In Re Ethan G.

Good Law
145 Cal. App. 4th 692·51 Cal. Rptr. 3d 816
Court of Appeal of CaliforniaDecember 6, 2006B193907California2,786 words

Opinion

Opinion

Charles L. Lindner, Santa Monica, for Real Party in Interest Maurice G.

Robbert J.F. de Klerk for Real Party in Interest David P.

PERLUSS, P.J.

Children's Law Center of Los Angeles, Jenny Cheung and Diane Iglesias for Minor Ethan G.

If the juvenile court determines, for the safety of a child sex abuse victim, that contact between an offending father and the child he abused must be monitored at all times, may the court nonetheless permit the father to return to the family home where the abuse occurred by designating the nonoffending second parent as the monitor? No. The very concept of monitored visitation is fundamentally incompatible with around-the-clock in-home contact that necessarily includes periods when the designated monitor will be unavailable to perform his or her protective function. Accordingly, we grant the petition for writ of mandate filed by the Los Angeles County Department of Children and Family Services (Department) and direct respondent Los Angeles Superior Court to vacate its order permitting the offending father to return to the family home and to enter a new order prohibiting the offending father from living in, or spending the night at, the family…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.