In Re James R.

INTRODUCTION

On this appeal, we determine that a juvenile placed out of home under the delinquency laws of this state has a fundamental constitutional right to visitation by family members and that the trial court unlawfully delegates its judicial power over visitation when it effectively delegates all decisions regarding family visits to the private program placement.

Appellant James R. was adjudged to be a ward of the juvenile court under Welfare and Institutions Code section 602, subdivision (a), following his plea of no contest to allegations of continuous child sexual abuse (Pen. Code, § 288.5) and commission of a nonforcible lewd act (Pen. Code, § 288, subd. (a)). He was placed in the custody of the probation officer for out-of-home placement, and on January 18, 2006, he was re-placed at a residential sexual offender treatment program in Fair Oaks, California. He appeals from orders of the juvenile court emanating from the six-month review hearing (May 26 and June 23, 2006) and a 12-month permanency planning review hearing (October 17, 2006) denying his request that the court set mandatory minimum visitation between appellant and his father while he is in…