In Re Manolito L.

Good Law
109 Cal. Rptr. 2d 282·90 Cal. App. 4th 753
Court of Appeal of CaliforniaJuly 13, 2001C036963California3,538 words

Opinion

Opinion

Sims, J.

In this dependency proceeding, Rosie H. (appellant), the mother of the minors, Manolito and Paradise, appeals from an order of the juvenile court denying appellant visitation with the minors. (Welf. Inst. Code, §§ 388 , 395 ; further unspecified statutory references are to this code.) Appellant claims that, in finding by a preponderance of the evidence that visits would be detrimental to the minors, the court applied an erroneous standard of proof. According to appellant, the court had to find detriment to the minors by clear and convincing evidence. Appellant also contends that, on the evidence presented, the court abused its discretion in denying her visitation.

In the published portion of the opinion, we conclude the juvenile court correctly applied the preponderance of the evidence standard to adjudicate the question of termination of visitation.

In the unpublished portion of the opinion, we reject appellant's contention that, on the evidence presented, the trial court abused its discretion in terminating visitation.

We shall therefore affirm the order.

Appellant failed to complete the elements of her reunification plan. Moreover, for some time appellant was inconsistent…

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