In Re Kelly D.

In this appeal we consider whether the juvenile court may deny the parent of a dependent minor a contested postpermanency planning status review hearing. Appellant, Darren D., the father of the minors, contends he was entitled to such a hearing, which he sought in order to challenge a proposed modification in visitation. Based on the plain language of Welfare and Institutions Code section 366.3, subdivision (e), we agree with appellant’s contention. Accordingly, we reverse the order reducing appellant’s visitation and remand to the juvenile court so that it may conduct a contested hearing.

Background

On January 14, 1997, the Siskiyou County Human Services Department (HSD) filed a section 300 petition on behalf of nine-year-old Kelly, eight-year-old Shane, and seven-year-old Marcus. That petition alleged generally the minors were living with their mother in an uninhabitable dwelling. The petition also averred that appellant was “unwilling and unable” to care for the minors.

The juvenile court sustained the petition, adjudged the minors dependent children, and ordered the minors placed in appellant’s custody under the supervision of the court with family maintenance…