In Re Donnovan J.

Bad Law
58 Cal. App. 4th 1474·68 Cal. Rptr. 2d 714
Court of Appeal of CaliforniaNovember 6, 1997B108764California1,267 words

Opinion

Opinion

Epstein, J.

OPINION Roy L. (Father) appeals an order of the juvenile court that provides "[f]ather to have no visitation rights [with children] without permission of minors' therapists." Father contends this order unlawfully delegates judicial authority to the therapists. We agree. We therefore reverse and remand to the juvenile court to exercise its discretion in fashioning a visitation order. FACTUAL AND PROCEDURAL SUMMARY Father has two children — Donnovan, born July 7, 1991, and Jazzalynn, born June 16, 1993. Father's children were declared dependent children *Page 1476 under Welfare and Institutions Code section 300 1 based on findings of sexual abuse to Donnovan and the children's exposure to violent confrontations between parents. When terminating its jurisdiction the juvenile court issued an order stating: "Father to have no visitation rights without permission of minors' therapists. Father's visitation is further contingent upon compliance with Dependency Court ordered psychological counseling. Father's visitation is further contingent upon proof of . . . successful participation in Dependency Court ordered psychological counseling and a recommendation from Father's therapist.…

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