ROBIN J. v. Superior Court

I.

INTRODUCTION

The California Department of Corrections (CDC) appeals from an order of the juvenile court declaring section 3173.1 of title 15 of the California Code of Regulations (Regulation 3173.1) invalid and enjoining the CDC from enforcing the regulation to prevent visitation between inmate Vaughn J. and his sons Lucas J. and Joshua J. Regulation 3173.1 prohibits inmates who have been incarcerated for committing certain sexual offense's from participating in visits with minor children. On appeal, the CDC challenges whether the juvenile court had jurisdiction to order visitation in this case and whether the juvenile court exceeded its authority in declaring the regulation in question invalid pursuant to a petition filed under Welfare and Institutions Code section 362.6. We conclude that the superior court acted beyond the scope of its authority in addressing the validity of the regulation. We further conclude that because the court had no authority to act pursuant to Welfare and Institutions Code section 362.6 and because the court followed improper procedures in invalidating the regulation, the juvenile court did not have the authority under the circumstances of…