In Re Moriah T.

Butte County Child Protective Services v. Harry T.

Good Law
1994 Cal. App. LEXIS 264·23 Cal. App. 4th 1367·28 Cal. Rptr. 2d 705·94 Daily Journal DAR 4103·94 Cal. Daily Op. Serv. 2225
Court of Appeal of CaliforniaMarch 29, 1994C016326California2,970 words

Opinion

Opinion

Scotland, J.

Appellant, the father of Moriah T. and Harry T., appeals from a juvenile court order which terminated reunification services and scheduled a hearing to select and implement a plan of adoption, guardianship, or long-term foster care for the minors (Welf. & Inst. Code, §§ 366.22, subd. (a), 366.26; further section references are to the Welfare and Institutions Code), and which continued a prior visitation order pending the section 366.26 hearing. The order granting appellant continued visitation with the minors was as follows: After adopting the social worker’s recommendation that appellant comply with a service plan which, among other things, required him to visit the minors “regularly,” the juvenile court specified that visitation shall be “consistent with the well-being of the minor[s], and at the discretion of Child Protective Services as to the time, place, and manner.”

In the published portion of this opinion, we reject appellant’s claim that the visitation order improperly delegated to child protective services (CPS) the power to determine whether appellant would be permitted to visit with his children. The record reflects the juvenile court did not give CPS…

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