In re Ethan J.
Fresno County Department of Social Services v. Monica G.
Opinion
Opinion
Pena, J.
When the juvenile court orders a legal guardianship for a child with visitation for the mother, and the child refuses to participate in visitation, may the court terminate dependency jurisdiction with knowledge that its visitation order will not be honored or enforceable? We conclude it may not do so absent a finding continued visitation would be detrimental to the child. We reverse the order terminating dependency jurisdiction.
PROCEDURAL AND FACTUAL SUMMARY
Appellant Monica G. is the mother of nine-year-old Ethan J. who is currently in the custody of his maternal grandmother and legal guardian, Vera. Monica and Vera have a strained and contentious relationship.
These dependency proceedings were initiated in September 2010 after Vera contacted the police to report that Monica was trying to remove then four-year-old Ethan and his sisters, 17-year-old R.S. and 14-year-old G.G., from her home. Monica, who was homeless and using methamphetamine, had left the children in Vera’s custody because she could not care for them. Vera contacted the police after she and Monica argued about Monica’s drug use and Monica tried to leave with the children.