San Benito County Human Services Agency v. Patricia B.

*1688 Opinion

Patricia B. appeals from a dispositional order on a second supplemental petition under Welfare and Institutions Code 1 section 342. At this hearing, the juvenile court ordered that appellant’s daughter, Shawna M., remain a dependent of the juvenile court under section 300, subdivisions (b), (c) and (d); ordered her retained in out-of-home custody, and ordered that supervised visitation be permitted “with visitation to be arranged through, and approved by, the San Benito County Human Services Agency.” Appellant challenges the latter part of this order, arguing that it was an improper delegation of judicial authority. We agree, and will reverse that part of the juvenile court’s order.

Factual and Procedural Background

Shawna, then eight years old, was first taken into protective custody on April 4, 1991 when her father, Jess M., who is not a party to this appeal, was arrested for driving under the influence. Shawna was with her father in the car. A petition was filed alleging that Shawna came within the provisions of section 300, subdivision (b). Appellant’s whereabouts were unknown at this time. The allegations of this petition were sustained after a contested…