Fresno County Department of Social Services v. Gary H.

Good Law
1996 Cal. App. LEXIS 1049·50 Cal. App. 4th 1001·57 Cal. Rptr. 2d 861·96 Daily Journal DAR 13559·96 Cal. Daily Op. Serv. 8176
Court of Appeal of CaliforniaOctober 15, 1996No. F024855California3,007 words

Opinion

Lead Opinion

Thaxter, J.

Gary H. appeals from the dispositional order declaring his child, Christopher H., to be a dependent of the juvenile court. (Welf. & Inst. *1005 Code, § 300, subds. (b), (g).) 1 He challenges two components of the reunification plan: (1) an order that he submit to random drug or alcohol testing and (2) an order for “reasonable visitation” while he is incarcerated. He contends the first is inappropriate because the court found the allegation that his alcohol problems placed Christopher at risk not proven, and the second order amounts to an unlawful delegation of power to the department of social services (DSS) to set visitation. We will affirm.

Facts

Christopher H. was bom prematurely on March 20,1995. He weighed two pounds and had a cleft lip and palate; his mother died two weeks later. In September 1995, when Christopher was six months old and still hospitalized, the DSS filed a first amended petition under section 300, subdivisions (b) and (g). Count b-1 alleged Christopher was a high-risk baby who had been hospitalized since birth and would require extensive medical care when released from the hospital. Appellant had failed to visit the child, to cooperate with…

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