Fresno County Department of Children & Family Services v. Melody B.

After dependency jurisdiction had been established for the minor, Lance V., and disposition orders had been made, mother (Melody B.) filed an ex parte motion for mediation regarding the implementation of the visitation orders. Mediation was granted, but the parties were unable to reach an agreement. The court held a hearing following mediation and changed the previous visitation order. Mother appeals from the order altering her visitation, claiming the juvenile court erred when it reduced her visitation without a petition for modification (Welf. & Inst. Code, § 388). 1 We agree and reverse the order altering visitation. In the unpublished portion of this opinion, we explain that mother’s additional claim, that the court erroneously ordered visitation at the discretion of the minor, was not timely appealed, that provision being a part of the visitation ordered at the disposition hearing.

Factual and Procedural Background

Based on mother’s history of substance abuse, Lance V., bom in March of 1993, had been made a dependent child of the court on more than one *671 occasion. In October of 1999 dependency was dismissed and Lance’s father, Leo V., was awarded sole physical…