Siskiyou County Human Services Department v. Rosie H.

Good Law
109 Cal. Rptr. 2d 282·2001 Cal. App. LEXIS 540·2001 Daily Journal DAR 7297·90 Cal. App. 4th 753·2001 Cal. Daily Op. Serv. 5989
Court of Appeal of CaliforniaJuly 13, 2001No. C036963California3,939 words

Opinion

Lead Opinion

Sims, J.

In this dependency proceeding, Rosie H. (appellant), the mother of the minors, Manolito and Paradise, appeals from an order of the juvenile court denying appellant visitation with the minors. (Welf. & Inst. Code, §§ 388, 395; further unspecified statutory references are to this code.) *756 Appellant claims that, in finding by a preponderance of the evidence that visits would be detrimental to the minors, the court applied an erroneous standard of proof. According to appellant, the court had to find detriment to the minors by clear and convincing evidence. Appellant also contends that, on the evidence presented, the court abused its discretion in denying her visitation.

In the published portion of the opinion, we conclude the juvenile court correctly applied the preponderance of the evidence standard to adjudicate the question of termination of visitation.

In the unpublished portion of the opinion, we reject appellant’s contention that, on the evidence presented, the trial court abused its discretion in terminating visitation.

We shall therefore affirm the order.

Factual and Procedural Background

In November 1997, the juvenile court assumed jurisdiction over…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.