Alameda County Social Services Agency v. Beatrice R.

This appeal raises an unsettled question under the Interstate Compact on Placement of Children (ICPC) (Fam. Code, § 7900 et seq.): Does the ICPC prevent a California court from ordering visitation between a dependent child and his noncustodial parent where a previous ICPC evaluation found the parent’s home unsuitable for placement? Under the circumstances of this case, we conclude it does not.

The Alameda County Social Services Agency (Agency) successfully petitioned this court for a stay of a juvenile court order allowing respondent Emmanuel R. to visit his father’s home in Florida for 10 days at the end of August, during Christmas holidays, and for four weeks during summer 2002. We issued a writ of supersedeas and ordered expedited briefing of the appeal. We conclude the ICPC does not bar court-approved visitation with a *456 parent, and the juvenile court did not abuse its discretion in finding that the visits were in Emmanuel’s best interest; therefore we affirm the visitation order.

Background

Twelve-year-old Emmanuel R. and his brother Gabriel live with their mother, Beatrice R., in Oakland, California. In November 1998, the Agency filed a petition under Welfare…