Los Angeles County Department of Children & Family Services v. Marie R.

The juvenile court declared Marie R.’s three children dependents of the court following a contested jurisdiction hearing, ordered the children removed from her custody and directed the Los Angeles County Department of Children and Family Services (Department) to provide reunification services including monitored visitation. Marie R. challenges the juvenile court’s ruling permitting two of her children to testify in chambers outside her presence and *313 contends the court’s jurisdictional findings are not supported by substantial evidence. Marie R. also argues the court’s visitation order, which specifies “if the children refuse a visit, then they shall not be forced to have a visit,” impermissibly delegates to her children the authority to determine whether any visits will occur. In the published portion of this opinion we reverse the visitation order, holding that, when the court orders visitation, it must also ensure that at least some visitation, at a minimum level determined by the court itself, will in fact occur. In the unpublished portion of the opinion, we affirm the juvenile court’s evidentiary ruling and its orders declaring the children dependents of the…