Los Angeles County Department of Children & Family Services v. Charmaine K.

A mother appeals from orders terminating her parental rights and denying a Welfare and Institutions Code section 388 1 petition seeking reinstatement of family reunification services based on the juvenile court’s failure to enforce a visitation order, and effectively delegating sole discretion over visitation to her estranged son. We conclude the juvenile court erroneously abdicated its authority by delegating discretion over visitation to a third party, and abused its discretion in denying the section 388 petition seeking to rectify that error. For that reason, the orders terminating parental rights and denying the petition are reversed.

FACTUAL AND PROCEDURAL BACKGROUND

In November 2001, a dependency petition was filed regarding five-year-old Hunter S. 2 His mother, appellant Charmaine K., had been fighting with her boyfriend when she saw police officers and fled, leaving Hunter alone and without provisions in a filthy hotel room. In February 2002, the petition was sustained on one count each of domestic violence and an unsafe home environment. (§ 300, subd. (b).) Hunter was placed with his maternal grandmother, and his parents were given reunification services.…