San Diego County Health & Human Services Agency v. Kenneth S.

Kenneth S. appeals an order dismissing without an evidentiary hearing his petition to modify visitation orders under Welfare and Institutions Code section 388. 1 He contends the court erred by determining the juvenile court was no longer the proper venue to litigate visitation. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Kenneth is the father of Kenneth S., Jr., bom in May 2002, and William B., bom in July 2004 (together children). The early history of the case is detailed in In re William S. (July 12, 2007, D050062) [nonpub. opn.] (William S.), and we summarize those facts here.

In March 2005 the court adjudicated the children dependents because of domestic violence and unsafe home conditions. The court ordered a plan of *1356 reunification services for Kenneth 2 and later placed the children with their paternal uncle, Richard S. In November the court placed the children in Kenneth’s care under a plan of family maintenance services. Kenneth displayed unstable, explosive and irrational behavior and in January 2006, the court removed the children from his care. At the 12-month review hearing, the court terminated reunification services and set a section 366.26…