Los Angeles County Department of Children & Family Services v. Marcela C.

Good Law
130 Cal. Rptr. 3d 271·197 Cal. App. 4th 796·2011 Cal. App. LEXIS 941
Court of Appeal of CaliforniaJuly 20, 2011No. B226481California733 words

Opinion

Lead Opinion

Epstein, J.

Mother Marcela C. appeals from orders of the juvenile court terminating dependency jurisdiction and ordering visitation with her minor daughters who had been adjudged dependent minors under Welfare and Institutions Code section 300. 1 In the published portion of this decision, we conclude that the oral visitation order, which conflicts with the form final judgment, is controlling and is not an improper delegation of authority to determine the circumstances of visitation. In the unpublished portion, we affirm the order terminating dependency jurisdiction because the conditions justifying dependency jurisdiction no longer exist.

FACTUAL AND PROCEDURAL SUMMARY* *

DISCUSSION

I *

II

Mother also argues the juvenile court improperly delegated visitation to the parents in its exit order. Father argues the issue was not preserved by mother because she failed to challenge the order in the dependency court. The Los *799 Angeles Department of Children and Family Services takes no position on the issue, but directs our attention to In re T.H. (2010) 190 Cal.App.4th 1119 [ 119 Cal.Rptr.3d 1 ] (T.H.), a case also cited by counsel for father.

“When a juvenile court terminates its…

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