Alameda County Social Services Agency v. S.O.
190 Cal. App. 4th 1119
| Cal. Ct. App. | 2010Background
- Father S.O. appeals an order terminating the juvenile court's dependency jurisdiction and placing the children with mother S.S. with a yet-to-be-determined supervised visitation plan for father.
- The exit order delegated visitation to be determined by the parents, effectively giving mother a veto over visitation.
- Historically, the family had prior dependency proceedings; father had primary custody under a reunification plan before the 2008-2009 proceedings.
- The 2008 petition followed threats, a 19-inch knife in the home, and unsafe living conditions observed by law enforcement at father's residence.
- Over time, father had positive and negative drug tests; the court eventually terminated reunification and granted joint legal custody with physical custody to mother.
- The court ordered that father’s visitation be supervised and “to be determined by the parents,” with visits to occur at a professional visitation site if needed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the exit order improperly delegated visitation to the custodial parent | S.O. argues the order delegated the right to visitation to mother by requiring agreement of the parents. | S.S. contends the order manages details of visits but does not improperly delegate supervision. | Yes, error: order improperly delegated visitation discretion to mother. |
| Whether the court abused its discretion in the visitation framework | Father asserts the plan is illusory and antithetical to his rights to supervised visits. | Mother contends supervision and location requirements are appropriate. | Yes, the court abused discretion; order must specify minimum visitation terms. |
| Whether the case should be remanded to formulate a proper exit order | Remand recommended to set concrete visitation terms reflecting current circumstances. | N/A | Remanded to establish concrete visitation rights and terms. |
Key Cases Cited
- In re Julie M., 69 Cal.App.4th 41 (Cal. Ct. App. 1999) (limits on delegating visitation authority)
- In re Moriah T., 23 Cal.App.4th 1367 (Cal. Ct. App. 1994) (parental delegation of time/place/m manner vs. ultimate supervision)
- In re Donnovan J., 58 Cal.App.4th 1474 (Cal. Ct. App. 1997) (no delegation of visitation right to nonjudicial officials)
- In re S.H., 111 Cal.App.4th 310 (Cal. Ct. App. 2003) (reversal for improper delegation to the children)
- In re Roger S., 4 Cal.App.4th 25 (Cal. Ct. App. 1992) (exit orders must be reviewable and not illusory)
- In re Kenneth S., Jr., 169 Cal.App.4th 1353 (Cal. Ct. App. 2008) (authority to issue exit orders; status of termination of jurisdiction)