Los Angeles County Department of Children & Family Services v. Marcela C.
197 Cal. App. 4th 796
| Cal. Ct. App. | 2011Background
- Mother Marcela C. appeals from orders terminating dependency jurisdiction and ordering visitation with her minor daughters who were adjudged dependent minors under Welfare and Institutions Code § 300.1.
- The juvenile court issued an oral visitation order, which conflicts with the form final judgment, and the court treated the oral order as controlling.
- The final judgment on a printed form stated that visitation was to be supervised and ‘to be determined by the parents.’
- The reporter’s transcript showed the court intended the parents to agree on a monitor or for the father to choose the monitor, not to let the parents determine visitation.
- The form final judgment language created an apparent delegation of decision-making about visitation that was at issue under case law on nondelegation of visitation authority.
- The Court distinguished the present case from In re T.H. and remanded to correct the exit order to align with the oral order.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the exit order improperly delegated visitation authority | Mother argues improper delegation as in T.H. | Father/DCFS notes preservation and nondelegation concerns; court must decide. | No improper delegation; remand to correct exit order. |
| Whether the conflict between oral order and final judgment controls the visitation | Transcript order should control; final form is inconsistent. | Final judgment language governs unless contradicted by transcript. | Oral order controls; transcript more accurate; remand to harmonize exit order with oral order. |
Key Cases Cited
- In re T.H., 190 Cal.App.4th 1119 (Cal.App.4th 2010) (nondelegation of visitation authority when dependency ends)
- In re Kenneth S., Jr., 169 Cal.App.4th 1353 (Cal.App.4th 2008) (exit orders affecting custody and visitation)
- In re Chantal S., 13 Cal.4th 196 (Cal.4th 1996) (nondelegation principles in exit orders)
- Jennifer T. v. Superior Court, 159 Cal.App.4th 254 (Cal.App.4th 2007) (reporter’s transcript as more accurate when conflicting with clerk’s transcript)