Human Services Department v. Darren D.

98 Cal. Rptr. 2d 188, 82 Cal. App. 4th 433, 2000 Cal. Daily Op. Serv. 6100, 2000 Daily Journal DAR 8057, 2000 Cal. App. LEXIS 574
CourtCalifornia Court of Appeal
DecidedJuly 20, 2000
DocketC033867
StatusPublished
Cited by22 cases

This text of 98 Cal. Rptr. 2d 188 (Human Services Department v. Darren D.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Human Services Department v. Darren D., 98 Cal. Rptr. 2d 188, 82 Cal. App. 4th 433, 2000 Cal. Daily Op. Serv. 6100, 2000 Daily Journal DAR 8057, 2000 Cal. App. LEXIS 574 (Cal. Ct. App. 2000).

Opinion

Opinion

NICHOLSON, J.

In this appeal we consider whether the juvenile court may deny the parent of a dependent minor a contested postpermanency *435 planning status review hearing. Appellant, Darren D., the father of the minors, contends he was entitled to such a hearing, which he sought in order to challenge a proposed modification in visitation. Based on the plain language of Welfare and Institutions Code section 366.3, subdivision (e), we agree with appellant’s contention. 1 Accordingly, we reverse the order reducing appellant’s visitation and remand to the juvenile court so that it may conduct a contested hearing.

Background

On January 14, 1997, the Siskiyou County Human Services Department (HSD) filed a section 300 petition on behalf of nine-year-old Kelly, eight-year-old Shane, and seven-year-old Marcus. That petition alleged generally the minors were living with their mother in an uninhabitable dwelling. The petition also averred that appellant was “unwilling and unable” to care for the minors.

The juvenile court sustained the petition, adjudged the minors dependent children, and ordered the minors placed in appellant’s custody under the supervision of the court with family maintenance services provided by HSD. Thereafter, on September 10, 1998, HSD filed a supplemental petition on behalf of the minors, pursuant to section 387. That petition alleged appellant had physically abused a stepbrother of the minors, the minors’ home was unsafe, and appellant had used methamphetamine.

HSD detained the minors and sought to place them in foster care. The juvenile court sustained the supplemental petition as amended and ordered them placed in foster care. On November 9, 1998, the court ruled the permanent plan for the minors was long-term foster care.

The record does not disclose the existence of any visitation order. However, HSD permitted appellant to visit with the minors on a regular basis. He had weekly supervised visits, which the social worker described as “generally positive.”

In her September 1999 report, the social worker noted appellant was having difficulties handling the minors during their visits, requiring frequent intervention by the social worker. The social worker also reported that appellant discussed inappropriate matters with the minors. Moreover, there were reports of negative behavior by the minors before and after visits. The social worker concluded “[i]t is anticipated that their visits with [appellant] *436 will more than likely become reduced ... if there is no significant change in their behavior around the visits.” However, the social worker’s report contained no recommended change in the frequency of the minors’ visitation with appellant.

At the September 20, 1999, status review hearing, counsel for HSD proposed a reduction in the frequency of visitation between appellant and the minors from weekly to monthly. Counsel for the minors agreed with that suggestion. Opposing the proposed reduction in visitation, counsel for appellant asked for a contested hearing on the issue. Appellant’s counsel also argued that, because the social worker’s report did not request a change in the frequency of visitation, appellant had no notice of the proposed reduction. Counsel also suggested HSD was required to show appellant’s weekly visits were detrimental to the minors to justify the proposed reduction.

Acknowledging the record contained no visitation order, the juvenile court noted appellant had been visiting the minors on a weekly basis. The court then ruled as follows: “It is my opinion that there is no right to a contested hearing on this issue. Visitation would still be in the discretion of the Department. I feel that the Department can reduce the visits—unless it’s patently unreasonable, can reduce the visits in accordance with the reports that they have submitted to the Court. flQ And the court is going to approve the reduction of visits to once per month.” (Unnecessary capitalization omitted.) The court then stated its specific order was for reasonable visitation within the discretion of HSD.

In support of its ruling, the juvenile court cited reports filed in the case and the fact the proceedings were in the postreunification, postpermanency planning phase. The court also noted the main emphasis at this stage of the proceedings was on promoting the best interests of the minors. Counsel for appellant expressed concern about the court’s reliance on the social worker’s report “without allowing the cross examination of the witnesses . . . .”

The juvenile court ordered all other orders in the proceeding to continue. The court also scheduled another status review hearing. This appeal followed.

Discussion

I

Relying on the express terms of section 366.3 and principles of procedural due process, appellant contends he was entitled to notice and a *437 contested status review hearing. According to appellant, HSD failed to provide prior notice of its intention at the hearing to seek a reduction in visitation. Appellant agues that, “[a]t the hearing, appellant would be able to present evidence to show that visitations were beneficial to the children, not detrimental. The court would then be able to make an informed decision on whether it should reduce appellant’s visitation.”

The rejoinder of HSD is that whether a party is entitled to a contested status review hearing depends on a balancing of the various factors involved. In support of that assertion, HSD relies in part on our recent opinion in Ingrid E. v. Superior Court (1999) 75 Cal.App.4th 751 [89 Cal.Rptr.2d 407] (Ingrid E.). HSD also argues that the issue of visits pertains more to the minors’ interests than to the interests of the parents. To bolster its argument, HSD notes the absence of explicit language in subdivision (e) of section 366.3 addressing the issue of visitation. In sum, according to HSD, under the circumstances presented, “a balancing of the Appellant’s rights and interests against the Juvenile Court’s [duty] to conduct a prompt and efficient status review hearing clearly shows that the Juvenile Court’s decision to deny a contested hearing was correct.” 2

In determining the proper scope of section 366.3, our primary task is to determine legislative intent. In order to do so, we must begin with the wording of the statute itself. (Brown v. Kelly Broadcasting Co. (1989) 48 Cal.3d 711, 724 [257 Cal.Rptr. 708, 111 P.2d 406].) Where the language of the statute is clear, there is no need to resort to other indicia of legislative intent; no need for construction then exists. (Lungren v. Deukmejian (1988) 45 Cal.3d 727, 735 [248 Cal.Rptr. 115, 755 P.2d 299]; Solberg v. Superior Court (1977) 19 Cal.3d 182, 198 [137 Cal.Rptr. 460, 561 P.2d 1148

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98 Cal. Rptr. 2d 188, 82 Cal. App. 4th 433, 2000 Cal. Daily Op. Serv. 6100, 2000 Daily Journal DAR 8057, 2000 Cal. App. LEXIS 574, Counsel Stack Legal Research, https://law.counselstack.com/opinion/human-services-department-v-darren-d-calctapp-2000.