place a child in foster care and order reunification services, you
also must order:
visitation between the child and the parent or guardian as long
as the child’s safety is protected [WIC §362.1(a)(1); CRC 5.695(h)(5); see In re Brittany C. (2011) 191 CA4th 1343, 1356–1358 (order that visits be monitored and held in therapeutic setting)];
visitation unless you find by clear and convincing evidence that
sibling interaction is contrary to the safety or well-being of either child [WIC §§362.1(a)(2), (c), 16002(b)]; and
- If the child is a teen parent with custody of his or her own child who is not a court-ordered dependent, visitation among the teen parent, the child’s noncustodial parent, and appropriate family members unless you find by clear and convincing evidence that visitation would be detrimental to the teen parent [WIC §362.1(a)(3)].
with the following persons may also be ordered:
parent incarcerated for reasons not involving abuse (visitation
is required unless detrimental to the child) [WIC §361.5(e); see WIC §362.6(a)];
grandparent if in the child’s best interests [WIC §361.2(h); CRC 5.695(a)(7)(C)]; and
de facto parent [see, e.g., In re Hirenia C. (1993) 18 CA4th
You must determine whether reunification services are reasonable for an incarcerated or institutionalized parent, including whether particular barriers interfere with access to services and the ability to maintain contact with the child, and document this information in the child’s case plan. [WIC §361.5(e)1).]
You must determine whether visits will occur but may delegate logistical details such as time, place, and manner of the visits to the department. [In re Kyle E. (2010) 185 CA4th 1130, 1135; see Kevin R. v Superior Court (2010) 191 CA4th 676, 686–687 (court may order visitation to occur with the concurrence of father’s parole officer).] If a sibling’s dependency petition is dismissed, you have no jurisdiction to order visitation with that sibling under WIC §361.2(i). [In re A.R. (2012) 203 CA4th 1160, 1171.]
REFERENCE >> For optional forms for ordering visitation with parents, guardians, important persons, siblings, or grandparents, see forms JV-400, JV-401, and JV-402.