In re Ryan A.

Filed 7/26/06 In re Ryan A. CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

APPEAL from an order of the Superior Court of Los Angeles County. Stanley Genser, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Affirmed.

Pamela Rae Tripp, under appointment by the Court of Appeal, for Defendant and Appellant.

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Liana Serobian, Senior Associate County Counsel, for Plaintiff and Respondent.

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Diane A. (Mother) appeals from a November 9, 2005 ruling that she was entitled to visits with her son, Ryan A. (born in Feb. 1988), a dependent of the juvenile court pursuant to Welfare and Institutions Code section 300, subdivision (b) (failure to protect), subject to Ryan's consent.^[1] Mother also appeals from a November 9, 2005 order denying with prejudice her petition for modification regarding visitation, after the juvenile court denied her attorney's request for a continuance so Mother could be present at the hearing. We affirm the rulings because the juvenile court did not abuse its discretion in denying the request for a continuance and there was no improper delegation to Ryan of judicial authority regarding visitation.

BACKGROUND

Ryan lived with Mother and his father (David A., Father) until Ryan was about four, when Father moved to Massachusetts. From 1995 to 2004, the Los Angeles Department of Children and Family Services (DCFS) received five referrals alleging that Mother was neglecting or physically abusing Ryan, but the 1998 allegations were inconclusive and the September 2004 allegations that Mother physically abused Ryan were determined to be unfounded. According to Ryan, he was detained from Mother's care when he was seven or eight years old and briefly participated in counseling.

In September 2004, both law enforcement and DCFS became involved with the family after an argument between Mother and Ryan. Mother accused Ryan of letting some frozen food spoil, and when Ryan did not comply with Mother's request to throw the spoiled food away, Mother said that she would take away Ryan's computer and cell phone and have him removed from the marching band drum line at school. Mother threw the box of food at Ryan, hitting him in the arm. When Ryan began to cry, Mother said, â€