In re Bobby S.
Filed 2/27/06 In re Bobby S. 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
In re BOBBY S., et al., Persons Coming Under the Juvenile Court Law. | B185484
(Los Angeles County Super. Ct. No. CK38493) |
LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,
Plaintiff and Respondent,
v.
D.R.,
Defendant and Appellant.
|
|
APPEAL from an order of the Superior Court of Los Angeles County, Stephen Marpet, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.) Reversed and remanded with directions.
Sharon S. Rollo, under appointment by the Court of Appeal, for Defendant and Appellant.
Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and William D. Thetford, Senior Deputy County Counsel, for Plaintiff and Respondent.
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D.R. appeals from a dependency court order appointing her children's great aunt as their legal guardian and granting monitored visits for D.R. She contends the court abused its discretion by failing to specify the frequency and duration of her visits. We agree, reverse the order, and remand with directions.
FACTS
Bobby S. was born in December 1997. His sister, Brianna S., was born in May 1999. Their parents are D.R. and Bobby S., Sr.
In July 1999, Bobby was severely beaten with a leather belt by his father. Bobby was hospitalized, his parents were arrested, and a petition was filed alleging physical abuse by the father, failure to protect by D.R., and a risk of harm to Brianna. In August, the children were placed with D.R.'s mother (Patrina D.). In January 2000, the petition was sustained as to both parents. (Welf. & Inst. Code, § 300, subds. (a), (b), (e), (i), (j).)[1]
In May 2001, after reunification services failed, Patrina was appointed as legal guardian for both children, with visitation rights for both parents in the guardian's discretion. D.R. had regular monitored visits (about four times per week) at Patrina's home, and regular telephone contact with the children. In November 2002, the Department reported that D.R. had given birth to another child, Breshawn S., who was at that time about a year old and who remained with D.R. D.R. visited Bobby and Brianna almost daily, helped them with their homework, baths, and dinner, and all three children were enjoying a â€