In re J.J. CA3

Filed 1/29/25 In re J.J. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

In re J.J., a Person Coming Under the Juvenile Court C098374 Law.

SACRAMENTO COUNTY DEPARTMENT OF (Super. Ct. No. JD241457) CHILD, ADULT AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

J.J.,

Defendant and Appellant.

Appellant Ja.J. (father) appeals from an order that terminated the dependency jurisdiction of the juvenile court over the minor J.J. The order authorized a minimum of three visits annually, which the minor could refuse. Father argues the court abused its discretion when it improperly delegated the visitation decision to the minor, effectively rendering the visitation order illusory. The People argue the order is in the best interests

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of the minor. We agree with father and reverse and remand the matter with instructions for the court to issue a new order consistent with this opinion. FACTUAL AND PROCEDURAL BACKGROUND We need not recount in detail the facts of the case, as the juvenile court’s underlying decision to grant visitation rights to father are not disputed. As such, we generally summarize factual and procedural background. Based on a referral the Sacramento County Department of Child, Family and Adult Services (Department) received indicating a domestic violence incident occurred between J.C. (mother) and J.I. (stepfather) where mother fell down the stairs at her home, in July 2021, the Department filed a protective custody warrant and petition asserting jurisdiction over the 10-year-old minor. The petition alleged that mother had an untreated substance abuse problem, which impaired her ability to care for the minor. (Welf. & Inst. Code,1 § 300, subd. (b)(1).) It further alleged the minor was at risk of harm related to the minor’s mother and stepfather. (Ibid.) Father was a nonoffending and noncustodial parent under the petition. Prior to the petition being filed, a social worker interviewed mother and the minor. The social worker noticed several empty 12- ounce cans of alcohol in a trash can, trash bags, and grocery bags by the entrance to the apartment. Mother’s behavior during the interview indicated she may have been under the influence of alcohol because she had slurred speech, shaking hands, red eyes, and a puffy face. Mother declined to take a drug test during the interview, denied having an alcohol or drug issue, and further denied any allegations of domestic violence. She told the social worker that she had two alcoholic drinks at a restaurant on the day of the incident. Mother said she did not remember how she fell or why she called the police.