L.A. Cty. Dep't of Children & Family Servs. v. Superior Court of L.A. Cty.

[1090]

Opinion

THE COURT.

*

On November 6, 1997, this court issued its “Notice of Intention to Grant Peremptory Writ in the First Instance.”

Real parties in interest did not file opposition.

After review of the petition and the record we grant the peremptory writ and direct respondent to vacate its order which extends family reunification services to 21 months after the dispositional hearing and compels the Department of Children and Family Services (the Department) either to pay round-trip airfare to or from Georgia for monthly visitations with the minor.

Facts.

The material facts are simple and not in dispute.

The minor was declared a dependent ward of the juvenile court on April 22,1996, upon a finding of sexual molestation by the father only. The minor was placed with his mother, with monitored visitation allowed by the father.

The father made only a few sporadic efforts to visit the minor while the minor resided with the mother during the first nine months of the reunification plan. The father refused to participate in any sexual abuse or parenting classes, which were ordered by the court as part of the family reunification plan, until his criminal conviction of child molestation was affirmed on appeal.

In January 1997 the mother died of cancer and the minor was immediately placed with his maternal aunt, whom the mother had requested the court to appoint as foster parent. The Department obtained approval under the Interstate Compact on Placement of Children to place the minor with the aunt, who then resided in Colorado. The father did not attempt any visitation after the minor was placed with the aunt.

In June 1997, due to her job requirements, the aunt moved to Georgia with the minor. The father did not seek any visitation with the minor.

The Department set a “change of circumstances” hearing (Welf. & Inst. Code, § 388) for June 1997 due to the aunt’s change of residence.