In re H.L. CA3

Filed 5/2/22 In re H.L. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

In re H.L., a Person Coming Under the Juvenile Court C094621 Law.

SAN JOAQUIN COUNTY HUMAN SERVICES (Super. Ct. No. AGENCY, STKJVDP20180000466)

Plaintiff and Respondent,

v.

S.L.,

Defendant and Appellant.

Mother of the minor H.L. appeals from the juvenile court’s August 2021 order that letters of guardianship would issue, with H.L.’s foster parents appointed as her legal guardians and visitation for mother at the discretion of the guardians. Mother contends reversal is required because the juvenile court impermissibly delegated its authority in ordering that visitation was within the discretion of the guardians. We agree and reverse the portion of the order addressing visitation and remand the matter.

1

FACTS AND HISTORY OF THE PROCEEDINGS Given mother’s contentions on appeal, we will limit our discussion of the factual and procedural background.

A. Initial Detention

In February 2018, the Yolo County Health and Human Services Agency filed a dependency petition pursuant to Welfare and Institutions Code section 300, subdivisions (b)(1) and (c)(1) on behalf of H.L. and her four minor siblings who are not parties to this appeal. (Statutory section citations that follow are to the Welfare and Institutions Code.) The petition alleged that father was physically violent toward mother, exposing H.L. and her siblings to domestic violence. Mother had maintained contact with father and failed to protect H.L. and her siblings. The petition further alleged H.L. and her siblings had suffered serious emotional abuse from mother and father. Mother also had untreated mental health issues. H.L. and her siblings were placed in protective custody. H.L. was eight years old at the time of the petition. In February 2018, the juvenile court ordered H.L. and her siblings detained. The court also ordered visitation and services for mother and father. In March 2018, the court sustained the section 300 subdivision (b) allegations in the petition. In April 2018, the court adjudged H.L. and her siblings to be dependents of the court and ordered out-of- home placement. (§§ 360-361.) In December 2018, the matter was transferred to San Joaquin County. In a March 2019 status report, the San Joaquin County Human Services Agency (the Agency) noted H.L. had been placed in a home without her siblings and was doing well in her current placement. In January 2020, the court ordered H.L.’s siblings (but not H.L.) to be placed with mother and father. In February 2020, after holding a hearing that included testimony from H.L., the court terminated reunification services for mother and father with respect