In re Kiara T. CA2/2

Filed 6/24/13 In re Kiara T. CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION TWO

In re KIARA T., a Person Coming Under B245115 the Juvenile Court Law. (Los Angeles County Super. Ct. No. CK00259)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

PRUDENCE S.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Amy M. Pellman, Judge. Reversed and remanded. M. Elizabeth Handy, under appointment by the Court of Appeal, for Defendant and Appellant. John F. Krattli, County Counsel, Denise M. Hippach, Deputy County Counsel, for Plaintiff and Respondent. ___________________________________________________

Prudence S. (Mother) appeals from the denial of her petition brought pursuant to Welfare and Institutions Code section 388. Both Mother and the Department of Children and Family Services (DCFS) agree that the order currently in effect giving the legal guardian discretion to determine visitation is in error. We reverse the trial court’s order denying Mother’s petition and remand the matter to the dependency court to determine whether visitation is appropriate and, if so, to specify the frequency and duration of the visits. BACKGROUND Kiara T. was born in 1998, testing positive for cocaine at birth. Seven of her older siblings were already dependents of the court due to Mother’s drug use. A petition was filed on Kiara’s behalf pursuant to Welfare and Institutions Code section 300, subdivisions (b), (i), and (j),1 and she was declared a dependent and placed with her paternal grandmother, Carol C., when she was approximately three months old. In January 2001, the court ordered guardianship with Carol C. as the permanent plan for Kiara. Letters of guardianship were issued granting visitation rights between Kiara and Mother, at the discretion of the legal guardian. On March 14, 2003, the court terminated jurisdiction over Kiara’s case with Kin-Gap funding in place for Carol C. as the guardian. On August 23, 2012, Mother filed a section 388 petition, apparently seeking a change in visitation rights. Along with the petition she submitted various certificates and awards documenting her recent achievements, including completion of a drug court program in 2008. A report responding to the section 388 petition was filed in September 2012 by a DCFS social worker. The report noted that Mother has an extensive criminal history dating back to 1988, with convictions for drug possession, theft, and prostitution. Kiara was interviewed for the report. She said that she did not want to live with Mother because she did not like where Mother lived and, when she was younger and would visit