Opinion
E041050
5-17-2007
In re R.O. et al., Persons Coming Under the Juvenile Court Law. RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Plaintiff and Respondent, v. ESTHER O., Defendant and Appellant.
NOT TO BE PUBLISHED
THE COURT:
It is ordered that the opinion filed herein on April 24, 2007, be modified by deleting the last paragraph on page 12, which begins with "Here, although the juvenile court denied further reunification services . . ." and ends with "amounted to an error warranting reversal of the termination order," and replacing the paragraph with the following new paragraph:
Here, the juvenile court denied reunification services pursuant to section 361.5, subdivision (a)(1), which provides that" court-ordered services shall not exceed a period of 12 months from the date the child entered foster care." Regarding visitation, the court was silent. Although the court in In re J.N., supra, 138 Cal.App.4th 450, dealt with the denial of visitation (section 361.5, subd. (f)) following the termination of reunification services based on section 361.5, subdivision (b)(4), we find the courts observation that "visitation is not integral to the overall plan when the parent is not participating in the reunification efforts" (In re J.N., supra, 138 Cal.App.4th at p. 459), relevant. Clearly, at this stage of the proceedings, visitation was not mandated. Thus, we cannot find that the Departments failure to facilitate visitation during Mothers incarceration amounted to an error warranting reversal of the termination order.
There is no change in the judgment.
Appellants petition for rehearing is denied.
We concur:
KING, J.
MILLER, J.