Conditions to Protect Child's Well-being in a Visitation Order

In In re Chantal S. (1996) 13 Cal.4th 196, the California Supreme Court upheld a visitation order that provided the father's visitation was "to be facilitated by the child's therapist," and required the father to first attend and make satisfactory progress, as determined by his therapist, in individual psychotherapy before he could begin visiting with his child. (Chantal S., supra, 13 Cal.4th at pp. 202, 213-214.) The father in Chantal S. argued the visitation order unlawfully delegated to the child's and the father's therapists discretion to determine whether visitation will occur. (Id. at p. 213.) In upholding the order, the court observed that it provided no discretion to the child's therapist, but rather it "mandated" that the child's therapist comply with its terms once certain conditions were met. (Ibid.) With respect to the portion of the order concerning father's therapist, the court held the juvenile court was authorized to establish conditions to protect the child's well-being, the satisfaction of which would trigger visitation. (Id. at pp. 213-214.)