Los Angeles County Department of Children & Family Services v. Diana H.

In this case we reverse the grant of a guardianship because the trial court summarily and erroneously denied a hearing on the mother’s petition under Welfare and Institutions Code section 388. (All statutory references are to this code unless otherwise stated.)

Factual and Procedural Summary

Appellant Diana H. is the mother of Hashem H., bom November 1, 1984. Appellant and Hashem’s father divorced shortly after Hashem was bom.

In December 1990, the department of children and family services (DCFS) filed a petition alleging that six-year-old Hashem was a person described by section 300 because his mother demonstrated numerous emotional and mental problems which prevented her from regularly caring for the minor, and that the minor’s home was found in a filthy and unsanitary *1794 condition. At the detention hearing, Hashem was released to his father, with monitored visits by appellant. Counseling was ordered for the minor and his parents. The father placed Hashem with family friends, Mr. and Mrs. S., who previously had cared for him for extended periods of time.

In an amended petition, DCFS alleged: “Minor has special and unique problems and parents presently have a…