San Francisco Department of Social Services v. Patrice K.

This is an appeal in a dependency case. What started out as a scheduled settlement conference ended up as jurisdictional and dispositional hearings when mother failed to appear. She was not informed of the consequences of such a failure, nor was she permitted, through counsel, to cross-examine the social workers who prepared the fact sheets for the dependency petition. These were appended to the social study of a worker who entered the case post petition. On this worker’s testimony and her report, the court declared the minor a dependent and ordered out-of-home placement.

We conclude that appellant was not afforded due process and that this constitutional violation cannot be deemed as harmless beyond a reasonable doubt. Accordingly, we reverse the dispositional and jurisdictional orders.

I. Facts

Stacy T. was bom March 3, 1995. Both the infant and his 17-year-old mother, Patrice K. (appellant), tested positive for cocaine. As well, hospital staff reported that appellant “smelled of alcohol” at the time of delivery. According to staff, appellant had tested positive for cocaine on her only two predeliveiy visits. Both appellant and father admitted cocaine addiction to a…