Los Angeles County Department of Children & Family Services v. Cheryl D.

Introduction

Defendant and appellant Cheryl D. appeals from an order of the juvenile court denying an evidentiary hearing on her petition filed pursuant to Welfare and Institutions Code section 388, 1 by which appellant sought to modify the juvenile court’s placement order regarding her daughters, Aljamie D. and Ashara D. She also appeals from an order appointing the children’s maternal aunt as their legal guardian. We agree with appellant that she was entitled to a full hearing on her section 388 petition prior to the court’s holding a selection and implementation hearing, and we therefore reverse both orders.

Factual and Procedural Background

Appellant is the mother of five children. Two of the children, Aljamie (bom September 1988) and Ashara (born January 1991), are the only subjects of this appeal. The other three children are Kellen D. (born December 1984), Earl H. (bom May 1993), and Emma H. (bom June 1996).

In a petition filed on December 5, 1996, the Los Angeles County Department of Children and Family Services (Department) alleged that the four older children previously had been dependents of the juvenile court due to appellant’s drag abuse. Ashara and Earl…