Los Angeles County Department of Children & Family Services v. Ajah B.

In this case we hold the juvenile court erred in refusing to hear live witness testimony at the hearing on appellant’s petition for modification pursuant to Welfare and Institutions Code section 388, 1 where the declaration testimony was in conflict and the declarants’ credibility was at issue.

*1402 Facts and Proceedings Below

Appellant Ajah B. (mother) gave birth to Clifton V. in January 1995, when mother was 15 years old. Respondent Los Angeles County Department of Children and Family Services (DCFS) detained Clifton in January 1998, pursuant to a petition alleging Clifton’s father’s whereabouts were unknown and mother had a history of substance abuse, was homeless, and had failed to provide Clifton with the basic necessities of life. The petition also alleged mother had failed to obtain treatment for a medical condition from which Clifton suffered.

Clifton was detained at the home of his maternal grandmother from January 27, 1998, to October 8, 1998. During this time, mother participated in court-ordered counseling and rehabilitation programs, and was granted supervised visitation. Her relationship with Clifton was described as bonded and loving; however, an April…