Los Angeles County Department of Children & Family Services v. Olga G.

Olga G. appeals from the denial of her petition for modification and the juvenile court’s order terminating parental rights under Welfare and Institutions Code section 366.26. 1 We reverse on the ground that the court failed to hold the required hearing on appellant’s petition for modification, and remand for further hearing.

FACTUAL AND PROCEDURAL BACKGROUND

A. Jurisdictional Findings

The family came to the attention of the Los Angeles County Department of Children and Family Services (DCFS) in March 2005, when DCFS received reports of general neglect and physical abuse of appellant’s five children: Lesly, Jennifer, Isaac, Josué, and Martin, Jr. 2 DCFS could not confirm physical abuse or neglect, but the caseworker learned that appellant had recently accused the children’s father, Martin G., of spousal abuse. 3

Initially, the parties agreed to participate in family preservation services. Within a month, however, DCFS received multiple reports that appellant had left the children unsupervised. In addition, several family members reported their suspicion that appellant was using drugs, and appellant reported another incident of physical abuse by Martin. At DCFS’s…