Opinion
17-P-148
05-02-2017
IN RE Care and Protection of HALONA (and five companion cases ).
MEMORANDUM AND ORDER PURSUANT TO RULE 1:28
On appeal from findings and judgment in this care and protection proceeding, the mother argues error in a Juvenile Court judge's ruling that precluded her from presenting evidence at a permanency planning hearing. The Department of Children and Families (DCF) has agreed that the judge erred in preventing the mother from presenting evidence. Both parties have asked us to vacate the judge's determinations and remand the case to the Juvenile Court.
We have reviewed the mother's brief and the transcript of the permanency planning hearing. We agree that the judge's failure to allow the mother to present evidence was an error that affected the integrity of the hearing. Accordingly, the findings and judgment dated August 22, 2016, are vacated and the case is remanded to the Juvenile Court, where the mother shall have the opportunity to present evidence at a permanency hearing. Under the circumstances, we conclude that this case should be assigned to another judge.
So ordered.
Vacated and remanded.