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In re C.B.

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Argued January 22, 2009

Before WASHINGTON, Chief Judge, REID, Associate Judge, and PRYOR, Senior Judge.

I.B., appellant and biological mother of C.B., challenges the Family Court’s order denying her motion for review of a Magistrate Judge’s order of October 31, 2006, “Findings of Fact, Conclusions of Law and Order Appointing Permanent Guardians and Closing Neglect Case,” (“the guardianship order”). We deem it unnecessary to address most of I.B.’s arguments, either because she failed to raise them in the trial court, or because they are related to the primary issue before us. I.B. challenges the guardianship order, in part, because she claims that there was insufficient record evidence to satisfy the statutory factors set forth in D.C. Code § 16-2383 (d), particularly subsection (d)(3) pertaining to the quality of the interaction and interrelationship between C.B. and one of the petitioners. Because only the Magistrate Judge examined evidence provided by three “witnesses” pertaining to that factor, and since the parties did not have an opportunity to examine or cross-examine these “witnesses,” we are constrained to remand this matter to the Family Court with instructions to reopen the “adjudicatory [guardianship] hearing” to permit the parties to examine and cross-examine A.B., E.B., and the therapist.

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