In Re Donald R.

195 Cal. App. 3d 703, 240 Cal. Rptr. 821
CourtCalifornia Court of Appeal
DecidedOctober 20, 1987
DocketC000749
StatusPublished
Cited by15 cases

This text of 195 Cal. App. 3d 703 (In Re Donald R.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Donald R., 195 Cal. App. 3d 703, 240 Cal. Rptr. 821 (Cal. Ct. App. 1987).

Opinion

195 Cal.App.3d 703 (1987)
240 Cal. Rptr. 821

In re DONALD R. et al., Persons Coming Under the Juvenile Court Law.
SACRAMENTO COUNTY DEPARTMENT OF SOCIAL SERVICES, Plaintiff and Respondent,
v.
WILLIAM G. et al., Defendants and Appellants.

Docket No. C000749.

Court of Appeals of California, Third District.

October 20, 1987.

*707 COUNSEL

Loretta H. Hellen, under appointment by the Court of Appeal, for Defendants and Appellants.

L.B. Elam, County Counsel, and Denis J. Zilaff, Deputy County Counsel, for Plaintiff and Respondent.

OPINION

SIMS, J.

In this case, we hold that a written social study containing relevant evidence was properly admitted in evidence over objection at a jurisdictional hearing on a petition brought under Welfare and Institutions Code section 300. (Statutory references are to the Welfare and Institutions Code unless otherwise indicated.)

*708 FACTS AND PROCEDURAL BACKGROUND

In 1984, six children (four boys, two girls) of Mr. and Mrs. G. were made dependent children under section 300, subdivisions (a) and (b).[1] However, the children were not removed from the family home.

In January 1986, one of the children, Mr. G.'s 14-year-old stepdaughter, R., reported to authorities that Mr. G. had sexually abused her on numerous occasions during the past six years. A medical examination was consistent with sexual activity. Mr. G. admitted to an investigating officer he had fondled and attempted intercourse with R. on approximately 10 occasions in the past two years.

In February 1986, the juvenile court ordered in pertinent part that "Said minors' mother maintain a residence separate and apart from the minors' father/stepfather, [Mr. G.]. [¶] Said minors' mother allow no contact between the minors and their father/stepfather, [Mr. G.], until further Court Order."

In April 1986, a supplemental petition was filed pursuant to section 387 alleging the children's prior placement with Mrs. G. had been ineffective because Mrs. G. had failed to maintain a residence separate from Mr. G. and had allowed contact between Mr. G. and the children. Subsequent petitions pursuant to section 300, subdivision (d), were also filed as to each child, alleging their home was unfit by reason of Mr. G.'s molestations of R. and because Mrs. G. had allowed continued contact between R. and Mr. G. despite Mrs. G.'s knowledge of the molestations.

At the jurisdictional hearing, witness Edward Rapski, who had been the G.'s neighbor for about a year, testified that on several occasions since R.'s allegations of abuse in January 1986, he had seen Mr. G. arrive at the family home by car. Sometimes, Mrs. G. would back her car all the way up her driveway to the entryway of the house. Mr. G., who would arrive lying down in the rear seat, would then get out of the car and enter the house. Rapski also observed Mr. G. arrive at the house driving a van. On one occasion, Rapski observed Mr. G. at the residence's garage.

Witness Michael Johnston, another neighbor of the G.'s, testified he had seen Mr. G. at the house removing his belongings from the garage, while the younger boys were present.

*709 Johnston had also seen Mr. G. at the residence on another occasion, when Mrs. G. had driven her car five or six feet from the front door. Mr. G. was not visible as Mrs. G. drove into the driveway but he later got out of the car and headed for the front door.

Sacramento Police Detective Joseph Sledge testified he interviewed Mr. G. following Mr. G.'s arrest on charges he molested R. Mr. G. admitted to Sledge he had sexually molested R. on 10 different occasions.

County offered into evidence a social study report by social worker Craig Miles. Mr. G. objected to the study on grounds it contained multiple hearsay and denied him his right of confrontation as to statements of persons quoted in the study. The juvenile court admitted the study and Miles was called and examined by all counsel.

The social study contained statements of various individuals, including Mr. and Mrs. G., several of the children, neighbors Rapski, Johnston, Gonzales, Detective Sledge, probation officer Griggs and social worker Stratton. Of these individuals, only the children, neighbor Gonzales, probation officer Griggs, and social worker Stratton were not called to testify at the hearing.

Following the hearing, the juvenile court sustained both the section 300, subdivision (d), petitions and the section 387 petition. At the dispositional hearing the juvenile court removed the minors from Mrs. G.'s custody. Mr. G. appeals, seeking to have the children returned to Mrs. G.

DISCUSSION

I

The Social Study Was Properly Admitted Into Evidence

A. Admission of the social study was authorized by sections 281 and 355 and by rule 1365 (d) of the California Rules of Court.

(1a) Mr. G. first contends the juvenile court's admission of the social study was reversible error.

Rule 1365 (d), of the California Rules of Court, applicable to section 300 proceedings, provides: "A probation or social worker's report, including any social study, containing information relevant and material to the jurisdiction hearing is admissible if, on request of the parent or guardian, the *710 probation officer or social worker is made available to be cross-examined regarding the contents of the report." (All references to rules are to the California Rules of Court.) Here, the information in the social study was relevant to the issues at the jurisdictional hearing, and the social worker who prepared the report was cross-examined. Rule 1365 (d) therefore authorized admission of the social study in evidence.

However, Mr. G. contends rule 1365 (d) is void because it conflicts with provisions in the Evidence Code precluding the admission of hearsay evidence. Mr. G. also contends the social study was incompetent evidence under In re Michael V. (1974) 10 Cal.3d 676 [111 Cal. Rptr. 681, 517 P.2d 1145]. We conclude there is no conflict between rule 1365 (d) and the Evidence Code and Michael V. applies only to section 602 cases.

Section 701 describes procedures at jurisdictional hearings in section 300, 601 or 602 cases. As pertinent here, section 701 says, "The admission and exclusion of evidence shall be pursuant to the rules of evidence established by the Evidence Code and by judicial decision.... [A] preponderance of evidence, legally admissible in the trial of civil cases must be adduced to support a finding that the minor is a person described by Section 300 ...."

Under the Evidence Code, hearsay evidence is inadmissible "[e]xcept as provided by law." (Evid. Code, § 1200, subd. (b).) Under subdivision (b) of Evidence Code section 1200, "Exceptions to the hearsay rule may thus be found in other codes as well as in the Evidence Code. [Citation.]" (In re George G. (1977) 68 Cal. App.3d 146, 155 [137 Cal. Rptr. 201]; see Evid. Code, § 1205; 1 Witkin, Cal. Evidence (3d ed. 1986) § 560, p. 535; 1 Jefferson, Cal. Evidence Benchbook (2d ed. 1982) § 18.8, p. 437.)

Two statutes authorize the admission of relevant hearsay evidence in a social study at a jurisdictional hearing on a petition filed under section 300.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Basilio T.
4 Cal. App. 4th 155 (California Court of Appeal, 1992)
San Diego County Department of Social Services v. Marianne F.
4 Cal. App. 4th 155 (California Court of Appeal, 1992)
In Re Malinda S.
795 P.2d 1244 (California Supreme Court, 1990)
San Diego County Department of Social Services v. Rusell S.
795 P.2d 1244 (California Supreme Court, 1990)
In Re Daniel CH
220 Cal. App. 3d 814 (California Court of Appeal, 1990)
Silva v. Daniel O. H.
220 Cal. App. 3d 814 (California Court of Appeal, 1990)
Tasman B. v. Patti B.
210 Cal. App. 3d 927 (California Court of Appeal, 1989)
In Re Kerry O.
210 Cal. App. 3d 326 (California Court of Appeal, 1989)
Ventura County Department of Social Services v. Harley D.
210 Cal. App. 3d 326 (California Court of Appeal, 1989)
In Re Eduardo A.
209 Cal. App. 3d 1038 (California Court of Appeal, 1989)
Los Angeles County Department of Children's Services v. Juan A.
209 Cal. App. 3d 1038 (California Court of Appeal, 1989)
In Re Jose M.
206 Cal. App. 3d 1098 (California Court of Appeal, 1988)
San Deigo County Department of Social Services v. Blanca N.
206 Cal. App. 3d 1098 (California Court of Appeal, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
195 Cal. App. 3d 703, 240 Cal. Rptr. 821, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-donald-r-calctapp-1987.