In Re Eduardo A.

The Los Angeles County Department of Children's Services (DCS) appeals from the order dismissing a supplemental petition filed under Welfare and Institutions Code section 387. [1]

In 1985, Eduardo, Sheila, Catalina, Maria and Laura A. were declared dependent children of the juvenile court (§ 300) because of sexual molestation of Sheila, Maria and Catalina by their father, Juan A. The father was charged and convicted of the molestations and served approximately a one-year sentence. The children were left in the custody of their mother, Maribel C., and the court ordered that the father have no contact with them.

On July 15, 1987, supplemental petitions were filed pursuant to section 387 seeking to remove the children from the mother's custody because she had allowed contact between them and their father in violation of the court's order.

At the adjudication hearing, the mother's therapist was called as a witness. The court sustained the mother's objection and granted her motion to strike testimony of her therapist involving the mother's confidential communications. The court also excluded a preadjudication social study prepared by a DCS social worker on the…