In Re Corey A.

Sherry A. appeals the declaration of dependency of her one-year-old son, Corey, and his removal from her physical custody. She contends her due process rights were violated when the trial court admitted the social study and its attached reports at the dispositional hearing, without the authors being available for cross-examination. She argues if Welfare and Institutions Code section 358 is interpreted not to require witnesses be available for cross-examination when such reports are admitted, it violates due process. She further contends there was insufficient evidence to support the trial court’s findings and the court erred in failing to consider reasonable alternatives to complete removal of custody. We affirm the judgment, concluding the preparer of a social study need not testify to establish a foundation for admission of that report in evidence at a dispositional hearing, and that a parent’s constitutional right to confront the preparer of the report is satisfied so long as that person is available to the parent upon request or by service of process. We reject Sherry’s contention the department of social service’s (DSS) failure to produce the social worker who…