In Re Oscar R.

ASHMANN-GERST, J.

On March 7, 2000, the voters approved an initiative measure designated as Proposition 21, which became effective on March 8, 2000. In relevant part, Proposition 21 amended Welfare and Institutions Code section 777 to reduce the burden of proof and permit the use of hearsay in hearings to modify dispositional orders to impose more restrictive custody for minors previously adjudicated as wards of the court. (Welf. & Inst.Code § 777, subd. (c) ["The facts alleged in the notice shall be established by a preponderance of the evidence at a hearing to change, modify, or set aside a previous order. The court may admit and consider reliable hearsay evidence ..."]) Prior to March 8, 2000, allegations to modify a prior dispositional order needed to established beyond a reasonable doubt. ( In re Arthur N. (1976) 16 Cal.3d 226, 239-240 , 127 Cal.Rptr. 641 , 545 P.2d 1345 .) Likewise, under prior case law, hearsay not subject to a statutory exception was inadmissible. ( In re Antonio A. (1990) 225 Cal.App.3d 700, 706 , 275 Cal. Rptr. 482 .)

Appellant Oscar R. appeals the juvenile court's revocation of his probation and sentence to the California Youth Authority (CYA). He…