In Re Stacy T.

Good Law
52 Cal. App. 4th 1415·61 Cal. Rptr. 2d 319
Court of Appeal of CaliforniaFebruary 25, 1997A073180California3,820 words

Opinion

Opinion

Anderson, J.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1418 OPINION This is an appeal in a dependency case. What started out as a scheduled settlement conference ended up as jurisdictional and dispositional hearings when mother failed to appear. She was not informed of the consequences of such a failure, nor was she permitted, through counsel, to cross-examine the social workers who prepared the fact sheets for the dependency petition. These were appended to the social study of a worker who entered the case post petition. On this worker's testimony and her report, the court declared the minor a dependent and ordered out-of-home placement. We conclude that appellant was not afforded due process and that this constitutional violation cannot be deemed as harmless beyond a reasonable doubt. Accordingly, we reverse the dispositional and jurisdictional orders. I. FACTS Stacy T. was born March 3, 1995. Both the infant and his 17-year-old mother, Patrice K. (appellant), tested positive for cocaine. As well, hospital staff reported that appellant "smelled of alcohol" at the time of delivery. According to…

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