David B. v. Superior Court

Benjamin P. de Mayo, County Counsel, Dana J. Stits and Jeannie Su, Deputy County Counsel for Real Parties in Interest.

Linda M. O'Neil for the Minor.

MOORE, J.

Does the parent of a dependent child have a due process right to a contested review hearing, unfettered by the prerequisite of a juvenile court's demand for an offer of proof? For reasons more fully discussed below, the answer we believe is yes. Cross-examination is not just the "Hail Mary pass" of a desperate attorney; it is a recognized method of challenging adverse witnesses, one protected by fundamental notions of due process of law and fundamental fairness. Petitioner is entitled to his day in court.

David B., the petitioner, is the father of the minor child Susan M. In August 2002, Susan's mother, who had custody of Susan at the time, was arrested for being under the influence of a controlled substance. The mother was on parole due to a history of substance abuse and behavior associated with substance abuse. Orange County Social Services (SSA) detained Susan, who was 14 months old at the time, placed her in a foster home, and identified David as her presumed father. Susan was declared a dependent child of the…