In Re Dolly D.

Jimmy D. appeals from the order of the superior court declaring his daughter, Dolly D., a dependent child of the juvenile court and taking custody from him. We find that the court’s decision to decide the case based only on the social worker’s report, and refusing the request of appellant’s attorney to cross-examine, denied appellant his right of confrontation. For this reason, we reverse the order.

Factual and Procedural Summary

Dolly D., bom February 24, 1994, came to attention of the department of children’s services (DCS) when it was reported that her mother, Lucia M., inappropriately disciplined the infant. DCS filed a dependency petition (Welf. & Inst. Code, § 300; all statutory references are to this code unless otherwise noted) on June 10, 1994, alleging in count 1 that: “On several prior occasions, minor’s mother disciplined minor age-inappropriately by striking minor with her hand because minor was crying. Such punishment was excessive and caused minor unreasonable pain and suffering.” Count 2 alleged that appellant Jimmy D., the minor’s father, “is a minor himself, and lacks the maturity and experience to provide minor with proper care and supervision.”…