In re M.R. CA2/7

DISCUSSION

I. Parents’ Trial Rights

A parent who denies the allegations of a juvenile dependency petition has a right to a contested hearing on the question of whether the child comes within the jurisdiction of the juvenile court. (Cal. Rules of Court, rule 5.684(a).) At the contested hearing, the parent has a right against self-incrimination, the right to confront and cross-examine witnesses, and the right to use the process of the court to compel attendance of witnesses. (Cal. Rules of Court, rule 5.682(b).) As an alternative to a contested hearing, a parent may admit the allegations of the petition, plead no contest to them, or submit the jurisdictional determination to the juvenile court based on the information provided in the social worker’s report and waive further hearing. (Cal. Rules of Court, rule 5.682(e).) If a parent chooses to submit on the report, the juvenile court must advise the parent of his or her constitutional rights and obtain a personal waiver of those rights before making jurisdictional determinations. (Cal. Rules of Court, rule 5.682(f).) Marlon R., joined by D.T., contends that “nothing in the transcript” of the jurisdictional hearing in this case…