Department of Social Welfare v. Raymond C., Jr.

In this case we hold that Evidence Code section 1530 does not authorize the admission in evidence of a copy of a writing in the custody of a public entity to prove the truth of the matter stated in the writing.

Raymond C., Jr., the father of Shannon C. and on active duty with the U.S. Navy, appeals from the trial court’s judgment 1 declaring Shannon free from Raymond’s custody and control and appointing a guardian for her *338 pursuant to Civil Code section 232, subdivision (a)(7). 2 Raymond contends, inter alia, the trial court committed reversible error when it admitted in evidence United States Naval records allegedly documenting the whereabouts of his ship during times crucial to his reunification with Shannon. Because we agree with this contention, we reverse the judgment on this ground and do not address Raymond’s remaining contentions.

Facts

Shannon has been diagnosed as having aphasia, a speech and learning disability, and may be mildly retarded. She is also an emotionally damaged child.

Shannon was three and one-half years old when she was taken into protective custody by the Sacramento County Sheriff’s Department on December 21, 1978. She was found suffering…