Alameda County Department of Social Services v. George S.

Defendants George and Joann S. appeal from a judgment entered February 18, 1986, declaring the minor, Robert William S., free from their parental custody and control. Defendants contend on appeal that the judgment should be reversed because (1) although the parents and their counsel stipulated to a hearing by a judge pro tempore, the stipulation was invalid because it was not in writing pursuant to California *1262 Rules of Court, rule 244, and (2) the court abused its discretion in admitting the testimony of two expert witnesses: Dr. Gil, a licensed marriage, family and child counselor with a Ph.D. in marital and family therapy and a master’s degree in psychology, and Ms. Diane Wood, Mr. S.’s parole officer.

Facts *

I

It is undisputed that both defendants, personally and through their respective counsel, orally stipulated to the judge pro tempore. Both Mr. and Mrs. S. contend, however, that the court lacked jurisdiction to terminate their parental rights because they did not stipulate in writing to a hearing by a judge pro tempore. We find this argument to be without merit.

Article VI, section 21 of the California Constitution authorizes trial by a judge pro tempore…