Ventura County Department of Social Services v. Harley D.

The parents of a minor stipulate in a juvenile dependency hearing that the minor’s testimony in a prior proceeding may be used in the dependency proceeding. Does such a stipulation violate the parents’ right to confrontation and cross-examination when the juvenile court did not obtain a personal waiver of those rights? We hold it does not.

Harley D. and Rita D. appeal from an order of the Ventura County Juvenile Court adjudging Rita’s daughter and Harley’s stepdaughter, Kerry O., a dependent of the court within the provisions of Welfare and Institutions Code section 300, subdivisions (a) and (d). 1 They contend the juvenile court erroneously considered Kerry’s prior trial testimony without obtaining a knowing waiver of their right to confront and cross-examine her and thereby deprived them of those constitutional rights. We disagree and affirm the order.

Facts

May 1, 1987, Ventura County Department of Social Services (VCDSS) filed a petition on behalf of minor Kerry O., born July 25, 1972, alleging that she came within the provisions of section 300, subdivisions (a) and (d) due to sexual molestation by her stepfather and her mother’s inability to protect her. The…