San Diego County Department of Social Services v. Herman H.
Opinion
Lead Opinion
Benke, J.
Introduction
Referees are empowered to conduct dependency proceedings under Welfare and Institutions Code, 1 section 300, without stipulation or other approval of the parties, when the proceedings are in accordance with section 248, which provides a right for rehearing before the superior court. When a referee conducts the hearing not as a referee, but as a “temporary judge,” the rehearing right does not pertain. Service as a “temporary judge,” however, must be based upon the written stipulation of the parties. (Art. VI, § 21 of the Cal. Const.; rule 244 of the Cal. Rules of Court. 2 ) Here we conclude the requirement of a written stipulation is directory rather than jurisdictional and further that knowing participation in the proceedings before a referee acting as a temporary judge will be deemed tantamount to a stipulation.
Summary
On July 30, 1988, Kathy H. took her 10-year-old daughter Gloria W. to Sharp Hospital. Kathy thought her husband Herman had sexually molested *638 Gloria. Kathy reported finding a white substance coming from Gloria’s vagina. Gloria herself reported that on the previous evening Herman had orally and digitally copulated her.