San Diego County Department of Social Services v. Marianne F.

Marianne F. (Marianne) appeals an order of the juvenile court declaring her sons, Joseph W. (Joseph) and Basilio T., Jr., (Basilio Jr.), dependent children of the court under Welfare and Institutions Code 1 section 300, subdivision (b), as well as a dispositional order removing the minors from her home. Basilio T. (Basilio), the father of Basilio Jr., also appeals from these orders as they relate to his son. Both parents raise insufficiency of the evidence arguments to support the court’s jurisdictional findings, including the argument it was error to use Basilio Jr.’s statements in *160 the social study report after the trial court found Basilio Jr. not competent to testify. Additionally, it is contended there was insufficient evidence to support removal of the minors from parental custody, and the trial court failed to make the proper legal findings to support the removal of custody. Both parents also contend it was improper for the court to order drug testing and substance abuse therapy as part of the reunification plan.

Facts

Marianne and Basilio have been involved in a relationship since approximately 1985. In the fall of 1990, when the events that led to this…