Sacramento County Department of Social Services v. Michael T.

In this case under Welfare and Institutions Code section 300, it was alleged that the minors’ father had molested them. Based on these allegations, criminal charges were filed against the father and a preliminary hearing was held at which the minors testified about the alleged acts. The magistrate found probable cause for a holding order.

In the subsequent jurisdictional hearing in the Welfare and Institutions Code section 300 matter, conducted in 1991, the transcript of the minors’ testimony from the preliminary hearing was admitted into evidence over objection pursuant to Evidence Code section 1293 (§ 1293), which allows *631 the admission of such transcripts in Welfare and Institutions Code section 300 proceedings as an exception to the hearsay rule. 1 The juvenile court held that it had jurisdiction over the minors. Thereafter, at the dispositional hearing, the court ordered the minors placed in the mother’s home and issued a no-contact order against the father.

In his appeal from the juvenile court’s dispositional orders, the father raises a facial challenge to the constitutionality of section 1293. We reject that challenge and affirm the juvenile court’s…