In re D.G. CA2/5

I. INTRODUCTION

The mother, A.L., appeals from the juvenile court‟s jurisdictional findings and removal order relating to her son, D.G. The mother argues the juvenile court deprived her of the right to cross-examine the dependency investigator who prepared the jurisdiction/disposition report. The mother requested the dependency investigator be placed on call for the jurisdictional hearing but the investigator was not present at the hearing. The juvenile court refused to continue the jurisdiction hearing and sustained the Welfare and Institutions Code section 300 petition without the dependency investigator‟s testimony.1 We agree the mother was deprived of her right to confront and cross- examine the dependency investigator but conclude the error was harmless beyond a reasonable doubt. In addition, the mother challenges the juvenile court‟s jurisdictional findings under section 300, subdivision (j) that the mother‟s prior marijuana use in connection with her daughter‟s dependency case placed her son at substantial risk of suffering serious physical harm or illness. We find substantial evidence supports the jurisdictional findings under section 300, subdivision (j). Finally, the…