CHILDREN AND THE LAW
...Evidentiary Issues
......Admissibility of Social Study
 21 Cards On This Topic:
  • Social study, and hearsay evidence in it, generally admissible and constitutes competent evidence on which finding of jurisdiction may be based, subject to hearsay objections and subpoenaed testimony.
  • Court shall consider any study made by probation officer or court appointed child advocate prior to disposition.
  • Court shall consider any study made by probation officer in any matter involving custody, status, or welfare of a minor.
  • Social study report admissible, subject to cross-examination.
  • Hearsay stmts in social study admissible even if they don't meet reqs of child dependency exception and even if M incompetent to testify; they may not be sole basis for jurisdictional finding unless court finds special indicia of reliability.
  • Social study reports are competent evidence to support finding of jurisdiction in dependency proceeding.
  • Social worker's testimony at dispositional hearing, based on substance abuse counselor's hearsay voice mail message, properly admitted where evidence was relevant and otherwise reliable.
  • Juvenile court had inherent authority to issue the injunction against mother to protect DCFS staff under W&IC 281 and Malinda S.; hearsay contained in SW's declaration was admissible.
  • Court may rely on social worker’s report if parties afforded opportunity to cross-examine.
  • Parent can’t be deprived of right to cross examine social workers who wrote social studies supporting jurisdiction; due process not regained in absentia by representation.
  • Social services reports competent evidence at all dependency hearings under implicit exception to hearsay rule created by W&IC §281.
  • Deciding dependency solely on social worker’s report, and refusing request to cross-examine, denied father right of confrontation.
  • Foundation for admission of social studies report made by properly designated official agent of appropriate training and authority.
  • Minor’s statements in social study report regarding molestation are admissible for W&I 300 finding even though minor incompetent to testify in court.
  • Hearsay statements in social report by child later found incompetent to testify admissible where incompetency not based on inability to distinguish truth and falsehood.
  • Refusal to strike child’s statements from social study didn’t violate accused’s confrontation right where child unavail. due to incompetency, social report reliable & X-exam of preparer made.
  • Admission of Ms’ hearsay stmts in social study not supported by evidence of competency at time stmts made; rev’d & remanded with instructions on competency determination and burdens of prf/prod.
  • In sustaining dependency petition, juvenile court may properly consider social report which contains hearsay.
  • Social study report containing information relevant and material to Welf. & Inst. Code §300 jurisdictional hearing is admissible.
  • Use of hearsay in social studies report in dependency hearings.
  • Admissibility of social study report in dispositional hearings.


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