CHILDREN AND THE LAW
...Evidentiary Issues
......Court Control of Proceedings
.........Witness Testimony/Reports
5 Cards On This Topic:

Prejudicial error to preclude F from presenting evidence or cross-examining Ws as sanction for invoking privilege against self-incrimination where it was unknown how preparer of SSA reports would have testified.

Trial court erred in dismissing W&IC 300 petition without considering Ws' statements as to mother's abuse where there was corroborating evidence in record; standard analogous to corroboration reqs of accomplice testimony.

Juv. court's sanctioning F for asserting his 5th Amend. right not to self-incriminate, by striking testimony of witnesses, was harmless error where testimony would have bolstered court's jurisdictional finding.

Trial ct. properly considered psychologist's report when it denied reunification services to mentally disabled F; proof of her qualifications unnecessary in absence of objection by F.

Juvenile court erred in refusing to hear live witness testimony at hearing on mother's W&IC 388 petition, where declaration testimony in conflict and declarants' credibility at issue.