In Re Marianne R.

California Court of Appeal Dec 17, 1980 No. 57883Published

Before: Kingsley

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Holding. The court held that evidence of a parent's prior sexual abuse of another minor is admissible in juvenile dependency proceedings under Welfare and Institutions Code section 355.5, and that the "complaint doctrine" exception to the hearsay rule applies in civil cases.

Issues

Whether evidence of a parent's prior sexual conduct with another minor is admissible in a juvenile dependency proceeding.
Whether the "complaint doctrine" exception to the hearsay rule applies to civil juvenile dependency proceedings.
Whether the trial court abused its discretion under Evidence Code section 352 in admitting evidence of prior sexual conduct.

Disposition. affirmed

Quotations verified verbatim against the opinion

“Proof that either parent, the guardian, or other person who has the care or custody of a minor who is the subject of a petition filed under Section 300, has physically abused, neglected or cruelly treated another minor shall be admissible”

“there is no convincing reason to limit the "complaint doctrine" exception to the hearsay rule to criminal cases only”

113 Cal.App.3d 423 (1980) 169 Cal. Rptr. 848 In re MARIANNE R., a Person Coming Under the Juvenile Court Law.

STANLEY R., Plaintiff and Appellant,

LOS ANGELES COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Defendant and Respondent.

Docket No. 57883. Court of Appeals of California, Second District, Division Four.

December 17, 1980. [425] COUNSEL

Shan K. Thever, under appointment by the Court of Appeal, for Plaintiff and Appellant.

John H. Larson, County Counsel, and Ronald J. Selgrath, Deputy County Counsel, for Defendant and Respondent.

OPINION

KINGSLEY, J.

On January 25, 1979, a petition was filed in juvenile court alleging that the previous disposition of the court regarding the minor child, Marianne, had not been effective. Previously, Marianne had been placed in a foster home and allowed visits at the home of her father, appellant Stanley R.

On January 26, 1979, the matter was continued and the court ordered that the minor be detained in DPSS shelter care with appellant being allowed to visit in the presence of a responsible adult.

On March 6 the court sustained the petition, the minor was ordered to remain in the foster home, and the matter was continued two more times.

On June 21, 1979, the court ordered that the minor was to remain a dependent child of the juvenile court. The previous order of placement in the foster home was ordered to remain in full force and effect, the court found the sexual allegations to be true.

Notice of appeal was filed.

[426]

In Re Marianne R.

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OPINION

KINGSLEY, J.

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NOTES

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