Stanley R. v. Los Angeles County Department of Public Social Services

California Court of Appeal Dec 17, 1980 No. Civ. 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 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 dependency modification proceeding.
Whether the "complaint doctrine" exception to the hearsay rule applies in civil 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”

“Thus, there is no convincing reason to limit the “complaint doctrine” exception to the hearsay rule to criminal cases only, and testimony concerning Marianne’s complaint was properly admitted in the civil action.”

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]Facts

On May 30, 1978, Marianne was declared a dependent child of juvenile court, and the minor has been residing in a foster home. The minor went to visit her father and when she returned to the foster home, she complained that her “front bottom” (referring to her vaginal area) was sore. The foster mother took the child to the hospital and the police were called. The minor at first told the police that the little girl next door caused her soreness. Upon further questioning by the officer, the minor said that appellant had taken her zipper down and put his right index finger into her “front bottom.”

The father denied the above. He claimed that his daughter told him she had a pain in her “front bottom” and he had unzipped her pants and looked to see if she had any visible injuries or bleeding.

Appellant alleges that the trial court erred in admitting evidence concerning appellant’s prior sexual relationship with his stepdaughter Jana K. The court permitted testimony to the effect that appellant had engaged in similar sexual conduct with his stepdaughter, Jana, since Jana was 12 years old, and that the sexual conduct continued until appellant eventually fathered a child by his stepdaughter, when she was about 16 or 17 years old.

Stanley R. v. Los Angeles County Department of Public Social Services

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