Fresno County Department of Social Services v. Irene H.

Opinion

BALLANTYNE, J. Introduction

A Fresno County juvenile referee found three children dependents under Welfare and Institutions Code section 300. The complaint was premised [401]upon allegations of sexual abuse of the two daughters by the father and physical abuse of all three children by the mother. Ms. Irene H., the mother, raises two errors on appeal.

First, the referee denied Ms. H.’s motion for continuance through her court-appointed attorney with the public defender’s office. Counsel represented that Ms. H. had just received a notice of the hearing the day before and could not reach Fresno from Los Angeles.

Second, the referee made his findings based solely on child welfare worker reports consisting of double hearsay statements allegedly made by the children.

Ms. H. has been living in Los Angeles County throughout the hearings and the appeal. Two months after she perfected the appeal, the referee transferred the case to Los Angeles County. This court requested further briefing on the issues of whether we still retain jurisdiction and venue after the referee’s transfer order.

Facts and Proceedings Below

On August 22, 1985, the People filed dependency petitions against the parents of three children for violations of Welfare and Institutions Code section 300, subdivision (a) and (b). At the time the petitions were filed, the parents’ whereabouts were unknown.

After a detention hearing on August 26, 1985, the children were placed in charge of the department of social services. They were left under the supervision of their parental aunt where they remain today.

Two pretrial conference hearings were held. Ms. H. attended the first conference on September 3, 1985, and was appointed counsel from the public defender’s office. She missed the second conference on September 10, which set the adjudicatory disposition hearing for October 1. Ms. H. and her counsel were given only four days written notice of the disposition hearing on October 1. The deputy public defender, however, was personally present and was notified on September 10 of the disposition hearing date of October 1.

Ms. H. missed the October 1 hearing. At the request of the district attorney’s office, the case was continued to October 15. Ms. H. was sent notice by certified mail, return receipt requested, on October 4, 1985, 11 days before the disposition hearing.