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§3.08 Evidence

You must examine the parent, guardian, or anyone else with knowledge relevant to the issue of detention. You must admit any relevant evidence from the parties or their attorneys. [CRC 5.674(c).] If the child was detained, you must consider evidence from the social worker as to why the child was removed from the home and the basis for recommending continued detention. [WIC §319(e); see CRC 5.674(b), 5.676(b).]

You may examine the child [WIC §319(a)], but children rarely testify at detention hearings. Special considerations apply to a child witness. For a discussion of handling child witnesses in court, see Bench Handbook: The Child Victim Witness (Cal CJER). [See also Part 2, §4.08.]


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© 2006 by Judicial Council of California
updated as of January 1, 2012