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§4.06 Evidence

You may receive testimony and other admissible evidence relevant to whether the child is a person described by WIC §300. [WIC §355(a).]

In determining jurisdiction, you should consider all available information relevant to the child’s current and future welfare, and you have the duty to consider all such evidence in order to provide maximum safety and protection to the child. [In re Hadley B. (2007) 148 CA4th 1041, 1048.]

You may consider a parent’s misconduct with an unrelated child in determining if there is a substantial risk that the parent’s child would suffer serious physical harm or illness as a result of the failure or inability of parent to adequately supervise or protect the child, as past conduct is probative of current conditions. [In re Y.G. (2009) 175 CA4th 109, 116.]

If a timely objection is made to hearsay evidence at a jurisdiction hearing and no hearsay exception applies, the evidence must be corroborated. For example, hospital records documenting a parent’s past drug use may fall within the hearsay exception for a social study prepared by the petitioning agency when a parent denies current drug abuse and thus tenders past drug use as an issue. [In re R.R. (2010) 187 CA4th 1264, 1279–1280.]

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