This decision comes from a case involving a juvenile delinquent, but contains a lot of interesting material about the inadmissibility of hearsay in juvenile court.  Since this decision relies on both CA and US Supreme Court decisions, it is definitely worth a look if your CPS case was based in any way on hearsay introduced by social welfare workers in the courtroom.

In re Kentron D. (9-12-2002) - a NEW decision...

Just a short excerpt from the case:

The United States Supreme Court has "reaffirmed the principle that the opportunity of the accused to observe an adverse witness, while that witness testifies, is a significant aspect of the right of confrontation that may not be dispensed with lightly." (Arreola, supra, 7 Cal.4th at p. 1158.) As the Arreola court pointed out, in Coy v. Iowa (1988) 487 U.S. 1012, 1019-1020, the high court stated, "'[T]he right to face-to-face confrontation serves much the same purpose as a less explicit component of the Confrontation Clause that we have had more frequent occasion to discuss -- the right to cross-examine the accuser; both "ensur[e] the integrity of the factfinding process." [Citation.] The State can hardly gainsay the profound effect upon a witness of standing in the presence of the person the witness accuses . . . .'" (Arreola, at p. 1158.)The United States Supreme Court has "reaffirmed the principle that the opportunity of the accused to observe an adverse witness, while that witness testifies, is a significant aspect of the right of confrontation that may not be dispensed with lightly." (Arreola, supra, 7 Cal.4th at p. 1158.) As the Arreola court pointed out, in Coy v. Iowa (1988) 487 U.S. 1012, 1019-1020, the high court stated, "'[T]he right to face-to-face confrontation serves much the same purpose as a less explicit component of the Confrontation Clause that we have had more frequent occasion to discuss -- the right to cross-examine the accuser; both "ensur[e] the integrity of the factfinding process." [Citation.] The State can hardly gainsay the profound effect upon a witness of standing in the presence of the person the witness accuses . . . .'" (Arreola, at p. 1158.)

Linda Martin

Fight CPS And Win
http://www.fightcps.com