In a shocking decision decided by the court of appeals on November 9, 2011 the court of appeals decided that if social workers take your chld away and accuse you of molesting her you are not entitled to receive copies of her prior psychological records. This is true even if you can show that she has a history of mental illness and of accusing other people falsely of abusing her. The chld dependency court is already horribly stacked against the parents when they fight to get their kids back when they have been taken by the system. Now this decision will make it even more difficult for the truth to be uncovered in the dependency court.
Current state law permits a social workers report to come into evidence at your trial even if that report contains damaging hearsay evidence from witnesses the social worker spoke to. If you want to question those witnesses that are mentioned in the social workers report you bear the burden of subpoenaing them to court. The burden of proof at a child dependency trial is only a “preponderance of the evidence”. This means if a judge feels that 51% of the evidence points to the fact you molested your child then the judge must find that you sexually abused your child. If that happens, no matter how loudly you proclaim your innocence you will not regain custody of your child unless you “admit” you molested your child.
The child dependency system was designed to “protect children”. In many cases the opposite is true and families are torn apart by untruthful allegations. This latest decision by the court of appeals will make it even more difficult for an accused parent to obtain a fair trial.
If you have been falsely accused of molesting your child, you should contact the Southern California sex crimes attorneys at Wallin and Klarich now at 877-466-5245. There is nothing more important than ones children. Go to wklaw.com for more information as to how the child dependency system works. We will be there when you call.