## Facts

- Lucero L. was born in 1994.
- The county agency received allegations that Lucero’s father had sexually abused Lucero and had previously molested Lucero’s half-sisters, including a rape allegation involving Maribel.
- The county filed a dependency petition under Welfare and Institutions Code § 300 and prepared a social study containing Lucero’s out-of-court statements describing sexual abuse.
- At the jurisdictional hearing, the juvenile court found Lucero incompetent to testify because she could not understand the obligation to tell the truth or distinguish truth from falsehood.
- The juvenile court admitted the social study and relied on Lucero’s hearsay statements under Welfare and Institutions Code § 355 to sustain the petition and take jurisdiction.
- The parents appealed, arguing the hearsay was inadmissible and insufficient; the Court of Appeal affirmed.
- The Supreme Court of California granted review to clarify how amended § 355 relates to the child-dependency hearsay reliability limits previously recognized in In re Cindy L.

## Issues

1. Whether a child’s hearsay statements contained in a dependency social study are admissible under Welfare and Institutions Code § 355 when the child is incompetent to testify.
2. Whether such hearsay may serve as the sole basis for a § 300 jurisdictional finding, and if so, under what reliability constraints.

## Decision

- The court held that a child’s hearsay statements in a social study are admissible under Welfare and Institutions Code § 355 even if the child is incompetent to testify.
- The court held that such hearsay may not be used as the sole basis for a jurisdictional finding unless the juvenile court finds the statements have special indicia of reliability.
- Applying that standard, the court concluded Lucero’s statements had sufficient indicia of reliability and affirmed the jurisdictional order.

## Legal Principles

- Welfare and Institutions Code § 355 permits admission of a dependency social study that includes a child’s hearsay statements at a § 300 jurisdictional hearing, even when the child is incompetent to testify.
- Due process limits exclusive reliance on child hearsay that cannot be tested by cross-examination; when the hearsay is the only evidence supporting jurisdiction, the court must find special indicia of reliability.
- Reliability may be supported by factors such as consistency across statements, detail, spontaneity and noncoercive context, absence of an apparent motive to fabricate, and corroboration from surrounding circumstances or prior similar allegations.

## Conclusion

The court upheld dependency jurisdiction based on a child’s hearsay statements in a social study, holding they are admissible under § 355 despite the child’s incompetency, but they can be the sole evidentiary basis for jurisdiction only when the juvenile court finds special indicia of reliability.


In re Lucero L., 22 Cal. 4th 1227, 96 Cal. Rptr. 2d 56 (Cal. 2000)