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DAVID B. v. SUPERIOR COURT

No. G036456.

44 Cal.Rptr.3d 799 (2006)

140 Cal.App.4th 772

DAVID B., Petitioner, v. The SUPERIOR COURT of Orange County, Respondent; Orange County Social Services Agency et al., Real Parties in Interest.

Court of Appeals of California, Fourth District, Division Three.

June 20, 2006.

Attorney(s) appearing for the Case

Donna P. Chirco for Petitioner.

No appearance for Respondent.

Benjamin P. de Mayo, County Counsel, Dana J. Stits and Jeannie Su, Deputy County Counsel for Real Parties in Interest.

Linda M. O'Neil for the Minor.

OPINION

MOORE, J.

Does the parent of a dependent child have a due process right to a contested review hearing, unfettered by the prerequisite of a juvenile court's demand for an offer of proof? For reasons more fully discussed below, the answer we believe is yes. Cross-examination is not just the "Hail Mary pass" of a desperate attorney; it is a recognized method of challenging adverse witnesses, one protected by fundamental notions of due process of law...

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