What is the test for admitting and considering reliable hearsay evidence at a juvenile probation revocation hearing?

California, United States of America


The following excerpt is from People v. J.R. (In re J.R.), C071466 (Cal. App. 2020):

In juvenile probation revocation hearings, "[t]he court may admit and consider reliable hearsay evidence at the hearing to the same extent that such evidence would be admissible in an adult probation revocation hearing . . . ." ( 777, subd. (c); People v. Brown (1989) 215 Cal.App.3d 452, 454-455.) "As long as hearsay testimony bears a substantial degree of trust-worthiness it may legitimately be used at a probation revocation proceeding. [Citations.] In general, the court will find hearsay evidence trustworthy when there are sufficient 'indicia of reliability.' [Citation.] Such a determination rests within the discretion of the trial court and will not be disturbed on appeal absent an abuse of discretion." (Ibid.)

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