In re Crystal J

In In re Crystal J. (1993) 12 Cal.App.4th 407, the mother sought to avoid waiver of her challenge to the sufficiency of the assessment reports on appeal by claiming that deficiencies in the reports constituted a violation of procedural due process. Noting that "parenting is a fundamental right the impairment of which requires strict adherence to procedural due process," ( In re Crystal J., supra, 12 Cal.App.4th at p. 412) the court declared, "where an investigative report is required prior to the making of a dependency decision, and it is completely omitted, due process may be implicated." ( Id. at p. 413.) The court continued: "Where, however, the assessment report is prepared, is available to the parties in advance of the noticed hearing, and does address the principal questions at issue in the particular proceeding, errors or omissions in the report cannot be characterized in terms of denial of due process. Deficiencies in an assessment report surely go to the weight of the evidence, and if sufficiently egregious may impair the basis of a court's decision to terminate parental rights. Such deficiencies, however, will ordinarily not amount to a deprivation of procedural due process." ( In re Crystal J., supra, 12 Cal.App.4th at p. 413.)