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Name: In re Joy M.
Case #: G029812
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 06/06/2002
Subsequent History: None

Joy’s father, Joe B., had a long history of schizophrenia and, after his marriage to Joy’s stepmother, Cynthia, ended, he failed to take medication and his condition deteriorated. The incident leading to dependency occurred when appellant fought with Cynthia who had come to take Joy for a visit. Police were called, appellant was arrested and Joy was placed with Cynthia. At the jurisdictional hearing, the appellant submitted on the social worker’s report, which contained allegations of unresolved mental illness, inability to care for Joy, domestic violence and incarceration. Reports from a psychologist and a psychiatrist were received into evidence without objection and the juvenile court denied reunification services under Welfare and Institutions Code section 361.5. Appellant argued the evidence was insufficient to establish that the psychologist was qualified to offer an opinion. The Court of Appeal disagreed with appellant’s argument that the expert’s qualification is an affirmative element of proof and held that where there is no evidence that the examining psychologist was unqualified, failure to object waives the issue on appeal. The jurisdiction and disposition orders were affirmed.