In re Yasiel R.

Summary

Justice Espinosa concurs in the majority's conclusions that the intermediate appellate court applied the constitutional-error standard too narrowly and that the parent was not denied due process when the trial court accepted a decision on documentary evidence without personally canvassing her. She dissents from the majority's use of supervisory authority to reverse and to announce a rule requiring a personal canvass before accepting such a waiver, reasoning that existing protections were adequate and that no exceptional circumstances justified the remedy. She also argues that supervisory authority should be exercised rarely to preserve predictability and avoid delaying the children's permanent placement.