In re Daniela G.

Father was accused of molesting his 13-year-old stepdaughter and grooming his eight-year-old daughter, Daniela, for sexual abuse. He challenged an order finding dependency jurisdiction over Daniela, awarding sole custody to Daniela’s mother, and dismissing the case. He argued that he was denied due process because the juvenile court refused to require Daniela and his stepdaughter to testify at the combined jurisdictional and dispositional hearing. The court of appeal affirmed. A witness may be excused from testifying when found “unavailable” due to a physical or mental illness or infirmity, including when the witness is a victim of a crime and would experience sufficient trauma if forced to testify, Evid. Code 240(a)(3), (c). Case law has recognized an even broader basis for excusing a child from testifying in a dependency proceeding. A juvenile court can, consistent with a parent’s due process rights, refuse to compel the testimony of a child who is otherwise available when “the possible benefit derivable from the testimony would not warrant the psychological injury it would cause." The court explicitly extended that principle to jurisdictional and dispositional hearings and concluded that the juvenile court properly applied it. A clinician who had conducted stepdaughter’s Child and Adolescent Needs and Strengths assessment stated that stepdaughter was “experiencing significant psychological symptoms,” and had a “history of self-harm and suicidal ideation.” View "In re Daniela G." on Justia Law