CHILDREN AND THE LAW
...The Child Witness
......Competency
.........Minor Found Incompetent
8 Cards On This Topic:

Reversible error to admit M’s hearsay stmts in social report where not determined if M understand duty to tell truth or if stmts admissible under child dependency exception.

Mother not deprived of constitut'l right to call C as witness where evidence indicated it would be detrimental to C to discuss permanency, and she did not have capacity to opine about adoption.

Because notice and unavailability requirements not met, mother's testimony about child abuse victim's out of court statements not properly admitted per Evid. Code §1360 hearsay exception.

Minor who does not know difference between truth and lie is incompetent to testify.

Statements of allegedly molested minor re precocious sexual knowledge and statements admitted to show M feared father were inadmissible hearsay.

Insufficient evidence to support removal and substance abuse testing for parents; error to admit incompetent minor’s social study comments.

Minor’s statements re abuse by father not inadmissible on basis of competency where inability to testify was probably result of fear caused by formality of proceedings.

Hearsay statements in social report by child later found incompetent to testify admissible where incompetency not based on inability to distinguish truth and falsehood.