ONCALL
...Children and the Law
......The Child Witness
4 Cards On This Topic:
  • Children were competent to testify under EC §701; hearing to demonstrate children's personal knowledge under EC §702 was not required.
  • Juvenile ct. properly excused Cs from testifying under Jennifer J. regardless of their unavailability under EC §240; father's due process rights not violated as Cs' testimony would not materially affect outcome.
  • Sixth Amendment right to face-to-face confrontation is not absolute, and alternative procedures may be used where (1) necessary to further an important or compelling state interest, and (2) the reliability of the testimony is otherwise assured.
  • Juvenile court’s decision to accept evidence of 3-yr.-old's statement of sexual abuse by F—in caseworker’s report and video of C—was supported by substantial evidence and the proper basis for dependency jurisdiction.