In re Daniel O. CA2/4

INTRODUCTION

Father, Daniel O. (Daniel), appeals from a dependency court order sustaining dependency jurisdiction over his three minor children: (1) Heaven O., age 14, whose mother is Wendy Y.; (2) Mariah, age four, whose mother is Ashley G.; and (3) Daniel O., III (Danny), six months of age, whose mother is Tina L. Jurisdiction was sought over these children largely based on allegations that Daniel physically and sexually assaulted Aileen C., the four-year-old daughter of one of his female companions, Virginia M. Daniel asserts that the dependency court erred in admitting the out-of-court statements of Aileen C. regarding the abuse, when Aileen was found not competent to testify at trial and thus could not be cross- examined. He further asserts that substantial evidence did not support the findings that he assaulted Aileen, or that his three children were at serious risk of physical or sexual abuse. We affirm the order sustaining jurisdiction.

FACTUAL AND PROCEDURAL BACKGROUND

I. Initial Police Report and Hospital Records Regarding Aileen

On Sunday, October 9, 2011, Aileen was taken to the hospital, where staff called law enforcement. At the hospital, Deputy Sheriff Guadalupe…