In Re Kailee B.

Ronald B. appeals from an order of the juvenile court declaring his minor children Kailee and Nicolas, aged two and one-half and one and one-half, respectively, to be dependents of the court under Welfare and Institutions Code section 300. He contends: "I. The court erred by refusing to strike the minor's hearsay statements contained within the written social study report where the court later determined the minor was incompetent to testify at trial due to an inability to distinguish truth from falsehood. II. There was insufficient evidence to sustain the petition as to the minors."

At the jurisdictional hearing respondent Los Angeles County Department of Children's Services submitted the case on the social study report. The report disclosed that the minors reside with their mother, who separated from appellant in March 1991. Following their parents' separation, the minors visited appellant on Wednesdays and alternate weekends. After the visits with appellant, Kailee's behavior began to change. She was withdrawn, sucked her thumb, threw tantrums and was resistant to supervision.

Kailee told her mother she slept and bathed with appellant. On occasion, when…