In Re Dirk S.
Los Angeles County Department of Children's Services v. Dirk S.
Opinion
Opinion
Taylor, J.
Appellant Dirk S. appeals from the dispositional order, declaring his son, Dirk S., to be a dependent child of the court. (Welf. & Inst. Code, § 300.) Appellant asserts that the court prejudicially erred when it admitted into evidence the hearsay declarations of a witness who was subsequently found incompetent to testify at the hearing; and the court impermissibly delegated power to determine visitation to the Department of Children’s Services (DCS). For the reasons set forth below, we affirm.
Factual and Procedural Summary
On January 10, 1991, the DCS filed a first amended petition on behalf of Ashley G., 4 years old, and Dirk S., 18 months old. The petition alleged that appellant, who lived with the children’s mother and is the father of Dirk S., had sexually abused Ashley by inappropriately touching her and had physically abused her by inflicting a cigarette burn on her body.
The jurisdictional hearing (§ 300) was commenced on July 10, 1991. When Ashley, then 5 years old, was called to testify, it was agreed that she would do so in chambers, although the court noted that the chambers would be crowded. The court asked Ashley several questions, to which she had…