In Re Eric A.

After Eric testified his father, Edward, had been sexually molesting him, the juvenile court declared Eric a dependent child and stripped Edward of custody. Edward appeals from that order and contends the court erred by concluding his son, who is afflicted with Down’s syndrome, was competent to testify. Specifically, he complains insufficient evidence was adduced to demonstrate Eric understands the difference between truth and prevarication. Edward also insists the court abused its discretion by not appointing an expert to help it determine the boy’s competence to testify, and by admitting Eric’s hearsay statements into evidence.

Eric counters with a motion to dismiss the appeal, arguing that the matter is moot because, at a six-month review hearing, Edward stipulated the juvenile court’s initial assumption of jurisdiction was justified. We agree with Eric and consequently dismiss the appeal.

A child of divorced parents, Eric lived with his mother and stayed with his father on Wednesday nights and during occasional weekends. A few months before his ninth birthday, Eric told his mother and other family members his father had been “kiss[ing] and play[ing] with [his]…