San Diego County Department v. Joseph S.

— The father appeals from an order of the juvenile court making his two daughters dependents of the court under Welfare and Institutions Code 1 section 300, subdivisions (a) and (d), contending error in allowing the minors to testify outside the physical presence *417 of their parents. We find the procedure was proper where the children testified they would be afraid to and unable to fully testify in front of their parents, and the father’s right of confrontation was adequately protected by his counsel’s cross-examination.

Appellant requested to be present during cross-examination of the minors. In chambers, outside of the parents’ presence, but in the presence of all counsel, the minors testified, both under direct and cross-examination, that they would be afraid to testify in front of their parents. They detailed their fears of parental interference during their testimony (i.e., the mother would call them a liar; the father would have an angry look in his eyes), and physical retaliation after the testimony (i.e., based on past beatings and threats to slash their throats if they disobeyed). One minor stated she would be unable to fully testify if her parents were in…