San Diego County Department of Social Services v. David C.

David C., father of the minor Mark C. (Father), appeals the order of the juvenile court declaring four-year-old Mark to be a dependent child of the juvenile court and placing him with his mother, Teresa H., Father’s former wife. (Welf. & Inst. Code, § 300, subds. (d) and (j).) 2 In making a true finding upon the dependency petition, the court sustained allegations under section 300, subdivision (d), that Mark had been sexually abused by Father, and also under section 300, subdivision (j), that Father had sexually abused Mark’s nine-year-old half sister, Jennifer. 3 Father’s main argument on appeal is that certain expert psychological testimony was improperly excluded by the juvenile court, pursuant to a motion in limine brought by the plaintiff department of social services (the Department). Our discussion of this claim requires us to examine the nature of character evidence that may properly be allowed in dependency proceedings. (Evid. Code, § 1100 et seq.)

In addition to the evidentiary arguments made by Father, he claims he was prejudiced when the juvenile court allowed the dependency petition to be amended during trial to conform to proof regarding the dates and…