San Diego County Department v. Vincent B.

Vincent B., the father of Clara B., appeals a judgment under Welfare and Institutions Code 2 section 300, subdivisions (b) and (d), declaring Clara a dependent of the San Diego County Juvenile Court. With respect to a finding that he sexually abused Clara, Vincent raises insufficiency of the evidence arguments, including the arguments it was error to admit hearsay statements made by Clara because the court found Clara incompetent to testify at trial and the opinion testimony of Clara’s therapist that Vincent was the perpetrator. Vincent also contends the trial court erred in removing custody of Clara from him and restricting his visitation of her.

*993 Facts

Vincent met Linda L. in 1987, and they were married shortly thereafter. Their daughter, Clara, was bom on October 25, 1988. Vincent and Linda lived together until Clara was nine months old. In September 1990, Vincent and Linda agreed by stipulated order they would share joint legal custody, Clara’s primary residence would be with Linda and Vincent would have visitation with Clara on alternate weekends and holidays as well as Tuesdays and Thursdays.

On October 24, 1992, Vincent picked Clara up from Linda’s house at…