San Francisco Human Servs. Agency v. W.G. (In re Daniela G.)

*1086 W.G. (father) was accused of molesting his 13-year-old stepdaughter (stepdaughter) and grooming his eight-year-old daughter, Daniela G., for sexual abuse. He challenges an order finding dependency jurisdiction over Daniela, awarding sole custody of her to his wife (mother), and dismissing the case. In a claim we reject, he argues that he was denied due process because the juvenile court refused to require Daniela and stepdaughter to testify at the combined jurisdictional and dispositional hearing.

In certain circumstances, a witness may be excused from testifying when found "unavailable" due to a physical or mental illness or infirmity, including when the witness is a victim of a crime and would experience sufficient trauma if forced to testify. ( Evid. Code, § 240, subds. (a)(3), (c).) 1 But because this statute has significant limits on its applicability, case law has recognized a broader basis for excusing a child from testifying in a dependency proceeding. A juvenile court can, consistent with a parent's due process rights, refuse to compel the testimony of a child who is otherwise available when "the possible benefit derivable from [the] testimony would not warrant the…