Los Angeles County Department of Public Social Services v. Francisca P.

Opinion

ASHBY, J. The juvenile court found the minor, eight-year-old Tanya P., to be a dependent child of the court under Welfare and Institutions Code section 300, subdivisions (a) and (d). The court found true the allegation that on or about June 17, 1979, and on numerous prior occasions, Tanya’s stepfather, appellant Raymond P., sexually molested her by oral copulation. Tanya was removed from the custody of her stepfather and mother, appellant Francisca P., for suitable placement.

We deem it unnecessary to state the facts in detail. In summary, Tanya testified that on many occasions over the past year her stepfather had invited her into his room and placed his penis in her mouth.

Appellants contend (1) that the trial court erred in hearing Tanya’s testimony outside the presence of the stepfather; (2) that the court erro[69]neously admitted hearsay testimony by a police officer; (3) that the court erroneously admitted reports from a psychiatrist and psychologist appointed by the court; and (4) that the evidence is insufficient to sustain the judgment. None of these contentions is meritorious.

Tanya’s Testimony

At the request of the attorney for plaintiff (Los Angeles County Department of Public Social Services) the stepfather was excluded during the testimony of Tanya. The testimony was given in chambers in the presence of all the attorneys and Tanya’s mother, and was reported by the court reporter. Tanya was extensively cross-examined by the attorney for appellants.

Appellants contend the trial court erred in excluding the stepfather during this testimony. Appellants did not object to this procedure in the trial court, and therefore may not raise this argument for the first time on appeal. (Sturm v. Sturm (1955) 138 Cal.App.2d 25, 32 [291 P.2d 527]; Smith v. Smith (1955) 137 Cal.App.2d 512, 515 [290 P.2d 609].)

In the absence of objection there is no discussion in the record as to the necessity for this procedure, but it was obviously for the purpose of relieving the eight-year-old victim of the fear and intimidation she might otherwise feel testifying in the presence of her stepfather. In fact, Tanya testified that two weeks prior to trial her stepfather had said to her, “Don’t tell the truth.” Such procedure is expressly authorized in child dependency proceedings by In re Stanley F. (1978) 86 Cal.App.3d 568, 574-575 [152 Cal.Rptr. 5]. (See also In Interest of Brooks (1978) 63 Ill.App.3d 328 [379 N.E.2d 872, 881-882, 20 Ill.Dec. 39]; State ex rel. Child v. Clouse (1970) 93 Idaho 893 [477 P.2d 834, 840]; Spence v. Levi (1974) 133 Ga.App. 581 [211 S.E.2d 622, 624].)