MATTER OF DEPENDENCY OF A.E.P.

No. 65205-8.

956 P.2d 297 (1998)

135 Wash.2d 208

In the Matter of the DEPENDENCY OF A.E.P. and W.M.P., Minor Children. Michael Petcu, Petitioner, and The Department of Social and Health Services, Respondent.

Supreme Court of Washington, En Banc.

Decided May 21, 1998.


Attorney(s) appearing for the Case

Gene M. Grantham, Seattle, Amicus Curiae for Washington Association of Criminal Defense Lawyers.

Norm Maleng, King County Prosecutor, James M. Whisman, Deputy King County Prosecutor, Seattle, Amicus Curiae For Washington Association of Prosecuting Attorneys.

Preble Law Firm, Gary A. Preble, Olympia, for Petitioner.

Christine O. Gregoire, Attorney General, and Edward J. Dee, Assistant Attorney General, Olympia, for Respondent.


DOLLIVER, Justice.

In the course of a dependency hearing concerning the welfare of five-and three-year-old sisters, Judge Toni A. Sheldon allowed A.E.P., the five year old, to testify concerning allegations of sexual abuse by her father, Michael Petcu. The judge also admitted into evidence numerous hearsay statements made by A.E.P. to seven different individuals. Michael Petcu (Petitioner) claims A.E.P. was incompetent to testify, and he claims her hearsay statements...

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