In re Dependency of A.E.P.

(dissenting) — I dissent in this case, not so much because of my disagreement with the majority regarding the principles to be applied in this case,1 but because the majority largely ignores the standard of review for trial court decisions on child competency and the admissibility of child hearsay. The majority abandons the abuse of discretion standard and undertakes a de novo weighing of the evidence on review. I do not believe this is an appropriate role for an appellate court.

A. Competency of the Child

The majority correctly applies the five-factor test for child competency set forth in…