In Re Ryan M.

SCOLNIK, Justice.

Ryan M.’s mother and step-father appeal from a Superior Court (Cumberland County) judgment affirming the District Court’s (Portland) order granting the Department of Human Services’ (DHS) petition for a final protection order pursuant to 22 M.R. S.A. § 4035 (Supp.1985-1986). They contend that the District Court judge erred 1) by receiving in evidence Ryan M.’s out-of-court statements without first expressly determining whether Ryan M. was competent to be a witness, and 2) by considering their refusal to cooperate with the DHS in its investigation of the cause of physical…