In re Dependency of A.E.P.

In the course of a dependency hearing concerning the welfare of five- and three-year-old sisters, Judge Toni A. Sheldon allowed A.E.R, 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 were inadmissible under RCW 9A.44.120.

Our summary of the facts has been derived from the trial court’s findings of fact and from the testimony of…