Can a Child Testify in Juvenile Dependency Court?

Child testimony in juvenile dependency cases can be challenging for the children and parents. Kids often understand that their testimony can negatively impact their parents and their future family life, which makes it an emotionally stressful experience. In the California dependency court process, children are often allowed to testify in court, although there may be specific ages and circumstances where testimony isn’t allowed.

In a dependency case in California, attorneys are appointed for each person involved in the case. This means that parents and children will have someone who represents their interests. Through their attorney, the child can indicate that they would like to testify in the case.

Under Rule 5.250, a child can indicate that they’d like to testify in court if they are 14 years old or older. However, the judge is also allowed to stop the child from testifying. Generally, this is done if the judge determines that testifying is not going to be in the child’s best interest in the case.

Rule 5.250(d)(3) includes specific guidelines for when child testimony in court in California is allowed or not. It is up to the judge to consider the following factors and then make a determination about the child’s ability to testify.

• The child’s age
• The child’s ability to understand the situation
• Whether the child’s reasoning and age are enough for them to express preference about custody and visitation
• The emotional risk to the child to testify or to be denied the chance to testify
• Whether the child’s testimony will end up affecting the court’s decision
• The child’s desire to testify
• Any other factors

If the child testimony in family court is allowed, the court must protect the child from any embarrassment or harassment. For example, the court may limit the types of questions or the repetitiveness of questions asked during child testimony in juvenile dependency cases.

Additionally, the court must make sure that questions are asked in a way that matches the child’s age and thinking abilities. Any child who testifies for the court must be allowed to state their preference for custody and visitation, although they aren’t required to state their preference. Afterward, the court must let the child know how the decision-making process will proceed.

When it comes to child testimony in juvenile dependency cases, California used to require children to be at least 14 years old. Now, Family Code 3042 has been changed to allow children of any age to testify.

Children over the age of 14 must be allowed to testify unless the judge has a specific reason to keep them from testifying. If the child is under the age of 14, the court should let them testify as long as the court decides that it is in the best interest.

One important point to note is in regards to custody and visitation. Under Family Code 3042(f) (1), the child is not allowed to testify about visitation or custody in the presence of the parties. This is done so that the child can voice their genuine feelings and preferences without worrying about how their feelings will affect the parties present.

Because juvenile dependency courts are designed to protect the interests of the child, the child will be appointed a lawyer to protect their rights and interests. As the parent, you are also allowed to have a lawyer present. By reaching out for professional legal help, you can gain a deeper understanding of the legal process and get help gathering evidence. Your attorney can also review your testimony and help you understand your odds.

To learn more about child testimony and juvenile dependency court, give our team a call today.