In re S.I. CA2/4

Filed 10/24/13 In re S.I. CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

In re S.I., a Person Coming Under the B245490 Juvenile Court Law.

LOS ANGELES COUNTY (Los Angeles County DEPARTMENT OF CHILDREN AND Super. Ct. No. CK90801) FAMILY SERVICES,

Plaintiff and Respondent,

v.

Ana H.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Robert Stevenson, Referee. Affirmed. Nicole Williams, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the County Counsel, John F. Krattli, County Counsel, James M. Owens, Assistant County Counsel, and Jeanette Cauble, Senior Deputy County Counsel for Respondent.

The issue in this dependency appeal is whether a juvenile court has the authority to correct an inconsistency between the oral pronouncement of an order and the minute order of the hearing. We conclude that it does, even though the inconsistency was brought to the court’s attention and addressed several months after the original order.

FACTUAL AND PROCEDURAL SUMMARY We have taken judicial notice of the record in a related dependency appeal, involving the same parties in In re S.I., case No. B243682. The record in the present appeal contains only those matters which arose after the appeal was filed in case No. B243682. Our summary is taken from the record in both appeals. The minor in this case is S.I., born in 2003. S.I.’s mother and father were never married, had separated after the child was born, and lived in separate homes when this proceeding was initiated. In 2011, the Department of Children and Family Services (the Department) filed a petition pursuant to Welfare and Institutions Code section 300, subdivisions (b) and (d) alleging the child came within the jurisdiction of the juvenile court because she had been sexually abused by her father. It alleged mother had failed to protect the child. S.I. was detained and placed with her mother pending the initial detention hearing. An examination revealed no physical findings of sexual abuse. Father denied the allegations. Further investigation led the Department to conclude that mother had coached S.I. to make false accusations of sexual abuse against father. A Los Angeles police officer met with the child at her school, out of the presence of mother. She recanted her accusation of molestation and said that her mother forced her to make the allegations. S.I. told a worker for the Department that mother had forced her to falsely accuse father of sexually molesting her. She said she was afraid of her mother and wanted to live with father. In January 2012, the Department filed a first amended petition adding this allegation, with the additional allegation that father had failed to protect the child because he was aware, or should have been aware, of false accusations made by mother against