In Re Kathleen W.

190 Cal.App.3d 68 (1987) 235 Cal. Rptr. 205 In re KATHLEEN W., a Person Coming Under the Juvenile Court Law.

TULARE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Plaintiff and Respondent,

v.

SHIRLEY W., Defendant and Appellant.

Docket No. F006971. Court of Appeals of California, Fifth District.

March 10, 1987. [69] COUNSEL

Linda A. Luke, under appointment by the Court of Appeal, for Defendant and Appellant.

Lita O'Neill Blatner, County Counsel, Bob L. Felts, Principal County Counsel, and Teresa M. Saucedo, Deputy County Counsel, for Plaintiff and Respondent.

Nancy Owens-Cierley, under appointment by the Court of Appeal, for Minor.

OPINION

BROWN (G.A.), P.J.

On March 14, 1986, Kathleen W., born October 18, 1978, was adjudged a dependent child of the juvenile court pursuant to Welfare and Institutions Code section 300, subdivisions (a) and (d), and a reunification plan was adopted.

The original petition was filed on February 12, 1985. At that time Kathleen was approximately five years, four months old. The contested jurisdictional hearing was held on January 14-16, 1986, at which time the allegations of the petition as to Kathleen[1] were found true. The dispositional hearing was held on March 14, 1986, after the court denied a motion for a new trial.

An amended petition was filed on March 12, 1985, which omitted an allegation that Kathleen had stated in the past that her father (Chris W.) had molested her. Otherwise the allegations of the amended petition substantially [70] conform to the original petition and in relevant part state: "(2) This person comes within the provisions of Section 300 a&d of the Juvenile Court Law of California, as follows: