In re Natalie R. CA1/5

Filed 3/25/22 In re Natalie R. CA1/5 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

In re Natalie R., a Person Coming Under the Juvenile Court Law.

SAN FRANCISCO HUMAN SERVICES AGENCY, A162562 Plaintiff and Respondent, v. (City & County of San Francisco AUDRA D., Super. Ct. No. JD19-3214)

Defendant and Appellant.

The San Francisco Human Services Agency (agency) filed a dependency petition on behalf of nine-year-old Natalie R. after receiving reports that she had been sexually abused by her stepfather. Natalie was detained and placed with her father. Following mediation and a contested dismissal hearing, the juvenile court dismissed the case and granted father sole physical and legal custody of Natalie. Mother was granted supervised visitation and access to Natalie’s education and health records. On appeal, Audra D. (mother) challenges the award of sole legal custody to father.

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FACTUAL AND PROCEDURAL BACKGROUND In August 2019, the agency received two referrals alleging that Natalie, who was nine years old, had been sexually abused by her stepfather. Natalie told her godmother about the abuse, and her godmother took her to the police station and recorded her statement detailing the abuse. The agency recorded a forensic interview with Natalie in which she stated, without prompting, that stepfather touched her breasts and her buttocks multiple times. Further, stepfather told her that this was a secret. During the agency’s investigation, Natalie reported that, two months earlier, she told her mother of the inappropriate touching and mother denied it occurred, did not alert authorities or leave the family home, and continued to allow the stepfather to be around Natalie. Mother reported that Natalie had a history of making up lies and said she was not sure what to believe. Natalie also reported that stepfather hit mother in the past. Natalie stated she would feel safe with mother if stepfather no longer lived in the home or if mother “ ‘install[ed] security cameras and Tasers’ . . . .” The agency filed a dependency petition alleging Natalie came within the provisions of Welfare and Institutions Code section 300, subdivisions (b)(1), (d) and (j).1 The subdivision (b) allegations were based on both the