In re B.A.

Filed 8/9/06

CERTIFIED FOR PARTIAL PUBLICATION*

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FIVE

APPEAL from a judgment of the Superior Court of Los Angeles County, Margaret S. Henry, Judge and Lori Schroeder, Juvenile Court Referee. Affirmed as modified.

John L. Dodd & Associates and Lisa A. DiGrazia, under appointment by the Court of Appeal, for Defendant and Appellant.

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel and Jerry M. Curtis, Deputy County Counsel, for Plaintiff and Respondent.

After a juvenile court referee declared two children dependents of the court, a juvenile court judge denied their father's applications for rehearing by signing and dating a denial order on the face of each application on the 20th day after the applications were filed. As to one child, no minute order was prepared by the clerk to document the denial of the rehearing application; as to the second child, a minute order was prepared but was dated more than 20 days after the rehearing application was filed. In the published portion of this opinion, we hold that the juvenile court judge's handwritten orders denying the applications for rehearing within 20 days of filing satisfied the timeliness requirements of Welfare and Institutions Code[1] section 252. We further hold the clerk's failure to prepare a minute order as to one child and the preparation of a minute order beyond the 20-day period as to the second child did not result in rehearing being granted as a matter of law.[2]

B.A. and Sandra A. (the children) were declared dependents of the court[3] under section 300 by a referee of the juvenile court not sitting as a temporary judge. Mohamed A. (father) applied for rehearing pursuant to section 252. Under section 252, an application for rehearing is deemed granted by operation of law if a superior court judge does not grant or deny the application, or find good cause to extend the time period, within 20 days after the application is filed. Section 252 further provides that the judge's decision shall be made in a written minute order with copies provided to the child or the child's parents and the attorney of record. Juvenile Court Judge Margaret S. Henry denied the applications by signing and dating her denial order on the face of each application on the 20th day. However, in B.A.'s case, no minute order was entered reflecting Judge Henry's decision. In Sandra's case, a minute order was not entered until the 23rd day. In this timely appeal, father argues he was entitled to rehearing as a matter of law because Judge Henry failed to rule on the applications within 20 days of filing and the clerk failed to enter minute orders as required by law. We affirm the judgment with modifications.

RELEVANT PROCEDURAL HISTORY

On September 12, 2005,[4] the children were declared dependents of the court by a juvenile court referee based on sustained allegations under section 300, subdivisions (b), (c), and (j)--risk of physical abuse due to failure to supervise adequately, serious emotional damage, and sibling abuse. The dependency court took custody of the children from father and ordered reunification services.

On September 13, copies of the minute orders in each case containing the referee's findings and orders of September 12, along with a written advisement of rights, were mailed to father's counsel. The minute order and advisement of rights in Sandra's case were mailed to father.

Father filed applications for rehearing pursuant to section 252 on September 21. The 20-day period to rule under section 252 expired on October 11. (§ 252.)

On October 11, Judge Henry denied the applications for rehearing, by checking the â€