Opinion
Page 363g
168 Cal.App.4th 363g __ Cal.Rptr.3d__ In re A.A. et al., Persons Coming Under the Juvenile Court Law. TULARE COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. V.P. et al., Defendants and Appellants. F055097 California Court of Appeal, Fifth District November 21, 2008Super. Ct. Nos. JJV059910A & JJV055910B
THE COURT:
It is ordered that the opinion filed herein on October 28, 2008, (167 Cal.App.4th 1292; __Cal.Rptr.3d__ ) be modified as follows and that the petition for rehearing is DENIED:
On page 30, at the end of the first paragraph [167 Cal.App. 4th 1319, advance report, 2d full par., last line], concluding with the citation to "(§§ 309, subd. (d)(1) & 361.3, subd. (a)(8).)," add the following new paragraph:
Here, there apparently was an issue over sufficient space in the former relative caregivers' home. To the extent appellant mother contends the former relative caregivers' home did not have to meet these standards, we disagree. The law exempting homes of extended family members of an Indian child from licensing requirements under the Community Care Facilities Act (Health & Saf. Code, § 1505, subd. (o)(l)) does not support appellants' contention. In even non-ICWA dependencies, homes of relative caregivers are exempt from such licensing requirements. (Health & Saf. Code, § 1505, subd. (0(1).) Nevertheless, all of these homes must meet standards to assure a court of the appropriateness of the placement. (See § 361.4 [which refers to ICWA placements as well as non-ICWA placements].)
The petition for rehearing is denied. Except for the modification set forth, the opinion previously filed remains unchanged. The modification does not alter the judgment.