In re Erin R.

Full title: In re ERIN R., a Person Coming Under the Juvenile Court Law. SONOMA COUNTY…

Court: California Court of Appeals, First District, First Division

Date published: Jun 20, 2008

No. A118993 (Cal. Ct. App. Jun. 20, 2008)

Opinion

In re ERIN R., a Person Coming Under the Juvenile Court Law. SONOMA COUNTY HUMAN SERVICES DEPARTMENT, Petitioner and Respondent, v. RICHARD R., Objector and Appellant. A118993 California Court of Appeal, First District, First Division June 20, 2008

NOT TO BE PUBLISHED

Sonoma County Super. Ct. No. 1707-DEP

ORDER MODIFYING OPINION AND DENYING REHEARING

Margulies, Acting P.J.

THE COURT:

It is ordered that the opinion filed herein on June 4, 2008, be modified as follows:

1. On page 15 of the opinion, at the end of the first full paragraph, insert as footnote 11, the following footnote, which will require renumbering of all subsequent

¹¹ In In re Lesly G. (2008) 162 Cal.App.4th 904, a Second District appellate panel ruled that the juvenile court erred when, after checking paragraph 13.a. on form JV-180, it declined to give the minor’s mother a hearing on her modification petition. In our view, In re Lesly G. is distinguishable because there was no question in that case that the mother had in fact met her prima facie burden under section 388 and that the court denied her a hearing even though it had correctly so found.

2. On page 17, footnote 12, in the citation to In re Lesly G. (2008) 162 Cal.App.4th 904, delete “(2008)” and insert “, supra,.”

Appellant’s petition for rehearing is denied.

There is no change in the judgment.