Alameda Cnty. Social Servs. Agency v. Travis E.

Full title: In re T.O., a Person Coming Under the Juvenile Court Law. ALAMEDA COUNTY…

Court: COURT OF APPEAL OF THE STATE OF CALIFORNIA FIRST APPELLATE DISTRICT DIVISION FIVE

Date published: Sep 7, 2011

A129262 (Cal. Ct. App. Sep. 7, 2011)

Opinion

A129262 A130865

09-07-2011

In re T.O., a Person Coming Under the Juvenile Court Law. ALAMEDA COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Respondent, v. TRAVIS E., Defendant and Appellant.

Mark B. Simons

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

(Alameda County Super. Ct. No. OJ09013264)

ORDER MODIFY OPINION

AND DENYING REHEARING

[CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on August 15, 2011, be modified as follows:

On page 20, replace the second and third sentences in the first full paragraph with the following, leaving footnote 15 unchanged:

We conditionally reverse the order terminating Travis's parental rights and remand with directions that the juvenile court ensure compliance with the inquiry and notice provisions of the ICWA.

On page 20, under the section entitled "Disposition," the paragraph beginning "The juvenile court's orders" is deleted and the following paragraph is inserted in its place:

The order terminating Travis's parental rights is conditionally reversed and the matter is remanded to the juvenile court with directions to order the Agency to comply with the inquiry and notice provisions of the ICWA, in accordance with the decision of this court. If, after proper notice, no tribe claims that Minor is an Indian child or seeks to intervene, or the responses received indicate that Minor is not an Indian child within the meaning of the ICWA, the order terminating Travis's parental rights shall be immediately reinstated. If any noticed tribe determines that Minor is an Indian child within the meaning of the ICWA and seeks to intervene, the juvenile court shall conduct further proceedings applying the appropriate provisions of the ICWA, the Welfare and Institutions Code, and the California Rules of Court.

This modification changes the judgment.

Appellant's petition for rehearing is denied.

Acting P. J.

Mark B. Simons