Opinion
D041179.
10-14-2003
In re ALYSSA F., a Person Coming Under the Juvenile Court Law. SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. CHRISTINA R. et al., Defendants and Appellants.
THE COURT:
It is ordered that the opinion filed on September 19, 2003, be modified as follows:
1. On page 12, the text of footnote 6 is deleted and the following is inserted in its place so that footnote 6 now reads:
As is discussed below, if the trial court determines on remand that it had continuing subject matter jurisdiction, and Pedro either fails to set a hearing to begin the process of establishing himself as a biological or presumed father within 30 days after the court determines it has subject matter jurisdiction, or if he fails to establish himself as a biological or presumed father, these findings and orders shall be reinstated.
2. On page 19, the first full paragraph, line 5, the sentence beginning with the words "Because a" and ending on line 8 of the same paragraph with the word and punctuation "paternity." is deleted and the following is inserted in its place so that the sentence now reads:
Because a speedy resolution of these issues is of paramount importance, Pedro must set a hearing to begin the process of establishing paternity within 30 days after the court determines it has subject matter jurisdiction.
3. On page 21, first full paragraph, line 5, the words "from the date this opinion is filed," are deleted and the words "after the court determines it has subject matter jurisdiction," are inserted in their place so that the sentence now reads:
If the court determines it had continuing subject matter jurisdiction and Pedro either fails to set a hearing to begin the process of establishing himself as a biological or presumed father within 30 days after the court determines it has subject matter jurisdiction, or fails to establish himself as a biological or presumed father, the jurisdictional finding, dispositional order and all other orders, including the judgment terminating parental rights, shall be reinstated in full.
4. On page 21, the last paragraph, the last sentence beginning with the words "After determining" and ending on page 22 with the words and punctuation "in this opinion." is deleted and the following is inserted in its place.
If the court determines it had continuing subject matter jurisdiction and Pedro either fails to set a hearing to begin the process of establishing himself as a biological or presumed father within 30 days after the court determines it has subject matter jurisdiction, or fails to establish himself as a biological or presumed father, the jurisdictional finding, dispositional order and all other orders, including the judgment terminating parental rights, shall be reinstated in full. If Pedro establishes himself as a presumed or biological father, the court must hold a new hearing to determine whether Alyssa is a person described by section 300. If the court finds it did not have continuing subject matter jurisdiction, the matter shall be transferred to the appropriate jurisdiction.
Fathers petition for rehearing is denied as moot in light of this modification.
Mothers petition for rehearing was filed late; however, we have considered it on its merits and deny it as moot in light of this modification.
There is no change in the judgment.