In re Julian S.

Full title: In re JULIAN S., a Person Coming Under the Juvenile Court Law. ORANGE…

Court: California Court of Appeals, Fourth District, Third Division

Date published: Jan 30, 2009

No. G040508 (Cal. Ct. App. Jan. 30, 2009)

Opinion

In re JULIAN S., a Person Coming Under the Juvenile Court Law. ORANGE COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Respondent, v. LYNN L., Defendant and Appellant. G040508 California Court of Appeal, Fourth District, Third Division January 30, 2009

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

Super. Ct. No. DP016440

ORDER MODIFYING OPINION; [NO CHANGE IN JUDGMENT]

MOORE, J.

It is ordered that the opinion filed herein on January 22, 2009, be modified as follows:

1. On page 10, in the first full paragraph, the sentence beginning

“The mother claims . . .” is deleted and the following sentence is inserted in its place:

“The mother claims that the court’s ruling did not address the second prong of section 361.5, subdivision (b)(5) — that the section 300, subdivision (e) count was ‘because of the conduct of that parent or guardian.’”

2. On page 10, in the first full paragraph, the last sentence, beginning with

“The mother also . . .” is deleted and the following sentence is inserted in its place:

“The mother also asserts a lack of substantial evidence under section 361.5, subdivision (b)(6), claiming that the evidence was not sufficient to show she either caused the injuries or allowed them to be caused.”

3. On page 11, the last paragraph starting with “The mother . . .” is deleted and the paragraph is replaced with:

“The mother argues at length that denial of services under section 361.5, subdivision (b)(5) was not supported by substantial evidence. The denial of services, however, was equally proper under section 361.5, subdivision (b)(6). Thus, even if the mother were correct (which she is not) reversal would not be required.”

This modification does not effect a change in the judgment.

WE CONCUR: BEDSWORTH, ACTING P. J. ARONSON, J.