In re Nathan A.

Full title: LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff…

Court: California Court of Appeals, Second District, Eighth Division

Date published: Dec 13, 2007

No. B196709 (Cal. Ct. App. Dec. 13, 2007)

Opinion

In re NATHAN A., et al., Persons Coming Under the Juvenile Court Law. LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. VERONICA C. et al., Defendants and Appellants. B196709 California Court of Appeal, Second District, Eighth Division December 13, 2007

NOT TO BE PUBLISHED

Los Angeles County Super. Ct. No. CK60099

ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING

COOPER, P. J.

IT IS ORDERED that the opinion filed in the above-captioned matter on November 27, 2007, be modified as follows:

On pages 12 and 13, delete the language under the heading “DISPOSITION” and replace it with:

“The order terminating parental rights is reversed and the matter is remanded to the juvenile court with directions to order DCFS to comply with the notice provisions of ICWA and to file all required documentation with the juvenile court for the court’s inspection. If, after proper notice, a tribe claims the children are Indian Children and the ICWA applies to these proceedings, an appropriate person or tribe may petition the juvenile court, pursuant to 25 United States Code section 1914, to invalidate any action he, she or it contends violated a provision of sections 101, 102 or 103 of the ICWA (25 U.S.C. §§ 1911, 1912 and 1913). On the other hand, if no tribe claims the children are Indian children, the order terminating parental rights is to be reinstated. In all other respects, the orders appealed from are affirmed.”

This modification effects a change in the judgment.

The petition for rehearing is denied.

RUBIN, J., FLIER, J.