Opinion
NOT TO BE PUBLISHED
Los Angeles County Super. Ct. No. CK 51146
ORDER MODIFYING OPINION and DENYING PETITION FOR REHEARING
COOPER, P. J., RUBIN, J. FLIER, J.
IT IS ORDERED that the opinion filed in the above-captioned matter on March 19, 2008, be modified as follows:
On page 1, the clause stating “Reversed and remanded with directions” is deleted and the following clause is substituted: “Affirmed and remanded, with directions.”
On page 2, the final sentence of the “Summary” paragraph is deleted, and the following sentence is substituted: “However, because notice was concededly defective under the ICWA, we remand the matter for the limited purpose of compliance with the ICWA.”
On page 11, the case citation in the final line of the discussion section is deleted, and the following citation is substituted: “(See In re Brooke C. (2005) 127 Cal.App.4th 377, 379, 385.)”
On page 11, the disposition is deleted and the following disposition is substituted:
“The dispositional order of February 8, 2007, determining, inter alia, that the minors were suitably placed with their paternal aunt, and providing the mother with monitored visitation and six months of reunification services, is affirmed and the matter is remanded to the juvenile court with directions to order the Department to comply with the notice provisions of the ICWA. If, after proper notice to the Eastern Band of Cherokee Indians, the court finds that the children are Indian children, the mother is then entitled to petition the juvenile court to invalidate any orders which violated title 25 United States Code sections 1911, 1912, and 1913. (See 25 U.S.C. § 1914.)”
The petition for rehearing is denied.
This order effects a change in the judgment.