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In re A.O.

Nov. 17, 2015

In re A.O.

Where trial court does not advise mother of right to appeal at time of dispositional ruling, untimely filing of appeal may be excused and merits of appeal may be heard.





Cite as

2015 DJDAR 12370

Published

Nov. 17, 2015

Filing Date

Nov. 13, 2015


Filed 11/13/15; second of two modifications?first modif

 

In re A.O.,

a Person Coming Under the Juvenile Court Law.

 

RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES,

Plaintiff and Respondent,

v.

M.O.,

Defendant and Appellant.

 

 

No. E062111

(Super.Ct.No. INJ1300355)

California Courts of Appeal

Fourth Appellate District

Division Two

Filed November 13, 2015

 

ORDER MODIFYING OPINION

AND GRANTING PARTIAL

PUBLICATION

 

[NO CHANGE IN JUDGMENT]

 

 

     IT IS ORDERED that the opinion filed in this matter on October 14, 2015 is modified as follows:

 

Delete the first sentence in the second paragraph on page 21 of Part II.1. reading,

Rule 5.590(a) states that ?after making its disposition order,? the court ?must advise, orally or in writing,? the child, parent, or guardian of his or her right to appeal from the court order.  (Italics added.)

 

It shall be replaced with the following sentence:

 

Rule 5.590(a) states that ?after making its disposition order,? the court ?must advise, orally or in writing, the child, if of sufficient age, and, if present, the parent or guardian of . . . [t]he right of the child, parent, and guardian to appeal from the court order. . . .?  (Italics added.)

 

IT IS FURTHER ORDERED that certification of the opinion for nonpublication dated October 14, 2015 is hereby vacated and set aside.  On pages 1 and 40 of the opinion, the words NOT TO BE PUBLISHED IN OFFICIAL REPORTS are replaced with the words CERTIFIED FOR PARTIAL PUBLICATION and those words on page 1 are followed by insertion of the following footnote:

 

*Pursuant to California Rules of Court, rules 8.1105(b) and 8.1110, this opinion is certified for publication with the exception of parts I, II.2, II.3, and II.4.

 

     IT IS FURTHER ORDERED that the request for publication of the opinion filed on October 14, 2015 is GRANTED with the exception of parts I, II.2, II.3, and II.4.  The opinion meets the standard for publication as specified in California Rules of Court, rule 8.1105(c).

 

Except for these modifications, the opinion remains unchanged.  These modifications do not effect a change in judgment.

 

CODRINGTON 

     J.

 

I concur:

MILLER  

     J.

 

 

#229550

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