Desiree F., A Minor

In re DESIREE F., a Person Coming Under the Juvenile Court Law.
KINGS COUNTY HUMAN SERVICES AGENCY, Plaintiff and Respondent, v. DANIEL F. et al., Defendants;
PICAYUNE RANCHERIA OF THE CHUKCHANSI INDIANS, Movant and Appellant.
No. F034698 (Super. Ct. No. 98J0007) California Court of Appeal Fifth Appellate District Filed September 19, 2000
ORDER MODIFYING OPINION AND DENYING REHEARING [NO CHANGE IN JUDGMENT]
THE COURT:

        It is ordered that the opinion filed herein on August 29, 2000, and reported in the Official Reports (___ Cal.App.4th ___) be modified in the following particulars:

        1. Under part 3*., the second paragraph (p. 15), beginning "We will address" is deleted.

        2. The paragraph commencing at the bottom of page 16** with "In determining any placement" and ending on page 17 with "Indian family member" is deleted and the following paragraph is inserted in its place:

        In determining any placement of Desiree, including emergency, foster care, or adoptive, the juvenile court is required to follow the placement preferences set forth in ICWA sections 1915 and 1916. (Rule 1439(k).) In the absence of good cause to the contrary, the first priority is for placement with a member of the Indian child's extended family. In Desiree's case, both her maternal grandmother and maternal aunt expressed a desire to have Desiree placed with them. Factors flowing from Desiree's current placement in flagrant violation of the ICWA, including but not limited to bonding with her current foster family and the trauma which may occur in terminating that placement, shall not be considered in determining whether good cause exists to deviate from the placement preferences set forth in ICWA sections 1915 and 1916. (Guidelines, supra, pp. 67594-67595; cf. B.R.T. v. Executive Director etc. (N.D. 1986) 391 N.W.2d 594, 601, fn. 10.)

        This modification does not effect a change in the judgment.
        The respondent's petition for rehearing in the above matter is denied.

I concur:
        HARRIS, J.



*        See Daily Appellate Report of August 31, 2000, page 9663, column 2, first full paragraph.

**        See Daily Appellate Report of August 31, 2000, page 9663, column 2, fifth full paragraph.