Ruling by
Gail Ruderman FeuerLower Court
Los Angeles County Superior CourtLower Court Judge
Peter R. NavarroCourt
California Courts of Appeal 2DCA/7Cite as
2022 DJDAR 3094Published
Mar. 30, 2022Filing Date
Mar. 29, 2022Opinion Type
ModificationDisposition Type
Affirmed (in part)Case Fully Briefed
Jan. 27, 2022Oral Argument
Mar. 4, 2022In re ANTONIO R., a Person Coming Under the Juvenile Court Law
LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,
Plaintiff and Respondent,
v.
ASHLEY R.,
Defendant and Appellant.
No. B314389
(Los Angeles County
Super. Ct. No. 18CCJP06892)
California Court of Appeal
Second Appellate District
Division Seven
Filed March 29, 2022
ORDER MODIFYING OPINION
AND DENYING PETITION FOR
REHEARING
(NO CHANGE IN THE
APPELLATE JUDGMENT)
THE COURT:
The above-entitled opinion filed on March 16, 2022 is modified as follows:
On pages 22 and 23, delete the last two sentences of the disposition starting with "If the juvenile court determines after additional inquiry and a hearing that the Department has satisfied its inquiry and notice obligations under ICWA and California law and there is no reason to believe Antonio is an Indian child," and replace the last two sentences with the following language:
If the court finds Antonio is an Indian child, it shall conduct a new section 366.26 hearing, as well as all further proceedings, in compliance with ICWA and related California law. If not, the court's original section 366.26 order will remain in effect.
Respondent's petition for rehearing is denied.
There is no change in the appellate judgment.
PERLUSS, P. J.
SEGAL, J.
FEUER, J.
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