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Modification: In re Antonio R.

Lower Court

Los Angeles County Superior Court

Lower Court Judge

Peter R. Navarro
The duty of ensuring that proper inquiry is made regarding the possibility of a child's Native American ancestry falls on both the Department of Children and Family Services and the juvenile courts, not the parents or parents' families.



Court

California Courts of Appeal 2DCA/7

Cite as

2022 DJDAR 3094

Published

Mar. 30, 2022

Filing Date

Mar. 29, 2022

Opinion Type

Modification

Disposition Type

Affirmed (in part)

Case Fully Briefed

Jan. 27, 2022

Oral Argument

Mar. 4, 2022


In 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.

 

 

#279096

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