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Modification: D.S. v. Superior Court (San Bernardino County Children and Family Services)

Ruling by

Richard T. Fields

Lower Court

San Bernardino County Superior Court

Lower Court Judge

Lynn M. Poncin
Mother's adoptive status did not dismiss juvenile court and child welfare agency's duty to further inquire as to adopted child's possible Native American ancestry.



Court

California Courts of Appeal 4DCA/2

Cite as

2023 DJDAR 1371

Published

Feb. 23, 2023

Filing Date

Feb. 22, 2023

Opinion Type

Modification

Disposition Type

Petition Granted

Case Fully Briefed

Sep. 22, 2022


D.S.,

Petitioner,

v

THE SUPERIOR COURT OF SAN BERNARDINO COUNTY,

Respondent;

SAN BERNARDINO COUNTY CHILDREN AND FAMILY SERVICES,

Real Party in Interest.

 

No. E079017

(Super.Ct.No. J290699)

California Court of Appeal

Fourth Appellate District

Division Two

Filed February 22, 2023

 

ORDER MODIFYING

OPINION

 

[NO CHANGE IN JUDGMENT]

 

THE COURT

 

The opinion filed in this matter on February 15, 2023, is modified as follows:

On page 13, following the very last sentence ending in "ICWA compliance on an appeal from any such order," a new paragraph is to be added. The paragraph should read:

Petitioner is DIRECTED to prepare and have the peremptory writ of mandate issued, copies served, and the original filed with the clerk of this court, together with proof of service on all parties.

This modification does not change the judgment.

CERTIFIED FOR PARTIAL PUBLICATION

 

FIELDS

J.

 

We concur:

MILLER

Acting P. J.

CODRINGTON

J.

#280658

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