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In re Raven S.

In re Raven S.
04:07:2006

In re Raven S.


Filed 4/5/06 In re Raven S. CA2/5




NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS





California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.




IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA





SECOND APPELLATE DISTRICT





DIVISION FIVE















In re RAVEN S., a Person Coming Under the Juvenile Court Law.



B184970 and B188043


(Los Angeles County


Super. Ct. No. CK27442)



THE LOS ANGFELES DEPARTMENT


OF CHILDREN AND FAMILY SERVICES,


Plaintiff and Respondent,


v.


PATRICIA M.,


Defendant and Appellant.




APPEAL from an order of the Superior Court of Los Angeles County, Robin Kesler, Judge. Reversed with directions.


Michael A. Salazar, under appointment by the Court of Appeal, for Defendant and Appellant.


Raymond G. Fortner, Jr., Los Angeles County Counsel, Frank J. DaVanzo, Principal Deputy County Counsel for Plaintiff and Respondent.


The mother, Patricia M., appeals from guardianship and parental termination rights orders. The Department of Children and Family Services concedes that the guardianship and parental termination rights orders must be reversed because of non-compliance with the Indian Child Welfare Rights Act. We agree. (In re Marinna J. (2001) 90 Cal.App.4th 731, 736-740; In re Desiree F. (2000) 83 Cal.App.4th 460, 471-472; In re Kahlen W. (1991) 233 Cal.App.3d 1414, 1421-1422; In re Junious M. (1983) 144 Cal.App.3d 786, 790-791.) Upon issuance of the remittitur, the trial court is to ensure compliance with the Indian Child Welfare Rights Act. If after compliance with the Indian Child Welfare Rights Act, the trial court finds that the child does not fall within its provisions, the guardianship and parental termination rights orders are to be reinstated. (In re Brooke C. (2005) 127 Cal.App.4th 377, 385.)


The guardianship and parental termination rights orders are reversed. Upon issuance of the remittitur, the court shall proceed as specified in the body of this opinion.


NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS


TURNER, P.J.


We concur:


ARMSTRONG, J. KRIEGLER, J.


Publication Courtesy of California lawyer directory.


Analysis and review provided by Escondido Apartment Manager Lawyers.





Description A decision regarding guardianship and parental rights termination order.
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