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In re Tiffany S.

In re Tiffany S.
06:19:2007

In re Tiffany S.




Filed 8/30/06 In re Tiffany S. CA4/2


NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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



FOURTH APPELLATE DISTRICT



DIVISION TWO















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




RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES,


Plaintiff and Respondent,


v.


TRACY O.,


Defendant and Appellant.



E040178


(Super.Ct.No. RIJ110623)


OPINION



APPEAL from the Superior Court of Riverside County. Elva R. Soper, Judge. (Retired judge of the L.A. Super. Ct. assigned by the Chief Justice pursuant to art. VI, § 6 of the Cal. Const.) Reversed with directions.


Laura L. Furness, under appointment by the Court of Appeal, for Defendant and Appellant.


Joe S. Rank, County Counsel, and Julie Koons Jarvi, Deputy County Counsel, for Plaintiff and Respondent.


Sharon S. Rollo, under appointment by the Court of Appeal, for Minor.


Appellant Tracy O. (mother) appeals from the juvenile court's decision to terminate her parental rights to Tiffany S. (minor) pursuant to Welfare and Institutions Code section 366.26.[1] Specifically, mother contends: (1) the juvenile court abused its discretion when it denied her oral motion to continue the section 366.26 hearing so she could file a section 388 petition alleging changed circumstances; and (2) the juvenile court failed to comply with the notice requirements of the Indian Child Welfare Act (ICWA). (25 U.S.C.A. § 1901 et seq.)


FACTS AND PROCEDURE


On the night of September 1, 2005, mother and the minor's father rushed the five-month-old minor to the hospital because she had been crying, she was arching her back, and her head was â€





Description Appellant, mother, appeals from the juvenile court's decision to terminate her parental rights to minor pursuant to Welfare and Institutions Code section 366.26.Specifically, mother contends: (1) the juvenile court abused its discretion when it denied her oral motion to continue the section 366.26 hearing so appellant could file a section 388 petition alleging changed circumstances; and (2) the juvenile court failed to comply with the notice requirements of the Indian Child Welfare Act (ICWA). (25 U.S.C.A. S 1901 et seq.)


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