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In reE.P.

In reE.P.
08:20:2007



In reE.P.



Filed 8/3/07 In reE.P. CA4/1



NOT TO BE PUBLISHED IN OFFICIAL RECORDS



California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



COURT OF APPEAL, FOURTH APPELLATE DISTRICT



DIVISION ONE



STATE OF CALIFORNIA



In re E.P., a Person Coming Under the Juvenile Court Law.



SAN DIEGO COUNTY HEALTH AND HUMAN SERVICES AGENCY,



Plaintiff and Respondent,



v.



AMBER P.,



Defendant and Appellant.



D049807



(Super. Ct. No. EJ02408A,B,C)



ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING



[NO CHANGE IN JUDGMENT]



THE COURT:



It is ordered that the opinion filed on July 18, 2007, be modified as follows:



1. On page 13, in the first paragraph delete the sentence: "Although the record contains substantial evidence to support the findings that A.P. and Edward were each generally adoptable, we do not believe the record supports the conclusion the children were generally adoptable in view of their membership in a sibling group and E.P.'s tremendous needs." Insert the following sentence in its place:



The record contains substantial evidence to support the findings that A.P. and Edward were generally adoptable, both individually and as a sibling pair. However, in view of E.P.'s tremendous needs, we do not believe the record supports the conclusion the three children were generally adoptable as a sibling group.



2. On page 13, at the end of the first paragraph, add the following sentence:



Here, the Agency identified an available prospective adoptive parent willing to adopt all three children as a sibling group. We examine the record for substantial evidence to support the finding that the children were likely to be adopted within a reasonable time. ( 366.26, subd. (c)(1); In re Gregory A., supra, 126 Cal.App.4th at p. 1562.)



3. On page 13, delete the second sentence of the second paragraph that reads: "We believe there is ample evidence to support a finding they were adoptable as a sibling pair."



There is no change in the judgment.



Appellant's petition for rehearing is denied.





NARES, Acting P. J.



Copies to: All parties



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Description A modification decision.
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