In re LAUREN R.,
Filed 4/17/07
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
In re LAUREN R., a Person Coming Under the Juvenile Court Law. | |
ORANGE COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Respondent, VELDA C. et al., Respondents, v. AMANDA C., Defendant and Appellant, LAUREN R., Minor and Appellant. | G037590 (Super. Ct. No. DP008387) ORDER MODIFYING OPINION AND DENYING PETITION FOR REHEARING; CHANGE IN JUDGMENT |
THE COURT:
The opinion filed March 19, 2007, is hereby modified as follows:
On page 1, the phrase Appeal from an order of the Superior Court is modified to read, Appeal from orders of the Superior Court.
On page 23, the paragraph under the heading DISPOSITION is modified to read, The order placing Lauren with Velda for adoption is reversed. Because it is necessary to restore all parties to their prior positions, the orders terminating parental rights are also reversed. (See In re H.G. (2006 146 Cal.App.4th 1; In re Jeremy W. (1992) 3 Cal.App.4th 1407.) SSA is directed to make an explicit determination as to whether Amanda qualifies for the caretaker preference under Subdivision (k). If SSA determines she does not qualify, the juvenile court shall review the determination using its independent judgment. If the juvenile court finds Amanda does qualify under Subdivision (k), her application for adoption shall be processed and the home study completed before a new placement hearing is held. If she does not qualify under Subdivision (k), the juvenile court shall hold a new placement hearing; the court shall not accord a preference to Velda based on her status as a relative of Lauren. After the placement hearing, the court shall reinstate its orders terminating parental rights made on September 15, 2006. The writ of supersedeas staying the orders of the juvenile court shall dissolve upon issuance of the remittitur.
These modifications change the judgment.
The petition for rehearing is DENIED.
OLEARY, J.
WE CONCUR:
RYLAARSDAM, ACTING P. J.
BEDSWORTH, J.
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