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In re Alec O.

In re Alec O.
06:23:2006

In re Alec O.




Filed 6/22/06 In re Alec O. CA1/3




NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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



FIRST APPELLATE DISTRICT



DIVISION THREE














In re ALEC O. et al., Persons Coming Under the Juvenile Court Law.




MENDOCINO COUNTY DEPARTMENT OF SOCIAL SERVICES,


Plaintiff and Respondent,


v.


MELINDA O.,


Defendant and Appellant.



A112375


(Mendocino County


Super. Ct. Nos. JVSQ-05-14465,


JVSQ-05-14466)



Appellant Melinda O. appeals from orders of the juvenile court in which her two sons, now ages eight and eleven, were declared dependants and placed in the care of their maternal grandparents. Melinda contends that substantial evidence does not support the court's jurisdictional and dispositional findings and that the court abused its discretion with regard to conditions imposed under the reunification plan. She also contends the trial court did not comply with the notice and other requirements of the Indian Child Welfare Act (ICWA), 25 United States Code section 1901 et seq. We affirm the jurisdictional order. The dispositional order, however, must be reversed in part and affirmed in part and remanded for further proceedings to ensure compliance with the ICWA.


Factual and Procedural History


On October 4, 2005, the Mendocino County Department of Social Services filed a petition pursuant to Welfare and Institutions Code section 300.[1] The petition alleges under subdivision (a) of section 300, that the children have suffered, or there is a substantial risk that the children will suffer physical harm inflicted nonaccidentally upon the children by the children's parent because â€





Description A decision as to declaring a child a dependant of court and placed in the care of maternal grandparents.
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