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In re V.M.,

In re V.M.,
02:18:2011

In re V

In re V.M.,






Filed 1/21/11




CERTIFIED FOR PUBLICATION


IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT


In re V.M., a Person Coming Under the
Juvenile Court Law.
___________________________________

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

V.M.,

Defendant and Appellant.

B220976

(Los Angeles County
Super. Ct. No. CK 79106)


MODIFICATION OF OPINION
AND ORDER DENYING
PETITION FOR REHEARING

[CHANGE IN JUDGMENT]


THE COURT:

GOOD CAUSE appearing therefor, the opinion filed on December 22, 2010, in the above-entitled matter is hereby modified as follows:
1. In the first full paragraph on page 3, the second full sentence is modified to read:
The court’s assertion of dependency jurisdiction in this case was an abuse of discretion, and we reverse.
2. On page 9, the last sentence in the first full paragraph is modified to read:
That is what the trial court should have done here.
3. On page 10, the disposition is modified and states in its entirety as follows:
The jurisdictional and dispositional orders are reversed as to V.M. The court is ordered to dismiss the petition as to V.M. forthwith unless new circumstances would justify a new finding of jurisdiction.
There is a change in the judgment.
Respondent’s petition for rehearing is denied.




________________________________________________________________________
RUBIN, Acting P. J. GRIMES, J. O’CONNELL, J.*





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