San Diego County Health & Human Services Agency v. Cherilynn S.

Cherilynn S. appeals an order of the juvenile court summarily denying her petition for modification under Welfare and Institutions Code 1 section 388 following a limited reversal and remand for compliance with the notice provisions of the Indian Child Welfare Act (ICWA) ( 25 U.S.C. § 1901 et seq.). Cherilynn contends the court erroneously believed it had no jurisdiction to address her section 388 modification petition, which sought to: (1) Reverse the order terminating her parental rights to her minor son, Terrance B.; (2) have a new selection and implementation hearing on the applicability of the beneficial sibling relationship exception of section 366.26, subdivision (c)(1)(E); and (3) have Terrance placed with her. We conclude the limited reversal and remand contained in the remittitur in Cherilynn’s prior appeal precluded the juvenile court from entertaining Cherilynn’s section 388 modification petition. Accordingly, we affirm the order.

FACTUAL AND PROCEDURAL BACKGROUND 2

In July 2002 two-year-old Terrance and his siblings, 11-year-old Rodney S. and 10-year-old Rachel S. (collectively the minors), 3 were taken into protective custody because of ongoing domestic…