In re Randalynne G. (2002)

Fourth Dist., Div. Two.

May 14, 2002.]

In re RANDALYNNE G., a Person Coming Under the Juvenile Court Law.

RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES, Plaintiff and Respondent, v. RANDAL G. et al., Defendants and Appellants.

[Modification fn. * of opinion (97 Cal.App.4th 1156) on denial of petition for rehearing.]

HOLLENHORST, Acting P. J.-

THE COURT:

It is ordered that the opinion filed herein on April 24, 2002, be modified as follows:

1. On page 2, delete the last sentence of the fourth paragraph [97 Cal. App. 4th 1159, advance report, 1st par.] which reads "Finally, he contends that a postguardianship visitation order improperly delegated complete discretion to the guardian to allow visitation or not."

2. On page 3, the last sentence of the first paragraph [97 Cal. App. 4th 1159, advance report, 3d par., last line] is modified to read as follows:

The father does not present a separate argument on this issue but rather argues that the guardianship order improperly delegated complete discretion to the guardian to allow visitation or not.

fn. †3. On page 14, the first complete paragraph is modified to read as follows:

We therefore conclude that the father's section 388 petition failed to make a prima facie showing that further reunification efforts would be in the best interests of the child because the father failed to allege facts showing that a reunification program would be in the child's best interests. Father only alleged in his petition that he is (1) residing in a sober living home that is suitable for the minor; (2) testing negative for controlled substances; (3) [98 Cal. App. 4th 476h] attending 12-step meetings to ensure continued sobriety; (4) enrolled in a parenting class; and (5) gainfully employed. He also alleged that he has been visiting his daughter bimonthly.

4. Delete footnote 8 on page 32[97 Cal. App. 4th 1163, advance report].

5. On page 38, delete the last three sentences of the third paragraph [97 Cal. App. 4th 1167, advance report, 3d par.] which read:

But the March 14th order was not appealed. The mother's appeal is from the July 5th order. We therefore turn to that subject.

There is no change in the judgment.

The petition for rehearing is denied.

Richli, J., and Gaut, J., concurred.

FN *. This modification requires the movement of text affecting pages 1163-1170 of the bound volume report.

FN †. Editor's Note: This modification instruction pertains to a portion of the opinion not certified for publication.