People v. Anderson

Cherilynn S. appeals an order of the juvenile court summarily denying her petition for modification under Welfare and Institutions Code 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 Cherilynns prior appeal precluded the juvenile court from entertaining Cherilynns section 388 modification petition. Accordingly, we affirm the order.