In re P.C. (2008)165 Cal.App.4th 1290e , -- Cal.Rptr.3d --

In re P.C. et al., Persons Coming Under the Juvenile Court Law.

ORANGE COUNTY SOCIAL SERVICES AGENCY, Plaintiff and Respondent, v. M.D., Defendant and Appellant.

[Modification of opinion (165 Cal.App.4th 98) on denial of petition for rehearing.]

FYBEL, J.-

It is ordered that the opinion filed herein on July 23, 2008, be modified as follows:

1. On page 6 [165 Cal.App.4th 103, advance report, 2d full par., line 3], in the first paragraph under the heading "Discussion," after the first sentence ending "housing acceptable to SSA," add a new footnote, as follows:

2 Mother also argues on appeal the juvenile court's finding that the parent-child relationship exception to adoption did not apply was not supported by substantial evidence. (? 366.26, subd. (c)(1)(B)(i).) In light of our holding, we need not reach this issue.

2. Under the heading "Disposition," the paragraph beginning on page 12 [165 Cal.App.4th 107-108, advance report] with "The order terminating" and ending at the top of page 13 is deleted in its entirety and replaced with the following:

The order terminating mother's parental rights is reversed. The matter is remanded to the juvenile court with directions to conduct a hearing to address whether legally sufficient grounds independent of mother's poverty and lack of stable, suitable housing currently exist such that it would be detrimental to place the children in mother's care. (The length of time it took mother to complete her case plan, and mother's previous "troublesome" cooperation with SSA shall not be considered in determining whether there is a substantial risk of detriment at the present time in returning the children to mother's care.) If no such grounds exist, the juvenile court shall order SSA to restart reunification services and related efforts, including, but not limited to, assistance in obtaining stable, suitable housing, and take the necessary steps to return the children to mother's custody. Reunification services and related efforts shall be provided for a period of six months from the date [165 Cal.App.4th 1290f] on which the juvenile court orders such services to be restarted. If these renewed efforts fail, the juvenile court may proceed to terminate mother's parental rights. If grounds independent of mother's poverty and lack of stable, suitable housing currently exist such that it would be detrimental to place the children in mother's care, the court's order terminating parental rights shall be reinstated.

These modifications do not effect a change in the judgment. The petition for rehearing is DENIED.

Rylaarsdam, Acting P. J., and Moore, J., concurred.