In re K.C.























Filed 7/3/12 In
re K.C. CA6

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>NOT TO BE PUBLISHED IN
OFFICIAL REPORTS





California Rules of Court, rule 8.1115(a), prohibits
courts and parties from citing or relying on opinions not certified for
publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for
publication or ordered published for purposes of rule 8.1115>.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA



SIXTH APPELLATE DISTRICT




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In re K.C. et al., Persons Coming Under the Juvenile Court Law.	H036896 (Santa Cruz County Super. Ct. Nos. DP002363 & DP002364)
SANTA CRUZ HUMAN RESOURCES AGENCY, Plaintiff and Respondent, v. T.C. et al., Defendant and Appellant.	ORDER MODIFYING OPINION CHANGE IN JUGMENT

THE
COURT:

It
is ordered that the opinion filed herein on June 5, 2012, be href="http://www.mcmillanlaw.com/">modified as follows:

1.
On page 2, line 11 the
subdivision “subdivision (c) (§ 300(c))” is changed to “subdivision (b) ((§
300(b))” so the sentence reads:



We hold that (1) the record does not
support jurisdiction under Welfare and Institutions Code section 300,
subdivision (e) (§300(e)), because it does not contain substantial evidence
that Mother should have known, prior to the discovery of Zachary’s injuries,
that he was being physically abused; (2) the record does support jurisdiction
under Welfare and Institutions Code section 300, subdivision (b) (§300(b)),
because it contains substantial evidence that Zachary had suffered serious
physical injury while under Mother’s supervision and control, and that he was
exposed to a risk of recurrence by her present and continuing refusal to
acknowledge the probable non-accidental cause of the injury; (3) the record
fails to show that the Department complied with ICWA by providing all
reasonably available information concerning possible Indian ancestry to all
tribes in which the children may be members or eligible for membership.



2.
On page 28, line 3 the section
“300(c)” is changed to “300(b)” so the sentence reads:



The fact that she had discontinued both of
the identified substances without apparent complications, and the absence of
any evidence of excessive consumption, chemical dependency or even
vulnerability to such dependency, precluded a finding under the “substance
abuse” clause of section 300(b).



3.
On page 50, line 8, the word
“b(4)” is changed to “b-4” so the sentence reads:



The jurisdictional order in No. DP002364
will be modified by (1) striking the language at page 2, line 4, and replacing
it with “6. The allegations of paragraph b-4 are true.”; and (2) striking the
words “and (e)” at page 2, line 6.



4.
On page 50, line 11 the word
“j(3)” is changed to “j-2” so the sentence reads:



The allegations of paragraph j-2 are true.”; and (2) striking the
words “300(b) and (j)” at page 2, line 6, and replacing them with “300(j).”







This modification changes the
judgment.





















Dated: ____________________________________

RUSHING,
P.J.













WE CONCUR:











_________________________________


PREMO, J.











_________________________________


ELIA, J.