Filed 5/28/09

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

—-

In re S.R. et al., Persons Coming Under the Juvenile Court Law.

SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Plaintiff and Respondent,

v.

M.M. et al.,

Defendants and Appellants.

C060404

(Super. Ct. Nos. JD224910, JD224911, JD224912)

ORDER MODIFYING

OPINION

[CHANGE IN JUDGMENT]

THE COURT:

It is ordered that the opinion filed herein on May 1, 2009, be modified as follows:

1. On the second line on page 8, omit the comma after the word “not.”

2. Omit the first paragraph on page 11 and replace it with the following paragraph:

Because the order terminating parental rights is dependent upon the assumption that termination is not detrimental to the minors and that assumption is undermined by an absence of evidence to demonstrate such lack of detriment, both the order vacating the order for a bonding study and the order terminating parental rights as to both parents must be reversed. (Cal. Rules of Court, rule 5.725(h).)

3. Delete the paragraph under the heading “DISPOSITION” and replace it with the following paragraph:

The orders granting the petition for modification and terminating parental rights are reversed, and the matter is remanded with directions for the juvenile court to order DHHS to secure the services of an appropriate expert before conducting a new section 366.26 hearing.

This modification changes the judgment.

THE COURT:

NICHOLSON , Acting P. J.

HULL , J.