County of Ventura v. Gonzales

Appellant Ramon Gonzales was ordered to pay child support after his parental rights were terminated under Welfare and Institutions Code section 366.26 (hereafter section 366.26). We conclude that an order terminating parental rights completely severs the parent-child relationship and deprives the court of the authority to make an award of child support.

Facts and Procedural History

Appellant and Dawn F. are the biological parents of Jonathan F., who was born in 1984. Jonathan began receiving welfare benefits from respondent Ventura County in 1994. The county filed a complaint on Jonathan’s behalf to establish appellant’s paternity and obtain child support. (Former Welf. & Inst. Code, § 11350 et seq., now Fam. Code, § 17400 et seq.; Stats. 1999, ch. 478, § 1.)

Meanwhile, Jonathan was declared a dependent child of the juvenile court and removed from Dawn’s custody. (Welf. & Inst. Code, §§ 300, 360, subd. (c).) On December 6, 1999, the juvenile court terminated appellant’s and Dawn’s parental rights in a hearing under section 366.26.

The county filed a motion for judgment in the paternity action. The parties stipulated that appellant was Jonathan’s biological father and…