In Re Raphael P.

Raphael P. (appellant) appeals from an order of the juvenile court denying him presumed father status in the dependency proceeding concerning minor Raphael P. Ill (Raphael). He contends the trial court’s ruling, based upon a blood test confirming he was not the minor’s biological father, was erroneous. The minor, who took a position contrary to appellant’s in the trial court, has changed position on appeal, now arguing in appellant’s favor. We reverse.

Statement of the Case and Facts

Raphael was bom in August 1997. His birth certificate lists his mother as Niemaha E., age 16, and his father as appellant, age 19.

According to appellant’s declaration, he was in a relationship with Niemaha E. when Raphael was conceived, she told him he was the father and he so believed. Appellant was at this time in a drag rehabilitation program at Walden House. When he was released, appellant went to live with his grandmother, Agnes J., on Duke Court in San Francisco. Niemaha, then four and a half months pregnant, was in a foster home from which she frequently “went ‘AWOL.’ ” Agnes J. tried to arrange with the San Francisco Department of Human Services (Department) for Niemaha to live…