In Re Vincent M.

William D. Caldwell, Venice, for Objectors and Appellants.

Law Office of Lawrence E. Fluharty and Lawrence E. Fluharty, under appointment by the Court of Appeal, for Defendant and Respondent.

Aida Aslanian, under appointment by the Court of Appeal, Glendale, for Respondent.

No appearance for Plaintiff and Respondent.

KRIEGLER, J.

Vincent M. was surrendered by his mother at the hospital at birth in February 2006, placed with the B. family for adoption, and declared a dependent of the court. Mother refused to identify the father. The case went directly to permanency planning. Jorge C, Vincent's biological father and a stranger to Vincent, appeared in the proceeding eight months later and filed a petition under Welfare and Institutions Code section 388, [1] asking for presumed father status and family reunification services. The dependency court granted the request, finding that Jorge was a nonstatutory presumed father entitled to reunification services without consideration of Vincent's best interest. The B.'s appeal this ruling.

Relying on In re Zacharia D. (1993) 6 Cal.4th 435 , 24 Cal.Rptr.2d 751 , 862 P.2d 751 ( Zacharia D., ) we hold that Jorge is not a presumed father…