In re Alvin M. CA1/2

Good Law
Court of Appeal of CaliforniaMay 8, 2014A138277California5,514 words

Opinion

Opinion

I. INTRODUCTION

Appellant Winston M. is the biological father of Alvin M., the minor who is the subject of this dependency proceeding. He appeals from the juvenile court’s order denying his motion for presumed father status and its jurisdiction and disposition orders, contending the order denying him presumed father status is not supported by substantial evidence and that he met his burden of proving he was and is committed to assuming parental responsibility. We find no error and affirm the juvenile court’s orders.

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II. FACTUAL AND PROCEDURAL BACKGROUND

A. The Dependency Petition. In August 2012,1 the San Francisco Health and Human Services Agency (Agency) filed a Welfare and Institutions Code section 3002 petition alleging that newborn Alvin M. was a child coming within the jurisdiction of the juvenile court under subdivision (b), failure to protect. The petition alleged several grounds placing the child at risk of harm including: (1) Alvin’s mother3 had a substance abuse problem requiring assessment and treatment; she admitted to smoking marijuana while pregnant and to using crystal methamphetamines in the past; (2) mother and Alvin tested positive for marijuana and…

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