In re Jonathan A. CA4/1

BACKGROUND

In April 2014 the San Diego County Health and Human Services Agency

(the Agency) filed a dependency petition for one-year-old Jonathan. The petition alleged

methamphetamine use by his mother, Judy A. The petition also alleged Jose had a long

history of drug-related arrests and was incarcerated on charges of possessing controlled

substances. Jonathan was detained with a relative.

In May 2014 Jose's counsel requested paternity testing. Counsel also requested

presumed father status for Jose (§ 7611, subd. (d)) based on the parentage questionnaires

Jose and Judy had completed. Jose's questionnaire claimed Jonathan had lived with him

from June 2013 to December 2013 or January 2014. Judy's questionnaire claimed

Jonathan had lived with Jose for one month in March 2013. The court (Judge Riggs)

stated, "I believe the amount of time that the child was exposed to [Jose] was at the most

one month, according to the questionnaire. And the court finds that that's not sufficient to

determine that he is a presumed father at this point, especially in light of the remaining

questions on the questionnaire and the responses thereto." After Jose objected to…