In re A.J.

—

Appellant L.M. (father) is the biological father of A.J. (child), who was six years old on May 13, 2014, the date of the challenged order. Father appeals from the juvenilé court’s order at the Welfare and Institutions Code section 366.26 permanency planning hearing denying him supervised visitation with the child based on a finding of detriment. As discussed below, while substantial evidence does support the court’s finding of detriment, we wish to clarify that the court was not required to make such a finding because, as a mere biological father, father is not considered a “parent” for purposes of section 366.26, subdivision (c)(4)(C) and thus is not presumptively entitled to visits during guardianship.

Facts and Procedure

Detention

On July 13, 2012, San Bernardino County Children and Family Services (CFS) filed a petition under section 300 after the four-year-old child’s mother struck him across the face with her hand and caused him to have two black eyes and bruises on the left side of his face. CFS also alleged the child’s mother had a substance abuse problem and was incarcerated. CFS alleged that father had allowed the child to be at risk in the mother’s care,…