Sacramento County Welfare Department v. Victor R.

Good Law
119 Cal. Rptr. 475·13 Cal. 3d 636·1975 Cal. LEXIS 196·532 P.2d 123·90 A.L.R. 3d 1017
Supreme Court of CaliforniaMarch 3, 1975S.F. No. 23204California6,536 words

Opinion

lead Opinion

Wright, J.

Victor R. appeals from a juvenile court order entered upon the fourth annual review of the status of Lisa R., a minor, dependent ward of the court. Appellant particularly complains of rulings that he had no standing to offer evidence that he is Lisa’s natural father and that he be excluded from the hearing. He seeks to establish his paternity in these proceedings as a basis to afford him visitation rights and eventually to effect a termination of Lisa’s dependency status which was grounded on a finding that she is without a parent or guardian exercising parental care and control. 1

*640 We hold for reasons which follow that under the circumstances present in the instant case the juvenile court does have jurisdiction to determine parentage. We further hold that under the due process clause of the Fourteenth Amendment as enunciated by the United States Supreme Court in Stanley v. Illinois (1972) 405 U.S. 645 [ 31 L.Ed.2d 551 , 92 S.Ct. 1208 ] (see also Cal. Const., art. I, § 13) appellant does have standing to olfer evidence that he is the natural father of the minor child.

The initial petition seeking a dependency determination for Lisa was filed by a probation officer…

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