Department of Social Services v. Gregory P.

Defendant, Gregory P., appeals from an order of the juvenile court declaring Olivia H., who was then five and one-half months old, a ward of the juvenile court. Defendant’s sole contention on appeal is that the juvenile court erred in denying him presumptive parental status under Civil Code section 7004.

On September 18, 1985, five days after Olivia was bom, the San Francisco Department of Social Services filed, in the juvenile court, a petition which contained the following allegations relevant to the issues on this appeal: Count I - Olivia’s mother had a drug abuse problem which required treatment and rendered her unable to care for her child at that time; count II - the child was bom with a positive “tox screen” for amphetamines and methamphetamines; and count V - the mother of the child had failed to obtain prenatal care. The petition requested that Olivia be declared a dependent child of the court pursuant to Welfare and Institutions Code section 300, subdivision (a), which provides, in pertinent part, that such action may be taken with regard to a minor “Who is in need of proper and effective parental care or control and . . . has no parent or guardian willing to…