Department of Social Services v. Donald W.
Opinion
Lead Opinion
Capaccioli, J.
Statement of the Case
Donald W., the alleged natural father of Shereece B., a minor, appeals from an order terminating his parental rights. (Civ. Code, § 238.) 1 He claims the court lacked jurisdiction to enter its order. He also claims that the order, if properly entered, violates his constitutional right to equal protection under the law. We find no merit to these claims and affirm the order.
Facts
On October 10, 1988, Sherry Sims abandoned Shereece and her two step-siblings at a day care home. On October 25, 1988, all three children were declared dependents of the court and placed in foster care.
In October 1989, a permanency planning hearing was held. Thereafter, the Department of Social Services for Monterey County (the County) initiated proceedings to terminate Sims’s rights under section 232. Although 1988 AFDC (aid to families with dependent children) documents listed Donald W. as Shereece’s father, his status was not formally discovered until November 1989, when a caseworker commenced a due diligence search.
On January 19, 1990, the County filed a petition under section 7017 to terminate Donald W.’s parental rights, if any. The petition noted the proceedings…