San Luis Obispo County Department of Social Services v. Ramon O.

Ramon O., an unwed father, appeals the trial court’s orders denying his Welfare and Institutions Code section 388 petition 1 and terminating his parental rights over the child Julia U. (Julia) pursuant to section 366.26. We reverse the orders on the ground the trial court denied him his parental rights without due process.

Facts

Julia was born to 14-year-old Trisha C. on August 11, 1996. Trisha was a juvenile court dependent. Respondent worked with Trisha to find foster care placement where she could live with Juba. Respondent soon came to believe that Julia needed protection from Trisha, and on October 3, 1996, filed a section 300 petition for the infant.

The petition stated that Trisha had emotional and mental problems which interfered with her ability to meet Julia’s needs. The petition also stated that Julia’s presumed father was Jose U., an adult with an extensive criminal history. Jose U. was listed as Julia’s father on her birth certificate. He denied paternity.

Respondent filed an amended petition stating that Trisha was now committed to parenting Julia and wanted to have Julia placed with her.

At a jurisdictional hearing on November 4, 1996, Jose U. was…