Kern County Department of Human Services v. Michael U.

When does an alleged biological father become a “party” in a dependency proceeding? We answer this question, as well as due process inquiries, in the context of a minor father who has failed to personally assume any responsibility for his child. Here, appellant Michael U. became named as the alleged birth father of Emily R., the subject of already ongoing dependency proceedings. The juvenile court entered orders of detention, jurisdiction, disposition, and review; the court additionally made findings at several junctures determining sufficient efforts were made to notify appellant, eventually finding notice by publication adequate. Appellant claims that the proceedings violated his due process right to notice and that the court erred in failing to sua sponte appoint him a guardian ad litem before he appeared in the action. We affirm.

Factual and Procedural Background

Appellant was bom in June 1980. His alleged daughter, Emily R., was bom in December 1996. Appellant thus was 15 years old when he was sexually involved with Emily’s mother, Carmen D. Carmen originally identified Brooks R. as Emily’s father; she claims she did so because appellant’s mother had threatened…