San Diego County Health & Human Services Agency v. Richard L.

Good Law
101 Cal. Rptr. 2d 13·2000 Cal. App. LEXIS 846·2000 Daily Journal DAR 11705·84 Cal. App. 4th 739·2000 Cal. Daily Op. Serv. 8859
Court of Appeal of CaliforniaNovember 1, 2000No. D035478California2,621 words

Opinion

Lead Opinion

Rourke, J.

*742 Opinion

San Diego County Health and Human Services Agency (Agency) appeals an order and judgment of the juvenile court determining Richard L. to be the presumed father of Liam L. Agency contends the court erred in concluding that Richard was a presumed father based solely on a voluntary declaration of paternity (Fam. Code, § 7570 et seq.) 1 signed by Richard and Liam’s mother, Hidey E. We affirm the judgment.

Factual and Procedural Background

Liam was bom in January 2000 with an imperforate anus, and doctors performed a colostomy on him one day after his birth. The day following the surgery, Hidey and Richard signed a voluntary declaration of paternity at the hospital on a form prepared by the Health and Welfare Agency of the California Department of Social Services.

Hospital employees placed a hold on Liarri and referred the family to Agency because of concerns regarding the parents’ ability to care for Liam. Hidey and Richard missed two scheduled training sessions to teach them colostomy care, and Richard presented himself at the hospital with alcohol on his breath on several occasions. In addition, Richard and Hidey did not have stable housing. They were living at a…

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