Los Angeles County Department of Children & Family Services v. Mario A.

In juvenile dependency proceedings, Mario A. and Kevin W. each petitioned the juvenile court to be declared the presumptive father of Kiana A. (May 1988). At the time of disposition, the juvenile court found in Kevin W.’s favor. Mario A. appeals. We affirm the juvenile court’s order.

Factual and Procedural Background

Kevin W. removed the minors Kiana A. and her half sibling, Mykea M. (June 1992), from their mother’s home on August 30, 2000, after learning mother had been arrested. The minors came to the attention of the Los Angeles County Department of Children and Family Services (DCFS) on September 7, 2000, when it was reported the minors had been the victims of general neglect by mother who sold drugs and permitted strangers to have sex in the home. The minors subsequently were declared wards of the court pursuant to Welfare and Institutions Code section 300 based on a petition *1112 which, as sustained, alleged mother inappropriately disciplined the minors, Mykea M.’s father inappropriately touched Kiana A., mother has a history of drug abuse and Mykea M.’s father is currently incarcerated.

A children’s social worker (CSW) interviewed the minors at Kevin W.’s home…