Los Angeles County Department of Children & Family Services v. J. R.

*797 Opinion

Jerry P. has been a dependent child of the juvenile court since shortly after his birth when both he and his mother tested positive for cocaine in their bloodstreams. The court initially found appellant, J.R., to be Jerry’s “presumed father” and ordered father and son be provided family reunification services which eventually could lead to J.R.’s custody of Jerry. 1 Upon rehearing, however, the court determined J.R. could not be Jerry’s “presumed father” because he never received Jerry “into his home” as required by Family Code section 7611, subdivision (d). The court did not address respondent’s additional argument J.R. could not be the “presumed father” because DNA tests showed he is not the biological father.

J.R. appeals from the court’s order denying him reunification services because he is not Jerry’s statutorily “presumed father.”

We reverse, We hold presumed fatherhood status, for purposes of dependency proceedings, is not necessarily negated by evidence the presumed father is not the biological father. We further hold Adoption of Kelsey S. 2 applies to dependency proceedings and therefore Family Code section 7611 and the related dependency scheme violate…

Concurring and Dissenting.—I concur in part II of the majority’s opinion, holding as a matter of statutory interpretation that a finding of nongenetic paternity does not necessarily defeat presumed father status under Family Code section 7611, subdivision (d). 1 I also agree in general with much of the analysis in part III.B., holding that in appropriate cases the constitutional rights of unwed biological fathers recognized in Adoption of Kelsey S. (1992) 1 Cal.4th 816 [ 4 Cal.Rptr.2d 615 , 823 P.2d 1216 ] (Kelsey S.) extend to dependency proceedings—at least insofar as those proceedings involve the potential termination of the father’s parental rights. (See In re Zacharia D. (1993) 6 Cal.4th 435, 450-451 [ 24 Cal.Rptr.2d 751 , 862 P.2d 751 ].) 2 However, I respectfully dissent from the judgment reversing the order denying J.R. reunification services in this case because I believe substantial evidence supports findings by the juvenile court that demonstrate J.R. failed to satisfy the standard set forth in Kelsey S.

1. The juvenile court found J.R. failed to come forward promptly in the dependency proceedings

The indispensable prerequisite for a finding that a man is a Kelsey S.…