Sacramento County Department of Health & Human Services v. Carlos H.

In this dependency proceeding, the alleged father of the minor (appellant) appeals from the juvenile court’s order terminating his parental rights. (Welf. & Inst. Code, §§ 366.26, 395; undesignated statutory references are to this code.) Appellant contends the juvenile court erred by failing to order paternity testing and by failing to appoint counsel to represent him. We conclude that the juvenile court’s failure to comply with the statutory provisions for giving an alleged father notice and an opportunity to elevate his paternal status mandates reversal in this matter.

FACTUAL AND PROCEDURAL BACKGROUND

A dependency petition was filed in June 2002 concerning the newborn minor, after the minor and the mother tested positive for methamphetamines *756 at the time of the minor’s birth. According to the petition, the mother had failed to reunify with six other children, and had tested positive for methamphetamines when two of these children were bom.

Initially, the mother identified Joe L. as the minor’s father. However, at the detention hearing, the mother advised the juvenile court through counsel that another individual was the minor’s father. Efforts by the social…