Sacramento County Department of Health & Human Services v. Takisha M.

Appellant Alber G., the alleged father of the minor, Christopher M., appeals from the juvenile court’s order terminating his parental rights. *158 (Welf. & Inst. Code, §§ 366.26, 395.) 1 Appellant contends the juvenile court erroneously denied him a contested 366.26 hearing. He also contends he was prejudiced by the juvenile court’s failure to follow the statutory procedures for determining paternity. Appellant is mistaken. His right to assert a position regarding his paternal status did not entitle him to a contested 366.26 hearing. And because the minor’s paternity had already been established by a voluntary declaration of paternity, the court did not have to give appellant the notice and form provided for in section 316.2. We will affirm the juvenile court’s order.

Facts and Procedural History

A dependency petition was filed in February 2002 concerning the newborn minor, alleging that the minor tested positive for “THC/marijuana” at birth, the mother had tested positive for cocaine during her pregnancy, and the mother had failed to reunify with five other children as a result of her substance abuse. The mother named Roger D. as the minor’s father, and he was named as…