R.P.

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

Good Law
140 Cal. Rptr. 3d 881·2012 Cal. App. LEXIS 563·205 Cal. App. 4th 1306·2012 WL 1663425
Court of Appeal of CaliforniaMay 14, 2012No. B234419California2,930 words

Opinion

Lead Opinion

Klein, J.

R.P, the alleged father of B.C., appeals an order granting his request for paternity testing but requiring him to pay for the testing. We conclude that, because R.P. appeared in the dependency proceedings and filed a Statement Regarding Parentage Judicial Council form (JV-505) in which he requested a determination of biological paternity, the juvenile court was obliged to make that determination, whether by genetic testing or otherwise. (Welf. & Inst. Code, § 316.2; Cal. Rules of Court, rule 5.635.) 1 We therefore reverse the juvenile court’s order and remand for a determination of biological paternity.

FACTS AND PROCEDURAL BACKGROUND

1. Detention of B.C.

In July of 2009, the Los Angeles County Department of Children and Family Services (the Department) took eight-year-old B.C. into protective custody after his mother (mother) left him with a friend without making arrangements for the child’s care. Mother identified R.P. as B.C.’s father but *1309 said R.P. had never been a part of B.C.’s life and she had no information regarding R.P.’s whereabouts or date of birth.

At the detention hearing, the juvenile court ordered B.C. detained in foster care and declared R.P. his…

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