Elizabeth D. v. San Diego County Health & Human Services Agency

Elizabeth D. appeals a juvenile court order denying her petition to vacate the finding that her children’s stepmother was their presumed mother under Family Code 1 section 7611, subdivision (d). We reverse.

INTRODUCTION

Elizabeth D. is the natural mother of D.S. and E.S. At each child’s birth, she and the children’s father, Derrick S., executed a voluntary declaration of paternity. Elizabeth cared for the children until 2004, when Derrick was granted sole legal and physical custody. She stopped visiting and contacting the children after May 2007. Derrick’s wife, Crystal S., raised the children and held them out as her own.

In 2011 the San Diego County Health and Human Services Agency (Agency) initiated dependency proceedings on behalf of the children. Elizabeth was not present at the jurisdictional hearing. The court granted Crystal’s request for status as the children’s presumed mother under section 7611, subdivision (d). A short time later, Elizabeth appeared in the dependency proceedings and petitioned the court to vacate its finding that Crystal was the children’s presumed mother. The court denied Elizabeth’s petition.

We conclude the juvenile court erred when it…