In re S.H.

Good Law
Court of Appeal of CaliforniaAugust 12, 2022A163623California4,126 words

Opinion

Opinion

I.

FACTUAL AND PROCEDURAL

BACKGROUND

The infant minor came to the attention of the Agency in May 2021 when it received a report of general neglect. Mother was parenting with a man named Anthony H., who shares a last name with the minor. He missed a scheduled paternity test and, as of the time of the disposition hearing, there were no results indicating whether he was the biological father. He is not a party to this appeal, although he has a separate appeal from an order denying his request to be designated as a presumed father. (In re S.H. (A164981).) The parties agree that unless Anthony H. is so designated, any information he provided regarding possible Native American ancestry is not relevant in these proceedings. (In re Daniel M. (2003) 110 Cal.App.4th 703, 707–708 [ICWA does not apply to alleged fathers]; 25 U.S.C. § 1903(9) [definition of “parent” excludes an “unwed father where paternity has not been acknowledged or established”].) Anthony H. was still part of these proceedings when, in May 2021, a social worker met with him and Mother and asked about possible Native American ancestry. They both reported that there was no known ancestry on either the maternal or paternal…

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