In re J.M. CA1/1

I. BACKGROUND

The minor was the subject of a dependency petition under Welfare and Institutions Code section 300, subdivisions (b) and (e), filed September 6, 2011. At the time of filing, the minor was three months old. The petition alleged the minor had been admitted to the hospital with symptoms, including seizures, brain hemorrhaging, and bone fractures, that are telltale signs of physical abuse. The minor‘s ―sole caregivers,‖ her Mother and D., ―provided an explanation for the injuries that is inconsistent with accidental trauma.‖ Amended and second amended petitions were filed in January 2012 containing materially identical jurisdictional allegations. D. and Mother are not married, but D. lived with Mother prior to and after the minor‘s birth, was present at the birth, and was listed as father on the birth certificate. DNA testing, however, eventually identified K. as the minor‘s biological father. Notwithstanding the test results, D. continued to hold the minor out as his child, while K. had never been a part of the minor‘s life. At a hearing in January 2012, the parties stipulated to D.‘s designation as presumed father, subject to K.‘s later assertion of parental rights.…