In re T.G. CA1/5

T.G. tested positive for cocaine at birth and was removed from the custody of his mother, Deanna G. (mother). Appellant T.B. (father) was not married to mother and did not reside with her, but was subsequently determined to be T.G.’s biological father. He appeared at the jurisdiction hearing, requested paternity testing, and stated that he would seek custody if T.G. was his son. Although ultimately recognizing T.B. as T.G.’s “presumed father,” the juvenile court terminated the parental rights of both mother and father. (Welf. & Inst. Code, § 366.26.) Father appeals, arguing that the order terminating his parental rights was constitutionally invalid because the juvenile court never made a finding that he was an unfit parent. We agree and reverse.

I. The Law Regarding Parentage

“The Uniform Parentage Act (Fam. Code, § 7600 et seq.) . . . provides the statutory framework by which California courts make paternity determinations. [Citations.] Under this statutory scheme, California law distinguishes ‘alleged,’ ‘biological,’ and ‘presumed’ fathers. [Citation.] ‘A man who may be the father of a child, but whose biological paternity has not been established, or, in the…