In re Steven L. CA5

Filed 9/10/13 In re Steven L. CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA FIFTH APPELLATE DISTRICT

In re STEVEN L., a Person Coming Under the Juvenile Court Law. TULARE COUNTY HEALTH AND HUMAN SERVICES AGENCY, F066983 Plaintiff and Respondent, (Super. Ct. No. JJV060662C) v. OPINION MONICA W., Defendant and Appellant. In re STEVEN L., a Person Coming Under the Juvenile Court Law. TULARE COUNTY HEALTH AND HUMAN SERVICES AGENCY, F066984 Plaintiff and Respondent, (Super. Ct. No. JJV060662C) v. STEVEN L., Defendant and Appellant. THE COURT* APPEAL from orders of the Superior Court of Tulare County. Juliet L. Boccone, Judge. Julie E. Braden, under appointment by the Court of Appeal, for Defendant and Appellant, Monica W.

* Before Wiseman, Acting P.J., Levy, J., and Franson, J.

Gino de Solenni, under appointment by the Court of Appeal, for Defendant and Appellant, Steven L. Kathleen Bales-Lange, County Counsel, and John A. Rozum, Deputy County Counsel, for Plaintiff and Respondent. -ooOoo- Appellant Steven L., Sr. (father) is the biological father of one-year-old Steven L., Jr. (Steven), the subject of this appeal. Father appeals from the permanency planning hearing held pursuant to Welfare and Institutions Code section 366.261 at which the juvenile court terminated his parental rights as well as those of Steven’s mother, Monica. Father contends the juvenile court erred in denying him presumed father status under Adoption of Kelsey S. (1992) 1 Cal.4th 816 (Kelsey S.). Monica joins in father’s argument. We affirm the judgment. PROCEDURAL AND FACTUAL SUMMARY In July 2012, then two-month-old Steven was removed from Monica’s custody along with his 20-month-old half sister Madison because of Monica’s methamphetamine use and failure to ensure Steven received adequate medical care. Father was in state prison at the time with an expected release date of August 2012. Madison’s father, Jonathan, was also in state prison. The Tulare County Health and Human Services Agency (agency) filed a dependency petition seeking the children’s removal. In July 2012, the juvenile court conducted a detention hearing and appointed counsel for Monica, father and Jonathan. Monica testified she was not married to father and was not living with him when Steven was born. She also testified father was not named as Steven’s father on Steven’s birth certificate. Following her testimony, the