Joseph G. v. Cyril B.

Opinion

GRIGNON, J.

An alleged biological father, who is not a party of record, seeks reversal of the order terminating parental rights. Concluding he has no standing to appeal, we dismiss the appeal.

[714]

Facts and Procedural Background

Joseph G. was born in October 1998 to Rita G. (mother). No father was named on Joseph’s birth certificate. Joseph was taken into protective custody when he was four days old, because of mother’s history of drug abuse.

1

The man mother identified as Joseph’s father was revealed by paternity testing in late December 1998 to be unrelated. Joseph was declared a dependent child of the court on January 13, 1999. Mother was not present at the hearing. Custody was taken from mother, reunification services were denied, permanent placement services were ordered, and a hearing was scheduled under Welfare and Institutions Code section 366.26

2

for May 12, 1999, to select and implement a permanent plan for Joseph. Thereafter, the Los Angeles County Department of Children and Family Services (Department) did not know mother’s whereabouts for a time. The section 366.26 hearing was continued several times for further reports.

Mother was located in September 1999. She claimed for the first time that Cyril B. was Joseph’s father. Cyril was employed by the County of Los Angeles and had custody of his two children. Cyril told the social worker he “may be the father,” and, if he were, he would like to have Joseph live with him. On September 21, 1999, Cyril was personally served with written notice that: (1) a selection and implementation hearing would be held on January 5, 2000; (2) “[a]t the hearing the [dependency] court may terminate parental rights and free the child for adoption, or establish legal guardianship, or place the child in long-term foster care”; and (3) the social worker recommended “[germination of parental rights and implementation of a plan of adoption.” Cyril did not make a request in the dependency court for a finding of paternity, blood testing, reunification, or any other relief. Cyril did not appear at the hearing on January 5, 2000. The parental rights of mother and the “unknown father aka Cyril [B.]” were terminated. This timely appeal followed.