In re A.C. CA6

Filed 4/8/21 In re A.C. CA6 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SIXTH APPELLATE DISTRICT

In re A.C., a Person Coming Under the H048291 Juvenile Court Law. (Santa Clara County Super. Ct. No. 20JD026373)

OPINION SANTA CLARA COUNTY DEPARTMENT OF FAMILY AND CHILDREN’S SERVICES,

Plaintiff and Respondent,

v.

G.C.,

Defendant and Appellant.

THE COURT1 APPEAL from orders of the Superior Court of Santa Clara County. Amber Rosen, Judge. Elizabeth Klippi for Appellant G.C. James R. Williams and Laura Underwood for Plaintiff and Respondent Santa Clara County Department of Family and Children’s Services (Department). -ooOoo-

1 Before Greenwood, P.J., Elia, J. and Danner, J.

I. INTRODUCTION G.C. is the father of A.C., an infant who was born in March 2020 and has been a dependent of the juvenile court since July 2020. G.C. claimed to be A.C.’s father since birth, but despite having many opportunities to participate in genetic testing to establish his paternity prior to the jurisdiction and disposition hearing in juvenile court, G.C. failed to do so. Over G.C.’s objection and request for additional time to complete genetic testing, the juvenile court proceeded with the jurisdiction hearing without establishing G.C.’s parentage and ordered A.C. a dependent of the court. (Welf. & Inst. Code, § 300.)2 On appeal, G.C. asserts the court’s decision to proceed to establish jurisdiction without establishing his parentage was an abuse of discretion and denied him due process of law. After G.C. filed this appeal, the juvenile court declared G.C. to be A.C.’s biological father and ordered that G.C. receive family reunification services and visitation. Because the issue on appeal is the juvenile court’s establishment of G.C.’s parentage, and the court has since recognized G.C. as the biological parent of A.C., we dismiss this appeal as moot. II. FACTUAL AND PROCEDURAL BACKGROUND A.C. was born in March 2020 with methamphetamine in her system due to her mother’s drug use during pregnancy. In March 2020 the Department filed a section 300 petition requesting that the court take jurisdiction over A.C. because she was at risk due to the mother’s substance abuse. The mother told the social worker that G.C. was A.C.’s father and had not yet signed a declaration of parentage due to COVID-19 restrictions at the hospital when A.C. was born. The mother told the social worker that she believed