In re S.H. CA1/1

Filed 4/4/23 In re S.H. CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

In re S.H., a Person Coming Under the Juvenile Court Law.

SAN FRANCISCO HUMAN SERVICES AGENCY, A164981

Plaintiff and Respondent, (City and County of San v. Francisco Super. Ct. No. JD21-3137) Anthony H., Defendant and Appellant.

Appellant Anthony H. appeals from a juvenile court order denying his request for presumed father status of S.H., a baby girl. After Anthony H. appealed, the juvenile court terminated his and S.H.’s mother’s parental rights, and the order became final. Because we agree with respondent San Francisco Human Services Agency (Agency) that the appeal is moot, we dismiss it. I. FACTUAL AND PROCEDURAL BACKGROUND In May 2021, S.H. came to the attention of the Agency when it received a report of general neglect. She was removed from the home where she had

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been living with her mother and Anthony H. Mother was parenting S.H. with Anthony H, and S.H. has his last name. In July 2021, the Agency received reports that S.H.’s mother had identified five possible fathers. Anthony H. was one of three identified men who came forward as possible fathers. The following month, Anthony H. informed the Agency and juvenile court that S.H. was his daughter and that he and S.H.’s mother continued to live in the same household during the case plan. Anthony H. admitted that he was not present for S.H.’s birth and did not sign her birth certificate because he was hospitalized at that time. In September 2021, the juvenile court took jurisdiction over S.H. (Welf. & Inst. Code, § 300, subd. (b)1) and ordered out-of-home placement with a maternal relative. The court ordered that reunification services be provided for S.H.’s mother, but not Anthony H. since he was an alleged father.2 The court ordered paternity testing for Anthony H. Anthony H. missed his first scheduled paternity test, and a test taken two weeks later showed he was not S.H.’s biological parent. Neither of the other two men who came forward were identified as the biological father. In January 2022, Anthony H. filed a petition under section 388, asking that he be elevated to presumed-father status. In his supporting declaration, Anthony H. attested that he had held S.H. out as his child and told family and friends that S.H. was his child. He stated that S.H. came home to his residence after she was born and that he had cared for her there with her mother. Anthony H. further stated that no one else had stepped forward to