In re A.C. CA1/5

Filed 6/28/13 In re A.C. CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

In re A.C., a Person Coming Under the Juvenile Court Law. J.C., Petitioner, v. A138574 THE SUPERIOR COURT OF CONTRA COSTA COUNTY, Respondent; (Contra Costa County Super. Ct. No. J12-00130) CONTRA COSTA COUNTY CHILDREN AND FAMILY SERVICES BUREAU, Real Party in Interest.

Pursuant to rule 8.452 of the California Rules of Court, petitioner J.C. seeks a writ of mandate directing the juvenile court to vacate its orders denying his request for presumed father status (Fam. Code, § 7611) with respect to his daughter, A.C. (Minor), and setting this matter for a Welfare and Institutions Code section 366.26 hearing on August 6, 2013. We deny the petition. BACKGROUND On January 25, 2012, the Contra Costa County Children and Family Services Bureau (Bureau) filed a juvenile dependency petition alleging Minor, born in February

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2010, was within the jurisdiction of the court under Welfare and Institutions Code, section 300, subdivision (b). The petition alleged Minor‟s mother, C.L. (Mother),1 placed Minor at risk of physical and/or emotional harm because Mother‟s boyfriend, J.C., was physically abusive. The Bureau‟s detention/jurisdiction report related allegations of domestic violence by J.C., but also stated that Mother had recanted the allegations. The Bureau conveyed information from a police report to the effect that Mother had dated and lived with J.C. for five years, and that Mother, J.C., and Minor had lived with J.C.‟s father for the past two and one-half years. On January 26, 2012, the juvenile court detained Minor. In February 2012, the Bureau filed an amended petition adding an allegation that Mother had failed to provide Minor adequate nutrition and medical treatment, resulting in Minor‟s failure to thrive. A March addendum report detailed the medical facts underlying the allegation. On March 29, the juvenile court sustained the amended petition, although the domestic violence allegations were amended to state simply that Mother “was in a domestic violence relationship” with J.C. The Bureau‟s dispositional report indicated J.C. “wanted to raise his status to that of presumed father” and he stated “that he is the father of the child, and that he and [M]other were living together at the time of conception and birth of the child.” J.C. also told the Bureau he did not believe he could care for Minor “right now because he has so many troubles.” Mother denied J.C. was Minor‟s biological father, and she stated J.C. was not affectionate with Minor and did not care for Minor or provide financial support. At the disposition hearing on May 1, 2012, Mother was awarded family reunification services. Although J.C. was aware of the juvenile dependency proceedings and had been interviewed by the Bureau, he did not actually appear in court until March 19, 2013, well over a year after the petition was filed. The court ordered genetic testing, which showed J.C. is Minor‟s biological father.