\u00a0<\/strong><\/p>\n As early as possible, the juvenile dependency court must determine who are the legal parents of a dependent child\/youth. To be entitled to reunification in a dependency case, that parent must be a legal parent.<\/p>\n If parents of a child are married, or in a registered domestic partnership when the child is born, the law assumes the married parents or domestic partners are the legal parents of that child.\u00a0 However, if a child is born to unmarried parents, parentage may need to be formally established by the court.<\/p>\n\t TABLE OF CONTENTS:<\/p>\n Parentage (aka Paternity)<\/a><\/p>\n The Juvenile Dependency Court’s Inquiry<\/a><\/p>\n Voluntary Declaration of Paternity\/Parentage<\/a><\/p>\n Types of Parents<\/a><\/p>\n Determining parentage can be a complicated but important process. The rights and responsibilities of legal parents differ from the rights and responsibilities of biological or other parents.\u00a0 Biology alone does not determine legal parentage.\u00a0 A child can have more than two legal parents.<\/p>\n Paternity\/Parentage in the case of unmarried parents can be established only by a voluntary declaration of paternity or by court order per Family Code Section 7573.<\/p>\n <\/p>\n At the initial hearing (typically detention), the dependency court has a duty to inquire about parentage.\u00a0 If parentage cannot be established then, the court must continue the inquiry at all subsequent hearings until parentage is established.\u00a0 Specific questions the court must ask include, but are not limited to:<\/p>\n If\/when at any proceeding regarding the child the issue of parentage is addressed by the court:<\/p>\n If there has been no prior determination of parentage:<\/p>\n If the court establishes parentage of the child, the court must sign Parentage-Finding and Judgment (Juvenile) <\/em>form JV-501<\/a> and direct the clerk to transmit the judgment to the local child support agency.<\/p>\n If a Voluntary Declaration of Parentage (VDOP), using form CS 909, has been executed (by both parents) and filed with the California Department of Support Services, that declaration establishes the parentage of a child and has the same force and effect as a judgment of parentage by the court.\u00a0 For more information about establishing parentage\/paternity through a Voluntary\u00a0 Declaration of Parentage, please visit the California Courts website here.<\/a><\/p>\n Family Code 7613 (a) states that if a woman conceives through assisted reproduction with a donor not her spouse, with the consent of another intended parent, that intended parent is treated in law as if he or she were the natural parent of the child.\u00a0\u00a0 Failure to consent in writing does not preclude the court from finding that the intended parent consented if the court finds by clear and convincing evidence that prior to the conception of the child, the woman and the intended parent had an oral agreement that both would be parents of the child.<\/p>\nReview Family Code section 7574<\/a> for more information regarding the Voluntary Declaration of Parentage (VDOP).\u00a0 Due to the fact that the VDOP (CS 909 form) must be witnessed and notarized, a blank copy cannot be obtained online.\u00a0 You can ask for the CS 909 form to be sent to you by mail by e-mailing askpop@dcss.ca.gov<\/u><\/a>, or you can get it at your county’s local child support agency, registrar of births, family law facilitator at your local superior court, or welfare offices. The following categories of parents are relevant to juvenile dependency court proceedings and are defined by statute and\/or case law in the State of California.\u00a0 As discussed above, the type of parent an individual is designated may afford differing rights and responsibilities in a juvenile dependency proceeding.<\/p>\n\t\t\tPRESUMED MOTHER<\/a>\n\t\t\t\t\t\t\tExpand<\/i><\/a>\n\t\t A woman who gives birth with the intention of raising\u00a0 the child is conclusively the presumed mother even if she later abandons the child.\u00a0 In re D.S. <\/em>(2012) 207 Cal.App.4th<\/sup> 1088.<\/p>\n However, where the natural mother is dead, a woman may achieve presumed mother status when she is able to demonstrate that she has held the child out as her own child and accepted the child into her home.\u00a0 In re Salvador M. <\/em>(2003) 111 Cal.App.4th<\/sup> 1353.<\/p>\n\t\t\tPRESUMED FATHER (ALSO REFERRED TO AS PRESUMED PARENT)<\/a>\n\t\t\t\t\t\t\tExpand<\/i><\/a>\n\t\t A presumed father\/parent is a person whom the law presumes to be the legal father\/parent of the child with all of the attendant rights and responsibilities.\u00a0 A presumed father\/parent may or may not be the child’s biological father\/parent.<\/p>\n Family Code Section 7611<\/a> defines presumed father:<\/p>\n A “Kelsey S.” father was defined in a California Supreme Court case, Adoption of Kelsey S. <\/em>(1992) 1 Cal. 4th<\/sup>816.\u00a0 A “Kelsey S.” father is a biological father who (1) is prevented by the other or a third party from establishing a parent-child relationship and (2) promptly acts to assert the parent\/child relationship once the father knows or should have known of the existence of the child.\u00a0 To be considered a “Kelsey S.” father, the parent must demonstrate a full commitment to his\/her parental responsibilities, emotional, financial and otherwise after discovering the existence of the child.\u00a0 Adoption of Kelsey S. <\/em>(1992) 1 Cal. 4th<\/sup>816; In re Hunter W. <\/em>(2011) 200 Cal.App.4th<\/sup> 1454.<\/p>\nA Kelsey S. father\/parent is entitled to reunification services and has the same constitutional protections and due process rights in dependency proceedings as presumed parents. A biological father is a father who is genetically related to the child but who has failed to take any steps to become a presumed father.\u00a0 Michael U. v. Jamie B. <\/em>(1985) 39 Cal.3d 787.<\/p>\n If a biological father appears promptly upon notice of the dependency case, he has the right to develop a relationship with the child.\u00a0 In re Julia U.\u00a0 <\/em>(1998) 64 Cal.App.4th 532.<\/p>\n When a biological father wishes to assert his paternity post termination of reunification services, he must file a Welfare and Institutions Code Section 388 petition and must show the court that recognizing his paternity would be in the child’s best interest. \u00a0In re Vincent M. <\/em>(2008) 161 Cal.App.4th 943.<\/p>\n\t\t\tADJUDICATED PARENT<\/a>\n\t\t\t\t\t\t\tExpand<\/i><\/a>\n\t\t An adjudicated parent is one who has an existing judicial determination that a parent\/child relationship exists.\u00a0 A paternity judgement does not establish presumed parent status but it may rebut a presumption of paternity in favor of another man.<\/p>\n An adjudicated father has established paternity so he is treated as a biological father. He may be granted reunification serviced but is not entitled to them if, and only if he can persuade the court that such reunification services will benefit the child.<\/p>\n\t\t\tALLEGED FATHER<\/a>\n\t\t\t\t\t\t\tExpand<\/i><\/a>\n\t\tAn alleged father is a man who may be the father but whose biological paternity has not been determined and who has not been found to be presumed by the court. Alleged fathers have the right to notice of dependency proceedings, the right to appear before the court, and the right to assert their interest in the child by filing a Statement Regarding Parentage <\/em>form JV-505.\u00a0 An alleged father is not a full party to the case and does not have a right to custody or reunification services unless and until his parentage is established.<\/p>\n\t\t\tEQUITABLE PARENT<\/a>\n\t\t\t\t\t\t\tExpand<\/i><\/a>\n\t\t An equitable parent is a non-biological parent who attempts to take full responsibility for the child but who is prevented from doing so by the mother or a third party.\u00a0 In the Jerry P. <\/em>case, the father supported the mother through her pregnancy and visited the baby every day while it was in the hospital.\u00a0 The baby was abandoned by the mother.\u00a0 CPS prohibited this father from bringing the baby home. He appeared at every hearing, sought presumed father status, completed parenting and CPR classes.\u00a0 On appeal, he was determined by the reviewing court to have done all the things required for a biological father to be a father with Kelsey S.<\/em> status. He had an existing familial relationship with the child; he demonstrated a loving, nurturing, parental relationship with the child; and he had been prevented from physically bringing the child into his home by a third party.\u00a0 In re Jerry P. <\/em>\u00a0(2002) 95 Cal. App. 4th 793.<\/p>\n\t\t\tDOMESTIC PARTNERS<\/a>\n\t\t\t\t\t\t\tExpand<\/i><\/a>\n\t\t A registered domestic partnership is a legally binding contract entered into by two people who want to formalize their relationship without going through a marriage ceremony.\u00a0 Registered domestic partnership is available to all same sex couples and to a heterosexual couple if one partner is at least 62 years of age.\u00a0 Partners may register by filing the Declaration of Domestic Partnership <\/em>form NP\/SF DP-1<\/a> and submitting it with the appropriate fee to the Secretary of State.<\/p>\n If parents are in a registered domestic partnership when a child is born, the law assumes the domestic partners are the legal parents of the child.<\/p>\n\t\t\tADOPTIVE PARENTS<\/a>\n\t\t\t\t\t\t\tExpand<\/i><\/a>\n\t\t And, of course, a legal parentage is established by adoption.<\/p>\n\t <\/p>\n 415.924.0587<\/p>\n <\/p>\n\n\t Legal Disclaimer<\/strong>: Advokids provides educational information and resources to those who use our website, call our hotline, or submit requests for information via the website. Any information provided may not be construed as the giving of legal advice to any person about a particular legal matter and should not be relied upon as the basis for taking a particular action or refraining from taking a particular action in any legal matter. If you want or need legal advice about a particular legal matter, you should consult a lawyer.<\/p>\n\n","protected":false},"excerpt":{"rendered":" Parentage (aka Paternity) \u00a0 As early as possible, the juvenile dependency court must determine who are the legal parents of a dependent child\/youth. To be entitled to reunification in a dependency case, that parent must be a legal parent. If parents of a child are married, or in a registered domestic partnership when the child…<\/p>\n","protected":false},"author":29,"featured_media":0,"parent":182,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"class_list":["post-26546","page","type-page","status-publish","hentry"],"yoast_head":"\nThe Juvenile Dependency Court’s Inquiry<\/h4>\n
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Voluntary Declaration of Paternity\/Parentage<\/h2>\n
\nHere is a sample copy of CS 909<\/a>\nTypes of Parents<\/h2>\n
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\nWelfare and Institutions Code Section 361.5(a)<\/a>\nA child may have more than one presumed parent.\u00a0 In such cases the court is required to weigh the competing claims and determine which claimant should be recognized as the legal parent.
\nFamily Code Section 7612(b)<\/a>\nIn an appropriate action, a court may find that more than two persons with a claim to parentage are legal parents if the court finds that recognizing only two parents would be detrimental to the child.
\nFamily Code Section 7612(c)<\/a>\n\t\t\t“KELSEY S.” FATHER\/PARENT <\/a>\n\t\t\t\t\t\t\tExpand<\/i><\/a>\n\t\t
\nWelfare and Institutions Code Section 361.5(a<\/a>).\n\t\t\tBIOLOGICAL FATHER<\/a>\n\t\t\t\t\t\t\tExpand<\/i><\/a>\n\t\tEven though a father may be biologically related to the child he does not have legal rights and responsibilities to that child in a juvenile dependency case.\u00a0 A biological father is entitled to notice of dependency proceedings and the right to appear in court but is not automatically entitled to reunification services.\u00a0 However, a biological father may be offered reunification services if the court finds that it would benefit the child to do so.
\nWelfare and Institutions Code Section 361.5(a)<\/a>\n
\nFamily Code Section 7630<\/a>\nContact Advokids<\/h4>\n5643 Paradise Drive, Suite 12B
\nCorte Madera, CA 94925\n11833 Mississippi Ave., 1st floor
\nLos Angeles, CA 90025\n