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In Re A.R., A Person Coming Under the Juvenile Court Law. v. J.R

January 3, 2012

IN RE A.R., A PERSON COMING UNDER THE JUVENILE COURT LAW. SACRAMENTO COUNTY DEPARTMENT OF HEALTH AND HUMAN SERVICES, PLAINTIFF AND RESPONDENT,
v.
J.R., DEFENDANT AND APPELLANT.



(Super. Ct. No. JD231197)

The opinion of the court was delivered by: Nicholson , Acting P. J.

In re A.R.

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

J.R., the alleged father of minor A.R., appeals from the juvenile court's order which declared him not the minor's presumed father. We affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On December 28, 2010, Sacramento County Department of Health and Human Services (the Department) filed a petition under Welfare and Institutions Code section 300 as to A.R., a 22-month-old female, alleging: On or about December 24, 2010, the minor became ill after ingesting water laced with methamphetamine. Mother (S.G.) failed to seek immediate medical care. After the minor's grandmother called 911, the minor was hospitalized and tested positive for methamphetamine. Mother and J.R. were long-time methamphetamine users. J.R. had suffered multiple criminal convictions related to drug use and/or possession, resulting in extended periods of incarceration and at the time was facing charges of possession of a controlled substance for sale.

According to the detention report, J.R. did not live with mother and was in prison when the minor was born, but identified himself as the father.*fn1 The minor bore his last name. Mother did not have the minor's birth certificate, but believed J.R.'s name was on it.

The minor was placed with the maternal great-aunt and great-uncle. J.R. would like the minor to be placed with a non-related couple who were among his best friends.

Mother had lost custody of four other children, all now adopted.

At the prejurisdictional status hearing, mother and J.R. appeared and received appointed counsel. J.R. stated that the results of his paternity testing were not in yet, but he believed he was the minor's biological father because mother had told him he was. He considered the minor his child and tried to visit or call her every day.

The juvenile court deferred a presumed-father determination until J.R. had consulted with counsel and received the DNA results.

On the first day of the jurisdiction/disposition hearing, February 14, 2011, the juvenile court learned that DNA testing had excluded J.R. as the biological father. However, with mother's support, he sought to be declared the presumed father on the grounds that he had openly held out the child as his own and received her into his home. (Fam. Code, § 7611, subd. (d) [hereafter § 7611(d)].) He stated that he had had the minor in his custody at times since his release from prison, had brought her to his family's home, had claimed her as his own, and had financially supported ...


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