In re K.C. CA2/3

California Court of Appeal·Decided November 26, 2025·No. B342822·Unpublished

Opinion

Filed 11/26/25 In re K.C. CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

In re K.C., a Person Coming B342822 Under the Juvenile Court Law. Los Angeles County LOS ANGELES COUNTY Super. Ct. No. DEPARTMENT OF CHILDREN 22CCJP00042 AND FAMILY SERVICES,

Plaintiff and Respondent,

v.

A.P.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Ashley Price, Judge. Affirmed. Maryann M. Goode, under appointment by the Court of Appeal, for Defendant and Appellant. Dawyn R. Harrison, County Counsel, Kim Nemoy, Assistant County Counsel, Bryan Mercke, Deputy County Counsel, for Plaintiff and Respondent. _________________________ Father A.P. appeals from the juvenile court’s order declining to place father’s son K.C. with his paternal aunt at the December 11, 2024 relative placement hearing under section 361.3 of the Welfare and Institutions Code.1 We find no prejudicial error and affirm. FACTUAL AND PROCEDURAL BACKGROUND On January 4, 2022, DCFS filed a section 300 petition on behalf of K.C., who was then two years old, based on the history of domestic violence between mother and her boyfriend R.B.—the father of K.C.’s yet to be born half siblings S.B. and R.A.B.2 The petition listed K.C.’s father as unknown. DCFS had removed K.C. from mother’s care on December 30, 2021 and placed him with resource parent Ms. E.B. The detention report stated mother said K.C.’s father’s name was Anthony C., and he was 27 years old. She said father hadn’t had any contact with K.C. since his birth, and he currently was incarcerated. DCFS reported there were “no relatives to consider for placement . . . .” Mother filed a parentage questionnaire on January 7, 2022, through counsel. She alleged Anthony P.—not Anthony C.—as K.C.’s father. She gave his birthdate as “12/25/2022.” Mother indicated father was not present at K.C.’s birth nor named on the

1 Statutory references are to the Welfare and Institutions Code. 2 The court declared S.B. (born February 2022) and R.A.B. (born November 2022) dependents on March 21 and December 16, 2022, respectively. S.B. and R.A.B. are not the subject of this appeal. Mother and R.B. are not parties to this appeal.

2 birth certificate. At the January 7 detention hearing, the court found Anthony P. was K.C.’s alleged father. The court detained K.C. and ordered DCFS “to present evidence of due diligence in attempting to locate father.” “Anthony P[.’s]” whereabouts were unknown. DCFS initiated a due diligence search for him on January 12, 2022. DCFS searched “Anthony P[.]; DOB: 12/25,” because mother didn’t know father’s birth year. The search was unsuccessful. The search sources—including the Department of Corrections and Rehabilitation, the Federal Bureau of Prisons, and the County Jail—found no records, indicating “[n]eed [c]omplete DOB to specifically identify.” At the January 31, 2022 adjudication hearing, the court (Commissioner Peter R. Navarro) found “due diligent efforts ha[d] been made to locate” father, those efforts “were unsuccessful,” and the due diligence as to father was complete. The court sustained the petition and set the disposition hearing for March 2, 2022. (The court also had DCFS search “Anthony [C.].”) At the disposition hearing, the court declared K.C. to be a dependent of the juvenile court, removed him from parents’ custody, and ordered him suitably placed. The court ordered DCFS to provide mother with family reunification services. The court bypassed reunification services for father under section 361.5, subdivisions (a) and (b)(1), as he was an alleged father and his whereabouts were unknown. At mother’s counsel’s request, the court ordered DCFS to assess the caretaker of K.C.’s newborn half sibling S.B. for K.C.’s placement.3 On August 30, 2022, the court continued mother’s reunification services.

3 The caretaker couldn’t accept more children.

3 On January 31, 2023, K.C. was placed with a new caregiver, Ms. A.B. Ms. E.B. had asked for K.C. to be re-placed “due to the tumultuous relationship” she had with mother. K.C.’s half sibling S.B. also was placed with Ms. A.B. R.A.B. was placed with resource parent Ms. S. On February 28, 2023, the court continued mother’s reunification services. DCFS reported that, on July 19, 2023, paternal grandmother had called the social worker. Paternal grandmother told the social worker father was incarcerated, and she wanted to establish paternity on his behalf. The social worker stated she had been receiving calls from father, but they had dropped when she tried to accept them. On August 24, DCFS informed the court through a last minute information (LMI) that father had reached the social worker on August 15. He told the social worker his place of incarceration and that he wanted his mother—paternal grandmother—to care, and provide permanence, for K.C. Father stated he understood mother wanted the siblings to stay together, but his family would take only K.C. Father asked to complete a DNA test before DCFS “proceed[ed] in having [K.C.] under his mother’s care.” Father also told the social worker his sisters, paternal aunts A.P. and P.T., could assist in K.C.’s care. At the August 28, 2023 hearing, minors’ counsel reiterated the LMI’s report, and father’s request that K.C. be placed with paternal grandmother if he established paternity. Minors’ counsel asked the court to order the DNA test. DCFS’s counsel noted a paternal aunt might also be available for placement. Mother said she wanted her children to stay together. The court ordered the DNA test and set a September 27 return hearing date.

4 Meanwhile, an associate social worker had interviewed paternal grandmother and paternal aunt P.T. on August 23, 2023, as part of DCFS’s concurrent planning assessment. Paternal grandmother “ ‘want[ed] adoption’ ” and was open to adopting K.C.’s two half siblings, as well. Paternal grandmother had not yet met K.C. P.T. said, “ ‘If it came down to it, I’m willing to offer adoption or legal guardianship but just for the one child (K[.C.]). He is family and we have a responsibility to him. If we are able to help, we will help.’ ” P.T. never had met K.C., but she knew of him. The social worker also called paternal aunt A.P. but she was getting on a plane. On August 25 and 29, the social worker called and left a voicemail for A.P., and also texted her, but as of September 20 A.P. had not contacted the social worker. Earlier, the social worker had spoken to K.C.’s and S.B.’s caregiver, Ms. A.B. She wanted to adopt the two boys and was open to providing permanency for their sibling R.A.B. Ms. A.B. said she was open to the boys having continued visits with R.A.B. if she were unable to adopt him. DCFS recommended the concurrent plan of adoption for K.C. and S.B. by Ms. A.B.4 On September 14, 2023, the court terminated mother’s reunification services and set the matter for a section 366.26 hearing. The minute order noted father was not offered reunification services. In its LMI for the September 27 hearing, DCFS informed the court it had not received the DNA test

4 These interviews were documented in a concurrent planning assessment report, completed on September 20, 2023. DCFS filed the report on January 5, 2024, with its section 366.26 report.

5 results. The court confirmed the DNA samples had been received, but the results were not in. The court continued the matter to October 11 for a report on the results. On October 10, 2023, DCFS still had not received father’s DNA results.

Free access — add to your briefcase to read the full text and ask questions with AI

In re K.C. CA2/3, (Cal. Ct. App. 2025).

In re K.C. CA2/3 (In re K.C. CA2/3) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Steven A. v. Rickie M.
823 P.2d 1216 (California Supreme Court, 1992)
In Re Stephanie M.
867 P.2d 706 (California Supreme Court, 1994)
Ansley v. Superior Court
185 Cal. App. 3d 477 (California Court of Appeal, 1986)
In Re Esperanza C.
165 Cal. App. 4th 1042 (California Court of Appeal, 2008)
People v. Brian K.
126 Cal. Rptr. 2d 580 (California Court of Appeal, 2002)
Cesar v. v. Superior Court
111 Cal. Rptr. 2d 243 (California Court of Appeal, 2001)
Los Angeles County Department of Children & Family Services v. Joseph T.
163 Cal. App. 4th 787 (California Court of Appeal, 2008)
ALICIA B. v. Superior Court
11 Cal. Rptr. 3d 1 (California Court of Appeal, 2004)
In Re Celine R.
71 P.3d 787 (California Supreme Court, 2003)
San Diego County Health & Human Services Agency v. Alejandro G.
246 Cal. App. 4th 708 (California Court of Appeal, 2016)
Santa Clara County Department of Family and Childrren's Services v. J.J.
210 Cal. App. 4th 541 (California Court of Appeal, 2012)
Sacramento Dep't of Health & Human Servs. v. A.L. (In re A.K.)
218 Cal. Rptr. 3d 845 (California Court of Appeals, 5th District, 2017)