In Re Liam L.

101 Cal. Rptr. 2d 13, 84 Cal. App. 4th 739
CourtCalifornia Court of Appeal
DecidedNovember 1, 2000
DocketD035478
StatusPublished
Cited by17 cases

This text of 101 Cal. Rptr. 2d 13 (In Re Liam L.) is published on Counsel Stack Legal Research, covering California Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Liam L., 101 Cal. Rptr. 2d 13, 84 Cal. App. 4th 739 (Cal. Ct. App. 2000).

Opinion

101 Cal.Rptr.2d 13 (2000)
84 Cal.App.4th 739

In re LIAM L., a Person Coming Under the Juvenile Court Law.
San Diego County Health and Human Services Agency, Plaintiff and Appellant,
v.
Richard L., Defendant and Respondent.

No. D035478.

Court of Appeal, Fourth District, Division One.

November 1, 2000.

John J. Sansone, County Counsel, Susan Strom, Chief Deputy County Counsel, and Kathryn E. Krug, Deputy County Counsel, for Plaintiff and Appellant.

Linda M. Fabian, under appointment by the Court of Appeal, for Defendant and Respondent.

Suzanne F. Evans, San Diego, under appointment by the Court of Appeal, for Minor.

*14 O'ROURKE, J.

San Diego County Health and Human Services Agency (Agency) appeals an order and judgment of the juvenile court determining Richard L. to be the presumed father of Liam L. Agency contends the court erred in concluding that Richard was a presumed father based solely on a voluntary declaration of paternity (Fam. Code, § 7570 et seq.)[1] signed by Richard and Liam's mother Hidey E. We affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

Liam was born in January 2000 with an imperforate anus, and doctors performed a colostomy on him one day after his birth. The day following the surgery, Hidey and Richard signed a voluntary declaration of paternity at the hospital on a form prepared by the Health and Welfare Agency of the California Department of Social Services.

Hospital employees placed a hold on Liam and referred the family to Agency because of concerns regarding the parents' ability to care for Liam. Hidey and Richard missed two scheduled training sessions to teach them colostomy care, and Richard presented himself at the hospital with alcohol on his breath on several occasions. In addition, Richard and Hidey did not have stable housing. They were living at a motel and a local charity paid for their room.

On February 8, 2000, Agency filed a petition under Welfare and Institutions Code section 300, subdivision (b), alleging that Hidey and Richard were unable to provide specialized care for Liam's medical needs. Both Richard and Hidey completed paternity questionnaires that identified Richard as Liam's father. However, Hidey was married to David E. who was considered Liam's presumed father by marriage. Hidey had lost all contact with David and efforts to locate him were unsuccessful.

At the jurisdiction hearing, the court considered the issue of paternity. The court granted Richard's request for presumed father status based on the voluntary declaration of paternity that he signed at the hospital where Liam was born. The court sustained the petition, declared Liam a dependent, and ruled that Agency had undertaken due diligence in its unsuccessful attempts to locate Hidey's husband David.

Observing that its rulings resulted in two presumed fathers, the court conducted further hearings "to conduct the public policy balancing of the two fathers" under section 7612, subdivision (b). The court found Richard to be Liam's sole presumed father and entered a paternity judgment in Richard's favor. In its disposition order, the court placed Liam in a licensed foster home and ordered reunification services for both Hidey and Richard.

DISCUSSION

The sole issue raised on appeal is whether a voluntary declaration of paternity executed and filed in compliance with section 7570 et seq., entitles the male signatory to presumed father status in dependency proceedings. The resolution of this issue depends solely on statutory interpretation and is subject to our independent review. (People v. Woodhead (1987) 43 Cal.3d 1002, 1007-1008, 239 Cal.Rptr. 656, 741 P.2d 154.) Before determining whether Richard is entitled to presumed father status, we briefly summarize background law regarding voluntary declarations of paternity.

A

Voluntary Declarations of Paternity

In 1993, our Legislature enacted section 7570 et seq.,[2] providing for establishment *15 of paternity by voluntary declaration. Section 7570, subdivision (b), declares there is a compelling state interest in establishing a simple system allowing for establishment of voluntary paternity, so that there will be a "significant increase in paternity establishment, an increase in the number of children who have greater access to child support and other benefits, and a significant decrease in the time and money required to establish paternity due to the removal of the need for a lengthy and expensive court process to determine and establish paternity...." (Ibid.)

Since January 1, 1995, California hospitals have been required to provide a form for voluntary declaration of paternity with explanatory materials to every unmarried woman who has given birth to a child.[3] (§ 7571, subd. (a).) The Department of Child Support Services, California Association of Hospitals and Health Systems, and other affected health organizations have developed and drafted materials explaining our state's program for voluntary declaration of paternity. (§ 7572, subd. (a).) The explanatory materials are attached to the declaration form and must warn parents that: (1) signing and filing the declaration establishes paternity; (2) legal rights and obligations of the parents and the child result from establishment of paternity; (3) the alleged father has the constitutional right to have the issue of paternity decided by a court; and (4) by signing the voluntary declaration of paternity, the father waives that constitutional right. (§ 7572, subd. (b).)

The form for the voluntary declaration must contain: (1) the names and signatures of both the mother and father; (2) the name and date of birth of the child; (3) a statement by the mother that she has read and understood the explanatory forms, that the man signing the declaration of paternity is the only possible father, and that she consents to the establishment of paternity; (4) a statement by the father that he has read and understood the explanatory forms, that he understands by signing the declaration he waives his rights as described in the explanatory materials, that he is the child's biological father, and that he consents to the establishment of paternity; and (5) the name and signature of the hospital staff member who witnessed the parents' execution of the paternity declaration. (§§ 7574, subd. (b), 7571, subd. (a).)

Here, Richard and Hidey both signed a voluntary declaration of paternity two days after Liam's birth, declaring that Richard was Liam's father. The Health and Welfare Agency of the California Department of Social Services prepared the form signed by the parents and witnessed by a hospital employee.[4] The first page of the form warned the parents that a properly executed declaration would "legally establish the man as the child's father without going to court. This will give the father parental rights such as the right to seek child custody and visitation through a court action and to be consulted about the adoption of the child." (Italics added.) The materials further cautioned that "[a] signed declaration of paternity will have the same effect as a court order establishing paternity for the child. If your child does not live with you and a court action is filed, you may be ordered to pay child support."

The program for voluntary declaration of paternity originally provided that a voluntary *16 declaration of paternity gave rise to a conclusive presumption of paternity.[5]

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Cite This Page — Counsel Stack

Bluebook (online)
101 Cal. Rptr. 2d 13, 84 Cal. App. 4th 739, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-liam-l-calctapp-2000.