In Re Sabrina H.

217 Cal. App. 3d 702, 266 Cal. Rptr. 274
CourtCalifornia Court of Appeal
DecidedJanuary 3, 1990
DocketD008141
StatusPublished
Cited by22 cases

This text of 217 Cal. App. 3d 702 (In Re Sabrina H.) 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 Sabrina H., 217 Cal. App. 3d 702, 266 Cal. Rptr. 274 (Cal. Ct. App. 1990).

Opinion

217 Cal.App.3d 702 (1990)
266 Cal. Rptr. 274

In re SABRINA H., a Minor.
SAN DIEGO COUNTY DEPARTMENT OF SOCIAL SERVICES, Petitioner and Respondent,
v.
WILLIAM McKENLEY BRIGHT, Objector and Appellant.

Docket No. D008141.

Court of Appeals of California, Fourth District, Division One.

January 3, 1990.

*704 COUNSEL

Elsa Lynn Norbeck and Leslie Ann Rose for Objector and Appellant.

Lloyd M. Harmon, Jr., County Counsel, Daniel J. Wallace, Jodi L. Doucette and Gary C. Seiser, Deputy County Counsel, for Petitioner and Respondent.

OPINION

NARES, J.

William McKenley Bright (Bright), natural father of five-year-old Sabrina H. (Sabrina), appeals from a judgment entered under Civil *705 Code section 7017, subdivision (d),[1] terminating his parental rights and freeing Sabrina for adoption without his consent.

In June 1987 Latina H. (Latina), Sabrina's unwed mother, relinquished three-year-old Sabrina for adoption. Bright claimed parental rights. After a trial on the petition brought by the San Diego County Department of Social Services (DSS), the court found (1) Bright is Sabrina's biological father but not a presumed father under section 7004 and (2) adoption is in Sabrina's best interests.

Because we agree Bright is not a presumed father, we conclude the court correctly determined his consent is not required for Sabrina's adoption. Accordingly, we affirm the judgment.

FACTS AND PROCEDURE

On March 23, 1984, Sabrina was born to 16-year-old Latina in Oceanside, California. Bright, the natural father, visited the hospital the day after birth and has never denied paternity. Latina and Bright neither cohabitated nor married. Bright neither supported Sabrina nor was he ever involved in her life.[2]

Sabrina and Latina resided in Oceanside with Latina's parents. However, in April or May 1986, Sabrina and her half-brother Anthony[3] were removed from Latina's custody and declared dependent children of the juvenile court. When DSS requested Bright's address, Latina offered several "hangouts" but was unsure of Bright's precise address. DSS initiated a parent search.

On June 26, 1986, after DSS located Bright at Tehachapi State Prison, Bright returned a phone message left by Pravinchandra Patel (Patel), the reunification social worker assigned to Sabrina's case. Patel explained Bright's right to a reunification plan, discussed the reunification process and requested that Bright call collect to keep DSS informed of his residence. *706 Patel further informed Bright of the next juvenile court hearing (the six-month review in Sabrina's dependency matter) and advised Bright he had a right to be present at the hearing.

On July 25, 1986, Patel received a letter from Bright requesting Sabrina's picture but stating no position regarding her custody. On August 29, 1986, Patel received a second letter from Bright, indicating his desire to have Sabrina placed with his mother, Jerry White (White).[4]

Because Bright could not be located for the six-month review, DSS initiated a second parent search. Patel addressed letters to two potential Oceanside addresses, but these were returned as undeliverable. In May 1987 Patel received a letter from White indicating Bright received the messages Patel left with White, but Bright had told White, "I don't want to deal with him [Patel]."

On June 19, 1987, after notifying Bright, Latina relinquished Sabrina for adoption. A DSS adoptability assessment indicated Sabrina and Anthony were adoptable. Wingate, the adoptions social worker, was then assigned to Sabrina's (and Anthony's) case.

On November 19, 1987, DSS, to facilitate Sabrina's adoption, filed the petition to terminate Bright's parental rights under section 7017. Bright's location was unknown but another parent search located him in Vista the jail. In December 1987 Bright responded to a DSS letter by calling Wingate collect. Bright indicated his desire to reunify and Wingate prepared a reunification plan, which Bright signed in the Vista jail on January 29, 1988.

On February 19, 1988, the court appointed Elsa Norbeck as counsel for Bright. On April 5, 1988, after a two-day trial where Patel, Latina, Charlotte and Wingate testified, the court granted DSS's motion for judgment under Code of Civil Procedure section 631.8.[5]

The court found Bright was Sabrina's natural father but not a presumed father under section 7004. The court further found Sabrina's best interests *707 would be served if an adoption could proceed without Bright's consent. Accordingly, on April 28, 1988, the court entered judgment terminating Bright's parental rights.

DISCUSSION

Bright urges reversal contending (1) the court abused its discretion in finding he is a nonpresumed father, (2) even nonpresumed natural fathers are entitled to certain protections found in the Welfare and Institutions Code and (3) during the underlying dependency proceedings, he was denied certain statutory protections, due process of law, and reunification services.

I

THE STATUTORY FRAMEWORK

Section 7017 provides in pertinent part: "(b) If a mother relinquishes for, consents to, or proposes to relinquish for or consent to the adoption of a child who does not have (1) a presumed father under subdivision (a) of Section 7004 ... and the alleged father, if any, has not, in writing, denied paternity, waived his right to notice, voluntarily relinquished or consented to the adoption, the agency or person to whom the child has been or is to be relinquished, ... shall file a petition in the superior court to terminate the parental rights of the father....

".... .... .... .... ....

"(d)(2) If the natural father ... claims parental rights, the court shall determine if he is the father. The court shall then determine if it is in the best interest of the child that the father retain his parental rights, or that an adoption of the child be allowed to proceed. The court, in making that determination, may consider all relevant evidence, including the efforts made by the father to obtain custody, the age and prior placement of the child, and the effects of a change of placement on the child. If the court finds that it is in the best interest of the child that the father should be allowed to retain his parental rights, it shall order that his consent is necessary for an adoption. If the court finds that ... it is in the child's best interest that an adoption be allowed to proceed, it shall order that [the father's] consent is not required for an adoption; such a finding terminates all parental rights and responsibilities with respect to the child. Section 4600 does not apply to this proceeding. Nothing in this section changes the rights of a presumed father."

*708 In defining the rights of unmarried fathers, California's Uniform Parentage Act (§ 7000 et seq.) distinguishes between a "presumed father" and one who is merely a "natural father." (Michael U. v. Jamie B. (1985) 39 Cal.3d 787, 790 [218 Cal. Rptr. 39, 705 P.2d 362].) (1a) The statutory purpose is to distinguish between those fathers who have entered into some familial relationship with the mother and child and those who have not. (In re Tricia M. (1977) 74 Cal. App.3d 125, 132-136 [141 Cal. Rptr. 554], cert. den. sub nom. in Detrich v. Sheldon G. (1978) 435 U.S. 996 [56 L.Ed.2d 86, 98 S.Ct.

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Bluebook (online)
217 Cal. App. 3d 702, 266 Cal. Rptr. 274, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-sabrina-h-calctapp-1990.