In re Dyann L

Filed 2/7/06 In re Dyann L. CA2/4

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

APPEAL from orders of the Superior Court of Los Angeles County, Stephen Marpet, Referee. Affirmed.

John L. Dodd & Associates, and Lisa A. DiGrazia, under appointment by the Court of Appeal, for Defendant and Appellant.

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Jerry M. Custis, Deputy County Counsel, for Plaintiff and Respondent.

INTRODUCTION

Richard L., the father of Dyann L., appeals from an order terminating his parental rights to the child pursuant to Welfare and Institutions Code section 366.26,[1] as well as from the previous disposition order. He contends that the Department of Children and Family Services (DCFS) did not exercise reasonable diligence in attempting to locate him during the entirety of the dependency proceedings, resulting in the denial of reunification services, and thereby violated his right to due process. He further contends that the court erred by finding him to be Dyann's alleged biological father, having previously found him to be her presumed father. As we shall explain, we conclude that DCFS exercised reasonable diligence in attempting to locate him, and we therefore affirm the orders challenged in this appeal.

factual and procedural background

Dyann (born in November 2002) was detained by DCFS on July 25, 2003, when her mother, Hollie R., was involuntarily hospitalized due to psychiatric illness. Mother's two older children, R. W. and Taylor R.,[2] had been removed from her and she had failed to reunify with them. Dyann was placed in foster care; she was later placed with her maternal great aunt, who was also caring for Taylor.[3]

DCFS filed a section 300 petition on July 30, 2003, alleging that Mother had a history of mental illness and drug abuse, and that she had failed to reunify with R. and Taylor. Father's whereabouts were unknown.

Mother told the social worker that Father was Dyann's father. She did not know where he was. The social worker reported to the court that Father's whereabouts were unknown, as were the whereabouts of any paternal relatives. The social worker said she would submit a due diligence report regarding her attempts to locate Father on September 24, 2003.

At a hearing on August 12, 2003, Mother testified that Father was indeed Dyann's father, and there were no other possible fathers. She did not have his address or a phone number for him. She had tried contacting him at all the numbers she had for him. She stated that she knew where Father's older daughter stayed, and was â€