In re Isaias O.

Filed 6/13/06 In re Isaias O. CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIFTH APPELLATE DISTRICT

THE COURT^*

APPEAL from a judgment of the Superior Court of Madera County. Nancy C. Staggs, Temporary Judge. (Pursuant to Cal. Const., art. VI, § 21.)

Jesse F. Rodriguez, under appointment by the Court of Appeal, for Defendant and Appellant.

Douglas W. Nelson, Acting County Counsel, and William G. Smith, Deputy County Counsel, for Plaintiff and Respondent.

-ooOoo-

Isaias B. (appellant) appeals from the juvenile court's orders denying his Welfare and Institutions Code Section 388^[1] petition and terminating his parental rights (§ 366.26) to his son Isaias O. (Isaias). We will affirm the judgment.

STATEMENT OF THE CASE AND FACTS

On March 5, 2005, newborn Isaias was taken into protective custody at the hospital by the Madera County Department of Public Welfare (department) after he and his mother Guadalupe tested positive for methamphetamine. Isaias's then two-year-old brother A. was also taken into protective custody.

On the day of Isaias's removal, appellant, then identified as Isaias's alleged father, visited Guadalupe and Isaias at the hospital. Appellant and Guadalupe never married nor was appellant identified as Isaias's father on the birth certificate. Further, appellant did not file a voluntary declaration of paternity at the hospital. The whereabouts of A.'s presumed father R. remained unknown throughout these proceedings.

Guadalupe admitted using methamphetamine while she was pregnant with Isaias and stated she did not receive prenatal care for Isaias because she â€