In re KOBE A.,

Filed 1/17/07

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

In re KOBE A., a Person

Coming Under the Juvenile Court Law.

B190595

(Los Angeles County

Super. Ct. No. CK54233)

LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES,

Plaintiff and Respondent,

FREDERICK S.,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Stephen Marpet, Commissioner. Affirmed.

Joseph D. Mackenzie, under appointment by the Court of Appeal, for Defendant and Appellant.

Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel and Judith A. Luby, Senior Deputy County Counsel for Plaintiff and Respondent.

_____________________________

Frederick S. appeals from the order of the juvenile court terminating his parental rights as to his son, and selecting adoption as a permanent plan. He claims his due process rights were violated by lack of proper notice of the proceedings. We conclude notice was not in accordance with the statutory requirements for notice to an alleged father, but find the error harmless. We affirm the order.

FACTUAL AND PROCEDURAL SUMMARY

Appellant is the biological father of Kobe A., who was born in February 2001. Appellant was incarcerated just two days after Kobe's birth, and remained in prison throughout most of these proceedings.

Kobe's mother and his half-sister, Joy, tested positive for cocaine when Joy was born in September 2003. Voluntary family maintenance services were unsuccessful, and Kobe and Joy were detained by the Department of Children and Family Services (the Department) in December 2003. A dependency petition was filed pursuant to Welfare and Institutions Code section 300,^{^[1]} alleging that mother failed to protect the children. The petition and the detention report named appellant as Kobe's alleged father and Anthony J. as Joy's alleged father. According to the December 29, 2003 addendum to the detention report, appellant's whereabouts were unknown, although the Department was aware that he was incarcerated. There is nothing in the record indicating that appellant was served with the petition or detention report.

On the date set for the detention hearing, the court appointed counsel for mother, and for Joy's father, Anthony J., who had called the court indicating he was ill and unable to appear. Appellant did not appear, and counsel was not appointed for him.

Mother told the court she was living with appellant at the time Kobe was born, but was not married to him. She stated that no one else could be the child's father. She indicated that appellant was incarcerated â€

Description	Notice to alleged father of proceeding at which his parental rights were terminated was statutorily inadequate where it was sent by first class mail, not registered mail, and did not include a copy of the petition or the Judicial Council notice of rights form required by statute. Denial of statutorily required notice was harmless under any standard where alleged father could not establish presumed father status because he was not married to child's mother, did not attempt to marry her, and could not have taken the child into his home since he was incarcerated just two days after the child was born and remained incarcerated until four months before the hearing.
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