In re GLADYS L.,
Filed 7/25/06
CERTIFIED FOR PUBLICATION
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION EIGHT
| In re GLADYS L., a Person Coming Under the Juvenile Court Law. | B186442 c/w B188355 (Los Angeles County Super. Ct. No. CK49941) |
| LOS ANGELES COUNTY DEPARTMENT OF CHILDREN AND FAMILY SERVICES, Plaintiff and Respondent, v. ALEX C., Defendant and Appellant. |
APPEAL from a judgment of the Superior Court of Los Angeles County.
Marilyn K. Martinez, Juvenile Court Referee. Reversed.
Karen B. Stalter, under appointment by the Court of Appeal, for Defendant and Appellant.
Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel and Pamela S. Landeros, Deputy County Counsel for Plaintiff and Respondent.
We reverse the juvenile court's order terminating Alex C.'s parental rights over his daughter Gladys. Before a juvenile court may terminate a presumed father's parental rights over his child, the juvenile court must find by clear and convincing evidence that the presumed father is unfit. Here, it was neither alleged nor proven that Alex was an unfit parent.
FACTUAL AND PROCEDURAL BACKGROUND
Gladys and her two siblings became dependants of the juvenile court while they were in the custody of their mother, who is not a party to this appeal. Gladys's father, Alex C., appeared at the detention hearing in August 2002 and submitted to the court's jurisdiction. He was represented by counsel. The juvenile court found him to be Gladys's presumed father. Alex was a nonoffending parent, but at the detention hearing the Department of Children and Family Services (DCFS) warned that it might amend the Welfare and Institutions Code[1] section 300 petition to name him. The court refused to make â€
