California Court of Appeal

The trial court's order dismissing John B. from this matter after DNA tests showed he was not the father of the minor, and offering reunification services to Brian H., who alleges that he is the biological father, is reversed and remanded, where: 1) DNA test results are not dispositive of John's right to participate in these proceedings; 2) John is not entitled to presumed father status merely because he signed a voluntary declaration of paternity; and 3) the matter is remanded for the juvenile court to consider whether, in view of the DNA test results, setting aside John's voluntary declaration of paternity is appropriate under the facts of this case, whether John is entitled to presumed father status, and for investigation of the minor' possible Indian heritage.

Appellate Information

• Decided 12/11/2013
• Published 12/11/2013

Judges

• SUZUKAWA

Court

• California Court of Appeal

Counsel