Los Angeles County Department of Children and Family Services v. Irene V.
195 Cal. App. 4th 197
| Cal. Ct. App. | 2011Background
- Melissa and Irene, registered domestic partners, separated; Melissa had a premarital relationship with Jesus and conceived M.C. during that relationship.
- M.C. was born in March 2009; Melissa is the birth mother; Irene is claimed as presumed mother due to marriage and cohabitation with Melissa and M.C.
- Jesus learned of paternity, supported Melissa during pregnancy, and engaged with M.C. emotionally and financially before dependency litigation.
- DCFS detained M.C. in 2009 after a violent incident; at detention, Irene was found to be the presumed mother, Melissa the biological mother, and Jesus an alleged father.
- The juvenile court later found three presumed parents (biological mother, presumed mother, and presumed father under Kelsey S.), and placed M.C. with her maternal grandparents, with reunification services.
- This appeal challenges the three-parent finding and seeks reevaluation of parentage and placement under applicable statutes and constitutional standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether three presumed parents may be held simultaneously | M.C. may have three presumptive parents under statutory and constitutional theories. | Supreme Court precedent limits to one “presumed father” and should reconcile competing presumptions. | Remand required to reconcile competing presumptions under 7612(b). |
| Jesus’s status as a presumed father under Kelsey S. | Jesus qualifies as a Kelsey S. father and should be treated as a presumed parent similarly to statutory presumptions. | Jesus does not qualify under 7611(a) or (d) but does under Kelsey S.; his status should be recognized. | Kelsey S. protection applies; Jesus is equivalent to a presumed father for remand purposes. |
| Whether the court properly weighed 7612 presumptions to resolve conflicts | The court should balance competing presumptions rather than maintain three. | The court's failure to weigh presumptions required remand for proper weighing. | Remand to weigh weightier presumptions under 7612(b). |
| Placement of M.C. under W&I Code 361.2 pending parentage resolution | Noncustodial, nonoffending parent (Jesus) should be placed with the child pending resolution. | Placement should be considered only after parentage is resolved; not ripe yet. | Placement remanded; if Jesus remains a presumption, conduct new placement hearing. |
Key Cases Cited
- Kelsey S., 1 Cal.4th 816 (Cal. 1992) (constitutional quasi-presumed father extends parental rights to early mover)
- Elisa B. v. Superior Court, 37 Cal.4th 108 (Cal. 2005) (two mothers and father presumptions; framework for gender-neutral parentage)
- Jesusa V. v. Superior Court, 32 Cal.4th 588 (Cal. 2004) (multiple presumptions; must select weightier policy and logic)
- In re Zacharia D., 6 Cal.4th 435 (Cal. 1993) (presumed vs alleged/biological fathers; burden on presumed status)
- In re Emily R., 80 Cal.App.4th 1344 (Cal. App. 2000) (recognition of parentage presumptions and dependency context)
- Jerry P., 95 Cal.App.4th 793 (Cal. App. 2002) (presumed father status and parental rights in dependency proceedings)
- In re J.L., 159 Cal.App.4th 1010 (Cal. App. 2008) (Kelsey S. rights in dependency context; quasi-presumed status)
- In re Vincent M., 161 Cal.App.4th 943 (Cal. App. 2008) (dependency parentage considerations; limits of presumptions)
- In re Baby Boy V., 140 Cal.App.4th 1108 (Cal. App. 2006) (extension of Kelsey S. principles to dependency context)
- Juvenile v. Johnson, 5 Cal.4th 84 (Cal. 1993) (milestone securing equal treatment in parentage disputes)