1

Filed 1/25/22 In re G.D. CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for 

publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication 

or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(San Joaquin)

----

In re G.D., a Person Coming Under the Juvenile Court 

Law.

C093850

SAN JOAQUIN COUNTY HUMAN SERVICES 

AGENCY,

Plaintiff and Respondent,

v.

J.E. et al.,

Defendants and Appellants. 

(Super. Ct. No. 

STK-JV-DP-2019-0000225)

J.E., the biological father (father), and N.A., the biological mother (mother), of the 

infant minor G.D. (minor), appeal from orders terminating their parental rights and 

freeing the minor for adoption. Specifically, father and mother assert that the trial court 

erred in failing to conduct a mandatory paternity inquiry as provided by Welfare and 

Institutions Code section 316.2.1 We disagree and shall affirm.

1 Undesignated statutory references are to the Welfare and Institutions Code.
2

FACTUAL AND PROCEDURAL BACKGROUND

Test results from two of mother’s prenatal appointments returned positive for 

amphetamine and marijuana. On April 6, 2019, the San Joaquin County Human Services 

Agency (Agency) was informed that mother tested negative for substances when she gave 

birth to the minor, but they were unable to test the minor’s urine sample because it was 

contaminated. 

The Agency social worker interviewed mother regarding concerns about the 

minor’s exposure to drugs in utero. Mother identified S.D., who was present during the 

interview, as the minor’s father and part of her support system. Mother reported that she 

had an “on and off” relationship with the minor’s purported father, S.D. The reporting 

party stated that S.D. did visit mother and the minor in the hospital. For his part, S.D. 

told the social worker that he signed the declaration of paternity. He denied knowledge

of mother’s drug use because they “were broken up during the pregnancy for a little bit,” 

but noted that mother was currently sober. 

On April 18, 2019, mother advised the social worker that an incident of domestic

violence had occurred between her and S.D. The social worker then obtained a protective 

custody order due to mother’s lack of follow through with the safety plan. At the 

subsequent detention hearing, S.D. again affirmed that he was the minor’s father. The 

juvenile court found that S.D. was an alleged father because he claimed he signed the 

declaration of paternity but could not provide a copy. At the jurisdictional hearing, the 

Agency informed the court that a copy of the minor’s birth certificate was obtained but 

did not list anyone as the minor’s father. The court ordered DNA testing for S.D. 

At a subsequent jurisdictional hearing, mother submitted on jurisdiction and the 

court found the allegations of the petition true and ordered mother to be assessed by the 

drug court. The Agency informed the court that S.D. did not appear for paternity testing 

and was referred again for testing. The Agency’s September 11, 2019 disposition report 

showed several referrals for paternity testing were made for S.D. but remained pending 
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because S.D. was incarcerated with a release date of September 2, 2019. Mother and 

S.D. did not appear at the September 17, 2019 dispositional hearing, at which the parties 

submitted on disposition. The Agency advised the court that the paternity results 

excluded S.D. as the biological father of the minor, and he was dismissed from the 

dependency proceeding. 

At the December 3, 2019 hearing on paternity issues, the Agency informed the 

court that mother named L.B. as the father of the minor. L.B. stated he believed he was 

the biological father, so the court ordered DNA testing for him. DNA testing excluded 

L.B. as the minor’s biological father and he also was dismissed from the dependency case

on January 21, 2020. During this hearing, with all parties present, the court inquired, 

“And do we have any other candidates as possible father?” The Agency responded, “Not 

that the mother has told us at this time.” 

On February 28, 2020, S.D.’s sister and her husband, who had been caring for the 

minor during the proceedings, filed a request to be appointed as the minor’s de facto 

parents. The Agency’s March 5, 2020 status review report reflected that mother gave 

father J.E.’s name as another alleged father of the minor in March 2020 but did not 

provide any identifying or contact information to assist the Agency in locating him. The 

minor was stable in placement and shared a strong bond with her caregivers, who were 

willing to adopt the minor if mother failed to reunify. 

Mother was not present at the March 10, 2020 hearing and the court ordered her 

reunification services terminated and granted de facto parent status to the minor’s

caregivers. On May 11, 2020, the Agency filed a declaration naming father as the alleged 

father of the minor, stating that reasonable diligence was exercised in attempts to locate 

father, as demonstrated in the absent parent locator report dated March 26, 2020, and 

requesting that service to father and any unknown father of the minor be made by 

publication in the newspaper. An order for publication was signed by the court on 
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May 11, 2020. On June 8, 2020, the notice to father and any unknown father of the 

minor was posted in the local newspaper. 

The Agency’s June 9, 2020 section 366.26 report reflected that mother still was 

not able to provide any information to assist the Agency in locating father. The Agency 

recommended terminating parental rights with a permanent plan of adoption for the 

minor. At the July 8, 2020 section 366.26 hearing, the Agency informed the court that 

father had made contact the previous day and indicated that mother recently informed 

him that the minor might be his child. The court continued the matter for six weeks and 

ordered paternity testing. Subsequently, at an October 16, 2020 appointment of counsel 

hearing, father appeared for the first time in the dependency proceedings and the court 

found he was the biological father of the minor based on the paternity testing results, 

appointed counsel, and authorized supervised visits between father and the minor. 

At the October 21, 2020 contested section 366.26 hearing, minor’s counsel 

objected to visitation because the proceedings were at the section 366.26 hearing stage, 

the minor was 18 months old, and she had never met father. The court vacated the 

visitation order and continued the hearing. 

On October 27, 2020, the Agency filed a section 342 subsequent petition alleging

that new facts or circumstances unknown at the time of the initial petition existed, 

including the discovery that father was the biological father of the minor, his ability to

care for her was unknown, he was not a legal resident of the United States, and the 

Agency was unable to complete a background check due to his immigration status. At 

the October 28, 2020 jurisdictional hearing, the court ordered no visitation for father and 

continued the matter. The Agency’s December 11, 2020 report showed that mother 

engaged in a brief relationship with father. Father indicated that he knew mother was 

pregnant but was uncertain if the child was his because she continued to be involved with 

other men while in a relationship with him. Father reported that mother contacted him in 

July 2020 to inform him about the birth of the minor and the possibility that he was the 
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biological father. The report showed that after paternity was established, father initially 

told the Agency he intended to take custody of the minor; however, father failed to 

contact the Agency after paternity was established at the October 16, 2020 appointment 

of counsel hearing and was not responsive to phone calls or text messages for nearly two 

months. The Agency reported that the minor’s current placement was most suitable and 

did not recommend any changes. The Agency reported that offering reunification 

services to father was not in the minor’s best interest because the minor did not have a 

relationship with, and had never met, father. The Agency stated that the minor was over 

the age of one and had been in the same foster home since her release from the hospital 

and had a strong bond with the family, which was willing to provide permanency to the 

minor through adoption. 

At the December 16, 2020 section 342 subsequent petition hearing, minor’s 

counsel objected to father’s visitation request, and the court denied the request and 

ordered father be present at the next hearing. Father and mother did not appear at the 

January 25, 2021 section 342 subsequent petition hearing, and father’s counsel did not 

have a reason for father’s absence and requested a continuance. The Agency opposed a 

continuance and advised the court that there had been no contact with father since the 

December 16, 2020 hearing and that father was not answering or returning phone calls. 

The court also was reminded that father was present and had been ordered to appear 

when the hearing was set. The Agency then informed the court that the section 342

jurisdiction/disposition report was filed and recommended not providing reunification 

services to father because it would not be in the best interest of the minor. The court 

denied the request for a continuance and heard argument from father’s counsel, who 

noted that the establishment of his paternity in this case was delayed because mother 

named two other men as potential fathers before him, but he nevertheless indicated that 

he wished to take custody of the minor. 
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The minor’s counsel submitted on jurisdiction and disposition and noted that while 

father was biological, he was never in the minor’s life. The Agency argued that it had no 

knowledge of father’s existence and that mother initially provided two other men as 

possible fathers and the Agency took steps to verify her statements. Mother waited to 

provide father’s name and did not provide any contact information. The Agency argued 

that efforts were made to obtain information about father, but no identifying information 

was available because father was not a legal resident and, therefore, no background 

information such as criminal or Child Protective Services history could be obtained in 

Mexico or the United States. The Agency stated that it was required to conduct a 

background check before releasing a minor from protective custody to a parent who was 

previously unknown in a dependency case. At the conclusion of argument, the court 

found the allegations in the petition true and noted that father was aware of mother’s 

pregnancy and did not “check on anything else following that.” 

The Agency’s February 8, 2021 supplemental section 366.26 report showed that 

father was again in contact with the Agency and had stated that he wanted to provide care 

and permanency for the minor. The report showed that the minor was approximately two 

years old, had never met father, and did not have a relationship with him. The minor had 

resided with the prospective adoptive parents since her release from the hospital and 

looked to them for her “physical, emotional, and other age appropriate care necessary for 

her healthy development.” The minor was “well bonded to her current caregivers and 

their children and continue[d] to grow and flourish with them.” The Agency opined that 

separating the minor from the prospective adoptive parents would be detrimental to the 

well-being of the minor. The Agency recommended terminating the parental rights of 

mother and father with a permanent plan of adoption for the minor. 

At the March 18, 2021 contested section 366.26 hearing, the court heard testimony 

from father. Father testified that he had never met the minor and did not have an 

established relationship or bond with her. Father’s counsel opposed termination of 
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parental rights and argued that he was the third named alleged father and the Agency did 

not make appropriate efforts to locate him after he was identified. 

The court stated that the burden was on the parents to show that it would be 

detrimental to the minor to be placed for adoption based on the applicable exceptions,

and no evidence was presented to establish that any detriment or exceptions applied. It 

found that the testimony showed there was not a bond between father and the minor, 

notice had been given as required and reunification services were previously terminated, 

there was clear and convincing evidence that the minor would likely be adopted, and it 

was in the minor’s best interest to terminate parental rights. The court also found that 

none of the exceptions provided under section 366.26, subdivision (c)(1) existed and 

ordered mother and father’s parental rights terminated with the minor placed for 

adoption. In addition, the court found that the Agency complied with the case plan and 

made reasonable efforts, including any steps necessary to finalize the permanent plan for 

the minor. 

Mother and father each filed a timely notice of appeal. 

DISCUSSION

On appeal, mother and father challenge the termination of their parental rights, 

arguing that the court did not conduct a proper paternity inquiry under section 316.2. We 

disagree.

The juvenile court has a duty to determine the parentage of a child. (In re 

Jesusa V. (2004) 32 Cal.4th 588, 665.) To that end, under section 316.2, subdivision (a), 

the juvenile court has a mandatory duty to interrogate mother and other appropriate 

people about the child’s father in an effort to determine the parentage of minors who are 

before the court due to petitions filed under sections 300, 601 or 602. “The inquiry shall 

include at least all of the following, as the court deems appropriate: (1) Whether a 

judgment of paternity already exists[;] (2) Whether the mother was married or believed 

she was married at the time of conception of the child or at any time thereafter[;] 
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(3) Whether the mother was cohabiting with a man at the time of conception or birth of 

the child[;] (4) Whether the mother has received support payments or promises of support 

with respect to the child or in connection with her pregnancy[;] (5) Whether any man has 

formally or informally acknowledged or declared his possible paternity of the child, 

including by signing a voluntary declaration of paternity[;] (6) Whether paternity tests

have been administered and the results, if any[; and] (7) Whether any man otherwise 

qualifies as a presumed father pursuant to Section 7611, or any other provision, of the 

Family Code.” (§ 316.2, subd. (a); Cal. Rules of Court, rule 5.635.) 

Section 316.2, subdivision (b) provides: “If, after the court inquiry, one or more 

men are identified as an alleged father, each alleged father shall be provided notice at his 

last and usual place of abode by certified mail return receipt requested alleging that he is 

or could be the father of the child. The notice shall state that the child is the subject of 

proceedings under Section 300 and that the proceedings could result in the termination of 

parental rights and adoption of the child. [A JV–505 form] shall be included with the 

notice. Nothing in this section shall preclude a court from terminating a father’s parental 

rights even if an action has been filed under Section 7630 or 7631 of the Family Code.”

As the Supreme Court noted in In re Zacharia D. (1993) 6 Cal.4th 435: “While 

under normal circumstances a father may wait months or years before inquiring into the 

existence of any children that may have resulted from his sexual encounters with a 

woman, a child in the dependency system requires a more time-critical response. Once a 

child is placed in that system, the father’s failure to ascertain the child’s existence and 

develop a parental relationship with that child must necessarily occur at the risk of 

ultimately losing any ‘opportunity to develop that biological connection into a full and 

enduring relationship.’ [Citation.]” (Id. at p. 452.) Here, father contends “the court 

acknowledged the identity of the baby’s father was unknown and yet failed to question 

mother about any and all potential alleged and presumed fathers.” 
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Father’s contention rests on the provisions of section 316.2. Subdivision (a) of 

that section requires the juvenile court to conduct an inquiry “as to the identity and 

address of all presumed or alleged fathers.” However, the court’s duty in this regard 

arises only “[i]f the local child support agency states, or if the court determines through 

statements of the parties or other evidence, that there has been no prior determination of 

parentage of the child . . . .” (Cal. Rules of Court, rule 5.635(e).) Here, at the June 2019 

detention hearing, both mother and S.D. asserted that he was the minor’s father and that 

he had signed a declaration of paternity. Once it was determined that S.D.’s name was 

not on the birth certificate and a signed declaration of paternity was not produced, 

paternity testing was ordered. No other names were provided for possible fathers. After

S.D. was excluded as a possible father, the court made another inquiry regarding 

paternity. Mother then named L.B. as a possible father, but he was excluded on January 

21, 2020. During this hearing, with all parties present, the court then inquired, “And do 

we have any other candidates as possible father?” The Agency responded, “Not that the 

mother has told us at this time.” The court therefore did not cover all elements of the

section 316.2, subdivision (a) inquiry on the record at this time. It was not until March 

2020, when mother’s reunification services were terminated, that she first named father 

as the possible father of the minor. However, mother indicated she did not have any 

contact information to assist the Agency in locating father. As a result, in March 2020, 

the Agency filed an absent parent locator, which did not return any results for father, and 

sought and obtained an order to publish notice to father and any unknown father in the

local newspaper, which was published in June 2020. The Agency informed the court at 

the July 2020 section 366.26 hearing that mother was able to contact father. Father 

thereafter appeared in the dependency proceedings. 

This record does not support a finding that the juvenile court failed to conduct a 

paternity inquiry at the outset of the case. The court was presented with mother and S.D.

both claiming S.D.’s paternity; S.D. was present for the birth of the minor, in a 
10

relationship with mother at that time, and claimed that he had signed a declaration of 

paternity. The court found he was the alleged father in the interim until a declaration of 

paternity or the birth certificate could be obtained. While father argues there was an error 

in the court’s minutes from this first appearance in June 2019 stating that the “parents 

[were] ordered to reveal the names and location of absent parents, maternal and paternal 

relatives” when this was not part of the hearing transcript, even if this assertion were 

credited, the juvenile court’s duty of inquiry arises only “[i]f the local child support 

agency states, or if the court determines through statements of the parties or other 

evidence, that there has been no prior determination of parentage of the child . . . .” (Cal. 

Rules of Court, rule 5.635(e).) A voluntary declaration of paternity “establishes the 

parentage of a child and has the same force and effect as a judgment of parentage by a 

court.” (Cal. Rules of Court, rule 5.635(c); Fam. Code, § 7573.) The court reasonably 

expected mother and S.D. to submit a formal declaration of paternity based on their 

relationship and representations during the hearing and allowed them time to do so before 

making an inquiry. Accordingly, we disagree with father that a duty of inquiry arose at 

the time of the first hearing. 

We agree with father, however, that a duty of inquiry arose after S.D. was 

excluded as the father or, at minimum, after L.B. was named and excluded as a possible 

father. Following L.B.’s exclusion, the court did inquire of the mother and the Agency at 

the January 21 hearing whether there were other possible candidates for the minor’s 

father, but failed to undertake the full inquiry pursuant to section 316.2, subdivision (a). 

To that point, father further argues “the court improperly delegated to the [Agency] the 

responsibility to ask mother about any alleged fathers” after S.D. was excluded. We 

conclude, however, that any error in the court’s inquiry into paternity was harmless. 

To the extent the trial court erred in failing to adequately perform its duty to 

inquire as to the identity of minor’s father, timely notice of the early proceedings was not 

given to father and his initial appearance in the matter was delayed. Where an alleged 
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father does not receive the requisite notice, we must determine if the lack of notice was 

prejudicial. (See In re Paul H. (2003) 111 Cal.App.4th 753, 762.) Lack of notice is 

subject to the harmless-beyond-a-reasonable-doubt standard of Chapman v. California

(1967) 386 U.S. 18 [17 L.Ed.2d 705]. (In re Angela C. (2002) 99 Cal.App.4th 389, 394.) 

The California Constitution provides: “No judgment shall be set aside, or new trial 

granted, in any cause, . . . for any error as to any matter of pleading, . . . unless, after an 

examination of the entire cause, including the evidence, the court shall be of the opinion 

that the error complained of has resulted in a miscarriage of justice.” (Cal. Const., art. 

VI, § 13.) In the context of dependency proceedings, even due process violations have 

been held subject to the harmless beyond a reasonable doubt standard of prejudice. (See 

In re Kobe A. (2007) 146 Cal.App.4th 1113, 1121-1123 [noncompliance with notification 

requirements of section 316.2]; In re Angela C., supra, at p. 395 [inadequate notice of the 

termination of parental rights hearing]; Andrea L. v. Superior Court (1998) 64

Cal.App.4th 1377, 1386-1388 [denial of contested permanency planning hearing]; 

In re Dolly D. (1995) 41 Cal.App.4th 440, 446 [denial of right to confront and crossexamine witnesses]; In re Laura H. (1992) 8 Cal.App.4th 1689, 1696 [absence of 

parent’s attorney during examination of minor in termination of parental rights 

proceeding]; In re Monique T. (1992) 2 Cal.App.4th 1372, 1377 [parent’s waiver of 

rights].) Here, we find no prejudice. 

The record shows the Agency repeatedly inquired of mother regarding possible 

parentage, but when mother finally disclosed father’s name, its attempts to locate father 

in March 2020 were fruitless, likely due to the fact that he was not a lawful resident, has a 

common name, frequently changed his residence, and mother did not provide any contact 

information for him. The record shows that despite knowing mother was pregnant when 

their relationship ended, father did not maintain contact with mother in order to establish 

paternity or a relationship with the child. It is unclear from the record how mother 

ultimately made contact with father and advised him about the dependency case and 
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whether she hid his contact information from the Agency or simply did not have current 

contact information for him. There is no indication in the record that the court could 

have succeeded in locating father earlier had it made more inquiries directly to mother in 

accordance with section 316.2, subdivision (a), rather than relying on the Agency and 

mother’s counsel. Indeed, many aspects of the statutory inquiry were not applicable in 

this case or would not have yielded information about father. No judgment of paternity 

already existed; mother was not married; she was not cohabiting with father at the time of 

the minor’s birth; it was S.D. who informally acknowledged or declared his possible 

paternity of the child; and no paternity tests were administered until after mother’s 

successive disclosures of possible paternity. (See § 316.2, subd. (a).) Accordingly, the 

statutory areas of inquiry most likely to be fruitful were whether mother received any 

support or promises of support during pregnancy and whether any other man qualified as 

a presumed father. (See § 316.2, subd. (a).) On the former issue, despite having an 

opportunity, the record does not suggest that mother ever told the Agency or the court 

about any support or promises thereof. In fact, mother shared nothing except father’s 

name after the first two candidates were excluded. And while father asserts this failure 

deprived him of the opportunity to qualify as a presumed father, we conclude that any

error was harmless because he failed to seek presumptive father status after appearing in 

the proceedings and he would not qualify as a presumed father even if the court had 

conducted an appropriate inquiry and father was notified earlier in the proceedings.

Following notice, father did appear at the October 16, 2020 appointment of 

counsel hearing, and the court found he was the biological father of the minor based on 

the paternity testing results. However, his biological father status did not grant him the 

rights or status of a presumed father, who is entitled to custody and reunification services. 

(See Francisco G. v. Superior Court (2001) 91 Cal.App.4th 586, 595-596.) Father was 

notified of the section 342 subsequent petition hearing and ordered to be present but 

failed to attend. Father’s counsel gave no reason for his absence. He also failed to 
13

maintain contact with the Agency or respond to calls. At no time did father bring a 

section 388 motion seeking the court’s reconsideration of its earlier rulings based on new 

evidence or changed circumstances establishing his entitlement to reunification services 

and presumptive father status. (In re Zacharia D., supra, 6 Cal.4th at p. 442; In re 

Eric E. (2006) 137 Cal.App.4th 252, 258.) 

In addition to his failure to seek presumptive father status once his biological 

paternity was established, defendant did not meet the criteria for this status. Under 

Adoption of Kelsey S. (1992) 1 Cal.4th 816, a presumed father is an unwed biological 

father who “promptly comes forward and demonstrates a full commitment to his parental 

responsibilities—emotional, financial and otherwise.” (Id. at p. 849.) “From the precise 

language used by the court in Kelsey S. and as demonstrated by the holding in the later 

Supreme Court case of Adoption of Michael H. (1995) 10 Cal.4th 1043 (Michael H.), 

there are at least two elements of ‘full commitment’: (1) a demonstration of a willingness 

to financially support the child and (2) a willingness—at least to the extent she makes 

possible—to emotionally support the unwed mother during her pregnancy.” (Adoption of 

T.K. (2015) 240 Cal.App.4th 1392, 1394, italics omitted.) “This is so because ‘the mere 

existence of a biological link does not merit . . . constitutional protection’ [citation]; 

rather, the federal Constitution protects only the parental relationship that the unwed 

father has actively developed by ‘ “com[ing] forward to participate in the rearing of his 

child” ’ [citation] and ‘act[ing] as a father’ [citation].” (Michael H., supra, 10 Cal.4th at 

p. 1052, original italics.) Father would not have qualified as a Kelsey S. father. He 

admitted he knew mother was pregnant, and while he claims he initially offered support, 

he also claimed he was uncertain if the child was his because mother wanted to pursue 

other relationships. He took no further steps to offer financial or emotional support 

during the pregnancy or confirm whether mother had the baby and whether the baby was 

his child. As the juvenile court found, father was initially aware of mother’s pregnancy 

and did not “check on anything else following that.” While father’s actions after birth
14

were at times more diligent than his actions before birth, the Supreme Court has held that 

a parent cannot compensate for his lack of demonstration of a “ ‘full commitment’ to 

parenthood during pregnancy . . . by attempting to assume his parental responsibilities 

[after birth or] many months after learning of the pregnancy.” (Michael H., supra, 10 

Cal.4th at p. 1054, italics omitted; id. at pp. 1054-1055.) 

Accordingly, we conclude that any deficiencies in the notice by the juvenile court 

and Agency were harmless beyond a reasonable doubt. 

DISPOSITION

The orders of the juvenile court are affirmed.

 KRAUSE , J.

We concur:

 BLEASE , Acting P. J.

 DUARTE , J.