Los Angeles County Department of Children & Family Services v. Gerardo R.

Opinion

FLIER, J.

SUMMARY

Principles of due process require that the juvenile court not terminate a presumed father’s parental rights without first finding, by clear and convincing evidence, that the father is unfit. Because no such finding was made in this case, and based on our conclusion the court improperly terminated parental rights based on a father’s poverty, we will reverse the order terminating parental rights and remand for reconsideration whether a proper basis for such termination exists, and if not, for renewed efforts aimed at returning the children to their father’s custody. We…