In re Andrew L

In In re Andrew L. (2004) 122 Cal.App.4th 178, the biological father averred he did not know he might be the father because he had not seen mother in one and a half or two years and had no way to contact her until a chance meeting at a restaurant. (122 Cal.App.4th at pp. 184, 186.) At that point, she told him she had given birth to a son and he might be the father. He and the mother remained in contact; within a few days he went with her to visit the baby and repeatedly called the social worker to arrange a DNA test, but the social worker thwarted his efforts to establish a relationship with his son by failing to set up the DNA test, refusing to take his or mother's calls, or answering messages left on his machine, for over six months. The court found the Department had failed to provide mother with reasonable services and extended the time for reunification. (Id. at p. 182.) Eventually, father got a court date from a different social worker. He complained to the judge but after the court date the social worker continued to ignore him. After a second court date, the social worker finally contacted him. Four days later the test was performed, which ultimately confirmed his paternity. (Id. at pp. 183-184.) The trial court credited the biological father's account. (Id. at p. 189.) In a change of heart, a different social worker recommended offering father reunification services after investigation verified "he had a good relationship with his two other children and regularly paid child support to their mother. He was employed, lived by himself, and had arrangements for his mother to provide babysitting if he obtained custody of Andrew." (In re Andrew L., supra, 122 Cal.App.4th at p. 188.) In his section 388 petitions, father expressed a "strong desire to integrate Andrew into his family and provide for his future needs. He requested reunification services, unmonitored visitation, a release of Andrew to him, and a declaration that he was the presumed father." (In re Andrew L., at p. 185.) The Court of Appeal concluded that under these circumstances the biological father had demonstrated under Kelsey S. that his "timely, repeated efforts to establish paternity . . . were thwarted by the social worker," and that he had no way to contact mother after their relationship ended. (Andrew L., supra, 122 Cal.App.4th at pp. 192-193.) Furthermore, "the Department's investigation showed that father was steadily employed, had appropriate visits with Andrew, was a good father to his other two children, had a home waiting for Andrew, and had arranged for his mother to provide babysitting. . . . His strenuous efforts to establish paternity showed that his motivation was a genuine and admirable commitment to the son he had fathered." (Id. at p. 193.) The Andrew L. court upheld the trial court's exercise of discretion granting father presumed parent status and reunification services, noting that at all times "the judge was concerned . . . with Andrew's best interests," and "it was not against Andrew's best interest to reunify him with a fit natural parent who made a timely appearance in the case." (Id. at p. 195.) The Andrew L. court also found it important that when father began contacting the caseworker, Andrew had not been in the prospective adoptive foster home for an extended period of time, an immediate response by the Department would have given the minor little time to bond with the prospective adoptive foster parents, and even by the time the section 388 petition was granted, the minor had lived with them for only nine months. (Ibid.)