In re Charlotte D. 2/15/06 CA2/6

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: B183788

Case Date: 05/24/2006

Preview:Filed 2/15/06

CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX

In re CHARLOTTE D., a Minor.

2d Civil No. B183788 (Super. Ct. No. A14917) (Ventura County)

CORNELIUS D. et al., Petitioners and Respondents, v. RONALD D., Objector and Appellant.

Ronald D., the father of a child born out of wedlock, appeals from a judgment declaring his child free from his custody and control. The judgment was entered pursuant to recently enacted Probate Code section 1516.5, which applies in guardianship proceedings.1 This statute provides for the termination of parental rights without a finding of parental unfitness. We conclude that the statute is not unconstitutional on its face. It does not violate the due process or the equal protection clauses of the federal and state constitutions. We also conclude that, because section 1516.5 permits the termination of parental rights without a finding of parental unfitness, it is unconstitutional to the extent it is applied to unwed fathers who have

1

All statutory references are to the Probate Code unless otherwise stated.

made a full commitment to their parental responsibilities.2 We reverse and remand the matter to the trial court to determine whether appellant has demonstrated the requisite commitment to his parental responsibilities. Factual and Procedural Background Charlotte D. (minor) was born in August 1995 to unwed parents

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