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Name: In re X.S.
Case #: B221851
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 11/17/2010

There was insufficient evidence to support a jurisdictional finding as to father where he failed to support the minor prior to a finding of paternity. The biological father of the minor appealed from the judgment declaring the minor to be a dependent under Welfare and Institutions Code section 300, subdivision (b) based in part on a finding that father failed to provide support and necessities for the child. Father conceded that he did not support the minor until he learned that he was the biological father, eight months after the minor’s birth. The appellate court found that there was insufficient evidence to support the allegation. Before father discovered that he was the biological father of the minor, the minor was well cared for by his maternal grandmother. DCFS became involved through no fault of the father, but because of the mother’s conduct. Father appeared at the detention hearing and indicated his intent to care for the child if he were determined to be the father. Father’s failure to provide for his son before the paternity determination cannot support the juvenile court’s true finding on the section 300, subdivision (b) allegation that father’s actions endangered the minor. The judgment was therefore reversed as to the father and remanded for the court to reconsider its disposition orders.