CHILDREN AND THE LAW
...Dependency Petitions
......Dispositional Hearing
.........De Facto Parents
............Others
12 Cards On This Topic:
  • De facto parent, such as foster parent, may participate as party to dependency proceedings.
  • Nonparent forfeits right to participate as de facto parent where minor is adjudged dependent child because of sexual abuse by that nonparent.
  • Juvenile court abused its discretion by granting de facto parent status to mother's boyfriend where his conduct was the reason child was found to be dependent of court.
  • Reversible error not to conduct full hearing and allow foster/de facto parents opportunity to be heard and cross examine preparer of social reports.
  • No preemption of Cal.’s de facto parent doctrine by ICWA where no conflict between them. Former stepfather is "extended family"; ICWA does not give custodial preference to Indian.
  • Grant of continuing visitation rights to third party having substantial parental relationship with minor proper, as third party is de facto parent.
  • De facto parent not entitled to participate in jurisdictional hearings, although may take part in dispositional and later hearings.
  • Foster parent who helped raise M, although not living in home, has standing to petition to modify adoption plan, as de facto parent or person with an interest (W&IC 388).
  • Juvenile court order of visitation with nonparent may be entered or continued in effect after dependent child has been adopted by another.
  • Order denying right to participate in juvenile proceeding as de facto parent is appealable.
  • Live-in boyfriend may not be involuntarily declared de facto parent and ordered to comply with reunification plan.
  • De facto parents not entitled to reunification services.