CHILDREN AND THE LAW
...Dependency Petitions
......Dispositional Hearing
.........De Facto Parents
............In General
8 Cards On This Topic:
  • De facto parent defined.
  • Granting of standing to de facto parents to participate in dependency proceedings.
  • Remand required where, on this record, Court could not say trial ct. did not abuse its discretion in refusing to order Cs returned to de facto parents and allowing them the chance to adopt.
  • No abuse of discretion in denying SSA's motion to terminate uncle's de facto parent status and granting such status to uncle's partner; where psychological bond strong, uncle's one-time physical abuse not sufficient change of circs.
  • Preponderance standard applies here—Michael D. did not suggest heightened standard applies when dependent child is being removed from a de facto parent's home.
  • Foster mother/de facto parent had no standing to appeal placement order; in any case, independent of concerns her age or health, her equivocation about adoption would be substantial evidence to support order.
  • Preponderance of evidence is standard to determine de facto parents for dependency litigation.
  • 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.