California Case Law: Termination of De Facto Parent Status - Juvenile Court

CHILD PROTECTION CALIFORNIA: In re D.R. 
The Court of Appeal of California, First Appellate District, Division Four, affirmed the juvenile court’s orders denying appellant-Alameda County Social Services Agency’s motion to terminate the de facto parent status of the respondent-uncle, and granting respondent-uncle’s partner de facto parent status. The court of appeal held that the agency had standing to appeal the orders because it stood in loco parentis to the minor child; the juvenile court did not commit legal error by concluding that respondent-uncle’s corporal punishment of the child did not require mandatory loss of his de facto parent status; the juvenile court did not abuse its discretion in finding insufficient changes in respondent-uncle’s relationship with the child to warrant termination of de facto parent status, and; the juvenile court acted within its discretion when it granted respondent-uncle’s partner de facto parent status. Under the California Supreme Court’s decision In re Kieshia E., a non parent may not obtain de facto parent status if the juvenile court determines that the minor is dependent due to sexual abuse or severe physical abuse committed by the nonparent petitioning for de facto parent status. Here, respondent-uncle was not trying to obtain de facto parent status, as he had been the child’s de facto parent for many years, and the present dependency hearing was not caused by respondent-uncle’s corporal punishment of his nephew, but rather by the child’s birth parent who failed to provide for him. Therefore, terminating his de facto parent status was not appropriate.
Cite: No.A124573, 185 Cal. App. 4th 852, 2010 Cal. App. LEXIS 889 (Cal. Ct. App. June 15, 2010)
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