skip to Main Content
Name: In re Leticia S.
Case #: D037075
Opinion Date: 09/19/2001
Court: CA Court of Appeal
District 4 DCA
Division: 1
Citation: 92 Cal.App.4th 378

Appellant had lived with the minor child since she was one year old. At the time of detention, the minor was 8 and appellant was her father figure. The minor and her half-sister, appellant’s biological child, were removed because of appellant’s drug use. He also routinely hit the minor, sometimes with a shoe. The trial court granted appellant’s de facto parent application with regard to the minor. The biological father appealed, and the appellate court reversed. When examining a de facto parent application, the court must first examine whether the applicant committed a substantial harm fundamentally at odds with the role of a parent. If the de facto parent is the cause for the dependency proceedings, the application must be denied.