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Name: In re Leticia S.
Case #: D037075
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 09/19/2001
Subsequent History: Review Denied December 12, 2001

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.