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, appellants biological child, were removed because of appellants drug use. He also routinely hit the minor, sometimes with a shoe. The trial court granted appellants 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.
Case Summaries