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Name: In re B.S.
Case #: C091678
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 06/18/2021

De facto parent did not have standing to appeal a placement order with maternal relatives. The minor B.S. was abandoned by mother at the hospital upon birth and the parents' whereabouts remained unknown throughout the case. B.S. was placed in a foster home while maternal relatives were assessed for placement. Initially, placement with the maternal relatives was denied because an individual with a nonwaivable conviction resided in the home. This individual moved out of the home three days after the denial and maternal relatives filed a grievance request seeking review of the denial. Meanwhile, the foster parents requested de facto…

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Name: In re Brianna S.
Case #: B301802
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 01/28/2021

The requirements of Welfare and Institutions Code section 387 apply where the Agency seeks to remove a child from placement with a relative. Brianna and two of her younger siblings were placed with their maternal grandmother, who was declared the minors' de facto parent. While in grandmother's care, the mental and emotional health of all three minors deteriorated. Grandmother admitted she was overwhelmed by the children's behaviors and that she threatened the children with being placed elsewhere or institutionalized. The Department filed a Welfare and Institutions Code section 387 petition, alleging that grandmother's home did not meet RFA requirements and…

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Name: In re Justin O.
Case #: B287406
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 03/02/2020

The juvenile court abused its discretion when it denied Grandmother de facto parent status and did not allow her participation in a 387 hearing removing the minors from her custody. Grandmother adopted mother's oldest child after a dependency proceeding in 2011. Grandmother also had custody of mother's three younger children. In 2017, the Department filed a 387 petition accusing grandmother of physical abuse of one of the younger children. The evidence was inconclusive as to whether the trauma suffered by the minor was inflicted by grandmother, or accidental. The juvenile court denied grandmother de facto status,…

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Name: In re M.M.
Case #: C075687
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 03/11/2015

A prospective adoptive parent is entitled to notice and a hearing prior to removal of the minor and placement with a relative. The minor was placed with appellant, the de facto parent, within a month of her birth, and had lived there 14 months at the time of the 366.26 hearing. The report prepared for the hearing noted that appellant had expressed her desire to adopt the minor and had begun the adoption homestudy. An aunt had also expressed a desire to adopt the minor, but the kinship unit had not completed the relative assessment. The report did…

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Name: R.H. v. Superior Court
Case #: D061609
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/21/2012

Prospective adoptive parents have rights to notice and to participate in a hearing pursuant to section 366.26(n), but there is no statutory or due process right to appointed counsel at the hearing. The minor was placed with her grandparents after removal from their mother due to her substance abuse issues. Grandparents, who had custody of the older siblings already, were designated the de facto parents and prospective adoptive parents (PAP). All three children were subsequently removed based on allegations of physical abuse. At a hearing regarding the removal, the juvenile court denied grandparents' request for appointed counsel. Following…

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Name: In re Damion B.
Case #: A131039
Court: CA Court of Appeal
District 1 DCA
Division: 3
Opinion Date: 01/11/2012

Disallowing de facto parents to cross-examine witnesses at a review hearing did not violate due process. The de facto parents argued that it was prejudicial error for the juvenile court to deny them an opportunity to call and cross-examine witnesses at the 18-month review hearing where the court followed the Agency's recommendation and returned the minors to their mother. The appellate court rejected the argument and affirmed. De facto parents have standing to participate as parties and may be present at the hearing, present evidence, and be represented by counsel. Here, the de facto parents were not shut out…

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Name: In re Bryan D.
Case #: B229066
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 09/13/2011

The juvenile court properly denied grandmother presumed mother status but erred in denying her de facto parent status. The 13-year-old minor was removed from his grandmother after she left him home alone and went to visit family in Mexico. Grandmother moved to be named the presumed mother of the minor, or in the alternative, the de facto parent. It was undisputed that grandmother had raised the minor and that at first he did not know that she was not his mother. However, the minor had known she was his grandmother for several years prior to the…

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Name: In re D.R.
Case #: A124573
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 06/15/2010

A non-parent who abused a minor properly retained his de facto parent status where the department failed to show changed circumstances and the minor retained his psychological bond. The 12-year-old dependent minor was removed from the home of his uncle, C.S., with whom he had lived since he was an infant, due to physical abuse. After the juvenile court sustained the petition, the department moved to set aside C.S.'s status as de facto parent. The motion was denied. C.S.'s partner, K.F., also sought de facto parent status. This motion was granted. The department appealed…

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Name: In re R.J.
Case #: C056084
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 05/23/2008

Grandmother seeking de facto parent status was not entitled to an evidentiary hearing. Grandmother appealed the summary denial of her request for de facto parent status of two minors who were adjudicated dependent children of the court. She contended that the juvenile court erred in denying her request without a hearing. The appellate court rejected the argument, finding no authority for the proposition that a party requesting de facto parent status is entitled to a hearing upon making a prima facie showing. Even assuming grandmother was entitled to a hearing upon such a showing, grandmother failed…

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Name: Wayne F. v. Superior Court
Case #: D048807
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 12/20/2006

The minor child Antonio had been in the care of Wayne and Lisa F. since he was an infant. They had not completed the adoption process, and the Agency issued a notice that it had concluded it was in the minor's best interest that he be removed. The juvenile court refused to permit Wayne and Lisa to fully participate in a removal hearing, and they challenged the proceedings by way of a writ. The appellate court in this opinion granted the petition. Under Welfare and Institutions Code section 366.26, subdivision (n), a caretaker who is designated as…

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