What is a De Facto Parent?

Home

Why We Are Here

Current News

2004 CASA Cards™ Holiday Cards

Job Announcements

How to Become a
CASA Volunteer

Volunteer Training

Giving

Staff and Board

Resources and Links

From the
Program Director
—Articles
—Book Reviews
—Client Profiles

De facto parent status is a legal device that gives an individual the right to be notified of hearings for a particular child in Dependency Court and participate with their own attorney when appropriate.

In most cases, the parties who have the right to participate in dependency hearings are: the child welfare worker and city attorney; the parents (including the alleged father); the minor (if over 12); the attorneys of the parents and of the minor; the CASA; and others at the discretion of the court.

Foster parents and relative caregivers often have valuable contributions to make. A person who does not fit in any official role is sometimes recognized by the attorneys and by the court to have a special interest in the case and important contributions to make. They may request de facto parent status for such an individual.

De facto parent status was created in California about 20 years ago. It applies specifically to Dependency Court and gives the de facto parent most of the rights of other parties. They have the right to an attorney (but not necessarily a court appointed attorney) and limited rights to discovery. They can make motions to influence placement and visitation, get appellate relief, argue evidentiary issues, and have due process to protest removal. Generally (but not always) a person who is granted de facto parent status has had physical custody of the minor for at least 4 months.

SF Dependency Court tends to use this status:

• For someone who wants to adopt the child and is waiting to see how the reunification goes;
  
  
• For an involved party who has a grievance to be heard;
  
  
• For a person who knows the minor very well and has opinions relevant to the case but does not want custody. For example, the court recently granted de facto parent status to a grandmother when the children moved from her home to be reunited with their mother so that she will continue to be able to attend hearings.