In Re Joshuia S.

205 Cal.App.3d 119 (1988) 252 Cal. Rptr. 106 In re JOSHUIA S., a Person Coming Under the Juvenile Court Law.

RIVERSIDE COUNTY DEPARTMENT OF PUBLIC SOCIAL SERVICES et al., Plaintiffs and Respondents,

v.

PAULA S., Defendant and Appellant.

Docket No. E004620. Court of Appeals of California, Fourth District, Division Two.

October 14, 1988. [121] COUNSEL

Alys Briggs, under appointment by the Court of Appeal, for Defendant and Appellant.

Gerald J. Geerlings, County Counsel, Beth A. Melvin, Deputy County Counsel, Jean Pfeiffer Leonard and Sharon J. Waters for Plaintiffs and Respondents.

Deborah J. Mohr-Walker, under appointment by the Court of Appeal, for Minor.

OPINION

SCHULTE, J.[*]

Objector Paula S., mother of the minor Joshuia S., appeals from the juvenile court's order granting de facto parent status to Joshuia's foster parents, on the ground that the court should have used the clear and convincing evidence standard of proof in reaching its determination.

FACTS

Joshuia S. was adjudged a dependent of the court and placed in the care of foster parents for seven months, at which time the court scheduled a permanency planning hearing on Joshuia's case. Joshuia's foster parents filed a motion to be recognized as his de facto parents for the purposes of the juvenile court proceedings. They indicated in their moving papers their desire to adopt Joshuia. The court applied the preponderance of the evidence standard of proof in reaching its decision to recognize the de facto parent status of the foster parents. The court then made the following order concerning Joshuia's placement: "The bests [sic] interests of the child requires [sic] that at this time he remain with the defacto [sic] parents and it is [122]