In Re Leticia S.

111 Cal.Rptr.2d 810 (2001) 92 Cal.App.4th 378 In re LETICIA S., a Person Coming Under the Juvenile Court Law.

San Diego County Health and Human Services Agency, Plaintiff and Respondent,

v.

Fredrick W., Defendant and Respondent;

Isiah S., Defendant and Appellant.

No. D037075. Court of Appeal, Fourth District, Division One.

September 19, 2001. Review Denied December 12, 2001. [812] Patti L. Dikes, under appointment by the Court of Appeal, for Defendant and Appellant.

John J. Sansone, County Counsel, Susan Strom, Chief Deputy County Counsel, and Gary Seiser, Deputy County Counsel, for Plaintiff and Respondent.

Donna B. Kaiser, under appointment by the Court of Appeal, for Defendant and Respondent.

Mary Elizabeth Handy, under appointment by the Court of Appeal, for Minor.

[811] O'ROURKE, J.

Isiah S. appeals from the order granting Fredrick W. de facto parent status in the dependency proceedings filed on behalf of Isiah's daughter, Leticia S. Isiah contends the court abused its discretion by granting Fredrick de facto parent status because Fredrick's conduct was the reason the court found Leticia to be a dependent child. We reverse.

FACTUAL AND PROCEDURAL BACKGROUND

Leticia was born in 1991 to Corina C. and Isiah. In 1992 Corina and Fredrick began a relationship and Leticia has lived with them since that time. Corina and Fredrick had a daughter, Sarina, in 1995.

In February 2000 the police conducted a probation search of Corina's residence and found methamphetamine and related drug paraphernalia on the kitchen table within reach of the girls. Fredrick and Corina had been smoking methamphetamine just before the police arrived. Accordingly, the San Diego County Health and Human Services Agency (the Agency) removed the girls from Corina's care.