San Diego County Health & Human Services v. Fredrick W.

Opinion

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 bom 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 Febmary 2000 the police conducted a probation search of Gorina’s residence and found methamphetamine and related drug paraphernalia [381]on the kitchen table within reach of the girls. Fredrick and Gorina 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 Gorina’s care.

In March 2000 the court made a true finding on the petition. Later that month, Fredrick applied to become Leticia’s de facto parent. He asserted he (1) has known Leticia since she was one year old, (2) has had daily contact with her ever since, and (3) has been raising her as if she were his own by providing for her daily needs, disciplining her, and supporting her financially and emotionally. He contended Leticia calls him “Dad” and he refers to her as his daughter.

Based on these factors, the court granted Fredrick’s de facto parent application. The court determined the order was in Leticia’s best interests because Fredrick had been her psychological and physical parent for the last eight years.

Discussion

Isiah contends the court abused its discretion in granting Fredrick’s de facto parent application because Fredrick’s behavior was a basis for the juvenile court’s finding Leticia was a dependent child.1

The concept of de facto parent has been judicially created to recognize limited rights in dependency cases for a person who has been found by the juvenile court to have assumed, on a day-to-day basis, the role of a parent, fulfilling the child’s physical and psychological needs. (In re Kieshia E. (1995) 6 Cal.4th 68, 70-71 [23 Cal.Rptr.2d 775, 859 P.2d 1290]; Cal. Rules of Court, rule 1401(a)(6).) The decision to grant de facto parent status depends on an assessment of the particular individual and the facts of the case. (In re Patricia L. (1992) 9 Cal.App.4th 61, 66-67 [11 Cal.Rptr.2d 631].) The juvenile court applies the preponderance of the evidence standard in making its factual findings and we review those findings for an abuse of discretion. (In re Michael R. (1998) 67 Cal.App.4th 150, 155-156 [78 Cal.Rptr.2d 842].) An abuse of discretion occurs when the trial court has exceeded the limits of legal discretion by making an arbitrary, capricious, or patently absurd determination. (In re Jasmine D. (2000) 78 Cal.App.4th 1339, 1351 [93 Cal.Rptr.2d 644].)