What Is A “De Facto Parent”?

A De Facto Parent is a person who is the current or recent caretaker of a child who has been found by the court to have assumed, on a day-to-day basis, the role of a parent, fulfilling both the child’s physical and emotional needs for care and affection, and who has assumed that role for a substantial period of time.

What Is The Legal Significance Of Obtaining De Facto Parent Status?

The granting of De Facto Parent status allows the De Facto Parent to participate as a party in the court proceedings.

Why Should A Foster Parent Or Relative Caretaker Apply For De Facto Parent Status?

Obtaining De Facto Parent status gives you the same rights as all other parties involved in the court proceedings. Their rights include, but are not limited to, being present at all hearings, presenting evidence, and being represented by counsel.

When Should I Apply For De Facto Parent Status?

You should apply for De Facto Parent status as soon as the particular facts in your case warrant it. The timing and filing of the application for De Facto Parent status will vary from case to case. In some instances De Facto Parent status has been granted when a child has been in the foster parent/relative caretaker home as little as three months.

How Can I Obtain An Application For De Facto Parent Status?

You should be able to obtain the approved forms for requesting De Facto Parent status at your local courthouse or on their website. You will still need to check the Local Rules of Court where you live to determine what the notice and filing requirements are for your court. The Law Office of Pullman & Miller will be glad to provide you with the necessary forms to request De Facto Parent status.

What Happens If I Apply For De Facto Parent Status And It Is Denied?

Most courts when denying an application for De Facto Parent status do so “without prejudice.” This means that you are not precluded from requesting De Facto Parent status at a later date.

What Is The Legal Definition Of A “Relative”?

A relative is any adult who is related to the child or child’s half-sibling by blood or affinity, including all relatives whose status is preceded by “step," “great," “great-great," or “grand," or the spouse of any of these persons even if the marriage was terminated by death or dissolution.

What Is The Legal Significance Of Being Recognized By The Court As A Relative?

In any case where a child is removed from the physical custody of his or her parents, the law[California Welfare & Institutions Code Sections 361.3] requires that preferential consideration be given to a request by a relative of the child for placement of the child with the relative.

What Does “Preferential Consideration” Mean For Purposes of Placement?

"Preferential consideration" means that the relative seeking placement shall be the first placement to be considered and investigated.

What Is A “Prospective Adoptive Parent”?

California Welfare & Institutions Code Section 366.26 (n) allows foster parents of a child for more than 6 months to have the court recognize them as "a prospective adoptive parent." The significance of the change means that the Department of Social Services would be required to notify both the foster parent and court of a change of placement. This allows the foster parent/prospective adoptive parent to file a petition to object to the requested change of placement. In the past, the Department could move the child without notification and court review of the decision. This is a major change in the law and long overdue. We would be happy to discuss this change in the law and what it means to every foster parent.