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You are here: Families & Children > Juvenile Dependency (Abuse & Neglect) > De Facto Parent Guide
You should read this guide if...
What is a "de facto parent"?
What are my rights as a de facto parent?
How do I apply for de facto parent status?
How does the juvenile court decide if I am a de facto parent?
What if I have more questions?
You should read this guide if ...
You've been taking care of a child who's been declared a dependent of the juvenile court. You want to be more involved in the child's court case and are considering becoming a de facto parent.
What is a "de facto parent"?
You may be a de facto parent if:
- The child is a dependent of the juvenile court.
- You are or have been taking care of the child every day.
- You have been acting as the child's parent.
- You are meeting (or have met) the child's needs for food, shelter, and clothing. You have also met the child's needs for care and affection.
No law says exactly what a "de facto parent" needs to be. Judges make this decision based on other court cases and on rule 5.502 (a)(8) of the California Rules of Court.
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What are my rights as a de facto parent?
You have the following rights if a juvenile court judge finds that you are a de facto parent:
- To be present at dependency proceedings. (Note: as a caregiver you can go to all dependency review and permanency hearings even if you're not a de facto parent.)
- To be represented by a lawyer, if you hire one. (In some cases the court may appoint a lawyer at no cost to you if a judge thinks it's necessary.)
- To present evidence and cross-examine witnesses. And
- To participate as a party in the disposition hearing and any hearing after that.
You can learn more about these rights by reading rule 5.534(e) of the California Rules of Court.
Remember: A de facto parent is not the same as a parent.
You don't have the right to:
- Reunification services
- Attorney fees (But, in some cases, the judge may give you an attorney, and the court will pay the fees.)
- Rehearing (You can't ask for another hearing if you don't agree with the judge's decision, but you have a right to an appeal.)
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How do I apply for de facto parent status?
To apply, fill out the following forms: De Facto Parent Request (form JV-295) and De Facto Parent Statement (form JV-296).
Form JV-295 asks for your name, address, and phone number. On the form, you tell the judge that you or someone else wants to be the child's de facto parent. If you're asking for someone else, you need to write that person's information on the form. Then you sign and date the form. If you have an attorney, he or she will sign the form too.
On form JV-296, you say why you think the judge should decide that you or the other person named on form JV-295 is a de facto parent. List important things you did for the child and how often you did them. This is so the judge has all the information he or she needs to make a decision. Give information like:
- How long you've cared for the child;
- What you do with the child;
- What you do for the child;
- How much you care for the child;
- What you know about the child's special needs, desires, hopes;
- How you can meet the child's needs.
You can also attach letters from others who know you and the child. For example: teachers, therapists, pediatricians, spiritual advisors, etc.
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How does the juvenile court decide if I am a de facto parent?
Only the juvenile court can decide if you're a de facto parent. The judge will apply case law and rule 5.502 (a)(8). He or she will consider the care you gave the child and how long you did it. Also, the judge will decide if you can help the court understand what's best for the child-the child's best interest. If you've harmed the child or put the child at risk, the judge will likely decide that you aren't a de facto parent.
If the judge decides you aren't a de facto parent, you may still tell the judge what you feel or know about the child by filing form JV-290, the Caregiver Information Form, or if you aren't the current caregiver, by sending a letter to the court.
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What if I have more questions?
If you want additional information or have specific questions, you may want to talk with an attorney. Click here to find legal help in your community.
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Last modified: 03/17/2008
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