In Re Vanessa P.

Harold LaFlamme and William R. Roush, under appointments by the Court of Appeal, for Minor.

OPINION

RYLAARSDAM, J.

This is a dispute between aunts over the custody of an orphaned child. After the juvenile court declared the minor a dependent, it awarded temporary custody of the child to the paternal aunt and her husband. Despite mother's nomination of the maternal aunt as the minor's guardian, maternal aunt was only allowed "relative standing" in the juvenile court proceedings. The maternal aunt appealed, claiming various procedural and substantive irregularities.

Respondents argue maternal aunt has no standing to appeal and invite this court to dismiss the appeal. We find maternal aunt should have been granted de facto parent status, has the right to participate fully in the juvenile court proceedings and to appeal. We also order the juvenile court to vacate its prior orders, terminate jurisdiction, and allow the parties to proceed in superior court.

On July 17, 1994, Vanessa P., a two-week-old baby girl was orphaned when her mother committed suicide; her father had died three months earlier. In her will, mother had nominated her sister Ada Iris Jackson as the guardian of…