In Re Patricia L.

Denise Moreno Ducheny, under appointment by the Court of Appeal, for Minor.

OPINION

WIENER, Acting P.J.

Francisca A., maternal grandmother of Patricia L., appeals a February 27, 1992, order terminating her "de facto parent" status. We conclude insufficient evidence supported the court's ruling and reverse the order.

Because this appeal concerns only Francisca's "de facto parent" status, we do not set out a detailed discussion of the facts relating to Patricia. We focus on the facts relevant to Francisca's relationship with Patricia and Francisca's participation in the dependency process.

On May 7, 1987, shortly after Patricia's birth, the court declared Patricia a dependent of the court based on a finding the child was born with a positive toxicology screen for cocaine and opiates. The court placed Patricia with Francisca, where she lived for the next three years. During this time, the court granted Francisca de facto parent status and appointed counsel to represent her.

In July 1990 the court determined Patricia's mother had made significant progress and returned the child to her. About 10 months later, the department filed a supplemental petition, seeking to remove…