San Diego County Department of Social Services v. Williams

In In re B. G. (1974) 11 Cal.3d 679 [ 114 Cal.Rptr. 444 , 523 P.2d 244 ], this court established an important rule of procedure for child *71 custody and dependency cases. We held that one who is not the child’s parent or legal custodian, but who has become a “de facto parent” by assuming that daily role over substantial time, may be privileged to participate as a party to the court proceedings. We must now decide whether a nonparent may attain this privilege in proceedings which have adjudged a minor to be a juvenile court dependent because of sexual or other serious physical abuse committed by the nonparent. We conclude that the answer is "no"

Facts

Cherie Williams began living with Derrick Chappie in May 1989. Their daughter Desiree was born in November 1989. Kieshia E., born to Cherie and another man, Curtis E., in May 1987, was also living with the couple.

On June 11, 1991, Cherie brought Kieshia to the University of California at San Diego Medical Center (UCSD) for treatment of a persistent vaginal irritation. There she was examined by doctors and interviewed by hospital social workers.

Based on information thus obtained, the San Diego County Department of…

In In re B. G. (1974) 11 Cal.3d 679 [ 114 Cal.Rptr. 444 , 523 P.2d 244 ], this court established that a “de facto” or psychological parent may be a party in child custody and dependency cases. In child dependency cases, de facto parent status merely entitles the psychological parent to be present at hearings with counsel and to introduce relevant evidence that may illuminate the trial court’s decisionmaking process. (Cal. Rules of Court, rule 1412(e).) In this case, the majority holds that a trial court has no authority to allow a psychological parent whose physical or sexual abuse of a child is a cause of dependency proceedings to be heard as a party in dependency proceedings.

Whether a psychological parent who has committed acts of physical or sexual abuse of a child should be heard as a party in child dependency cases *81 is an emotionally charged issue that evokes strong reactions in most people. But the purpose of child dependency proceedings is not to punish persons who have committed acts of abuse; it is to serve the child’s best interests. And, as the uncontroverted expert evidence and the appellate court opinion in this case indicate, an absolute rule barring…