Butte County Child Protective Services v. Joy C.

—In this case we consider the right of parties having the physical custody of a minor to participate as de facto parents in the dispositional hearing phase of a dependent child proceeeding.

Connie and Wayne S. appeal from a dispositional order of the juvenile court stemming from a hearing in which they were not allowed to participate as de facto parents. Appellants contend that the court erred in failing to accord them the status of de facto parents, and by failing to inform them of their rights, and that the dispositional orders were based upon inadmissible hearsay. We conclude that the court erred in denying the status of de facto parents to the appellants. Accordingly, we shall reverse the order of the juvenile court.

Background

Appellants are not the biological parents of Rachael, the minor child, nor do they have officially recognized legal status, such as that of guardians or foster parents. However, it appears that for the first nine months of her life the child’s mother, Joy C., left her in the care and custody of the appellants. Joy left a handwritten note with Connie purporting to give her “all rights as guardian” of the child. Appellants gave the child the…