San Luis Obispo County Department of Social Services v. Mary N.

Here we hold that the juvenile court acted within its jurisdiction by granting Gary A. (Gary) continuing visitation rights in his status as a de facto parent to Robin N.

Facts

On December 5, 1988, the San Luis Obispo County Department of Social Services (Department) filed a petition requesting that Robin N. (Robin) be *1142 declared a dependent child of the juvenile court under Welfare and Institutions Code section 300, subdivision (a). The petition alleged that the minor’s mother, Mary N. (Mary) suffers from episodes of intense depression during which she behaves irrationally and causes the minor severe emotional trauma rendering her incapable of providing proper and effective parental care of Robin.

The petition further alleged that extensive preplacement services had been provided and were insufficient to protect Robin, and that the identity of Robin’s biological father was unclear and his whereabouts were unknown.

Gary has cared for Robin his entire life. Gary was present in the delivery room when Robin was bom, and his name appears on Robin’s birth certificate. Although it has been determined that Gary is not Robin’s father, Mary initiated a coguardianship in…