San Diego County Health & Human Services v. Fredrick W.

Isiah S. appeals from the order granting Fredrick W. de facto parent status in the dependency proceedings filed on behalf of Isiah’s daughter, Leticia S. Isiah contends the court abused its discretion by granting Fredrick de facto parent status because Fredrick’s conduct was the reason the court found Leticia to be a dependent child. We reverse.

Factual and Procedural Background

Leticia was bom in 1991 to Corina C. and Isiah. In 1992 Corina and Fredrick began a relationship and Leticia has lived with them since that time. Corina and Fredrick had a daughter, Sarina, in 1995.

In Febmary 2000 the police conducted a probation search of Gorina’s residence and found methamphetamine and related drug paraphernalia *381 on the kitchen table within reach of the girls. Fredrick and Gorina had been smoking methamphetamine just before the police arrived. Accordingly, the San Diego County Health and Human Services Agency (the Agency) removed the girls from Gorina’s care.

In March 2000 the court made a true finding on the petition. Later that month, Fredrick applied to become Leticia’s de facto parent. He asserted he (1) has known Leticia since she was one year old, (2) has had…