T.D.

Los Angeles County Department of Children & Family Services v. T.D.

Bad Law
130 Cal. Rptr. 3d 821·199 Cal. App. 4th 127
Court of Appeal of CaliforniaSeptember 13, 2011No. B229066California7,571 words

Opinion

Lead Opinion

Bigelow, J.

The juvenile court asserted jurisdiction over minor Bryan D. Bryan had been living with his maternal grandmother T.D. (grandmother) since he was an infant. On appeal, Bryan contends the trial court erred in denying grandmother’s motion to be deemed his presumed mother, or in the alternative, his de facto parent. He also contends there was insufficient evidence to support the juvenile court’s assertion of jurisdiction. We reverse the juvenile court’s de facto parent determination and otherwise affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Bryan first came to the attention of the Orange County Social Services Agency (SSA) in June 2010. At the time, then 12-year-old Bryan was living *132 with grandmother. The SSA received an anonymous call alleging grandmother had been gone for 12 days and had left Bryan home alone. The caller also reported that grandmother trafficked undocumented people into the United States and was often gone for days at a time, leaving Bryan alone.

A social worker investigated the report and interviewed Bryan at his home. Bryan appeared healthy, free of bruises or marks, and appropriately dressed. He told the social worker he had lived with grandmother…

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