Advokids: De Facto Parent Information

• Why de Facto?

  If you want to keep your foster child and do not want to risk any changes in placement or decision making where you are not a party or participant in the court proceeding, apply for de Facto parent status as soon as you can.

  In order to apply for de Facto status, you must complete and file FOUR separate court forms.

  1. JV 295 de Facto Parent Request Form
  2. JV 296 de Facto Parent Statement Form
  3. JV 297 de Facto Parent Order
  4. JV 510 Proof of Service Form
  
  

  These forms and supporting documentation can be downloaded at the bottom of this page.

  How Do You Qualify?

  A de Facto parent is a person who is the current or recent caretaker of a child, and who has assumed the role of a parent to a child, fulfilling the child’s physical and psychological need for care and affection on a daily basis. Relevant factors include:

  1. Whether the child has psychologically bonded with the applicant
  2. Whether the applicant has acted as a parent on a day to day basis for a substantial amount of time. (Note: There is no clear requirement of a minimum amount of time, however adoption practices have established a four month period as a guide for establishing parental bonds that should not be disrupted
  3. Whether the applicant has information about the child that the other parties in the case cannot provide
  4. Whether the applicant has regularly attended juvenile court hearings

  Rights of De Facto Parents

  California Rules of Court 1412(e) state that upon a sufficient showing the court may recognize the child's present or previous custodians as de facto parents and grant standing to participate as parties in disposition hearings and any hearing thereafter at which the status of the dependent child is at issue. The de facto parent may:

  1. Be present at the hearing
  2. Be represented by retained counsel or, at the discretion of the court, by appointed counsel
  3. Present evidence

  Discovery

  Discovery is the legal right to see the reports and documents that have been filed with the court, i.e., to discover what is in the court’s file. A de facto parent's right to see the other documents in the court file is governed by WIC§ 827 which directs the court to make such discovery orders pursuant to that section as are necessary and appropriate. The court may allow you to have full or limited access to the court file contents, as deemed necessary for meaningful participation in the case.

  Appointment of an Attorney

  Upon granting de Facto parent status, the court may, but is not required by law to, appoint an attorney to represent the de facto parent. No right to the appointment of counsel exists for the bringing of the application. If you cannot afford an attorney, ask the court to consider appointing one for you.

  Preferential Consideration for Placement

  In any case in which a child is removed from the physical custody of his or her parents or legal guardians pursuant to WIC §361, a de facto parent, if a relative or licensed foster care provider, shall also receive preferential consideration for placement of the child over all other relatives and foster parents if such placement is in the best interest of the child and is conducive to any reunification efforts ordered by the court.

  De Facto Parent Forms and Supporting Documentation

  1. JV 295 de Facto Parent Request form
  2. JV 295 guidelines and instructions
  3. JV 295 sample filled-out form
  4. JV 296 de Facto Parent Statement form
  5. JV 296 guidelines and instructions
  6. JV 296 sample filled-out form
  7. JV 297 de Facto Parent Order
  8. JV 297 Guidelines and Instructions
  9. JV 510 Proof of Service form
  10. JV 510 guidelines and instructions
  11. JV 510 sample filled-out form
  12. JV 295, JV 296 & JV 297 filing and serving instructions
  
  

  Sample Cover Letters

  1. Sample Clerk Cover Letter
  2. Sample Judge Cover Letter
  
  

  For more De Facto Parent Information and Resources, please visit the California Courts de Facto Self-Help Center.

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