What should I expect at the Defacto Hearing?
Does the Judge hear all the Defacto Hearing?
or due they choose?
Will the bio-parents be present?
Usually it's not a seperate hearing. They will rule at the next scheduled hearing. The judge just reads your paperwork and the info on the case and issues a ruling. There isn't testimony or anything. And, the bps will know because their attorney(s) have received copies of your motion. The bps, through their attorneys, will most likely object to it and will file their own paperwork explaining why you shouldn't be de facto parents. Usually, it's just a matter of timing. If you've had your fc for close to a year, you shouldn't worry, it's pretty standard. The bps don't usually have real standing to object. The standard to be a de facto is pretty cut and dry: are you acting, on a daily basis, as the child's parent and have you been doing this for a long time. If that is true, which it should be since you are caring for your fc daily, I wouldn't see why a judge would not grant you that status. I would only be concerned if I had my fc under 6 months, then it could be a little more "ify" depending on the judge.
Oh, and since it's usually part of a regularly scheduled hearing, like the 12 month review hearing, parents will be there (if they normally show up for hearings.)
Well in my case the hearing is by myself. because bio-mom next hearing is in a couples of weeks from now. And my attorney requested the de facto hearing early.
I am so scared;the kids attorney is not on my side he is for the family.
The thing is the law is the law. If you are acting as your fc parent and have done so for a while (over 6 months) it shouldn't be a big deal.
Not to scare you but I hope your attorney (I know you said you felt you needed one) is advising you on what becoming a de facto parent means. You will have some rights as far as court and access to information but, it doesn't affect placement decsions. I hope your attorney isn't telling you that if you are declared de facto parents that it means your fc can't be moved from your home. Your fc can still be RU'd or go to family if the department or judge makes that decision.
Once you get de facto, and once the TPR has been scheduled you need to apply for Prospective Adoptive Parent status. With that status your foster child(ren) can't be removed from your home without a hearing.
Here's info from the site. They also have links to the needed forms on their website.
What is a Prospective Adoptive Parent?
This new designation is the result of Senate Bill 218, foster care legislation that encourages permanence
Now committed foster parents who wish to adopt cannot be excluded from the adoption process
The Juvenile Court may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process
If you are granted Prospective Adoptive Parent status, your foster child cannot be removed from your home without a Juvenile Court hearing
The Department of Social Services has the burden of proving that the proposed move is in the best interest of the child
In order to apply for Prospective Adoptive Parent Designation, you must complete and file one six page court form (JV 321 Request For Prospective Adoptive Parent Designation, Notice, and Order).
This form can be downloaded at the bottom of this page. A fillable form can be found [url=]California Courts[/url]. Click the Forms tab at top of home page, go to group entitled Juvenile and scroll down until you see #321.
How Do You Qualify?
The timing is critical. The hearing for termination of parental rights (the .26 hearing) must be scheduled
The child must have lived with you for at least six months
You must currently express a commitment to adopt
You must have taken at least ONE step to facilitate the adoption process, including, but not limited to;
Applying for an adoption homestudy
Cooperating with an adoption homestudy
Being designated by the court or the licensed adoption agency as the adoptive family
Requesting de facto parent status
Signing an adoptive placement agreement
Engaging in discussions regarding a post adoption contact agreement
Working to overcome any impediments that have been identified by the State Department of Social Services and the licensed adoption agency
Attending classes required of prospective adoptive parents
Rights of Prospective Adoptive Parents
If you have been designated a “Prospective Adoptive Parent”, your county Department of Social Services cannot remove the child in your care from your home without giving you notice of their intent to remove. They must notify you by sending a special form, Notice of Intent to Remove Child and Proof of Notice, Objection to Removal, and Order After Hearing (JV-323 Form)
DSS must also file the JV-323 Form with the Juvenile Court, and send copies to the child if he/she is over ten years of age, the child’s attorney, and the CASA.
Once you receive this form, notifying you that DSS wants to move the child, you may object to the move and request a hearing.
Your request for hearing on the proposed removal must be made within five court or seven calendar days from date of notification, whichever is longer. If service is by mail, time to respond is extended by five calendar days.
Your request for a hearing objecting to the proposed move must be made on the same special court form, JV-323, Notice of Intent to Remove Child and Proof of Notice, Objection to Removal, and Order After Hearing, that was sent to you by DSS.
After you complete the section of the form entitled Objection to Removal, you only need to deliver or send it to your Juvenile Court Clerk.They will set a hearing date, and notify child’s attorney and CASA of the scheduled hearing.
The hearing must be set as soon as possible and not later than five court days after the objection is filed with the court.
At a hearing on an intent to remove the child, the agency intending to remove the child must prove by a preponderance of the evidence that the proposed removal is in the best interest of the child.
Even if you have not formally been designated as the Prospective Adoptive Parent, you have the right to notice of intent to move the child in your care, and the right to object and request a hearing if you meet the threshold criteria for Prospective Adoptive Parent. The Court will decide at the hearing whether or not you will be designated as the Prospective Adoptive Parent.
my attorney said we will be filing for Prospective Adoptive Parent next.
It is so much drama in this case with the bio-family.
THE social worker is pushing for us to adopt.
It the kids attorney that trying to get the aunt to adopt
even after they ended family reuncation.
I am worry I hope everything goes fine. In November it will be seventeen months that my fc has been in foster care
We also are having a separate de facto parent hearing. Any Tips or advice? It's our first time applying for de facto and have no idea what to expect at the hearing.
mamachell is a good person to talk with becuase she did not have an attorney either until the judge appointed her one. In my situration we hire an attorney first.
Curious, I just filed De Facto status we have court next month 7/2024. CW is a very upset that I didn't notify her, is the the process? informing CSW initially? Doing so I believe would of hindered as she hasn't been upfront and forthcoming about case.