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We have a 9 month old little guy who will have been with us for 6 months at the end of this month, He has had no visits since birth when he was detained at the hospital for exposure to methamphetamines, Mom has requested 2 visits, one she never showed and the other she went to DCFS office high as a kite, Ever since then she had been MIA and alleged BD was found but took off when they went to serve him with court papers notifing him that unless he did something they were going to TPR him, He disconnected his phone and has been MIA as well.. The investigator asked us to file to Be Defacto Parents but call me dumb, I really dont know what that means, I have an idea but can someone please explain?
BTW we are in Love with this little and its too late are hopes are high that we keep him, so far so good but I know that anything can happen he has court in 2 month for TPR.
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I'm currently in the process of filing for De Facto Parent Status, so I am not too informed, but I did get some information from this source:[url=http://www.courts.ca.gov/1207.htm]California Courts - De Facto Parents[/url]It says:Rights of de facto parentsIf the judge finds you are a de facto parent, you have the following rights:To be present at dependency proceedings (note: as a caregiver you can go to all dependency review and permanency hearings even if you are not a de facto parent);To be represented by a lawyer if you hire one, or, in some cases, the court may appoint a lawyer at no cost to you if the judge thinks that is necessary;To present evidence and cross-examine witnesses; andTo participate as a party in the disposition hearing and any hearing after that.You can learn more about these rights by reading rule 5.534(e) of the California Rules of Court.Remember: A de facto parent is not the same as a parent.As a de facto parent, you do NOT have the right to:Attorney fees. But, in some cases, the judge may give you an attorney, and the court will pay the fees.Rehearing. You cannot ask for another hearing if you do not agree with the judge’s decision, but you have a right to an appeal.
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Hi, yes I am in So. Cal. It was about a year ago that I filed for de facto and at that time we'd only had little one for six months. Fast forward a whole year and here we are. There has been progress, but I think that we should be at least six months further in this process than we are. Had everyone been on the ball from the beginning, our little one would not have been old enough to understand or remember so much of the system. But, we understand there is a process that is often stretched out due to CW overload and the favoring of bios over kids.@jlking. The JV-290 is a caregiver's report that is optional. It can be presented to the court for the hearings. I did one at both the six & 12 month review hearings and will also do one for the TPR hearing. You can get further info, fillable forms, and instructions from the advokids.org website. You need to get it to the court in advance of the hearing so that it can be distributed to all interested parties.My strategy in filling out the JV-290 (after learning as I go): Try to avoid mentioning bios whatsoever. They get a copy. Keep the focus on how the kids are doing and their need for stability.You are not restricted to using the form. You can type up more of a narrative and put as much detail as you'd like.I've noticed that the judge skims through the form/narrative, but really reads the recommendation, so really focus on wording it well. Also, I try to space the document so that I have room on the last page for both the recommendation and a couple of pictures with captions.
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