States wih De Facto Parent Status

Larue · #1 10-07-2009, 09:50 AM

I know that in some states foster parents can petition the court for de facto parent status after their foster children have been in their care for a certain period of time. And then the foster parents can become a party to the case and have legal representation at hearings. I was wondering if anyone knows where I can find out more information about this.

Thanks!

**mommytoEli** · #2 10-07-2009, 09:55 AM

we did this once. it was nice to be in the know. are you willing to ask your case worker? this is how we found out what to do.

LaceyGirl · #3 10-07-2009, 10:13 AM

it is 15 months - I would suggest meeting with a private attorney who specializes in this most of the time they do not charge for your first meeting.

**mommytoEli** · #4 10-07-2009, 10:23 AM

www.courtinfo.ca.gov/forms/documents/jv299.pdf

this is a pamphlet about de facto in CA. i don't know if in CA there is a set time the child has to be with you. i do know we were granted de facto after only a few months. the judge said he usually liked for the chlidren to be with the family longer than our kids had been with us before granting it, but in the many YEARS they had been in care before moving in with us, we were their longest most stable placement, so it was granted.

mamachell · #5 10-07-2009, 11:07 AM

I'm in CA also and filed. I did it by myself with no attorney after we had our fd about 8 months. There isn't a specific amount of time in CA but I heard it should be at least 4 months but more likely after 6 months. I got a lot of good advice from the ::ADVOKIDS :: site. The forms can also be accessed from there and I've even called them a few times for advice and referrals. I can't thank them enough. When I did the forms include "letters of referral" from people who know you and who can speak about how well your fc are doing in your care. Know that all parties will receive the info so just be factual. I know some people will try to talk you out of it but it really makes you more informed and protects your relationship with your fc.

mrstkg1 · #6 10-07-2009, 12:20 PM

In Illinois, it can be done at 6 months, but intervention is automatic at 1 year if the foster parents petition for it.

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