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If you are caring for a foster child in California, you have likely wondered how much you actually have in that child’s life. Foster parents spend their days handling homework, doctor’s appointments, and bedtime routines, yet many are surprised to learn where their legal rights begin and end inside the dependency court system. Understanding those rights early can help you advocate more effectively for the child in your home.
California law requires that foster parents, relative caregivers, and other caretakers receive notice of dependency court hearings involving the child in their care. This notice requirement exists under both federal law and California’s Welfare and Institutions Code, which recognizes that caregivers play a central role in a child’s daily life and should know when the court is making decisions about that child’s future.
Notice alone does not make you a party to the case, but it does open the door to participation.
Foster parents and other caregivers can complete a Caregiver Information Form (JV-290) and submit it directly to the juvenile court before status review hearings. This form allows you to share observations about the child’s health, schooling, and adjustment, along with any recommendations you have about the case. Judges routinely read these forms, and they can carry real weight, particularly when a caregiver has spent months or years with the child.
Under California law, licensed caregivers are held to a reasonable and prudent parent standard, which allows you to make everyday decisions the way any careful parent would, such as approving a sleepover, a school trip, or participation in sports, without seeking prior court approval for every routine activity. This standard was created specifically to give foster children a more normal childhood while still protecting their safety.
If you have cared for a child on a day-to-day basis for a substantial period and have become the person who meets that child’s physical and psychological needs, you may petition the court for de facto parent status. A judge decides this request by looking at factors such as the bond between you and the child and how long you have been the primary caregiver.
De facto parent status significantly changes your role. Under the California Rules of Court, once granted, you gain the right to attend hearings, to be heard on decisions affecting the child, and in some cases to request appointed counsel, though the court is not required to appoint an attorney simply because you asked.
California law gives relatives, de facto parents, and licensed resource family caregivers preferential consideration for placement when it serves the child’s best interest and supports the case plan. If you have cared for a child for at least six months and the child cannot be returned to a parent, you may also qualify as a prospective adoptive parent, which brings additional protections. Before a prospective adoptive parent’s child can be removed from the home, the agency must provide formal written notice, and you have the right to object and request a hearing.
It is just as important to understand the limits of your role. Foster parents are not automatically parties to the dependency case, which means you generally cannot object to case decisions, cross-examine witnesses, or appeal court orders unless you have obtained de facto parent or prospective adoptive parent status. Your access to confidential case records is also more limited than that of the parents or their attorneys.
Every dependency case moves through the same statutory framework, but every family’s situation looks different. If you are unsure whether to pursue de facto parent status, how to properly submit information to the court, or how to protect a long-term placement, speaking with an attorney who handles California dependency cases can help you understand exactly where you stand.
At ALL Trial Lawyers, our team regularly guides foster parents, relative caregivers, and resource families through the juvenile dependency process across California. If you have questions about your rights as a caregiver, call us at (866) 811-4255 for a free consultation. We will listen to your situation and explain your options in plain language.
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Mohammad Abuershaid, professionally known as Mo Abuershaid, is the founding partner of ALL Trial Lawyers and one of California’s most trusted authorities in dependency law, juvenile dependency cases, CPS defense, and high stakes CPS cases.