In re Alyssa V.

Filed 1/31/07  In re Alyssa V. CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION ONE

            ORIGINAL PROCEEDING; petition for writ of mandate.  Valerie Skeba, Referee.  Petition granted.

            Carlson, De Klerk & Sherman and Angela Pierce diDonato for Petitioner.

            No appearance for Respondent.

            Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, and Judith A Luby, Senior Deputy County Counsel, for Real Party in Interest.

___________________________

            The juvenile court erred in denying Patricia V.'s application for de facto parent status.[1]  Accordingly, we grant the petition for writ of mandate.[2]

INTRODUCTION

            Alyssa V. is eight years old.  Theresa G. and her partner Patricia V. (Alyssa's paternal great aunt) have raised Alyssa together for seven of the last eight years.

            Theresa G. and Patricia V. applied for de facto parent status on August 25, 2006.  The application was based on the grounds that the two women have provided for Alyssa's physical, emotional and psychological needs on a day-to-day basis.  Because of their unique position as her caretakers for almost her entire life, they possess valuable information and insights which may be beneficial to the juvenile court.

            On September 12, the juvenile court granted de facto parent standing as to Theresa G. and denied it as to Patricia V.  The juvenile court stated, in relevant part:  â€