In re R.T.

Filed 4/13/06 In re R.T. CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge. Reversed with directions.

Leslie A. Barry, under appointment by the Court of Appeal, for Defendant and Appellant.

Joe S. Rank, County Counsel, Julie Koons Jarvi and Anna Deckert, Deputies County Counsel, for Plaintiff and Respondent.

Julie E. Braden, under appointment by the Court of Appeal, for Minor.

Joy B., the maternal grandmother of R.T., appeals from a juvenile court order denying her application for de facto parent status and removing R.T. from her home. She contends that the evidence supported her de facto parent application. She also contends that the removal order was beyond the court's jurisdiction because no application pursuant to Welfare and Institutions Code section 387^[1] had been filed and that the order was not supported by substantial evidence.

We conclude that the court abused its discretion in denying appellant's application for de facto parent status and that it abused its discretion when it removed R.T. from appellant's custody without allowing her an opportunity to be heard. Our disposition on this issue renders appellant's remaining contentions moot.

FACTUAL AND PROCEDURAL BACKGROUND

R.T. first came to the attention of the Department of Public Social Services (DPSS) when he tested positive for amphetamines at birth. He was not then detained. However, on February 24, 2003, when he was three months old, a petition pursuant to section 300 was filed because DPSS believed his mother was not seeking follow-up medical attention for R.T.'s serious medical problems. The petition alleged that R.T.'s mother, Nicole T., had failed to provide adequate care for R.T. and his half siblings, 11-year-old X.P. and eight-year-old Z.T., as a result of substance abuse.^[2] The whereabouts of the children's fathers were unknown. In addition, the petition alleged that R.T. tested positive for amphetamines at birth and that domestic violence between his parents placed all of the children at risk of serious harm.

R.T. was not detained, but placed in the care and custody of his mother. However, Nicole placed all three children with her mother, Joy B. (hereafter appellant). Nicole continued to use amphetamines and several times absconded with R.T. In June 2003, DPSS decided to detain the children. The social worker located Nicole at appellant's home. When the worker announced that the children were going to be detained, Nicole and appellant became very angry and began to â€