Two approaches the dependency court utilizes in determining de facto parent status.

There are two main approaches the court uses.
(1)    The traditional approach:

This approach focuses on the nature of the relationship of the child to the person seeking de facto parent status.  Where there currently exists a positive psychological parent-child relationship that has developed in a wholesome and stable environment, de facto parent status is warranted.  This approach holds that it is the special nature of the positive psychological parent-child relationship which creates the legally recognizable interest of the adult in the child so as to merit an award of de facto parent status.  This is the favored approach.

(2)    The liberal view:
This view believes that the juvenile court can only benefit from all possible information.  Decisions following the more liberal approach often overlook or discount the fact that the juvenile court can allow persons with a legitimate interest in a case to be present during hearings, that any person can ask the court to modify or vacate any order if they have evidence the court did not have at the time the order was made and the best interests of the child would be served, and that relatives and caretakers of dependent children have the right to make their views known to the juvenile court and to provide the court with information.  This trend has led to some extreme outcomes, for example in one case, awarding de facto parent status to a man that the child wanted nothing to do with.

The question the court considers is whether the individual facts of the case show the person applying for de facto parent status has assumed the role of a parent and cared for the child, developing a substantial interest in the companionship, care, and management of the child that merits legal recognition.  If the person has such an interest, de facto parent status should be granted so the person can participate in the proceedings to assert and protect his/her own interest in the companionship, care, custody and management of the child.