reglab/statecodes huggingface dataset:
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 1 - General Provisions › Section 7801.

7801. This part shall be liberally construed to serve and protect the interests and welfare of the child.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 1 - General Provisions › Section 7802.

7802. A proceeding may be brought under this part for the purpose of having a minor child declared free from the custody and control of either or both parents.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 1 - General Provisions › Section 7803.

7803. A declaration of freedom from parental custody and control pursuant to this part terminates all parental rights and responsibilities with regard to the child.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 1 - General Provisions › Section 7804.

7804. In a proceeding under this part, the court may appoint a suitable party to act in behalf of the child and may order such further notice of the proceedings to be given as the court deems proper.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 1 - General Provisions › Section 7805.

7805. (a) A petition filed in a proceeding under this part, or a report of the probation officer or county department designated by the board of supervisors to administer the public social services program filed in a proceeding under this part, may be inspected only by the following persons:
(1) Court personnel.
(2) The child who is the subject of the proceeding.
(3) The parents or guardian of the child.
(4) The attorneys for the parties.
(5) Any other person designated by the judge.
(b) In a proceeding before the court of appeal or Supreme Court to review a judgment or order entered in a proceeding under this part, the court record and briefs filed by the parties may be inspected only by the following persons:
(1) Court personnel.
(2) A party to the proceeding.
(3) The attorneys for the parties.
(4) Any other person designated by the presiding judge of the court before which the matter is pending.
(c) Notwithstanding any other provision of law, if it is believed that the welfare of the child will be promoted thereby, the court and the probation officer may furnish information, pertaining to a petition under this part, to any of the following:
(1) The State Department of Social Services.
(2) A county welfare department.
(3) A public welfare agency.
(4) A private welfare agency licensed by the State Department of Social Services.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 1 - General Provisions › Section 7806.

7806. There shall be no filing fee charged for a proceeding brought under this part.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 1 - General Provisions › Section 7807.

7807. (a) Sections 3020, 3022, 3040 to 3043, inclusive, and 3409 do not apply in a proceeding under this part.
(b) Except as provided in this subdivision and subdivision (c), all proceedings affecting a child, including proceedings under Divisions 8 (commencing with Section 3000) to 11 (commencing with Section 6500), inclusive, Part 1 (commencing with Section 7500) to Part 3 (commencing with Section 7600), inclusive, of this division, and Part 1 (commencing with Section 1400), Part 2 (commencing with Section 1500), and Part 4 (commencing with Section 2100) of Division 4 of the Probate Code, and any motion or petition for custody or visitation filed in a proceeding under this part, shall be stayed. The petition to free the minor from parental custody and control under this section is the only matter that may be heard during the stay until the court issues a final ruling on the petition.
(c) This section does not limit the jurisdiction of the court pursuant to Part 3 (commencing with Section 6240) and Part 4 (commencing with Section 6300) of Division 10 with respect to domestic violence orders, or pursuant to Article 6 (commencing with Section 300) of Chapter 2 of Part 1 of Division 2 of the Welfare and Institutions Code with respect to dependency proceedings.
(Amended by Stats. 2014, Ch. 763, Sec. 5. (AB 1701) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 1 - General Provisions › Section 7808.

7808. This part does not apply to a minor adjudged a dependent child of the juvenile court pursuant to subdivision (c) of Section 360 of the Welfare and Institutions Code on and after January 1, 1989, during the period in which the minor is a dependent child of the court. For those minors, the exclusive means for the termination of parental rights are provided in the following statutes:
(a) Section 366.26 of the Welfare and Institutions Code.
(b) Sections 8604 to 8606, inclusive, and 8700 of this code.
(c) Chapter 5 (commencing with Section 7660) of Part 3 of this division of this code.
(Amended by Stats. 1994, Ch. 1269, Sec. 55.4. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 2 - Circumstances Where Proceeding May Be Brought › Section 7820.

7820. A proceeding may be brought under this part for the purpose of having a child under the age of 18 years declared free from the custody and control of either or both parents if the child comes within any of the descriptions set out in this chapter.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 2 - Circumstances Where Proceeding May Be Brought › Section 7821.

7821. A finding pursuant to this chapter shall be supported by clear and convincing evidence, except as otherwise provided.
(Amended by Stats. 2006, Ch. 838, Sec. 4. Effective January 1, 2007.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 2 - Circumstances Where Proceeding May Be Brought › Section 7823.

7823. (a) A proceeding under this part may be brought if all of the following requirements are satisfied:
(1) The child has been neglected or cruelly treated by either or both parents. A finding that a parent committed severe sexual abuse, as described in paragraph (6) of subdivision (b) of Section 361.5 of the Welfare and Institutions Code, against the child shall be prima facie evidence that the parent has neglected or cruelly treated the child within the meaning of this subdivision.
(2) The child has been a dependent child of the juvenile court under any subdivision of Section 300 of the Welfare and Institutions Code and the parent or parents have been deprived of the child’s custody for one year before the filing of a petition pursuant to this part.
(b) Physical custody by the parent or parents for insubstantial periods of time does not interrupt the running of the one-year period.
(Amended by Stats. 2018, Ch. 83, Sec. 1. (AB 2792) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 2 - Circumstances Where Proceeding May Be Brought › Section 7824.

7824. (a) “Disability” as used in this section means any physical or mental incapacity which renders the parent or parents unable to care for and control the child adequately.
(b) A proceeding under this part may be brought where all of the following requirements are satisfied:
(1) The child is one whose parent or parents (A) suffer a disability because of the habitual use of alcohol, or any of the controlled substances specified in Schedules I to V, inclusive, of Division 10 (commencing with Section 11000) of the Health and Safety Code, except when these controlled substances are used as part of a medically prescribed plan, or (B) are morally depraved.
(2) The child has been a dependent child of the juvenile court, and the parent or parents have been deprived of the child’s custody continuously for one year immediately before the filing of a petition pursuant to this part.
(c) Physical custody by the parent or parents for insubstantial periods of time does not interrupt the running of the one-year period.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 2 - Circumstances Where Proceeding May Be Brought › Section 7825.

7825. (a) A proceeding under this part may be brought where both of the following requirements are satisfied:
(1) The child is one whose parent or parents are convicted of a felony.
(2) The facts of the crime of which the parent or parents were convicted are of such a nature so as to prove the unfitness of the parent or parents to have the future custody and control of the child. In making a determination pursuant to this section, the court may consider the parent’s criminal record prior to the felony conviction to the extent that the criminal record demonstrates a pattern of behavior substantially related to the welfare of the child or the parent’s ability to exercise custody and control regarding the child.
(b) The mother of a child may bring a proceeding under this part against the father of the child, where the child was conceived as a result of an act in violation of Section 261 of the Penal Code, and where the father was convicted of that violation. For purposes of this subdivision, there is a conclusive presumption that the father is unfit to have custody or control of the child.
(Amended by Stats. 2019, Ch. 115, Sec. 101. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 2 - Circumstances Where Proceeding May Be Brought › Section 7826.

7826. A proceeding under this part may be brought where both of the following requirements are satisfied:
(a) The child is one whose parent or parents have been declared by a court of competent jurisdiction, wherever situated, to be developmentally disabled or mentally ill.
(b) In the state or country in which the parent or parents reside or are hospitalized, the Director of State Hospitals or the Director of Developmental Services, or their equivalent, if any, and the executive director of the hospital, if any, of which the parent or parents are inmates or patients, certify that the parent or parents so declared to be developmentally disabled or mentally ill will not be capable of supporting or controlling the child in a proper manner.
(Amended by Stats. 2012, Ch. 440, Sec. 6. (AB 1488) Effective September 22, 2012.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 2 - Circumstances Where Proceeding May Be Brought › Section 7827.

7827. (a) “Mentally disabled” as used in this section means that a parent or parents suffer a mental incapacity or disorder that renders the parent or parents unable to care for and control the child adequately.
(b) A proceeding under this part may be brought if the child is one whose parent or parents are mentally disabled and are likely to remain so in the foreseeable future.
(c) Except as provided in subdivision (d), the evidence of any two experts, each of whom shall be a physician and surgeon, certified either by the American Board of Psychiatry and Neurology or under Section 6750 of the Welfare and Institutions Code, a licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders, is required to support a finding under this section. In addition to this requirement, the court shall have the discretion to call a licensed marriage and family therapist, a licensed professional clinical counselor, or a licensed clinical social worker, either of whom shall have at least five years of relevant postlicensure experience, in circumstances in which the court determines that this testimony is in the best interest of the child and is warranted by the circumstances of the particular family or parenting issues involved. However, the court may not call a licensed marriage and family therapist, licensed professional clinical counselor, or licensed clinical social worker pursuant to this section who is the adoption service provider, as defined in Section 8502, of the child who is the subject of the petition to terminate parental rights.
(d) If the parent or parents reside in another state or in a foreign country, the evidence required by this section may be supplied by the affidavits of two experts, each of whom shall be either of the following:
(1) A physician and surgeon who is a resident of that state or foreign country, and who has been certified by a medical organization or society of that state or foreign country to practice psychiatric or neurological medicine.
(2) A licensed psychologist who has a doctoral degree in psychology and at least five years of postgraduate experience in the diagnosis and treatment of emotional and mental disorders and who is licensed in that state or authorized to practice in that country.
(e) If the rights of a parent are sought to be terminated pursuant to this section, and the parent does not have an attorney, the court shall appoint an attorney for the parent pursuant to Article 4 (commencing with Section 7860) of Chapter 3, whether or not a request for the appointment is made by the parent.
(Amended by Stats. 2018, Ch. 389, Sec. 13. (AB 2296) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 1 - Authorized Petitioners › Section 7840.

7840. (a) A petition may be filed under this part for an order or judgment declaring a child free from the custody and control of either or both parents by any of the following:
(1) The State Department of Social Services, a county welfare department, a licensed private or public adoption agency, a county adoption department, or a county probation department which is planning adoptive placement of the child with a licensed adoption agency.
(2) The State Department of Social Services acting as an adoption agency in counties which are not served by a county adoption agency.
(b) The fact that a child is in a foster care home subject to the requirements of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code does not prevent the filing of a petition under subdivision (a).
(c) The county counsel or, if there is no county counsel, the district attorney of the county specified in Section 7845 shall, in a proper case, institute the proceeding upon the request of any of the state or county agencies mentioned in subdivision (a). The proceeding shall be instituted pursuant to this part within 30 days of the request.
(d) If, at the time of the filing of a petition by a department or agency specified in subdivision (a), the child is in the custody of the petitioner, the petitioner may continue to have custody of the child pending the hearing on the petition unless the court, in its discretion, makes such other order regarding custody pending the hearing as it finds will best serve and protect the interest and welfare of the child.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 1 - Authorized Petitioners › Section 7841.

7841. (a) An interested person may file a petition under this part for an order or judgment declaring a child free from the custody and control of either or both parents.
(b) For purposes of this section, an “interested person” is one who has a direct interest in the action, and includes, but is not limited to, a person who has filed, or who intends to file within a period of 6 months, an adoption petition under Section 8714, 8802, or 9000, or a licensed adoption agency to whom the child has been relinquished by the other parent.
(Amended by Stats. 2007, Ch. 47, Sec. 3. Effective January 1, 2008.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 1 - Authorized Petitioners › Section 7842.

7842. A single petition may be filed under this part to free a child, or more than one child if the children are biological siblings, from the custody and control of both parents. A petition filed in accordance with this section may be granted in whole or in part in accordance with the procedures set forth in this chapter. The court shall retain discretion to bifurcate any case in which the petition was filed in accordance with this section, and shall do so whenever it is necessary to protect the interests of a party or a child who is the subject of the proceeding.
(Added by Stats. 2014, Ch. 763, Sec. 6. (AB 1701) Effective January 1, 2015.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 2 - Venue › Section 7845.

7845. The petition shall be filed in any of the following:
(a) The county in which a minor described in Chapter 2 (commencing with Section 7820) resides or is found.
(b) The county in which any of the acts which are set forth in Chapter 2 (commencing with Section 7820) are alleged to have occurred.
(c) The county in which a petition for the adoption of the child has been filed or the adoption agency to which the child has been relinquished or proposed to be relinquished has an office.
(Amended by Stats. 2009, Ch. 492, Sec. 2. (AB 941) Effective January 1, 2010.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 3 - Investigation and Report › Section 7850.

7850. Upon the filing of a petition under Section 7841, the clerk of the court shall, in accordance with the direction of the court, immediately notify the juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department designated by the board of supervisors to administer the public social services program, who shall immediately investigate the circumstances of the child and the circumstances which are alleged to bring the child within any provision of Chapter 2 (commencing with Section 7820).
(Amended by Stats. 2018, Ch. 389, Sec. 14. (AB 2296) Effective January 1, 2019.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 3 - Investigation and Report › Section 7851.

7851. (a) The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child.
(b) The report shall include all of the following:
(1) A statement that the person making the report explained to the child the nature of the proceeding to end parental custody and control.
(2) A statement of the child’s feelings and thoughts concerning the pending proceeding.
(3) A statement of the child’s attitude towards the child’s parent or parents and particularly whether or not the child would prefer living with the parent or parents.
(4) A statement that the child was informed of the child’s right to attend the hearing on the petition and the child’s feelings concerning attending the hearing.
(c) If the age, or the physical, emotional, or other condition of the child precludes the child’s meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision.
(d) The court shall receive the report in evidence and shall read and consider its contents in rendering the court’s judgment.
(Amended by Stats. 2019, Ch. 115, Sec. 102. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 3 - Investigation and Report › Section 7851.5.

7851.5. The petitioner shall be liable for all reasonable costs incurred in connection with the termination of parental rights, including, but not limited to, costs incurred for the investigation required by this article. However, public agencies and nonprofit organizations are exempt from payment of the costs of the investigation. The liability of a petitioner for costs under this section shall not exceed nine hundred dollars ($900). The court may defer, waive, or reduce the costs when the payment would cause an economic hardship which would be detrimental to the welfare of the child.
(Added by Stats. 1994, Ch. 1286, Sec. 1. Effective January 1, 1995.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 3 - Investigation and Report › Section 7852.

7852. “Qualified court investigator,” as used in this article, has the meaning provided by Section 8543.
(Added by Stats. 1993, Ch. 219, Sec. 182. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 4 - Appointment of Counsel › Section 7860.

7860. At the beginning of the proceeding on a petition filed pursuant to this part, counsel shall be appointed as provided in this article. The public defender or private counsel may be appointed as counsel pursuant to this article. The same counsel shall not be appointed to represent both the child and the child’s parent.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 4 - Appointment of Counsel › Section 7861.

7861. The court shall consider whether the interests of the child require the appointment of counsel. If the court finds that the interests of the child require representation by counsel, the court shall appoint counsel to represent the child, whether or not the child is able to afford counsel. The child shall not be present in court unless the child so requests or the court so orders.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 4 - Appointment of Counsel › Section 7862.

7862. If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless that representation is knowingly and intelligently waived.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 4 - Appointment of Counsel › Section 7863.

7863. Private counsel appointed under this article shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount so determined shall be paid by the real parties in interest, other than the child, in proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 4 - Appointment of Counsel › Section 7864.

7864. The court may continue the proceeding for not to exceed 30 days as necessary to appoint counsel and to enable counsel to become acquainted with the case.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 5 - Time for Hearing; Continuance › Section 7870.

7870. (a) It is the public policy of this state that judicial proceedings to declare a child free from parental custody and control shall be fully determined as expeditiously as possible.
(b) Notwithstanding any other provision of law, a proceeding to declare a child free from parental custody and control pursuant to this part shall be set for hearing not more than 45 days after the filing of the petition. If, at the time set for hearing, or at any continuance thereof, service has been completed and no interested person appears to contest, the court may issue an order based on the verified pleadings and any other evidence as may be submitted. If any interested person appears to contest the matter, the court shall set the matter for trial. The matter so set has precedence over all other civil matters on the date set for trial.
(c) The court may continue the proceeding as provided in Section 7864 or Section 7871.
(Amended by Stats. 2012, Ch. 638, Sec. 4. (AB 1757) Effective January 1, 2013.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 5 - Time for Hearing; Continuance › Section 7871.

7871. (a) A continuance may be granted only upon a showing of good cause. Neither a stipulation between counsel nor the convenience of the parties is in and of itself a good cause.
(b) Unless the court for good cause entertains an oral motion for continuance, written notice of a motion for a continuance of the hearing shall be filed within two court days of the date set for the hearing, together with affidavits or declarations detailing specific facts showing that a continuance is necessary.
(c) A continuance shall be granted only for that period of time shown to be necessary by the evidence considered at the hearing on the motion. Whenever a continuance is granted, the facts proven which require the continuance shall be entered upon the minutes of the court.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 6 - Notice of Proceeding and Attendance at Hearing › Section 7880.

7880. (a) Upon the filing of the petition, a citation shall issue requiring any person having the custody or control of the child, or the person with whom the child is, to appear at a time and place stated in the citation.
(b) The citation shall also require the person to appear with the child except that, if the child is under the age of 10 years, appearance with the child is required only upon order of the court after necessity has been shown.
(c) Service of the citation shall be made in the manner prescribed by law for service of civil process at least 10 days before the time stated in the citation for the appearance. The party or attorney responsible for serving the citation shall do so in a timely manner in order to maximize the response time available to the party being served.
(Amended by Stats. 2012, Ch. 638, Sec. 5. (AB 1757) Effective January 1, 2013.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 6 - Notice of Proceeding and Attendance at Hearing › Section 7881.

7881. (a) Notice of the proceeding shall be given by service of a citation on the father or mother of the child, if the place of residence of the father or mother is known to the petitioner. If the place of residence of the father or mother is not known to the petitioner, then the citation shall be served on the grandparents and adult brothers, sisters, uncles, aunts, and first cousins of the child, if there are any and if their residences and relationships to the child are known to the petitioner.
(b) The citation shall advise the person or persons that they may appear at the time and place stated in the citation. The citation shall also advise the person or persons of the rights and procedures set forth in Article 4 (commencing with Section 7860). If the petition is filed for the purpose of freeing the child for placement for adoption, the citation shall so state.
(c) The citation shall be served in the manner provided by law for the service of a summons in a civil action, other than by publication. If one parent has relinquished the child for the purpose of adoption, or has signed a consent for adoption as provided in Sections 8700, 8814, or 9003, notice as provided in this section need not be given to the parent who has signed the relinquishment or consent.
(d) Service of the citations required by this section shall be made at least 10 days before the time stated in the citation for the appearance.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 6 - Notice of Proceeding and Attendance at Hearing › Section 7882.

7882. (a) If the parent of the child or a person alleged to be or claiming to be the parent cannot, with reasonable diligence, be served as provided for in Section 7881, or if the parent’s place of residence is not known to the petitioner, the petitioner or the petitioner’s agent or attorney shall make and file an affidavit stating the name of the parent or alleged parent and their place of residence, if known to the petitioner, and the name of the parent or alleged parent whose place of residence is unknown to the petitioner.
(b) Upon the filing of the affidavit, the court shall make an order that (1) the service shall be made by the publication of a citation requiring the parent or alleged parent to appear at the time and place stated in the citation and (2) the citation shall be published pursuant to Section 6064 of the Government Code in a newspaper to be named and designated in the order as most likely to give notice to the parent or alleged parent to be served.
(c) In case of publication where the residence of a parent or alleged parent is known, the court shall also direct a copy of the citation to be forthwith served upon that parent or alleged parent by mail by deposit in the post office properly addressed and with the postage thereon fully prepaid, directed to that parent or alleged parent at the place of residence. When publication is ordered, service of a copy of the citation in the manner provided for in Section 7881 is equivalent to publication and deposit in the post office.
(d) If one or both of the parents of the child are unknown or if the names of one or both of the child’s parents are uncertain, that fact shall be set forth in the affidavit and the court shall order the citation to be directed to either or both of the child’s parents, naming and otherwise describing the child, and to all persons claiming to be a parent of the child.
(e) Service is complete at the expiration of the time prescribed by the order for publication or when service is made as provided for in Section 7881, whichever event first occurs.
(Amended by Stats. 2019, Ch. 115, Sec. 103. (AB 1817) Effective January 1, 2020.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 6 - Notice of Proceeding and Attendance at Hearing › Section 7883.

7883. If a person personally served with a citation within this state as provided in Section 7880 fails without reasonable cause to appear and abide by the order of the court, or to bring the child before the court if so required in the citation, the failure constitutes a contempt of court.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 6 - Notice of Proceeding and Attendance at Hearing › Section 7884.

7884. (a) Unless requested by the child concerning whom the petition has been filed and any parent or guardian present, the public shall not be admitted to a proceeding under this part.
(b) Notwithstanding subdivision (a), the judge may admit those persons the judge determines have a direct and legitimate interest in the particular case or in the work of the court.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 7 - Hearing and Subsequent Proceedings › Section 7890.

7890. In a proceeding under this part, the court shall consider the wishes of the child, bearing in mind the age of the child, and shall act in the best interest of the child.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 7 - Hearing and Subsequent Proceedings › Section 7891.

7891. (a) Except as otherwise provided in this section, if the child who is the subject of the petition is 10 years of age or older, the child shall be heard by the court in chambers on at least the following matters:
(1) The feelings and thoughts of the child concerning the custody proceeding about to take place.
(2) The feelings and thoughts of the child about the child’s parent or parents.
(3) The child’s preference as to custody, according to Section 3042.
(b) The court shall inform the child of the child’s right to attend the hearing. However, counsel for the child may waive the hearing in chambers by the court.
(c) This section does not apply if the child is confined because of illness or other incapacity to an institution or residence and is therefore unable to attend.
(Amended by Stats. 1993, Ch. 219, Sec. 182.5. Effective January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 7 - Hearing and Subsequent Proceedings › Section 7892.

7892. (a) The testimony of the child may be taken in chambers and outside the presence of the child’s parent or parents if the child’s parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
(1) The court determines that testimony in chambers is necessary to ensure truthful testimony.
(2) The child is likely to be intimidated by a formal courtroom setting.
(3) The child is afraid to testify in front of the child’s parent or parents.
(b) The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in subdivision (a).
(c) A finding pursuant to this section shall be supported by clear and convincing evidence.
(d) After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 7 - Hearing and Subsequent Proceedings › Section 7892.5.

7892.5. The court shall not declare an Indian child free from the custody or control of a parent, unless both of the following apply:
(a) The court finds, supported by clear and convincing evidence, that active efforts were made in accordance with Section 361.7 of the Welfare and Institutions Code.
(b) The court finds, supported by evidence beyond a reasonable doubt, including testimony of one or more “qualified expert witnesses” as described in Section 224.5 of the Welfare and Institutions Code, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child.
(c) This section shall only apply to proceedings involving an Indian child.
(Added by Stats. 2006, Ch. 838, Sec. 6. Effective January 1, 2007.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 7 - Hearing and Subsequent Proceedings › Section 7893.

7893. (a) If the court, by order or judgment, declares a child free from the custody and control of both parents under this part, or one parent if the other no longer has custody and control, the court shall at the same time take one of the following actions:
(1) Appoint a guardian for the child.
(2) At the request of the State Department of Social Services or a licensed adoption agency, or where the court finds it is in the child’s best interest, refer the child to a licensed adoption agency for adoptive placement by the agency.
(b) When the court refers the child to a licensed adoption agency for adoptive placement by the agency:
(1) The agency is responsible for the care of the child and is entitled to the exclusive custody and control of the child at all times until a petition for adoption has been granted.
(2) After the referral, no petition for guardianship may be filed without the consent of the agency.
(3) No petition for adoption may be heard until the appellate rights of the natural parents have been exhausted.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 7 - Hearing and Subsequent Proceedings › Section 7894.

7894. (a) An order and judgment of the court declaring a child free from the custody and control of a parent or parents under this part is conclusive and binding upon the child, upon the parent or parents, and upon all other persons who have been served with citations by publication or otherwise as provided in this part.
(b) After making the order and judgment, the court has no power to set aside, change, or modify it.
(c) Nothing in this section limits the right to appeal from the order and judgment.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 4 - FREEDOM FROM PARENTAL CUSTODY AND CONTROL › CHAPTER 3 - Procedure › ARTICLE 7 - Hearing and Subsequent Proceedings › Section 7895.

7895. (a) Upon appeal from a judgment freeing a child who is a dependent child of the juvenile court from parental custody and control, the appellate court shall appoint counsel for the appellant as provided by this section.
(b) Upon motion by the appellant and a finding that the appellant is unable to afford counsel, the appellate court shall appoint counsel for the indigent appellant, and appellant’s counsel shall be provided a free copy of the reporter’s and clerk’s transcript. All of those costs are a charge against the court.
(c) The reporter’s and clerk’s transcripts shall be prepared and transmitted immediately after filing of the notice of appeal, at court expense and without advance payment of fees. If the appellant is able to afford counsel, the court may seek reimbursement from the appellant for the cost of the transcripts under subdivision (c) of Section 68511.3 of the Government Code as though the appellant had been granted permission to proceed in forma pauperis.
(Amended by Stats. 2001, Ch. 754, Sec. 3. Effective January 1, 2002.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7900.

7900. The Interstate Compact on Placement of Children as set forth in Section 7901 is hereby adopted and entered into with all other jurisdictions joining therein.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7901.1.

7901.1. (a) Within 60 days of receipt of a request from another state to conduct a study of a home environment for purposes of assessing the safety and suitability of placing a child in the home, a county child welfare agency shall, directly or by contract, do both of the following:
(1) Conduct and complete the study.
(2) Return a report to the requesting state on the results of the study. The report shall address the extent to which placement in the home would meet the needs of the child.
(b) Except as provided in subdivision (c), in the case of a home study commenced on or before September 30, 2008, if the agency fails to comply with subdivision (a) within the 60-day period as a result of circumstances beyond the control of the agency, the agency shall have 75 days to comply with subdivision (a). The agency shall document the circumstances involved and certify that completing the home study is in the best interests of the child. For purposes of this subdivision, “circumstances beyond the control of the agency” include, but are not limited to, the failure of a federal agency to provide the results of a background check or the failure of any entity to provide completed medical forms, if the background check or records were requested by the agency at least 45 days before the end of the 60-day period.
(c) Subdivision (b) shall not be construed to require the agency to have completed, within the applicable period, the parts of the home study involving the education and training of the prospective foster or adoptive parents.
(d) The agency shall treat any report described in subdivision (a) that is received from another state, an Indian tribe, or a private agency under contract with another state, as meeting any requirements imposed by the state for the completion of a home study before placing a child in the home, unless, within 14 days after receipt of the report, the agency determines, based on grounds that are specific to the content of the report, that making a decision in reliance on the report would be contrary to the welfare of the child.
(e) A county is not restricted from contracting with a private agency for the conduct of a home study described in subdivision (a).
(f) The department shall work with counties to identify barriers to meeting the timeframes specified in this section and to develop recommendations to reduce or eliminate those barriers.
(Added by Stats. 2007, Ch. 583, Sec. 1. Effective January 1, 2008.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7902.

7902. Financial responsibility for a child placed pursuant to the Interstate Compact on the Placement of Children shall be determined in accordance with Article 5 of the compact in the first instance. However, in the event of partial or complete default of performance thereunder, the provisions of other state laws also may be invoked.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7903.

7903. The phrase “appropriate public authorities” as used in Article 3 of the Interstate Compact on the Placement of Children means, with reference to this state, the State Department of Social Services, and that department shall receive and act with reference to notices required by Article 3 of the compact.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7904.

7904. The phrase “appropriate authority in receiving state” as used in paragraph (a) of Article 5 of the Interstate Compact on the Placement of Children, with reference to this state, means the State Department of Social Services.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7905.

7905. The officers and agencies of this state and its subdivisions having authority to place children are hereby empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children. Any such agreement which contains a financial commitment or imposes a financial obligation on this state or subdivision or agency thereof is not binding unless it has the approval in writing of the Controller in the case of the state and of the chief local fiscal officer in the case of a subdivision of the state.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)
2023 California Code › Family Code - FAM › DIVISION 12 - PARENT AND CHILD RELATIONSHIP › PART 5 - INTERSTATE COMPACT ON PLACEMENT OF CHILDREN › Section 7906.

7906. Any requirements for visitation, inspection, or supervision of children, homes, institutions, or other agencies in another party state which may apply under the law of this state shall be deemed to be met if performed pursuant to an agreement entered into by appropriate officers or agencies of this state or a subdivision thereof as contemplated by paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)