BlackletterCalifornia law

PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL

Part 4 enacted by Stats. 1992, Ch. 162, Sec. 10.

§§ 7800–7895 · 44 sections

  1. CHAPTER 1. General Provisions §§ 7800–7808 · 9 sections
    • § 7800 The purpose of this part is to serve the welfare and best interest of a child by providing the stability and security of an adoptive home when those conditions…
    • § 7801 This part shall be liberally construed to serve and protect the interests and welfare of the child.
    • § 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.
    • § 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.
    • § 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…
    • § 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…
    • § 7806 There shall be no filing fee charged for a proceeding brought under this part.
    • § 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…
    • § 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…
  2. CHAPTER 2. Circumstances Where Proceeding May Be Brought §§ 7820–7827 · 8 sections
    • § 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…
    • § 7821 A finding pursuant to this chapter shall be supported by clear and convincing evidence, except as otherwise provided.
    • § 7822 (a) A proceeding under this part may be brought if any of the following occur: (1) The child has been left without provision for the child’s identification by…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
    • § 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…
  3. CHAPTER 3. Procedure §§ 7840–7895 · 27 sections
    1. ARTICLE 1. Authorized Petitioners §§ 7840–7842 · 3 sections
      • § 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…
      • § 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…
      • § 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…
    2. ARTICLE 2. Venue § 7845 · 1 section
      • § 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.…
    3. ARTICLE 3. Investigation and Report §§ 7850–7852 · 4 sections
      • § 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…
      • § 7851 (a) The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed…
      • § 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…
      • § 7852 “Qualified court investigator,” as used in this article, has the meaning provided by Section 8543.
    4. ARTICLE 4. Appointment of Counsel §§ 7860–7864 · 5 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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.
    5. ARTICLE 5. Time for Hearing; Continuance §§ 7870–7871 · 2 sections
      • § 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…
      • § 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…
    6. ARTICLE 6. Notice of Proceeding and Attendance at Hearing §§ 7880–7884 · 5 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
    7. ARTICLE 7. Hearing and Subsequent Proceedings §§ 7890–7895 · 7 sections
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…
      • § 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…