CHAPTER 3. Procedure

Chapter 3 enacted by Stats. 1992, Ch. 162, Sec. 10.

§§ 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…