citation: FAM § 7821

text: A finding pursuant to this chapter shall be supported by clear and convincing evidence, except as otherwise provided.

history: (History: Amended by Stats. 2006, Ch. 838, Sec. 4. Effective January 1, 2007.)

chapter: 2. Circumstances Where Proceeding May Be Brought


kind: section

code: FAM

citation: FAM § 7822

text:
(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 the child’s parent or parents.

(2) The child has been left by both parents or the sole parent in the care and custody of another person for a period of six months without any provision for the child’s support, or without communication from the parent or parents, with the intent on the part of the parent or parents to abandon the child.

(3) One parent has left the child in the care and custody of the other parent for a period of one year without any provision for the child’s support, or without communication from the parent, with the intent on the part of the parent to abandon the child.

(b) The failure to provide identification, failure to provide support, or failure to communicate is presumptive evidence of the intent to abandon. If the parent or parents have made only token efforts to support or communicate with the child, the court may declare the child abandoned by the parent or parents. In the event that a guardian has been appointed for the child, the court may still declare the child abandoned if the parent or parents have failed to communicate with or support the child within the meaning of this section.

(c) If the child has been left without provision for the child’s identification and the whereabouts of the parents are unknown, a petition may be filed after the 120th day following the discovery of the child and citation by publication may be commenced. The petition may not be heard until after the 180th day following the discovery of the child.

(d) If the parent has agreed for the child to be in the physical custody of another person or persons for adoption and has not signed an adoption placement agreement pursuant to Section 8801.3, a consent to adoption pursuant to Section 8814, or a relinquishment to a licensed adoption agency pursuant to Section 8700, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child. If the parent has placed the child for adoption pursuant to Section 8801.3, consented to adoption pursuant to Section 8814, or relinquished the child to a licensed adoption agency pursuant to Section 8700, and has then either revoked the consent or rescinded the relinquishment, but has not taken reasonable action to obtain custody of the child, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child.

(e) Notwithstanding subdivisions (a), (b), (c), and (d), if the parent of an Indian child has transferred physical care, custody, and control of the child to an Indian custodian, that action shall not be deemed to constitute an abandonment of the child, unless the parent manifests the intent to abandon the child by either of the following:

(1) Failing to resume physical care, custody, and control of the child upon the request of the Indian custodian provided that, if the Indian custodian is unable to make a request because the parent has failed to keep the Indian custodian apprised of the parent’s whereabouts and the Indian custodian has made reasonable efforts to determine the whereabouts of the parent without success, there may be evidence of intent to abandon.

(2) Failing to substantially comply with any obligations assumed by the parent in the agreement with the Indian custodian despite the Indian custodian’s objection to the noncompliance.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 100. (AB 1817) Effective January 1, 2020.)

division: 12. PARENT AND CHILD RELATIONSHIP

path: 12. PARENT AND CHILD RELATIONSHIP > 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL > 2. Circumstances Where Proceeding May Be Brought


citation: FAM § 7823

text:
(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.

history: (History: Amended by Stats. 2018, Ch. 83, Sec. 1. (AB 2792) Effective January 1, 2019.)

part: 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL


citation: FAM § 7824

text:
(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.

history: (History: Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)


citation: FAM § 7825

text:
(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.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 101. (AB 1817) Effective January 1, 2020.)


citation: FAM § 7826

text:
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.

history: (History: Amended by Stats. 2012, Ch. 440, Sec. 6. (AB 1488) Effective September 22, 2012.)


citation: FAM § 7827

text:
(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.

history: (History: Amended by Stats. 2018, Ch. 389, Sec. 13. (AB 2296) Effective January 1, 2019.)


citation: FAM § 7840

text:
(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.

chapter: 3. Procedure

article: 1. Authorized Petitioners

path: 12. PARENT AND CHILD RELATIONSHIP > 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL > 3. Procedure > 1. Authorized Petitioners


citation: FAM § 7841

text:
(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.

history: (History: Amended by Stats. 2007, Ch. 47, Sec. 3. Effective January 1, 2008.)

article: 1. Authorized Petitioners


citation: FAM § 7842

text: 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.

history: (History: Added by Stats. 2014, Ch. 763, Sec. 6. (AB 1701) Effective January 1, 2015.)

article: 1. Authorized Petitioners


citation: FAM § 7845

text:
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.

history: (History: Amended by Stats. 2009, Ch. 492, Sec. 2. (AB 941) Effective January 1, 2010.)

article: 2. Venue

path: 12. PARENT AND CHILD RELATIONSHIP > 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL > 3. Procedure > 2. Venue


citation: FAM § 7850

text: 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).

history: (History: Amended by Stats. 2018, Ch. 389, Sec. 14. (AB 2296) Effective January 1, 2019.)

article: 3. Investigation and Report

path: 12. PARENT AND CHILD RELATIONSHIP > 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL > 3. Procedure > 3. Investigation and Report


citation: FAM § 7851

text:
(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.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 102. (AB 1817) Effective January 1, 2020.)

article: 3. Investigation and Report


text: 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.

history: (History: Added by Stats. 1994, Ch. 1286, Sec. 1. Effective January 1, 1995.)

article: 3. Investigation and Report


citation: FAM § 7852

text: “Qualified court investigator,” as used in this article, has the meaning provided by Section 8543.

history: (History: Added by Stats. 1993, Ch. 219, Sec. 182. Effective January 1, 1994.)

article: 3. Investigation and Report


citation: FAM § 7860

text: 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.

article: 4. Appointment of Counsel

path: 12. PARENT AND CHILD RELATIONSHIP > 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL > 3. Procedure > 4. Appointment of Counsel


citation: FAM § 7861

text: 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.

article: 4. Appointment of Counsel


citation: FAM § 7862

text: 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.

article: 4. Appointment of Counsel


citation: FAM § 7863

text: 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.

article: 4. Appointment of Counsel


citation: FAM § 7864

text: 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.

article: 4. Appointment of Counsel


citation: FAM § 7870

text:
(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.

history: (History: Amended by Stats. 2012, Ch. 638, Sec. 4. (AB 1757) Effective January 1, 2013.)

article: 5. Time for Hearing; Continuance

path: 12. PARENT AND CHILD RELATIONSHIP > 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL > 3. Procedure > 5. Time for Hearing; Continuance


citation: FAM § 7871

text:
(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.

article: 5. Time for Hearing; Continuance


citation: FAM § 7880

text:
(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.

history: (History: Amended by Stats. 2012, Ch. 638, Sec. 5. (AB 1757) Effective January 1, 2013.)

path: 12. PARENT AND CHILD RELATIONSHIP > 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL > 3. Procedure > 6. Notice of Proceeding and Attendance at Hearing


citation: FAM § 7881

text:
(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.

article: 6. Notice of Proceeding and Attendance at Hearing


citation: FAM § 7882

text:
(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.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 103. (AB 1817) Effective January 1, 2020.)


citation: FAM § 7883

text: 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.


citation: FAM § 7884

text:
(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.


citation: FAM § 7890

text: 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.

article: 7. Hearing and Subsequent Proceedings

path: 12. PARENT AND CHILD RELATIONSHIP > 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL > 3. Procedure > 7. Hearing and Subsequent Proceedings


citation: FAM § 7891

text:
(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.

history: (History: Amended by Stats. 1993, Ch. 219, Sec. 182.5. Effective January 1, 1994.)

article: 7. Hearing and Subsequent Proceedings


citation: FAM § 7892

text:
(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.

article: 7. Hearing and Subsequent Proceedings


text:
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.

history: (History: Added by Stats. 2006, Ch. 838, Sec. 6. Effective January 1, 2007.)

article: 7. Hearing and Subsequent Proceedings


citation: FAM § 7893

text:
(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.

article: 7. Hearing and Subsequent Proceedings


citation: FAM § 7894

text:
(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.

article: 7. Hearing and Subsequent Proceedings


citation: FAM § 7895

text:
(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.

history: (History: Amended by Stats. 2001, Ch. 754, Sec. 3. Effective January 1, 2002.)

article: 7. Hearing and Subsequent Proceedings


citation: FAM § 7900

text: 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.

history: (History: Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

path: 12. PARENT AND CHILD RELATIONSHIP > 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN


citation: FAM § 7901

text:
The provisions of the interstate compact referred to in Section 7900 are as follows: INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN Article 1.Purpose and Policy It is the purpose and policy of the party states to cooperate with each other in the interstate placement of children to the end that:

(a) Each child requiring placement shall receive the maximum opportunity to be placed in a suitable environment and with persons or institutions having appropriate qualifications and facilities to provide a necessary and desirable degree and type of care.

(b) The appropriate authorities in a state where a child is to be placed may have full opportunity to ascertain the circumstances of the proposed placement, thereby promoting full compliance with applicable requirements for the protection of the child.

(c) The proper authorities of the state from which the placement is made may obtain the most complete information on the basis on which to evaluate a projected placement before it is made.

(d) Appropriate jurisdictional arrangements for the care of children will be promoted. Article 2.Definitions As used in this compact:

(a) “Child” means a person who, by reason of minority, is legally subject to parental, guardianship, or similar control.

(b) “Sending agency” means a party state, or officer or employee thereof; subdivision of a party state, or officer or employee thereof; a court of a party state; a person, corporation, association, charitable agency, or other entity that sends, brings, or causes to be sent or brought any child to another party state.

(c) “Receiving state” means the state to which a child is sent, brought, or caused to be sent or brought, whether by public authorities or private persons or agencies, and whether for placement with state or local public authorities or for placement with private agencies or persons.

(d) “Placement” means the arrangement for the care of a child in a family free or boarding home or in a child-caring agency or institution, but does not include any institution caring for persons with developmental disabilities or mental health disorders or any institution primarily educational in character, and any hospital or other medical facility. Article 3.Conditions for Placement (a) A sending agency shall not send, bring, or cause to be sent or brought into any other party state any child for placement in foster care or as a preliminary to a possible adoption unless the sending agency complies with each and every requirement set forth in this article and with the applicable laws of the receiving state governing the placement of children therein.

(b) Before sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to a possible adoption, the sending agency shall furnish the appropriate public authorities in the receiving state written notice of the intention to send, bring, or place the child in the receiving state. The notice shall contain:

(1) The name, date, and place of birth of the child.

(2) The identity and address or addresses of the parents or legal guardian.

(3) The name and address of the person, agency, or institution to or with which the sending agency proposes to send, bring, or place the child.

(4) A full statement of the reasons for the proposed action and evidence of the authority pursuant to which the placement is proposed to be made.

(c) Any public officer or agency in a receiving state that receives notice pursuant to paragraph (b) of this article may request of the sending agency, or any other appropriate officer or agency of or in the sending agency’s state, and shall be entitled to receive therefrom, supporting or additional information it deems necessary under the circumstances to carry out the purpose and policy of this compact.

(d) The child shall not be sent, brought, or caused to be sent or brought into the receiving state until the appropriate public authorities in the receiving state notify the sending agency, in writing, to the effect that the proposed placement does not appear to be contrary to the interest of the child. Article 4.Penalty for Illegal Placement The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. A violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any punishment or penalty, any violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency that empowers or allows it to place or care for children. Article 5.Continuing Jurisdiction (a) The sending agency shall retain jurisdiction over the child sufficient to determine all matters in relation to the custody, supervision, care, treatment, and disposition of the child that it would have had if the child had remained in the sending agency’s state, until the child is adopted, reaches majority, becomes self-supporting, or is discharged with the concurrence of the appropriate authority in the receiving state. That jurisdiction shall also include the power to effect or cause the return of the child or the child’s transfer to another location and custody pursuant to law. The sending agency shall continue to have financial responsibility for support and maintenance of the child during the period of the placement. Nothing contained herein shall defeat a claim of jurisdiction by a receiving state sufficient to deal with an act of delinquency or crime committed therein.

(b) When the sending agency is a public agency, it may enter into an agreement with an authorized public or private agency in the receiving state providing for the performance of one or more services in respect of that case by the latter as agent for the sending agency.

(c) This compact shall not be construed to prevent a private charitable agency authorized to place children in the receiving state from performing services or acting as agent in that state for a private charitable agency of the sending state or to prevent the agency in the receiving state from discharging financial responsibility for the support and maintenance of a child who has been placed on behalf of the sending agency without relieving the responsibility set forth in paragraph (a) of this article. Article 6.Institutional Care of Delinquent Children A child adjudicated delinquent may be placed in an institution in another party jurisdiction pursuant to this compact but that placement shall not be made unless the child is given a court hearing on notice to the parent or guardian with opportunity to be heard, before being sent to the other party jurisdiction for institutional care and the court finds that both of the following exist:

(a) Equivalent facilities for the child are not available in the sending agency’s jurisdiction.

(b) Institutional care in the other jurisdiction is in the best interest of the child and will not produce undue hardship. Article 7.Compact Administrator The executive head of each jurisdiction party to this compact shall designate an officer who shall be general coordinator of activities under this compact in that jurisdiction and who, acting jointly with like officers of other party jurisdictions, shall have power to promulgate rules and regulations to carry out more effectively the terms and provisions of this compact. Article 8.Limitations This compact shall not apply to:

(a) The sending or bringing of a child into a receiving state by the child’s parent, stepparent, grandparent, adult brother or sister, adult uncle or aunt, or the child’s guardian and leaving the child with any such relative or nonagency guardian in the receiving state.

(b) Any placement, sending, or bringing of a child into a receiving state pursuant to any other interstate compact to which both the state from which the child is sent or brought and the receiving state are party, or to any other agreement between those states that has the force of law. Article 9.Enactment and Withdrawal This compact shall be open to joinder by any state, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and, with the consent of Congress, the government of Canada or any province thereof. It shall become effective with respect to any of these jurisdictions when that jurisdiction has enacted the same into law. Withdrawal from this compact shall be by the enactment of a statute repealing the same, but shall not take effect until two years after the effective date of the statute and until written notice of the withdrawal has been given by the withdrawing state to the Governor of each other party jurisdiction. Withdrawal of a party state shall not affect the rights, duties, and obligations under this compact of any sending agency therein with respect to a placement made before the effective date of withdrawal. Article 10.Construction and Severability The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 104. (AB 1817) Effective January 1, 2020.)

part: 5. INTERSTATE COMPACT ON PLACEMENT OF CHILDREN


text:
(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.

history: (History: Added by Stats. 2007, Ch. 583, Sec. 1. Effective January 1, 2008.)


citation: FAM § 7902

text: 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.


citation: FAM § 7903

text: 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.


citation: FAM § 7904

text: 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.


citation: FAM § 7905

text: 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.


citation: FAM § 7906

text: 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.


text:
(a) Within 60 days after an officer or agency of this state, or its political subdivision, receives 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, who is in the custody of the requesting state, in the home, the county child welfare agency shall, directly or indirectly, do both of the following:

(1) Conduct and complete the home study.

(2) Return to the requesting state a report on the results of the home study, which shall address the extent to which placement in the home would meet the needs of the child.

(b) A licensed private adoption agency may agree to provide the services listed in subdivision (a), and upon that agreement, shall comply with the requirements of paragraphs (1) and (2) of subdivision (a).

(c) Notwithstanding subdivision (a), in the case of a home study commenced on or before September 30, 2008, if the county fails to comply with subdivision (a) within the 60-day period as a result of circumstances beyond the control of the state, including, but not limited to, failure by a federal agency to provide the results of a background check or failure of any entity to provide completed medical forms requested by the state at least 45 days before the end of the 60-day period, the county shall have 75 days to comply with subdivision (a) if the county documents the circumstances involved and certifies that completing the home study is in the best interest of the child.

(d) Nothing in this section shall be construed to require the county to have completed, within the applicable period, those portions of the home study concerning the education and training of the prospective foster parent or adoptive parent.

(e) The county 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 county 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.

(f) A county is not restricted from contracting with a private agency for the conduct of a home study described in subdivision (a).

history: (History: Added by Stats. 2007, Ch. 583, Sec. 2. Effective January 1, 2008.)


citation: FAM § 7907

text: No provision of law restricting out-of-state placement of children for adoption shall apply to placements made pursuant to the Interstate Compact on the Placement of Children.


text: The Interstate Compact on the Placement of Children shall not apply to any placement, sending, or bringing of an Indian child into another state pursuant to a transfer of jurisdiction to a tribal court under Section 1911 of the Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).

history: (History: Added by Stats. 2006, Ch. 838, Sec. 7. Effective January 1, 2007.)


text:
(a) A child who is born in this state and placed for adoption in this state with a resident of this state is not subject to the provisions of the Interstate Compact on the Placement of Children.

(b) A child who is born in this state and placed for adoption with a person who is not a resident of this state is subject to the provisions of the Interstate Compact on the Placement of Children, regardless of whether the adoption petition is filed in this state. In interstate placements, this state shall be deemed the sending state for any child born in the state.

history: (History: Added by Stats. 2004, Ch. 858, Sec. 2. Effective January 1, 2005.)


citation: FAM § 7908

text: A court having jurisdiction to place children adjudged wards of the court may place a ward in an out-of-state facility, as defined in subdivision (b) of Section 7910, pursuant to Section 727.1 of the Welfare and Institutions Code and Article 6 of the Interstate Compact on the Placement of Children and shall retain jurisdiction as provided in Article 5 of the compact.

history: (History: Amended by Stats. 2021, Ch. 86, Sec. 3. (AB 153) Effective July 16, 2021.)


text: For the purposes of an interstate adoption placement, the term “jurisdiction” as used in Article 5 of the Interstate Compact on the Placement of Children means “jurisdiction over or legal responsibility for the child.” It is the intent of the Legislature that this section make a technical clarification to the Interstate Compact on the Placement of Children and not a substantive change.

history: (History: Added by Stats. 2002, Ch. 260, Sec. 7. Effective January 1, 2003.)


citation: FAM § 7909

text: “Executive head” as used in Article 7 of the Interstate Compact on the Placement of Children means the Governor. The Governor shall appoint a compact administrator in accordance with the terms of Article 7 of the compact.


citation: FAM § 7910

text:
(a) Approval of an interstate placement of a child for adoption shall not be granted by the Compact Administrator if the placement is in violation of either Section 8801 of this code or Section 273 of the Penal Code.

(b) (1) The Compact Administrator shall not submit to a receiving state a request to place a dependent or ward for whom a county child welfare agency or county probation department has placement and care responsibility in an out-of-state residential facility, unless the requirements of Section 7911.1 of this code and Section 361.21 of, or subdivision (b) of Section 727.1 of, the Welfare and Institutions Code are met.

(2) For the purpose of this section, an “out-of-state residential facility” is a facility that is located in a state outside of California, is licensed or otherwise approved by the applicable state or tribal authority, and provides an integrated program of specialized and intensive care and supervision, services and supports, treatment, and short-term, 24-hour, trauma-informed care and supervision to children. An out-of-state residential facility may be called another name, including a group home, a residential treatment facility, or a residential care treatment facility.

history: (History: Amended by Stats. 2021, Ch. 86, Sec. 4. (AB 153) Effective July 16, 2021.)


citation: FAM § 7911

text:
(a) The Legislature finds and declares all of the following:

(1) The health and safety of California children placed by a county child welfare agency or probation department out of state pursuant to the provisions of the Interstate Compact on the Placement of Children are a matter of statewide concern.

(2) The State Department of Social Services has full authority to require any placement of a child in an out-of-state residential facility by a county child welfare agency or county probation department be approved on a child-specific basis after the county has exhausted in-state placement and services options that meet the needs of the child and participated in the department’s technical assistance program. Before the juvenile court approves the placement pursuant to Section 361.21 of, or subdivision (b) of Section 727.1 of, the Welfare and Institutions Code, the State Department of Social Services shall certify the out-of-state residential facility pursuant to Section 7911.1. Before processing an application for out-of-state placement in a residential facility pursuant to the Interstate Compact on the Placement of Children, the Compact Administrator shall verify that the placement was approved by the juvenile court and that it has been certified by the department.

(3) The Legislature further finds and declares that certification of facilities licensed under a separate state’s licensing standards has not been sufficient to ensure that the stringent California short-term residential therapeutic programs requirements are maintained to safeguard the health, safety, and well-being of California’s foster children and youth. Further research demonstrates that dependents and wards in foster care placements are generally better served when they are able to maintain and develop local community supports closer to their families and communities.

(b) (1) On and after July 1, 2021, foster care placements by county child welfare agencies or probation departments into out-of-state residential facilities shall not be made, except in the limited circumstances authorized by Section 361.21 of, or subdivision (b) of Section 727.1 of, the Welfare and Institutions Code, as applicable. Unless placement of a child in an out-of-state residential facility does not require certification pursuant to subdivision (h) of Section 7911.1, the Compact Administrator shall not seek approval of placement in an out-of-state residential facility from the receiving state unless all of the following criteria are met:

(A) The Compact Administrator has received from the county placing agency documentation that it has complied with the requirements of Section 16010.9 of the Welfare and Institutions Code.

(B) The Compact Administrator has received documentation that the out-of-state residential facility has been certified by the State Department of Social Services, including documentation that the director of the State Department of Social Services has approved the certification.

(C) The Compact Administrator has received a copy of the juvenile court order authorizing placement of the child in the out-of-state residential facility pursuant to Section 361.21 or 727.1 of the Welfare and Institutions Code.

(2) On and after July 1, 2022, county child welfare agencies or probation departments shall not make new placements in out-of-state residential facilities, except for placements described in subdivision (h) of Section 7911.1.

(c) Notwithstanding any other law, on and after July 1, 2022, the State Department of Social Services shall not certify any new out-of-state residential facilities for placement by county child welfare agencies or probation departments. On and after July 1, 2022, the Compact Administrator shall not seek approval of any new placements by county child welfare agencies or probation departments in out-of-state residential facilities.

(d) The state shall decertify all out-of-state residential facilities for placement by county child welfare agencies or probation departments on January 1, 2023, and ensure that all children and youth placed in out of state residential facilities have been returned to California by that date.

(e) This section is declaratory of existing law with respect to the Governor’s designation of the State Department of Social Services to act as the Compact Administrator and of that department to act as the single state agency charged with supervision of public social services under Section 10600 of the Welfare and Institutions Code.

history: (History: Repealed and added by Stats. 2021, Ch. 86, Sec. 6. (AB 153) Effective July 16, 2021.)


text:
(a) Notwithstanding any other law, the State Department of Social Services or its designee shall investigate any threat to the health and safety of children placed by a California county child welfare agency or probation department in an out-of-state residential facility, as defined in subdivision (b) of Section 7910, pursuant to the provisions of the Interstate Compact on the Placement of Children. This authority shall include the authority to interview children or staff in private or review their file at the out-of-state residential facility or wherever the child or files may be at the time of the investigation. Notwithstanding any other law, the State Department of Social Services or its designee shall require certified out-of-state residential facilities to comply with the reporting requirements applicable to short-term residential therapeutic programs licensed in California for each child in care, regardless of whether or not the child is a California placement, by submitting a copy of the required reports to the Compact Administrator within regulatory timeframes. The Compact Administrator, within one business day of receiving a serious incident report from a certified out-of-state residential facility, shall verbally notify any county child welfare agency or probation department with a child placed at the certified out-of-state residential facility of the serious incident report. The Compact Administrator, within five business days of receiving a written serious incident report from a certified out-of-state residential facility, shall forward a copy of the written serious incident report to any county child welfare agency or probation department with a child placed at the certified out-of-state residential facility.

(b) Any contract, memorandum of understanding, or agreement entered into pursuant to paragraph (b) of Article 5 of the Interstate Compact on the Placement of Children regarding the placement of a child out of state by a California county social services agency or probation department shall include the language set forth in subdivision (a).

(c) Upon receipt of a request from a county child welfare agency or probation department for a child-specific certification of a placement in an out-of-state residential facility, the State Department of Social Services or its designee shall expedite the review of the request in order to determine any additional information needed, shall communicate with the requesting county agency regarding its review including regular status updates, and shall, in a timely manner, determine whether it will issue a child-specific certification to the out-of-state residential facility pursuant to this section.

(1) The licensing standards applicable to an out-of-state residential facility certified by the department shall be those required of short-term residential therapeutic programs operated in this state.

(2) Before issuing a child-specific certification to the out-of-state residential facility, the department shall do all of the following:

(A) Review documentation provided by the county placing agency pursuant to subdivision (e) of Section 16010.9 of the Welfare and Institutions Code.

(B) Perform an on-site inspection of the out-of-state residential facility’s physical site.

(C) At a minimum, review all of the following sections of the out-of-state residential facility’s program statement:

(i) Core Services and Supports.

(ii) Trauma Informed Interventions and Treatment Practices.

(iii) Personal Rights.

(iv) House Rules.

(v) Discipline Policies and Procedures.

(vi) Emergency Intervention Plan (Including Runaway Plan).

(D) Review the out-of-state residential facility’s serious incident reports.

(E) Review the out-of-state residential facility’s current license. In order for the out-of-state residential facility to receive a certification, the out-of-state residential facility shall have a current license, or an equivalent approval, in good standing issued by the appropriate authority or authorities of the state in which it is operating.

(F) Review the out-of-state residential facility’s licensing history, including any substantiated complaints.

(G) Review the documentation provided by the State Department of Health Care Services pursuant to subdivision (d).

(H) Obtain approval from the director of the department of the child-specific certification for the out-of-state residential facility. Director approval may be given after all of the requirements of subparagraphs (A) to (G), inclusive, have been satisfied.

(3) The department shall not issue a child-specific certification to the out-of-state residential facility if the out-of-state residential facility fails to cooperate during the certification process, including failing to provide any of the documentation listed in paragraph (2).

(4) If all the requirements of paragraph (2) have been satisfied, the department shall certify the out-of-state residential facility pursuant to this section. The department shall provide written documentation of this certification to the county placing agency.

(5) The child-specific certification is discontinued, effective immediately, upon the child transitioning out of the out-of-state residential facility’s program.

(d) The licensing standards applicable to out-of-state residential facilities certified by the department, as described in subdivision (c), shall include the licensing standards for mental health program approval described in Section 1562.01 of the Health and Safety Code. These standards shall be satisfied if the State Department of Health Care Services determines that the out-of-state residential facility has an equivalent mental health program approval in the state in which it is operating. Upon receipt of a request for the State Department of Health Care Services to determine whether an out-of-state residential facility has an equivalent mental health program approval in the state in which it is operation, the State Department of Health Care Services shall expedite the review of the request in order to determine any additional information needed, shall communicate with the requesting county agency regarding its review including regular status updates, and shall, in a timely manner, make its determination. If an out-of-state residential facility cannot satisfy the licensing standards for an equivalent mental health program approval, the department shall not certify the facility.

(e) Failure by an out-of-state residential facility to make children or staff available as required by subdivision (a) for a private interview or make files available for review shall be grounds to deny or discontinue the certification.

(f) Certifications made pursuant to this section shall be reviewed as often as necessary to ensure the health and safety of children in care. At a minimum, certifications made pursuant to this section shall be reviewed semiannually. The department shall complete a full review of the facility’s program statement semiannually.

(g) (1) The department may deny or discontinue the certification of the out-of-state residential facility if the department makes a finding that the out-of-state residential facility is not operating in compliance with the requirements of this section. The department shall engage with counties that have one or more youth at a facility proposed for decertification to allow for a transition to occur, to the extent possible while ensuring the youths’ safety and well-being.

(2) If the out-of-state residential facility disagrees with any decision by the department to deny or discontinue the certification, the out-of-state residential facility may appeal the decision immediately upon receipt of the notice of decertification. If the out-of-state residential facility decides to appeal the decision, the appeal shall be submitted to the department not later than 30 calendar days after the out-of-state residential facility receives the decision. The out-of-state residential facility’s appeal shall be in writing and include all information, including supporting documents, that forms the basis of the appeal. The department shall issue a final determination not later than 30 calendar days after receipt of the appeal. If the out-of-state residential facility disagrees with the department’s determination, the out-of-state residential facility may file a writ pursuant to paragraph (3). If the out-of-state residential facility decides to file a writ, the writ shall be filed not later than 30 calendar days after the out-of-state residential facility receives the final determination.

(3) Any judicial proceeding to contest the department’s determination as to the status of the out-of-state residential facility’s certificate shall be held in California pursuant to Section 1085 of the Code of Civil Procedure.

(h) The certification requirements of this section shall not impact any of the following:

(1) Placement of emotionally disturbed children made pursuant to an individualized education program developed pursuant to the federal Individuals with Disabilities Education Act (20 U.S.C. Sec. 1400 et seq.) if the placement is not funded with federal or state foster care funds.

(2) Placement of Indian children, as defined by the Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et. seq.) and Section 224.1 of the Welfare and Institutions Code.

(i) Failure by an out-of-state residential facility to obtain or maintain its certification, as required by this section, shall preclude the use of any public funds, whether county, state, or federal, in the payment for the placement of any child in that out-of-state residential facility pursuant to the Interstate Compact on the Placement of Children.

(j) Notwithstanding the rulemaking provisions of the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the State Department of Social Services and the State Department of Health Care Services may implement, interpret, or make specific this section by means of all-county letters, written directives, interim licensing standards, or similar written instructions from the department until regulations are adopted. These all-county letters, written directives, interim licensing standards, or similar written instructions shall have the same force and effect as regulations until the adoption of regulations.

history: (History: Repealed and added by Stats. 2021, Ch. 86, Sec. 8. (AB 153) Effective July 16, 2021.)


citation: FAM § 7912

text:
(a) The Legislature finds and declares that the health and safety of children placed in out-of-state residential facilities pursuant to the Interstate Compact on the Placement of Children is a matter of statewide concern. The Legislature therefore affirms its intention that children placed by a county child welfare agency or probation department in out-of-state residential facilities be accorded the same personal rights and safeguards of a child placed in a California licensed short-term residential therapeutic program. This section is in clarification of existing law.

(b) (1) On or before September 1, 2021, and each month thereafter, the department shall report to the relevant policy and fiscal committees of the Legislature the number of children placed by a county child welfare agency or probation department in out-of-state residential facilities pursuant to the Interstate Compact on the Placement of Children.

(2) On or before January 1, 2022, and every six months thereafter until facilities are decertified and all children returned to California on or before January 1, 2023, the department, in consultation with the counties, shall report to the relevant policy and fiscal committees of the Legislature on the capacity for serving all child welfare and probation-supervised foster children within California or in home-based settings outside of the state. The report shall also include all of the following data, as applicable:

(A) The number of children served by out-of-state residential facilities, disaggregated by child welfare services agency and probation department supervision.

(B) Data measures related to ongoing transition planning efforts, including child and family team meetings, child-specific recruitment and family finding activities, and multiagency care coordination efforts that occurred for each child before and during placement in the out-of-state residential facility.

(C) The lengths of stay of each child placed in an out-of-state residential facility by a California child welfare agency or probation department.

(D) The total number of all serious incident reports received regarding out-of-state residential facilities, and descriptions of the types of incidents reported.

(E) The total number of serious incident reports received regarding California children placed in out-of-state residential facilities, and descriptions of the types of incidents reported.

(3) Reports made pursuant to this subdivision shall not include any demographic data that would permit identification of any child or nonminor dependent.

history: (History: Amended by Stats. 2021, Ch. 86, Sec. 9. (AB 153) Effective July 16, 2021.)


citation: FAM § 7913

text:
(a) When a full service licensed private adoption agency has provided adoption-related services to a birth parent or prospective adoptive parent, that agency is delegated the authority to determine whether the placement shall or shall not be made pursuant to the Interstate Compact on the Placement of Children, and to sign the compact forms documenting that determination and date of placement.

(b) For children entering California in independent adoptions, prior to making a determination regarding placement and as soon as feasible, the private adoption agency shall notify the appropriate district office or delegated county adoption agency of the matter and verify that the preplacement interview of the prospective adoptive parent or parents has been completed.

(c) This section shall not apply to a child who is a dependent of the court or a child subject to a petition filed under Section 300 of the Welfare and Institutions Code.

history: (History: Added by Stats. 2011, Ch. 462, Sec. 5. (AB 687) Effective January 1, 2012.)


citation: FAM § 7950

text:
(a) With full consideration for the proximity of the natural parents to the placement so as to facilitate visitation and family reunification, when a placement in foster care is being made, the following considerations shall be used:

(1) Placement shall, if possible, be made in the home of a relative, unless the placement would not be in the best interest of the child. Diligent efforts shall be made by an agency or entity to which this subdivision applies, to locate an appropriate relative as defined in paragraph (2) of subdivision (h) of Section 319 of the Welfare and Institutions Code. At a permanency hearing in which the court terminates reunification services, or at a postpermanency hearing for a child not placed for adoption, the court shall find that the agency or entity to which this subdivision applies has made diligent efforts to locate an appropriate relative and that each relative whose name has been submitted to the agency or entity as a possible caretaker, either by the relative or by other persons, has been evaluated as an appropriate placement resource.

(2) An agency or entity that receives state assistance and is involved in foster care placements shall not do either of the following:

(A) Deny a person the opportunity to become a foster parent on the basis of the race, color, or national origin of the person or the child involved.

(B) Delay or deny the placement of a child into foster care on the basis of the race, color, or national origin of the foster parent or the child involved.

(b) Subdivision (a) does not affect the application of the Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.).

(c) This section does not preclude a search for an appropriate relative being conducted simultaneously with a search for a foster family.

history: (History: Amended by Stats. 2024, Ch. 845, Sec. 1. (AB 2929) Effective January 1, 2025.)

part: 6. FOSTER CARE PLACEMENT CONSIDERATIONS

path: 12. PARENT AND CHILD RELATIONSHIP > 6. FOSTER CARE PLACEMENT CONSIDERATIONS


citation: FAM § 7951

text: This part does not apply in determining the foster care setting in which the child may be placed for a period not intended to exceed 30 days.

history: (History: Repealed and added by Stats. 1995, Ch. 884, Sec. 2. Effective January 1, 1996.)


citation: FAM § 7952

text: A minor 10 years of age or older being considered for placement in a foster home has the right to make a brief statement to the court making a decision on placement. The court may disregard any preferences expressed by the minor. The minor’s right to make a statement is not limited to the initial placement, but continues for any proceedings concerning continued placement or a decision to return to parental custody.


citation: FAM § 7960

text:
For purposes of this part, the following terms have the following meanings:

(a) “Assisted reproduction agreement” has the same meaning as defined in subdivision (b) of Section 7606.

(b) “Fund management agreement” means the agreement between the intended parents and the surrogacy or donor facilitator relating to the fee or other valuable consideration for services rendered or that will be rendered by the surrogacy or donor facilitator.

(c) “Intended parent” means an individual, married or unmarried, who manifests the intent to be legally bound as the parent of a child resulting from assisted reproduction.

(d) “Nonattorney surrogacy or donor facilitator” means a surrogacy or donor practitioner who is not an attorney in good standing licensed to practice law in this state.

(e) “Surrogacy or donor facilitator” means a person or organization that engages in either of the following activities:

(1) Advertising for the purpose of soliciting parties to an assisted reproduction agreement or for the donation of oocytes for use by a person other than the provider of the oocytes, or acting as an intermediary between the parties to an assisted reproduction agreement or oocyte donation.

(2) Charging a fee or other valuable consideration for services rendered relating to an assisted reproduction agreement or oocyte donation.

(f) “Surrogate” means a woman who bears and carries a child for another through medically assisted reproduction and pursuant to a written agreement, as set forth in Sections 7606 and 7962. Within the definition of surrogate are two different and distinct types:

(1) “Traditional surrogate” means a woman who agrees to gestate an embryo, in which the woman is the gamete donor and the embryo was created using the sperm of the intended father or a donor arranged by the intended parent or parents.

(2) “Gestational carrier” means a woman who is not an intended parent and who agrees to gestate a genetically unrelated embryo pursuant to an assisted reproduction agreement.

(g) “Donor” means a woman who provides oocytes for use by another for the purpose of assisting the recipient of the oocytes in having a child or children.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 107. (AB 1817) Effective January 1, 2020.)

path: 12. PARENT AND CHILD RELATIONSHIP > 7. SURROGACY AND DONOR FACILITATORS, ASSISTED REPRODUCTION AGREEMENTS FOR GESTATIONAL CARRIERS, AND OOCYTE DONATIONS


citation: FAM § 7961

text:
(a) A nonattorney surrogacy or donor facilitator shall direct the client to deposit all client funds into either of the following:

(1) An independent, bonded escrow depository maintained by a licensed, independent, bonded escrow company.

(2) A trust account maintained by an attorney.

(b) For purposes of this section, a nonattorney surrogacy or donor facilitator may not have a financial interest in any escrow company holding client funds. A nonattorney surrogacy or donor facilitator and any of its directors or employees shall not be an agent of any escrow company holding client funds.

(c) Client funds may only be disbursed by the attorney or escrow agent as set forth in the assisted reproduction agreement and fund management agreement.

(d) This section shall not apply to funds that are both of the following:

(1) Not provided for in the fund management agreement.

(2) Paid directly to a medical doctor for medical services or a psychologist for psychological services.

history: (History: Amended by Stats. 2015, Ch. 91, Sec. 4. (AB 1049) Effective January 1, 2016.)

part: 7. SURROGACY AND DONOR FACILITATORS, ASSISTED REPRODUCTION AGREEMENTS FOR GESTATIONAL CARRIERS, AND OOCYTE DONATIONS


citation: FAM § 7962

text:
(a) An assisted reproduction agreement for gestational carriers shall contain, but shall not be limited to, all of the following information:

(1) The date on which the assisted reproduction agreement for gestational carriers was executed.

(2) The persons from which the gametes originated, unless donated gametes were used, in which case the assisted reproduction agreement does not need to specify the name of the donor but shall specify whether the donated gamete or gametes were eggs, sperm, or embryos, or all.

(3) The identity of the intended parent or parents.

(4) Disclosure of how the intended parents will cover the medical expenses of the gestational carrier and of the newborn or newborns. If health care coverage is used to cover those medical expenses, the disclosure shall include a review of the health care policy provisions related to coverage for surrogate pregnancy, including any possible liability of the gestational carrier, third-party liability liens or other insurance coverage, and any notice requirements that could affect coverage or liability of the gestational carrier. The review and disclosure do not constitute legal advice. If coverage of liability is uncertain, a statement of that fact shall be sufficient to meet the requirements of this section.

(b) Prior to executing the written assisted reproduction agreement for gestational carriers, a surrogate and the intended parent or intended parents shall be represented by separate independent licensed attorneys of their choosing.

(c) The assisted reproduction agreement for gestational carriers shall be executed by the parties and the signatures on the assisted reproduction agreement for gestational carriers shall be notarized or witnessed by an equivalent method of affirmation as required in the jurisdiction where the assisted reproduction agreement for gestational carriers is executed.

(d) The parties to an assisted reproduction agreement for gestational carriers shall not undergo an embryo transfer procedure, or commence injectable medication in preparation for an embryo transfer for assisted reproduction purposes, until the assisted reproduction agreement for gestational carriers has been fully executed as required by subdivisions (b) and (c) of this section.

(e) An action to establish the parent and child relationship between the intended parent or parents and the child as to a child conceived pursuant to an assisted reproduction agreement for gestational carriers may be filed before the child’s birth and may be filed in the county where the child is anticipated to be born, the county where the intended parent or intended parents reside, the county where the surrogate resides, the county where the assisted reproduction agreement for gestational carriers is executed, or the county where medical procedures pursuant to the agreement are to be performed. A copy of the assisted reproduction agreement for gestational carriers shall be lodged in the court action filed for the purpose of establishing the parent and child relationship. The parties to the assisted reproduction agreement for gestational carriers shall attest, under penalty of perjury, and to the best of their knowledge and belief, as to the parties’ compliance with this section in entering into the assisted reproduction agreement for gestational carriers. Submitting those declarations shall not constitute a waiver, under Section 912 of the Evidence Code, of the lawyer-client privilege described in Article 3 (commencing with Section 950) of Chapter 4 of Division 8 of the Evidence Code.

(f) (1) A notarized assisted reproduction agreement for gestational carriers signed by all the parties, with the attached declarations of independent attorneys, and lodged with the superior court in accordance with this section, shall rebut any presumptions contained within Part 2 (commencing with Section 7540), subdivision (a) of Section 7610, and Sections 7611 and 7613, as to the gestational carrier surrogate, or the gestational carrier surrogate’s spouse or partner, being a parent of the child or children.

(2) Upon petition of any party to a properly executed assisted reproduction agreement for gestational carriers, the court shall issue a judgment or order establishing a parent and child relationship, whether pursuant to Section 7630 or otherwise. The judgment or order may be issued before or after the child’s or children’s birth subject to the limitations of Section 7633. Subject to proof of compliance with this section, the judgment or order shall establish the parent and child relationship of the intended parent or intended parents identified in the surrogacy agreement and shall establish that the surrogate, and the surrogate’s spouse or partner, is not a parent of, and has no parental rights or duties with respect to, the child or children. The judgment or order shall be issued forthwith and without further hearing or evidence, unless the court or a party to the assisted reproduction agreement for gestational carriers has a good faith, reasonable belief that the assisted reproduction agreement for gestational carriers or attorney declarations were not executed in accordance with this section. Upon motion by a party to the assisted reproduction agreement for gestational carriers, the matter shall be scheduled for hearing before a judgment or order is issued. This section does not prevent a court from finding and declaring that the intended parent is, or intended parents are, the parent or parents of the child where compliance with this section has not been met; however, the court shall require sufficient proof entitling the parties to the relief sought.

(g) The petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, and any power of attorney and deposition filed in the office of the clerk of the court pursuant to this part shall not be open to inspection by any person other than the parties to the proceeding and their attorneys and the State Department of Social Services, except upon the written authority of a judge of the superior court. A judge of the superior court shall not authorize anyone to inspect the petition, relinquishment or consent, agreement, order, report to the court from any investigating agency, or power of attorney or deposition, or any portion of those documents, except in exceptional circumstances and where necessary. The petitioner may be required to pay the expense of preparing the copies of the documents to be inspected.

(h) Upon the written request of any party to the proceeding and the order of any judge of the superior court, the clerk of the court shall not provide any documents referred to in subdivision (g) for inspection or copying to any other person, unless the name of the gestational carrier or any information tending to identify the gestational carrier is deleted from the documents or copies thereof.

(i) An assisted reproduction agreement for gestational carriers executed in accordance with this section is presumptively valid and shall not be rescinded or revoked without a court order. For purposes of this part, any failure to comply with the requirements of this section shall rebut the presumption of the validity of the assisted reproduction agreement for gestational carriers.

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 108. (AB 1817) Effective January 1, 2020.)


citation: FAM § 8500

text: Unless the provision or context otherwise requires, the definitions in this part govern the construction of this division.

history: (History: Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

division: 13. ADOPTION

part: 1. DEFINITIONS

path: 13. ADOPTION > 1. DEFINITIONS


citation: FAM § 8502

text:
(a) “Adoption service provider” means any of the following:

(1) A licensed private adoption agency.

(2) An individual who has presented satisfactory evidence to the department that the individual is a licensed clinical social worker who also has a minimum of five years of experience providing professional social work services while employed by a licensed California adoption agency or the department.

(3) In a state other than California, or a country other than the United States, an adoption agency licensed or otherwise approved under the laws of that state or country, or an individual who is licensed or otherwise certified as a clinical social worker under the laws of that state or country.

(4) An individual who has presented satisfactory evidence to the department that the individual is a licensed marriage and family therapist who has a minimum of five years of experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the qualifications of each individual to determine if the individual has performed professional adoption casework services for five years as required by this section while employed by a licensed California adoption agency or the department.

(5) An individual who has presented satisfactory evidence to the department that the individual is a licensed professional clinical counselor who has a minimum of five years’ experience providing professional adoption casework services while employed by a licensed California adoption agency or the department. The department shall review the credentials of each individual to determine if the individual has performed professional adoption casework services as required by this paragraph.

(b) If, in the case of a birth parent located in California, at least three adoption service providers are not reasonably available, or, in the case of a birth parent located outside of California or outside of the United States who has contacted at least three potential adoption service providers and been unsuccessful in obtaining the services of an adoption service provider who is reasonably available and willing to provide services, independent legal counsel for the birth parent may serve as an adoption service provider pursuant to subdivision (e) of Section 8801.5. “Reasonably available” means that an adoption service provider is all of the following:

(1) Available within five days for an advisement of rights pursuant to Section 8801.5, or within 24 hours for the signing of the placement agreement pursuant to paragraph (3) of subdivision (b) of Section 8801.3.

(2) Within 100 miles of the birth mother.

(3) Available for a cost not exceeding five hundred dollars ($500) to make an advisement of rights and to witness the signing of the placement agreement.

(c) If an attorney acts as an adoption service provider, the fee to make an advisement of rights and to witness the signing of the placement agreement shall not exceed five hundred dollars ($500).

history: (History: Amended by Stats. 2019, Ch. 115, Sec. 109. (AB 1817) Effective January 1, 2020.)


citation: FAM § 8503

text: “Adoptive parent” means a person who has obtained an order of adoption of a minor child or, in the case of an adult adoption, an adult.


citation: FAM § 8506

text: “Agency adoption” means the adoption of a minor, other than an intercountry adoption, in which the department, county adoption agency, or licensed adoption agency is a party to, or joins in, the adoption petition.

history: (History: Amended by Stats. 2012, Ch. 35, Sec. 2. (SB 1013) Effective June 27, 2012.)


citation: FAM § 8509

text: “Applicant” means a person who has submitted a written application to adopt a child from the department, county adoption agency, or licensed adoption agency and who is being considered by the adoption agency for the adoptive placement of a child.

history: (History: Amended by Stats. 2012, Ch. 35, Sec. 3. (SB 1013) Effective June 27, 2012.)


citation: FAM § 8512

text: “Birth parent” means the biological parent or, in the case of a person previously adopted, the adoptive parent.


citation: FAM § 8513

text: “County adoption agency” means an adoption agency operated by a county or consortium of counties.

history: (History: Added by Stats. 2012, Ch. 35, Sec. 4. (SB 1013) Effective June 27, 2012.)


citation: FAM § 8514

text: “Days” means calendar days, unless otherwise specified.

history: (History: Added by Stats. 1994, Ch. 585, Sec. 2. Effective January 1, 1995.)


citation: FAM § 8515

text: “Delegated county adoption agency” means a county adoption agency that has agreed to provide the services described in Chapter 3 (commencing with Section 8800) of Part 2.

history: (History: Amended by Stats. 2012, Ch. 35, Sec. 5. (SB 1013) Effective June 27, 2012.)


citation: FAM § 8518

text: “Department” means the State Department of Social Services.


citation: FAM § 8521

text:
(a) “Full-service adoption agency” means a licensed or authorized entity engaged in the business of providing adoption services, that does all of the following:

(1) Assumes care, custody, and control of a child through relinquishment of the child to the agency or involuntary termination of parental rights to the child.

(2) Assesses the birth parents, prospective adoptive parents, or child.

(3) Places children for adoption.

(4) Supervises adoptive placements.

(5) Recruits prospective adoptive parents, locates children for adoption, or acts as an intermediary between the parties to an adoption.

(b) Private full-service adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a private full-service adoption agency shall be accredited by the Council on Accreditation, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.

history: (History: Amended by Stats. 2023, Ch. 43, Sec. 2. (AB 120) Effective July 10, 2023.)


citation: FAM § 8524

text: “Independent adoption” means the adoption of a child in which neither the department, county adoption agency, nor agency licensed by the department is a party to, or joins in, the adoption petition.

history: (History: Amended by Stats. 2012, Ch. 35, Sec. 7. (SB 1013) Effective June 27, 2012.)


citation: FAM § 8527

text: “Intercountry adoption” means the adoption of a foreign-born child for whom federal law makes a special immigration visa available. Intercountry adoption includes completion of the adoption in the child’s native country or completion of the adoption in this state.


citation: FAM § 8530

text: “Licensed adoption agency” means any agency licensed by the department to provide the adoption services specified in paragraphs (9) and (10) of subdivision (a) of Section 1502 of the Health and Safety Code.

history: (History: Amended by Stats. 2023, Ch. 43, Sec. 3. (AB 120) Effective July 10, 2023.)


citation: FAM § 8533

text:
(a) “Noncustodial adoption agency” means any licensed entity engaged in the business of providing adoption services, which does all of the following:

(1) Assesses the prospective adoptive parents.

(2) Cooperatively matches children freed for adoption, who are under the care, custody, and control of a licensed adoption agency, for adoption, with assessed and approved prospective adoptive parents.

(3) Cooperatively supervises adoptive placements with a full-service adoption agency, but does not disrupt a placement or remove a child from a placement.

(4) Recruits prospective adoptive parents, locates children for an adoption, or acts as an intermediary between the parties to an adoption.

(b) Private noncustodial adoption agencies shall be organized and operated on a nonprofit basis. As a condition of licensure to provide intercountry adoption services, a noncustodial adoption agency shall be accredited by the Council on Accreditation, or supervised by an accredited primary provider, or acting as an exempted provider, in compliance with Subpart F (commencing with Section 96.29) of Part 96 of Title 22 of the Code of Federal Regulations.

history: (History: Amended by Stats. 2023, Ch. 43, Sec. 4. (AB 120) Effective July 10, 2023.)


citation: FAM § 8539

text:
“Place for adoption” means, in the case of an independent adoption, the selection of a prospective adoptive parent or parents for a child by the birth parent or parents and the completion of an adoptive placement agreement on a form prescribed by the department by the birth parent or parents placing the child with prospective adoptive parents.

This section shall become operative on January 1, 1995.

history: (History: Repealed (Jan. 1, 1994) and added by Stats. 1993, Ch. 758, Sec. 4. Effective January 1, 1994. Section operative January 1, 1995, by its own provisions.)


citation: FAM § 8542

text: “Prospective adoptive parent” means a person who has filed or intends to file a petition under Part 2 (commencing with Section 8600) to adopt a child who has been or who is to be placed in the person’s physical care or a petition under Part 3 (commencing with Section 9300) to adopt an adult.


citation: FAM § 8543

text: “Qualified court investigator” means a superior court investigator with the same minimum qualifications as a probation officer or county welfare worker designated to conduct stepparent adoption investigations in stepparent adoption proceedings and proceedings to declare a minor free from parental custody and control.

history: (History: Added by Stats. 1993, Ch. 219, Sec. 185. Effective January 1, 1994.)