Support Orders Issued or Modified Before July 1, 1990, Article 4. A proceeding may be brought under this part for the purpose of having a child under the age of 18 years declared free from the custody and control of either or both parents if the child comes within any of the descriptions set out in this chapter. We recommend using There shall be no filing fee charged for a proceeding brought under this part. (4830), (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. (a) A proceeding under this part may be brought where both of the following requirements are satisfied: (4819), (1) The child is one whose parent or parents are convicted of a felony. (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. CIVIL PENALTY FOR CHILD SUPPORT DELINQUENCY, CHAPTER 6. (b) Nothing in this section limits the duty of support under Sections 3900 and 3901. (4848), (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). (a) Sections 3020, 3022, 3040 to 3043, inclusive, and 3409 do not apply in a proceeding under this part. (4925), (b) After making the order and judgment, the court has no power to set aside, change, or modify it. In addition to this requirement, the court shall have the discretion to call a licensed marriage and family therapist, or a licensed clinical social worker, either of whom shall have at least five years of relevant postlicensure experience, in circumstances where 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. The matter so set has precedence over all other civil matters on the date set for trial. (4856), (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. Stay of Service of Assignment Order, Article 5. Citizen awareness and participation in government is fundamental to ensuring a sound democracy. (4834), (2) The court finds that return of the child to the child's parent or parents would be detrimental to the child and that the parent or parents have failed during the one-year period, and are likely to fail in the future, to maintain an adequate parental relationship with the child, which includes providing both a home and care and control for the child. (4777), (5) Any other person designated by the judge. (4785), (4) A private welfare agency licensed by the State Department of Social Services. For more information, please read this, Spousal Support Modification & Termination. (4769), 7802. (4927), 7895. The California laws: Family Code is provided as an informational service only.No-one associated with this website is an attorney and no attorney is entering into any kind of attorney-client relationship with you.Although the publishers of this website update this information regularly the California law published here may not be complete or accurate.Content of the California laws is in the public domain. (4802), (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. 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. (4888), (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. (4798), 7821. DEPOSIT OF ASSETS TO SECURE FUTURE CHILD SUPPORT PAYMENTS, Article 4. (4905), (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. Payment to Court Designated County Officer; Enforcement by District Attorney, CHAPTER 2. featuring summaries of federal and state A finding pursuant to this chapter shall be supported by clear and convincing evidence, except as otherwise provided. (4877), (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 trial not more than 45 days after filing notification therefor and completion of service thereon in the manner prescribed by law for service of civil process. 47). Interstate Compact On Placement Of Children (7900-7912). (a) A continuance may be granted only upon a showing of good cause.