Code Section Group

Family Code - FAM

DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500 - 7962]

  ( Division 12 enacted by Stats. 1992, Ch. 162, Sec. 10. )

PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800 - 7895]

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

CHAPTER 3. Procedure [7840 - 7895]

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

ARTICLE 3. Investigation and Report [7850 - 7852]
  ( Article 3 enacted by Stats. 1992, Ch. 162, Sec. 10. )

7850.
  

Upon the filing of a petition under Section 7841, the clerk of the court shall, in accordance with the direction of the court, immediately notify the juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department designated by the board of supervisors to administer the public social services program, who shall immediately investigate the circumstances of the child and the circumstances which are alleged to bring the child within any provision of Chapter 2 (commencing with Section 7820).

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

7851.
  

(a) The juvenile probation officer, qualified court investigator, licensed clinical social worker, licensed marriage and family therapist, licensed professional clinical counselor, or the county department shall render to the court a written report of the investigation with a recommendation of the proper disposition to be made in the proceeding in the best interest of the child.

(b) The report shall include all of the following:

(1) A statement that the person making the report explained to the child the nature of the proceeding to end parental custody and control.

(2) A statement of the child’s feelings and thoughts concerning the pending proceeding.

(3) A statement of the child’s attitude towards the child’s parent or parents and particularly whether or not the child would prefer living with the parent or parents.

(4) A statement that the child was informed of the child’s right to attend the hearing on the petition and the child’s feelings concerning attending the hearing.

(c) If the age, or the physical, emotional, or other condition of the child precludes the child’s meaningful response to the explanations, inquiries, and information required by subdivision (b), a description of the condition shall satisfy the requirement of that subdivision.

(d) The court shall receive the report in evidence and shall read and consider its contents in rendering the court’s judgment.

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

7851.5.
  

The petitioner shall be liable for all reasonable costs incurred in connection with the termination of parental rights, including, but not limited to, costs incurred for the investigation required by this article. However, public agencies and nonprofit organizations are exempt from payment of the costs of the investigation. The liability of a petitioner for costs under this section shall not exceed nine hundred dollars ($900). The court may defer, waive, or reduce the costs when the payment would cause an economic hardship which would be detrimental to the welfare of the child.

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

7852.
  

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

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

FAMFamily Code - FAM3.