California Family Code 7892.5 – The court shall not declare an Indian child free from the custody or …
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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 § 361.7 of the Welfare and Institutions Code.
Terms Used In California Family Code 7892.5
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) The court finds, supported by evidence beyond a reasonable doubt, including testimony of one or more “qualified expert witnesses” as described in § 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.
(Added by Stats. 2006, Ch. 838, Sec. 6. Effective January 1, 2007.)