California Family Code 7893 – (a) If the court, by order or judgment, declares a child free …
(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.
Terms Used In California Family Code 7893
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- order: include a decree, as appropriate under the circumstances. See California Family Code 100
- State: means a state of the United States, the District of Columbia, or a commonwealth, territory, or insular possession subject to the jurisdiction of the United States. See California Family Code 145
(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.
(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)