Terms Used In California Codes > Welfare and Institutions Code > Division 4.1 > Part 1 - GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT

• Abandoned: means left without provision for reasonable and necessary care or supervision. See California Family Code 3402
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• Allegation: something that someone says happened.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
• Case law: The law as laid down in cases that have been decided in the decisions of the courts.
• Child: means an individual who has not attained 18 years of age. See California Family Code 3402
• Child custody determination: means a judgment, decree, or other order of a court providing for the legal custody, physical custody, or visitation with respect to a child. See California Family Code 3402
• Child custody proceeding: means a proceeding in which legal custody, physical custody, or visitation with respect to a child is an issue. See California Family Code 3402
• Commencement: means the filing of the first pleading in a proceeding. See California Family Code 3402
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conferees: Legislators appointed to serve on conference committees. They are also called "managers." Conferees are usually appointed from the committee or committees that reported the legislation; they are expected to try and uphold their chamber's position on measures when they negotiate with conferees from the other chamber.
• Contract: A legal written agreement that becomes binding when signed.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• County: includes "city and county. See California Welfare and Institutions Code 14
• County: includes city and county. See California Family Code 67
• Court: means an entity authorized under the law of a state to establish, enforce, or modify a child custody determination. See California Family Code 3402
• custody: means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case "custody" means the physical custody of the child by one of the persons sharing the right to custody. See California Welfare and Institutions Code 17.1
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Decedent: A deceased person.
• department: means State Department of Health Services. See California Health and Safety Code 20
• Department: means the State Department of Developmental Services. See California Welfare and Institutions Code 4401
• Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
• Director: means "State Director of Health Services. See California Health and Safety Code 21
• Director: means the Director of Developmental Services. See California Welfare and Institutions Code 4401
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Donor: The person who makes a gift.
• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Ex officio: Literally, by virtue of one's office.
• Family support: means an agreement between the parents, or an order or judgment, that combines child support and spousal support without designating the amount to be paid for child support and the amount to be paid for spousal support. See California Family Code 92
• 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.
• Home state: means the state in which a child lived with a parent or a person acting as a parent for at least six consecutive months immediately before the commencement of a child custody proceeding. See California Family Code 3402
• Initial determination: means the first child custody determination concerning a particular child. See California Family Code 3402
• institutions: include every hospital, sanitarium, boarding home, or other place receiving or caring for developmentally disabled persons. See California Welfare and Institutions Code 4416
• Issuing court: means the court that makes a child custody determination for which enforcement is sought under this part. See California Family Code 3402
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Modification: means a child custody determination that changes, replaces, supersedes, or is otherwise made after a previous determination concerning the same child, whether or not it is made by the court that made the previous determination. See California Family Code 3402
• Oath: A promise to tell the truth.
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• order: include a decree, as appropriate under the circumstances. See California Family Code 100
• Oversight: Committee review of the activities of a Federal agency or program.
• Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Family Code 105
• Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, or government. See California Family Code 3402
• Person acting as a parent: means a person, other than a parent, who: (1) has physical custody of the child or has had physical custody for a period of six consecutive months, including any temporary absence, within one year immediately before the commencement of a child custody proceeding. See California Family Code 3402
• Petitioner: includes plaintiff, where appropriate. See California Family Code 126
• Physical custody: means the physical care and supervision of a child. See California Family Code 3402
• Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
• Proceeding: includes an action. See California Family Code 110
• Property: includes real and personal property and any interest therein. See California Family Code 113
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Respondent: includes defendant, where appropriate. See California Family Code 127
• Service of process: The service of writs or summonses to the appropriate party.
• Spousal support: means support of the spouse of the obligor. See California Family Code 142
• Spouse: includes "registered domestic partner" as required by §. See California Health and Safety Code 12.2
• Spouse: includes "registered domestic partner" as required by Section 297. See California Family Code 143
• 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
• State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See California Family Code 3402
• State hospital: means any hospital specified in Section 4440. See California Welfare and Institutions Code 4401
• Support: refers to a support obligation owing on behalf of a child, spouse, or family, or an amount owing pursuant to Section 17402. See California Family Code 150
• Testify: Answer questions in court.
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Uphold: The decision of an appellate court not to reverse a lower court decision.
• Warrant: means an order issued by a court authorizing law enforcement officers to take physical custody of a child. See California Family Code 3402