California : Family Code: 7890-7895
(provided by Divorce Source, Inc.)
Published 5.20.98
7890. In a proceeding under this part, the court shall consider the
wishes of the child, bearing in mind the age of the child, and shall
act in the best interest of the child.
7891. (a) Except as otherwise provided in this section, if the
child who is the subject of the petition is 10 years of age or older,
the child shall be heard by the court in chambers on at least the
following matters:
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(1) The feelings and thoughts of the child concerning the custody
proceeding about to take place.
(2) The feelings and thoughts of the child about the child's parent or parents.
(3) The child's preference as to custody, according to Section 3042.
(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.
7892. (a) The testimony of the child may be taken in chambers and outside the presence of the child's parent or parents if the child's parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist:
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(1) The court determines that testimony in chambers is necessary
to ensure truthful testimony.
(2) The child is likely to be intimidated by a formal courtroom setting.
(3) The child is afraid to testify in front of the child's parent or parents.
(c) A finding pursuant to this section shall be supported by clear and convincing evidence.
(d) After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents.
7893. (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:
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(1) Appoint a guardian for the child.
(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.
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(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.
(b) After making the order and judgment, the court has no power to set aside, change, or modify it.
(c) Nothing in this section limits the right to appeal from the order and judgment.
7895. (a) Upon appeal from a judgment freeing a child who is a dependent child of the juvenile court from parental custody and control, the appellate court shall appoint counsel for the appellant as provided by this section.
(b) Upon motion by the appellant and a finding that the appellant is unable to afford counsel, the appellate court shall appoint counsel for the indigent appellant, and appellant's counsel shall be provided a free copy of the reporter's and clerk's transcript. All of those costs are a charge against the state.
(c) The reporter's and clerk's transcripts shall be prepared and transmitted immediately after filing of the notice of appeal, at state expense and without advance payment of fees. If the appellant is able to afford counsel, the state may seek reimbursement from the appellant for the cost of the transcripts under subdivision (c) of Section 68511.3 of the Government Code as though the appellant had been granted permission to proceed in forma pauperis.
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