Amended IN Assembly April 04, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2792Introduced by Assembly Member CalderonFebruary 16, 2018 An act to amend Sections 7822 and Section 7823 of the Family Code, relating to parent and child relationship. LEGISLATIVE COUNSEL'S DIGESTAB 2792, as amended, Calderon. Termination of the parent and child relationship: severe sexual abuse.Existing law specifies the circumstances under which a proceeding may be brought to have a child under 18 years of age declared free from the custody and control of either or both parents. These circumstances include, among others, the abandonment of the child by a parent and the neglectful or cruel treatment of the child by a parent.This bill would include as an additional circumstance a finding that a parent committed severe sexual abuse against the child or the childs sibling or half-sibling. The bill would also make establish that a finding that a parent committed severe sexual abuse against the child is prima facie evidence that the parent has neglected or cruelly treated the child for the purposes of terminating parental rights under these procedures.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill TextThe people of the State of California do enact as follows:SECTION 1.Section 7822 of the Family Code is amended to read:7822.(a)A proceeding under this part may be brought if any of the following occur:(1)The child has been left without provision for the childs identification by the childs parent or parents.(2)The child has been left by both parents or the sole parent in the care and custody of another person for a period of six months without any provision for the childs support, or without communication from the parent or parents, with the intent on the part of the parent or parents to abandon the child.(3)One parent has left the child in the care and custody of the other parent for a period of one year without any provision for the childs support, or without communication from the parent, with the intent on the part of the parent to abandon the child.(4)One parent who, after a hearing in which he or she was represented by counsel, has been found to have inflicted severe sexual abuse, as described in paragraph (6) of subdivision (b) of Section 361.5 of the Welfare and Institutions Code, against the child or the childs sibling or half-sibling.(b)The failure to provide identification, failure to provide support, or failure to communicate is presumptive evidence of the intent to abandon. If the parent or parents have made only token efforts to support or communicate with the child, the court may declare the child abandoned by the parent or parents. In the event that a guardian has been appointed for the child, the court may still declare the child abandoned if the parent or parents have failed to communicate with or support the child within the meaning of this section.(c)If the child has been left without provision for the childs identification and the whereabouts of the parents are unknown, a petition may be filed after the 120th day following the discovery of the child and citation by publication may be commenced. The petition may not be heard until after the 180th day following the discovery of the child.(d)If the parent has agreed for the child to be in the physical custody of another person or persons for adoption and has not signed an adoption placement agreement pursuant to Section 8801.3, a consent to adoption pursuant to Section 8814, or a relinquishment to a licensed adoption agency pursuant to Section 8700, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child. If the parent has placed the child for adoption pursuant to Section 8801.3, consented to adoption pursuant to Section 8814, or relinquished the child to a licensed adoption agency pursuant to Section 8700, and has then either revoked the consent or rescinded the relinquishment, but has not taken reasonable action to obtain custody of the child, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child.(e)Notwithstanding subdivisions (a), (b), (c), and (d), if the parent of an Indian child has transferred physical care, custody and control of the child to an Indian custodian, that action shall not be deemed to constitute an abandonment of the child, unless the parent manifests the intent to abandon the child by either of the following:(1)Failing to resume physical care, custody, and control of the child upon the request of the Indian custodian provided that if the Indian custodian is unable to make a request because the parent has failed to keep the Indian custodian apprised of his or her whereabouts and the Indian custodian has made reasonable efforts to determine the whereabouts of the parent without success, there may be evidence of intent to abandon.(2)Failing to substantially comply with any obligations assumed by the parent in his or her agreement with the Indian custodian despite the Indian custodians objection to the noncompliance.SEC. 2.SECTION 1. Section 7823 of the Family Code is amended to read:7823. (a) A proceeding under this part may be brought if all of the following requirements are satisfied:(1) The child has been neglected or cruelly treated by either or both parents. A finding that a parent committed severe sexual abuse, as described in paragraph (6) of subdivision (b) of Section 361.5 of the Welfare and Institutions Code, against the child shall be prima facie evidence that the parent has neglected or cruelly treated the child within the meaning of this subdivision.(2) The child has been a dependent child of the juvenile court under any subdivision of Section 300 of the Welfare and Institutions Code and the parent or parents have been deprived of the childs custody for one year before the filing of a petition pursuant to this part.(b) Physical custody by the parent or parents for insubstantial periods of time does not interrupt the running of the one-year period.
Amended IN Assembly April 04, 2018 CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION Assembly Bill No. 2792Introduced by Assembly Member CalderonFebruary 16, 2018 An act to amend Sections 7822 and Section 7823 of the Family Code, relating to parent and child relationship. LEGISLATIVE COUNSEL'S DIGESTAB 2792, as amended, Calderon. Termination of the parent and child relationship: severe sexual abuse.Existing law specifies the circumstances under which a proceeding may be brought to have a child under 18 years of age declared free from the custody and control of either or both parents. These circumstances include, among others, the abandonment of the child by a parent and the neglectful or cruel treatment of the child by a parent.This bill would include as an additional circumstance a finding that a parent committed severe sexual abuse against the child or the childs sibling or half-sibling. The bill would also make establish that a finding that a parent committed severe sexual abuse against the child is prima facie evidence that the parent has neglected or cruelly treated the child for the purposes of terminating parental rights under these procedures.Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO
Amended IN Assembly April 04, 2018
Amended IN Assembly April 04, 2018
CALIFORNIA LEGISLATURE 20172018 REGULAR SESSION
Assembly Bill No. 2792
Introduced by Assembly Member CalderonFebruary 16, 2018
Introduced by Assembly Member Calderon
February 16, 2018
An act to amend Sections 7822 and Section 7823 of the Family Code, relating to parent and child relationship.
LEGISLATIVE COUNSEL'S DIGEST
## LEGISLATIVE COUNSEL'S DIGEST
AB 2792, as amended, Calderon. Termination of the parent and child relationship: severe sexual abuse.
Existing law specifies the circumstances under which a proceeding may be brought to have a child under 18 years of age declared free from the custody and control of either or both parents. These circumstances include, among others, the abandonment of the child by a parent and the neglectful or cruel treatment of the child by a parent.This bill would include as an additional circumstance a finding that a parent committed severe sexual abuse against the child or the childs sibling or half-sibling. The bill would also make establish that a finding that a parent committed severe sexual abuse against the child is prima facie evidence that the parent has neglected or cruelly treated the child for the purposes of terminating parental rights under these procedures.
Existing law specifies the circumstances under which a proceeding may be brought to have a child under 18 years of age declared free from the custody and control of either or both parents. These circumstances include, among others, the abandonment of the child by a parent and the neglectful or cruel treatment of the child by a parent.
This bill would include as an additional circumstance a finding that a parent committed severe sexual abuse against the child or the childs sibling or half-sibling. The bill would also make establish that a finding that a parent committed severe sexual abuse against the child is prima facie evidence that the parent has neglected or cruelly treated the child for the purposes of terminating parental rights under these procedures.
## Digest Key
## Bill Text
The people of the State of California do enact as follows:SECTION 1.Section 7822 of the Family Code is amended to read:7822.(a)A proceeding under this part may be brought if any of the following occur:(1)The child has been left without provision for the childs identification by the childs parent or parents.(2)The child has been left by both parents or the sole parent in the care and custody of another person for a period of six months without any provision for the childs support, or without communication from the parent or parents, with the intent on the part of the parent or parents to abandon the child.(3)One parent has left the child in the care and custody of the other parent for a period of one year without any provision for the childs support, or without communication from the parent, with the intent on the part of the parent to abandon the child.(4)One parent who, after a hearing in which he or she was represented by counsel, has been found to have inflicted severe sexual abuse, as described in paragraph (6) of subdivision (b) of Section 361.5 of the Welfare and Institutions Code, against the child or the childs sibling or half-sibling.(b)The failure to provide identification, failure to provide support, or failure to communicate is presumptive evidence of the intent to abandon. If the parent or parents have made only token efforts to support or communicate with the child, the court may declare the child abandoned by the parent or parents. In the event that a guardian has been appointed for the child, the court may still declare the child abandoned if the parent or parents have failed to communicate with or support the child within the meaning of this section.(c)If the child has been left without provision for the childs identification and the whereabouts of the parents are unknown, a petition may be filed after the 120th day following the discovery of the child and citation by publication may be commenced. The petition may not be heard until after the 180th day following the discovery of the child.(d)If the parent has agreed for the child to be in the physical custody of another person or persons for adoption and has not signed an adoption placement agreement pursuant to Section 8801.3, a consent to adoption pursuant to Section 8814, or a relinquishment to a licensed adoption agency pursuant to Section 8700, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child. If the parent has placed the child for adoption pursuant to Section 8801.3, consented to adoption pursuant to Section 8814, or relinquished the child to a licensed adoption agency pursuant to Section 8700, and has then either revoked the consent or rescinded the relinquishment, but has not taken reasonable action to obtain custody of the child, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child.(e)Notwithstanding subdivisions (a), (b), (c), and (d), if the parent of an Indian child has transferred physical care, custody and control of the child to an Indian custodian, that action shall not be deemed to constitute an abandonment of the child, unless the parent manifests the intent to abandon the child by either of the following:(1)Failing to resume physical care, custody, and control of the child upon the request of the Indian custodian provided that if the Indian custodian is unable to make a request because the parent has failed to keep the Indian custodian apprised of his or her whereabouts and the Indian custodian has made reasonable efforts to determine the whereabouts of the parent without success, there may be evidence of intent to abandon.(2)Failing to substantially comply with any obligations assumed by the parent in his or her agreement with the Indian custodian despite the Indian custodians objection to the noncompliance.SEC. 2.SECTION 1. Section 7823 of the Family Code is amended to read:7823. (a) A proceeding under this part may be brought if all of the following requirements are satisfied:(1) The child has been neglected or cruelly treated by either or both parents. A finding that a parent committed severe sexual abuse, as described in paragraph (6) of subdivision (b) of Section 361.5 of the Welfare and Institutions Code, against the child shall be prima facie evidence that the parent has neglected or cruelly treated the child within the meaning of this subdivision.(2) The child has been a dependent child of the juvenile court under any subdivision of Section 300 of the Welfare and Institutions Code and the parent or parents have been deprived of the childs custody for one year before the filing of a petition pursuant to this part.(b) Physical custody by the parent or parents for insubstantial periods of time does not interrupt the running of the one-year period.
The people of the State of California do enact as follows:
## The people of the State of California do enact as follows:
(a)A proceeding under this part may be brought if any of the following occur:
(1)The child has been left without provision for the childs identification by the childs parent or parents.
(2)The child has been left by both parents or the sole parent in the care and custody of another person for a period of six months without any provision for the childs support, or without communication from the parent or parents, with the intent on the part of the parent or parents to abandon the child.
(3)One parent has left the child in the care and custody of the other parent for a period of one year without any provision for the childs support, or without communication from the parent, with the intent on the part of the parent to abandon the child.
(4)One parent who, after a hearing in which he or she was represented by counsel, has been found to have inflicted severe sexual abuse, as described in paragraph (6) of subdivision (b) of Section 361.5 of the Welfare and Institutions Code, against the child or the childs sibling or half-sibling.
(b)The failure to provide identification, failure to provide support, or failure to communicate is presumptive evidence of the intent to abandon. If the parent or parents have made only token efforts to support or communicate with the child, the court may declare the child abandoned by the parent or parents. In the event that a guardian has been appointed for the child, the court may still declare the child abandoned if the parent or parents have failed to communicate with or support the child within the meaning of this section.
(c)If the child has been left without provision for the childs identification and the whereabouts of the parents are unknown, a petition may be filed after the 120th day following the discovery of the child and citation by publication may be commenced. The petition may not be heard until after the 180th day following the discovery of the child.
(d)If the parent has agreed for the child to be in the physical custody of another person or persons for adoption and has not signed an adoption placement agreement pursuant to Section 8801.3, a consent to adoption pursuant to Section 8814, or a relinquishment to a licensed adoption agency pursuant to Section 8700, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child. If the parent has placed the child for adoption pursuant to Section 8801.3, consented to adoption pursuant to Section 8814, or relinquished the child to a licensed adoption agency pursuant to Section 8700, and has then either revoked the consent or rescinded the relinquishment, but has not taken reasonable action to obtain custody of the child, evidence of the adoptive placement shall not in itself preclude the court from finding an intent on the part of that parent to abandon the child.
(e)Notwithstanding subdivisions (a), (b), (c), and (d), if the parent of an Indian child has transferred physical care, custody and control of the child to an Indian custodian, that action shall not be deemed to constitute an abandonment of the child, unless the parent manifests the intent to abandon the child by either of the following:
(1)Failing to resume physical care, custody, and control of the child upon the request of the Indian custodian provided that if the Indian custodian is unable to make a request because the parent has failed to keep the Indian custodian apprised of his or her whereabouts and the Indian custodian has made reasonable efforts to determine the whereabouts of the parent without success, there may be evidence of intent to abandon.
(2)Failing to substantially comply with any obligations assumed by the parent in his or her agreement with the Indian custodian despite the Indian custodians objection to the noncompliance.
SEC. 2.SECTION 1. Section 7823 of the Family Code is amended to read:7823. (a) A proceeding under this part may be brought if all of the following requirements are satisfied:(1) The child has been neglected or cruelly treated by either or both parents. A finding that a parent committed severe sexual abuse, as described in paragraph (6) of subdivision (b) of Section 361.5 of the Welfare and Institutions Code, against the child shall be prima facie evidence that the parent has neglected or cruelly treated the child within the meaning of this subdivision.(2) The child has been a dependent child of the juvenile court under any subdivision of Section 300 of the Welfare and Institutions Code and the parent or parents have been deprived of the childs custody for one year before the filing of a petition pursuant to this part.(b) Physical custody by the parent or parents for insubstantial periods of time does not interrupt the running of the one-year period.
SEC. 2.SECTION 1. Section 7823 of the Family Code is amended to read:
### SEC. 2.SECTION 1.
7823. (a) A proceeding under this part may be brought if all of the following requirements are satisfied:(1) The child has been neglected or cruelly treated by either or both parents. A finding that a parent committed severe sexual abuse, as described in paragraph (6) of subdivision (b) of Section 361.5 of the Welfare and Institutions Code, against the child shall be prima facie evidence that the parent has neglected or cruelly treated the child within the meaning of this subdivision.(2) The child has been a dependent child of the juvenile court under any subdivision of Section 300 of the Welfare and Institutions Code and the parent or parents have been deprived of the childs custody for one year before the filing of a petition pursuant to this part.(b) Physical custody by the parent or parents for insubstantial periods of time does not interrupt the running of the one-year period.
7823. (a) A proceeding under this part may be brought if all of the following requirements are satisfied:(1) The child has been neglected or cruelly treated by either or both parents. A finding that a parent committed severe sexual abuse, as described in paragraph (6) of subdivision (b) of Section 361.5 of the Welfare and Institutions Code, against the child shall be prima facie evidence that the parent has neglected or cruelly treated the child within the meaning of this subdivision.(2) The child has been a dependent child of the juvenile court under any subdivision of Section 300 of the Welfare and Institutions Code and the parent or parents have been deprived of the childs custody for one year before the filing of a petition pursuant to this part.(b) Physical custody by the parent or parents for insubstantial periods of time does not interrupt the running of the one-year period.
7823. (a) A proceeding under this part may be brought if all of the following requirements are satisfied:(1) The child has been neglected or cruelly treated by either or both parents. A finding that a parent committed severe sexual abuse, as described in paragraph (6) of subdivision (b) of Section 361.5 of the Welfare and Institutions Code, against the child shall be prima facie evidence that the parent has neglected or cruelly treated the child within the meaning of this subdivision.(2) The child has been a dependent child of the juvenile court under any subdivision of Section 300 of the Welfare and Institutions Code and the parent or parents have been deprived of the childs custody for one year before the filing of a petition pursuant to this part.(b) Physical custody by the parent or parents for insubstantial periods of time does not interrupt the running of the one-year period.
7823. (a) A proceeding under this part may be brought if all of the following requirements are satisfied:
(1) The child has been neglected or cruelly treated by either or both parents. A finding that a parent committed severe sexual abuse, as described in paragraph (6) of subdivision (b) of Section 361.5 of the Welfare and Institutions Code, against the child shall be prima facie evidence that the parent has neglected or cruelly treated the child within the meaning of this subdivision.
(2) The child has been a dependent child of the juvenile court under any subdivision of Section 300 of the Welfare and Institutions Code and the parent or parents have been deprived of the childs custody for one year before the filing of a petition pursuant to this part.
(b) Physical custody by the parent or parents for insubstantial periods of time does not interrupt the running of the one-year period.