Fam. Code, § 7892.5 · Article 7. Hearing and Subsequent Proceedings
Fam. Code, § 7892.5
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
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 Section 361.7 of the Welfare and Institutions Code.
(b) The court finds, supported by evidence beyond a reasonable doubt, including testimony of one or more “qualified expert witnesses” as described in Section 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.
Notes and commentary — not statutory text
History
Added by Stats. 2006, Ch. 838, Sec. 6. Effective January 1, 2007.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=7892.5.
- Text hash
- sha256 41e72371905e62bcefaff204517a21bc7a4fb898c9e26e8ddf10d87f04acff7b
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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