Article 6 - Notice of Proceeding and Attendance at Hearing

California Family Code — §§ 7880-7884

Sections (5)

Amended by Stats. 2012, Ch. 638, Sec. 5. (AB 1757) Effective January 1, 2013.

(a)Upon the filing of the petition, a citation shall issue requiring any person having the custody or control of the child, or the person with whom the child is, to appear at a time and place stated in the citation.

(b)The citation shall also require the person to appear with the child except that, if the child is under the age of 10 years, appearance with the child is required only upon order of the court after necessity has been shown.

(c)Service of the citation shall be made in the manner prescribed by law for service of civil process at least 10 days before the time stated in the citation for the appearance. The

party or attorney responsible for serving the citation shall do so in a timely manner in order to maximize the response time available to the party being served.

§ 7881

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

(a)Notice of the proceeding shall be given by service of a citation on the father or mother of the child, if the place of residence of the father or mother is known to the petitioner. If the place of residence of the father or mother is not known to the petitioner, then the citation shall be served on the grandparents and adult brothers, sisters, uncles, aunts, and first cousins of the child, if there are any and if their residences and relationships to the child are known to the petitioner.

(b)The citation shall advise the person or persons that they may appear at the time and place stated in the citation. The citation shall also advise the person or persons of the rights and procedures set forth in Article 4 (commencing with Section 7860). If the petition is filed for the purpose of freeing the child for placement for adoption, the citation shall so state.

(c)The citation shall be served in the manner

provided by law for the service of a summons in a civil action, other than by publication. If one parent has relinquished the child for the purpose of adoption, or has signed a consent for adoption as provided in Sections 8700, 8814, or 9003, notice as provided in this section need not be given to the parent who has signed the relinquishment or consent.

(d)Service of the citations required by this section shall be made at least 10 days before the time stated in the citation for the appearance.

§ 7882

Amended by Stats. 2019, Ch. 115, Sec. 103. (AB 1817) Effective January 1, 2020.

(a)If the parent of the child or a person alleged to be or claiming to be the parent cannot, with reasonable diligence, be served as provided for in Section 7881, or if the parent’s place of residence is not known to the petitioner, the petitioner or the petitioner’s agent or attorney shall make and file an affidavit stating the name of the parent or alleged parent and their place of residence, if known to the petitioner, and the name of the parent or alleged parent whose place of residence is unknown to the petitioner.

(b)Upon the filing of the affidavit, the court shall make an order that (1) the service shall be made by the publication of a

citation requiring the parent or alleged parent to appear at the time and place stated in the citation and (2) the citation shall be published pursuant to Section 6064 of the Government Code in a newspaper to be named and designated in the order as most likely to give notice to the parent or alleged parent to be served.

(c)In case of publication where the residence of a parent or alleged parent is known, the court shall also direct a copy of the citation to be forthwith served upon that parent or alleged parent by mail by deposit in the post office properly addressed and with the postage thereon fully prepaid, directed to that parent or alleged parent at the place of residence. When publication is ordered, service of a copy of the citation in the manner provided for in Section 7881 is equivalent to publication and deposit in the post office.

(d)If one or both of the parents of the child are unknown or if the names of one or both of the child’s parents are uncertain, that fact shall be set forth in the affidavit and the court shall order the citation to be directed to either or both of the child’s parents, naming and otherwise describing the child, and to all persons claiming to be a parent of the child.

(e)Service is complete at the expiration of the time prescribed by the order for publication or when service is made as provided for in Section 7881, whichever event first occurs.

§ 7883

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

If a person personally served with a citation within this state as provided in Section 7880 fails without reasonable cause to appear and abide by the order of the court, or to bring the child before the court if so required in the citation, the failure constitutes a contempt of court.

§ 7884

Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.

(a)Unless requested by the child concerning whom the petition has been filed and any parent or guardian present, the public shall not be admitted to a proceeding under this part.

(b)Notwithstanding subdivision (a), the judge may admit those persons the judge determines have a direct and legitimate interest in the particular case or in the work of the court.