LawWiki
HomeCodesSearchGlossaryAPIAbout
LawWiki

Plain English summaries of California law with zero-hallucination AI. Every summary is verified against official source text.

Product

  • Search
  • Codes
  • About

Legal

  • Privacy Policy
  • Terms of Service
  • Disclaimer

© 2026 LawWiki. All rights reserved.

HomeFamily CodeDiv. 12Pt. 4Ch. 3Art. 1§ 7840 Freeing Child From Parental Control

§ 7840 Freeing Child From Parental Control

Family Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 7840 Freeing Child From Parental Control

Key Takeaways

  • •Only certain groups (like social services or adoption agencies) can ask a court to legally free a child from their parents' care.
  • •Even if a child is in foster care, these groups can still ask the court to free the child from their parents.
  • •If the group asking already has the child, they can usually keep the child until the court decides, unless the court thinks it's better for the child to be somewhere else.

Example

A child has been living in foster care for a while because their parents can't take care of them. A social worker thinks the child should be adopted by a new family.

The social worker's agency can ask the court to legally free the child from their parents' care. This way, the child can be adopted by a new family. The agency can keep the child in foster care while waiting for the court's decision.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 7840 Freeing Child From Parental Control

(a) A petition may be filed under this part for an order or judgment declaring a child free from the custody and control of either or both parents by any of the following: (1) The State Department of Social Services, a county welfare department, a licensed private or public adoption agency, a county adoption department, or a county probation department which is planning adoptive placement of the child with a licensed adoption agency. (2) The State Department of Social Services acting as an adoption agency in counties which are not served by a county adoption agency. (b) The fact that a child is in a foster care home subject to the requirements of Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code does not prevent the filing of a petition under subdivision (a). (c) The county counsel or, if there is no county counsel, the district attorney of the county specified in Section 7845 shall, in a proper case, institute the proceeding upon the request of any of the state or county agencies mentioned in subdivision (a). The proceeding shall be instituted pursuant to this part within 30 days of the request. (d) If, at the time of the filing of a petition by a department or agency specified in subdivision (a), the child is in the custody of the petitioner, the petitioner may continue to have custody of the child pending the hearing on the petition unless the court, in its discretion, makes such other order regarding custody pending the hearing as it finds will best serve and protect the interest and welfare of the child. (Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

Last verified: January 21, 2026

Key Terms

petitionchild free from custody and controlState Department of Social Servicescounty welfare departmentlicensed adoption agencycounty counseldistrict attorneycustody pending the hearing

Related Statutes

  • § 7841 Free Child Custody Control Petition
  • § 1831 Pre-Filing Marriage Reconciliation
  • § 1832 Family Conciliation Petition
  • § 1833 Family Dispute Petition Requirements
  • § 1836 Hearing Notice And Citation

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Family Code. Section 7840.
View Official Source