Cal. Codes » Family Code / DIVISION 12. PARENT AND CHILD RELATIONSHIP / PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL / CHAPTER 3. Procedure / ARTICLE 7. Hearing and Subsequent Proceedings
California Codes

Cal. Family Code § 7892.5 (2026)

✓ current as of May 2026
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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 of Decisions
Cited in 2 cases (2 in the last 5 years), 2022–2022 · leading case: Adoption of M.R. (Cal. Ct. App. 2022).
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Adoption of M.R. (Cal. Ct. App. 2022). “(Fam. Code, § 7892.5.) The notice and inquiry requirements of the Welfare and Institutions Code apply to proceedings under both the Probate Code (Prob.”
Adoption of M.R. (Cal. Ct. App. 2022). “(Fam. Code, § 7892.5.) The notice and inquiry requirements of the Welfare and Institutions Code apply to proceedings under both the Probate Code (Prob.”
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