CALIFORNIA FAMILY LAW
...Custody and Visitation
......Termination of Parental Rights
5 Cards On This Topic:

Under FC §7822(a)(3), Mother's parental rights improperly terminated where she did not communicate with or support her children for one year, but had no intent to abandon them.

Trial ct. reasonably concluded W and H2 did not show, by clear and convincing evidence, that H1 left Cs with W for a year without support or without communicating and, thus, intended to abandon them within the meaning of FC 7822.

Although FC §7822 is clear that the 1-yr. statutory period of abandonment must ••occur•• prior to filing a termination petition, neither that language nor case law limits it only to the year immediately preceding the filing.

SW's investigation and report under FC 7850 and FC 7851 are procedural and evidentiary requirements, not jurisdictional, and are therefore subject to forfeiture; F forfeited contentions by failing to raise them below.

Mandatory requirements of an investigation and a report by a licensed clinical SW under FC 7850 and FC 7851 were not applicable to mother's FC 7827 petition to terminate F's parental rights for mental disability.