SECTIONS 7880-7884 - California Statutes

FAMILY.CODE

SECTION 7880-7884

7880. (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.

7881. (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. (a) If the father or mother of the child or a person alleged
to be or claiming to be the father or mother cannot, with reasonable
diligence, be served as provided for in Section 7881, or if his or
her place of residence is not known to the petitioner, the petitioner
or the petitioner's agent or attorney shall make and file an
affidavit, which shall state the name of the father or mother or
alleged father or mother and his or her place of residence, if known
to the petitioner, and the name of the father or mother or alleged
father or mother 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 father or mother or alleged father or mother
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 father or mother or
alleged father or mother 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. 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. (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.