California Welfare and Institutions Code

§ 5977

WIC § 5977 Effective Jan 1, 2026Div. 5 · Part 8 · Ch. 2

Statute text

(a)(1) The court shall promptly review the petition to determine if the petitioner has made a prima facie showing that the respondent is, or may be, a person described in Section 5972. The court may make a prima facie determination without conducting a hearing.

(2)If the court finds that the petitioner has not made a prima facie showing that the respondent is, or may be, a person described in Section 5972, the court may dismiss the case and, if the court does so, it shall order that the dismissal is without prejudice, unless Section 5975.1 applies. Nothing other than Section 5975.1 prevents a petitioner whose petition was dismissed without prejudice from refiling the petition with amended information.

(3)If the court finds that the petitioner has made a prima facie showing that the respondent is, or may be, a person described in Section 5972, the court shall do one of the following:

…

Legislative history

Amended by Stats. 2025, Ch. 528, Sec. 5. (SB 27) Effective January 1, 2026. Section conditionally operative as provided in Section 5970.5.