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DIVISION 12. PARENT AND CHILD RELATIONSHIP 7500-7961›PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL 7800-7895›CHAPTER 2. Circumstances Where Proceeding May Be Brought 7820-7827

§ 7824

California Family Code · 2020-11 edition · updated 2026-10-04 · California

(a) “Disability” as used in this section means any physical or mental incapacity which renders the parent or parents unable to care for and control the child adequately.

(b) A proceeding under this part may be brought where all of the following requirements are satisfied:

(1) The child is one whose parent or parents (A) suffer a disability because of the habitual use of alcohol, or any of the controlled substances specified in Schedules I to V, inclusive, of Division 10 (commencing with Section 11000) of the Health and Safety Code, except when these controlled substances are used as part of a medically prescribed plan, or (B) are morally depraved.

(2) The child has been a dependent child of the juvenile court, and the parent or parents have been deprived of the child’s custody continuously for one year immediately before the filing of a petition pursuant to this part.

(c) Physical custody by the parent or parents for insubstantial periods of time does not interrupt the running of the one-year period.

(Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.)

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California Family Code

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