CA Fam Code Section 7823

(a)

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

(1)

The child has been neglected or cruelly treated by either or both parents.

(2)

The child has been a dependent child of the juvenile court under any subdivision of Section 300 of the Welfare and Institutions Code and the parent or parents have been deprived of the child’s custody for one year before the filing of a petition pursuant to this part.

(b)

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