California Family Code
Sec. § 7824


(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 childs 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.
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Last accessed
Jun. 6, 2016