California Family Code

Sec. § 7824


“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.


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


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.


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.


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

Last accessed
May 15, 2018