California · Through 2026-09-13

FAM § 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 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.

Where this section sits in the code

Family Code - FAM
DIVISION 12. PARENT AND CHILD RELATIONSHIP [7500. - 7962.]
PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL [7800. - 7895.]
CHAPTER 2. Circumstances Where Proceeding May Be Brought [7820. - 7827.]

(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.

Collected 2026-09-14T05:56:33Z. Source file · JSON

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