Fam. Code, § 7824 · Chapter 2. Circumstances Where Proceeding May Be Brought
Fam. Code, § 7824
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(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.
Notes and commentary — not statutory text
History
Enacted by Stats. 1992, Ch. 162, Sec. 10. Operative January 1, 1994.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FAM§ionNum=7824.
- Text hash
- sha256 21ab5bc4cd318919154235f1bbd474f3f9bee7307dc019223ee69fd8eb29843e
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
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