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California Code, Family Code - FAM § 7824

Current as of January 01, 2025 | Updated by Findlaw Staff

(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.

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Cite this article: FindLaw.com - California Code, Family Code - FAM § 7824 - last updated January 01, 2025 | https://codes.findlaw.com/ca/family-code/fam-sect-7824/

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