Cal. Codes » Family Code / DIVISION 12. PARENT AND CHILD RELATIONSHIP / PART 4. FREEDOM FROM PARENTAL CUSTODY AND CONTROL / CHAPTER 2. Circumstances Where Proceeding May Be Brought
California Codes

Cal. Family Code § 7826 (2026)

Circumstances Where Proceeding May Be Brought

✓ current as of May 2026
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A proceeding under this part may be brought where both of the following requirements are satisfied:

(a)The child is one whose parent or parents have been declared by a court of competent jurisdiction, wherever situated, to be developmentally disabled or mentally ill.

(b)In the state or country in which the parent or parents reside or are hospitalized, the Director of State Hospitals or the Director of Developmental Services, or their equivalent, if any, and the executive director of the hospital, if any, of which the parent or parents are inmates or patients, certify that the parent or parents so declared to be developmentally disabled or mentally ill will not be capable of supporting or controlling the child in a proper manner.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 2000–2024 · leading case: In Re Daniel S., 9 Cal. Rptr. 3d 646 (Cal. Ct. App. 2004).
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In Re Daniel S., 9 Cal. Rptr. 3d 646 (Cal. Ct. App. 2004). “[¶] (b) In the state or country in which the parent or parents reside or are hospitalized, the Director of Mental Health or the Director of Developmental Services, or their equivalent, if any, and the superintendent of the hospital, if any, of which the parent or parents are…”
Crouch v. Smick, 2014 IL App (5th) 140382 (Ill. App. Ct. 2015). · cites it 2× “The court held that Leslie and Daniel proved by clear and convincing evidence that under California Family Code section 7826 ( Cal.”
Catherine P. v. Ngoc P., 101 Cal. Rptr. 2d 423 (Cal. Ct. App. 2000). “§ 12132 ) any statute which permits the termination of parental rights of a mentally disabled person, such as Family Code sections 7826 and 7827, is necessarily preempted by federal law.”
San Diego Cnty. Health & Human Servs. Agency v. Leticia S., 115 Cal. App. 4th 903 (Cal. Ct. App. 2004). “[|] (b) In the state or country in which the parent or parents reside or are hospitalized, the Director of Mental Health or the Director of Developmental Services, or their equivalent, if any, and the superintendent of the hospital, if any, of which the parent or parents are…”
L.B. v. Superior Court CA1/2 (Cal. Ct. App. 2024). “” (Fam. Code, § 7826, subd. (a).) 4 for dyadic therapy6 or therapeutic visitation was denied because mother did not meet program criteria.”
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