Section 7827 Of Chapter 2. Circumstances Where Proceeding May Be Brought From California Family Law Code >> Division 12. >> Part 4. >> Chapter 2.
7827
. (a) "Mentally disabled" as used in this section means that a
parent or parents suffer a mental incapacity or disorder that renders
the parent or parents unable to care for and control the child
adequately.
(b) A proceeding under this part may be brought where the child is
one whose parent or parents are mentally disabled and are likely to
remain so in the foreseeable future.
(c) Except as provided in subdivision (d), the evidence of any two
experts, each of whom shall be a physician and surgeon, certified
either by the American Board of Psychiatry and Neurology or under
Section 6750 of the Welfare and Institutions Code, a licensed
psychologist who has a doctoral degree in psychology and at least
five years of postgraduate experience in the diagnosis and treatment
of emotional and mental disorders, is required to support a finding
under this section. In addition to this requirement, the court shall
have the discretion to call a licensed marriage and family therapist,
or a licensed clinical social worker, either of whom shall have at
least five years of relevant postlicensure experience, in
circumstances where the court determines that this testimony is in
the best interest of the child and is warranted by the circumstances
of the particular family or parenting issues involved. However, the
court may not call a licensed marriage and family therapist or
licensed clinical social worker pursuant to this section who is the
adoption service provider, as defined in Section 8502, of the child
who is the subject of the petition to terminate parental rights.
(d) If the parent or parents reside in another state or in a
foreign country, the evidence required by this section may be
supplied by the affidavits of two experts, each of whom shall be
either of the following:
(1) A physician and surgeon who is a resident of that state or
foreign country, and who has been certified by a medical organization
or society of that state or foreign country to practice psychiatric
or neurological medicine.
(2) A licensed psychologist who has a doctoral degree in
psychology and at least five years of postgraduate experience in the
diagnosis and treatment of emotional and mental disorders and who is
licensed in that state or authorized to practice in that country.
(e) If the rights of a parent are sought to be terminated pursuant
to this section, and the parent has no attorney, the court shall
appoint an attorney for the parent pursuant to Article 4 (commencing
with Section 7860) of Chapter 3, whether or not a request for the
appointment is made by the parent.