The court shall deprive a father or a mother of patria potestas, at the request of a party, or motu proprio, if either the father or the mother, as the case may be, suffers a disease or a mental or emotional defect or condition, or alcoholism, or addiction to controlled substances, or if they display conduct which makes them incapable of, or prevents them from providing supervision, and physical, mental and emotional care to the minor; except when it is positively shown that the above conditions can be attended to within a reasonably short period of time. In order to determine what a reasonable period of time is, the court shall take into consideration the condition involved, the age of the minor and of the father and the mother, and the circumstances, as a whole, that prevail in the home to which the shall return, should the father or the mother not be deprived of patria potestas.
History —Civil Code, 1930, added as § 166B on Jan. 19, 1995, No. 8, § 2.