When Does A Child Come Under WIC § Section 300(B) ?
Welfare And Institutions Code Section 300(B)
A child comes within the jurisdiction of the juvenile court which may adjudge that person to be a child of the court. A child comes under Welfare and Institutions Code Section 300 (b) if “the child has suffered, or there is substantial risk that the child will suffer, serious physical harm or illness, as a result of the failure or inability of his or her parent or guardian to adequately supervise or protect the child…or by the inability of the parent or guardian to provide regular care for the child due to the parent’s or guardian’s mental illness, developmental disability, or substance abuse…The child shall continue to be a dependent child pursuant to this subdivision only so long as it is necessary to protect the child from risk of suffering serious physical harm or illness.
The three elements for jurisdiction under section 300, subdivision (b) are
(1) neglectful conduct by the parent in one of the specified forms;
(2) causation; and
(3) serious physical harm or illness to the child or a substantial risk of such harm or illness.” The third element requires a showing that at the time of the jurisdictional hearing (not before the hearing) that the child is at substantial risk of serious physical harm in the future. Past conduct is important if there is reason to believe that the conduct will continue.
Within this section the concern is for the best interests of the child. If the Social Services Agency believes a child at risk they will investigate and possibly detain the child. Sometimes in emergency situations the SSA will detain the child and then investigate if detention is necessary.
Dependency cases are very serious and complex and require a knowledgeable attorney who knows dependency rules and requirements. It is very important to consult with a knowledgeable attorney on the issue of dependency.
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