Proving an Injury Was an Accident
Children fall off bikes, tumble down stairs and collide on playgrounds. Most injuries are exactly what they look like. But when a doctor, teacher or neighbor has doubts, an accident can turn into a CPS investigation.
Under WIC 300(a), the county must prove the harm was nonaccidental. That's a real requirement, and it's where many cases can be challenged. Evidence that helps show an accident includes:
ā¢ Witnesses who saw what happened
ā¢ Photos or video of the location, such as the stairs, the playground or the car
ā¢ Medical opinions explaining that the injury is consistent with your account
ā¢ The child's own statement, if age-appropriate, taken properly by a neutral interviewer
ā¢ Prompt medical care. Seeking treatment right away shows a parent acting responsibly
Be aware that even if the county can't prove abuse, it may shift to a 300(b) theory, claiming the accident happened because of inadequate supervision. Be ready to explain what supervision was in place.
The most important thing is a clear, consistent account from the start. Changing explanations, even innocently, is one of the main reasons accident cases go badly.
If CPS is treating an accident as abuse, call me at (855) 472-7368 for a free consultation.