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Guide to Dependency Court – For Parents

Can CPS Get Involved Over My Child's Mental Health Care?

Posted by Jomo Stewart | Oct 14, 2026

Emotional Abuse (WIC 300(c)) 

Parental Inaction and Mental Health Care Under WIC 300(c)

Yes. In California, a parent's failure or inability to get a child needed mental health treatment can support an emotional damage allegation under WIC 300(c) (In re Shelley J. (1998) 68 Cal.App.4th 322).

This usually comes up when a school, doctor or therapist has recommended services and the family hasn't followed through. In my experience, the reasons almost always matter. These situations are very different from a parent ignoring a serious problem:

  • Long waitlists for child therapists
  • Insurance denials
  • Transportation or work-schedule problems
  • A child who refuses to go

The key is documentation. Keep a record of every effort you make: calls to providers, insurance appeals, appointments scheduled and missed, and school meetings. If you disagree with a recommendation, get a second opinion rather than doing nothing. A parent who can show steady effort is in a very different position from one who can't.

Showing active engagement in your child's care is one of the strongest answers to this kind of allegation.

Related reading: [when delay in getting help becomes neglect](link to Post 10).

If CPS is questioning your child's mental health care, call me at (855) 472-7368 for a free consultation.

About the Author

Jomo Stewart

Jomo Stewart is a dogged, diligent advocate for his clients. His clients appreciate his candor regarding the strengths and weaknesses of their case and the on-going advice as their case progresses. Mr. Stewart will not be out worked by opposing counsel, and he is unwilling to compromise unless h...

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