When the County Says Harm Could Happen

A 300(a) allegation doesn't always involve a serious injury. The county can also allege that a child is at substantial risk of serious physical harm inflicted by a parent.

The statute tells courts how to evaluate that risk. A finding of substantial risk can be based on:

•       The manner in which a less serious injury was inflicted

•       A history of repeated inflictions of injuries on the child or the child's siblings

•       A combination of these and other actions by the parent

In practice, that means a minor injury can still support a 300(a) allegation if the way it happened was dangerous, such as shaking an infant, or if it's part of a pattern.

Risk is about the future, so the strongest defense is usually evidence about the present. Courts look at whether the circumstances at the time of the hearing put the child at risk (In re Rocco M. (1991) 1 Cal.App.4th 814). Helpful evidence can include:

•       An isolated incident with no prior history

•       Completed anger management or parenting classes

•       Changes in the household, such as a new living situation

•       Positive reports from teachers, doctors or counselors

If CPS says your child is at risk of physical harm, call me at (855) 472-7368 for a free consultation.