The Three Things CPS Must Prove in an Emotional Abuse Case

Damage, Conduct and Causation Under WIC 300(c)

When CPS accuses a parent of emotionally harming a child, many parents assume the social worker's opinion is enough to decide the case. It isn't. In my years defending California parents in juvenile dependency court, I have seen emotional abuse allegations fall apart because the county could not connect the pieces.

Under Welfare and Institutions Code section 300(c), when the county claims a parent's conduct caused emotional harm, it must prove three things (In re Brison C. (2000) 81 Cal.App.4th 1373):

1. Serious emotional damage. The child must show severe anxiety, depression, withdrawal or untoward aggressive behavior, or be at substantial risk of it. Ordinary sadness or stress is not enough.
2. Offending parental conduct. The county must identify something the parent did, or failed to do.
3. Causation. The parent's conduct must have caused the harm or the risk.

Each element is a separate question. A child can be struggling for reasons that have nothing to do with the parent, such as bullying at school, a move, or the loss of a family member. If the county can't tie the child's condition to your conduct, the allegation should not be sustained.

If you are facing an emotional abuse allegation, look closely at what evidence the county actually has for each element. Gather your child's school records, medical records and any counseling history. Be careful what you say to the social worker, because frustrated comments are often quoted in petitions.

For a broader overview, read my post on [what “serious emotional damage” means under WIC 300(c)](link to post #1). You can also learn more about my [juvenile dependency defense practice](link to practice page).

If CPS has contacted you about an emotional abuse allegation, call me at (855) 472-7368 for a free consultation. The earlier I'm involved, the more options you have.