The Physical Abuse Allegation in California Dependency Cases

When a CPS petition cites Welfare and Institutions Code section 300(a), the county is accusing a parent of physical abuse. It's one of the most serious allegations in juvenile court, and parents should understand exactly what it requires.

Under 300(a), the county must prove that the child:

1.      Has suffered serious physical harm inflicted nonaccidentally by a parent or guardian, or

2.      Is at substantial risk of suffering serious physical harm inflicted nonaccidentally by a parent or guardian.

Two words do most of the work. "Serious" means minor marks or injuries usually aren't enough on their own. "Nonaccidental" means the harm must have been inflicted, not the result of an accident.

The statute also says that reasonable, age-appropriate spanking to the buttocks, without evidence of serious physical injury, does not fall under 300(a).

In my years defending California parents, I've seen 300(a) allegations filed on facts that don't come close to this standard. A bruise from a fall at the park is not abuse. Whatever the facts, the county carries the burden of proving each element.

If CPS has accused you of physical abuse, call me at (855) 472-7368 for a free consultation.