Understanding the Most Common Dependency Allegation

If you've received a dependency petition in California, there's a good chance it cites WIC 300(b)(1). It's by far the most common basis for juvenile court jurisdiction.

The county must prove the child has suffered, or is at substantial risk of suffering, serious physical harm or illness because of one of four things:

1.      (A) The parent's failure or inability to adequately supervise or protect the child

2.      (B) The parent's willful or negligent failure to protect the child from the person the child was left with

3.      (C) The parent's willful or negligent failure to provide adequate food, clothing, shelter or medical treatment

4.      (D) The parent's inability to provide regular care because of mental illness, developmental disability or substance abuse

Every 300(b)(1) allegation needs the full chain: the parent's conduct or condition, a link to the child, and serious physical harm or a real risk of it. Emotional harm alone doesn't qualify under this subdivision.

The statute also limits how long the court can keep jurisdiction under 300(b): only as long as necessary to protect the child from that risk.

In upcoming posts, I'll go through each of these theories and the defenses that work.