CHILDREN AND THE LAW
...Dependency Petitions
......Jurisdictional Hearing
.........Jurisdictional Grounds
............300(b): Parental Neglect/Mental Illness
 40 Cards On This Topic:
  • Petition for dependency may be sustained due to harm or illness caused by parent’s neglect.
  • Injury due to act or neglect on the part of person who has care of minor; prima facie evidence of neglect.
  • Substantial evidence supported jurisdictional findings where mother continued to abuse alcohol while taking methadone, knowing it was dangerous or lethal, and continued to deny her substance abuse placed C at risk.
  • Allegations stricken as mother's not obtaining RO following single DV incident with F did not expose Cs to risk of harm, nor did evidence show she knew of F's crim. history and sex offender status so as to place Cs at risk of harm.
  • As mother's physical disability made her unable to exercise care and control of C—she could not adequately supervise and protect him resulting in a substantial risk of harm to him—jurisd. properly invoked under 1st clause of W&IC §300(b)(1).
  • Mother's hiding her current drug use, avoiding drug tests, giving diluted samples, and trying to alter a test result constituted ample evidence of continued use; that her baby was not yet harmed by it was not determinative.
  • As F's violation of family law RO—harassing mother and denigrating her to Cs—placed Cs at risk of emotional, but not physical injury, his conduct could not support jurisdiction under W&IC 300(b).
  • No error in removing C from mother and placing him in foster care where F failed to stop mother's drug use during pregnancy and had not adequately addressed his own drug use and parenting issues.
  • Although substantial evidence supported finding mother suffered from a substance abuse problem, it did not support finding that her substance abuse caused or was causing a substantial risk of harm to C.
  • W&IC 300(b) jurisdiction proper where mother failed to supervise or protect Cs from conduct of F with whom she left them despite knowing of his drug problems, sex abuse and failure to provide for their needs.
  • Substantial evidence supported W&IC 300(b) findings re parents of baby testing positive for drugs at birth: mother's substance abuse endangered all 4 of her Cs and F's persistent, illegal use of MJ showed an inability to care for the baby.
  • Blind, autistic, nearly naked boy left asleep in a car while mother hid to avoid police was at substantial risk of serious physical harm and nothing suggested problems would not continue in future.
  • Trial court erred in declaring 9-mo.-old a court dependent based on finding F's legal use of medical marijuana for arthritis placed C at substantial risk of serious harm.
  • Insufficient evidence supported removal of C from jailed mother's custody where she named two suitable caregivers, both willing to take C; custody to F rev'd where court did not make required findings per W&IC 361.5(a).
  • W&IC 300(b) jurisdiction unsupported where record did not show C was at risk of suffering severe physical harm as the result of mother's use of illegal drugs.
  • Sufficient evidence supported allegation F engaged in DV such that there was a substantial risk Cs would suffer serious physical harm—exposure to DV may serve as the basis of a jurisdictional finding under W&IC 300(b).
  • Juvenile court properly assumed jurisdiction over Cs based on mother's drug use and drug paraphernalia in the home and removed them; all findings, and denial of reunification services, supported by substantial evidence.
  • Substantial evidence supported removing C from parents' care where it was not proven she was not in parents' custody when she suffered a subdural hematoma.
  • F's failure to provide for C before paternity finding did not support true W&IC 300(b) finding where C well cared for, DCFS only involved b/c of mother, F willing to "step up," and not his fault paternity test results were delayed.
  • Evidence of F’s one DUI car crash was not sufficient to bring Cs within juvenile ct.'s jurisdiction where no other evidence parents' judgment and conduct was so materially deficient that they could not adequately supervise/protect.
  • Parental unfitness or neglect must be shown to assert dependency court jurisdiction based on parent's "inability . . . to adequately supervise or protect the child" per W&IC 300(b).
  • Evidence adequately supported finding parents neglected underweight, malnourished baby who was well below her expected developmental level.
  • Order sustaining W&IC 300(b) petition reversed where no evidence Cs' "inappropriate sexual conduct" occurred "as a result of" mother's "divergent approach to parenting" or her "physical and emotional problems."
  • Although W&IC 300 (b) omits reference to conduct of parent with an unrelated child as basis for finding C at risk, W&IC 355.1 (b) specifically provides such conduct can be considered for any W&IC 300 petition.
  • Children's testimony re abuse, corroborated by deputies and SW, constituted ample evidence for trial court's conclusion they were at substantial risk of serious physical and emotional harm.
  • That parents left toddler with friend who sexually abused her did not indicate substantial risk at time of hearing that C would suffer, ••in the future••, serious physical harm as result of parents’ negligence.
  • Though incarcerated F waived right to challenge sufficiency of dependency allegations, allegations sufficient to confer jurisdiction on juv. court; substantial evidence supported jurisdictional findings under 300 b and g.
  • Dependency petition set forth specific facts alleging substantial risk that M would suffer serious physical harm as a result of mother's failure or inability to protect from abusive presumed father.
  • Given deference accorded juv. court's factual findings, substantial evidence supported jurisdictional findings and risk mother would allow once abusive presumed father unsupervised contact with M.
  • Juvenile court's jurisdiction not supported by sustained allegations of dependency petition.
  • Allegations failed to state basis for Welf. & Inst. Code §300 (b) jurisdiction as they didn't allege current substantial risk that C would suffer serious physical harm as result of parents' inability to supervise or protect him.
  • F’s abuse of stepmother in Ms’ presence constitutes neglect & failure to protect; removal proper where stepmother has BWS, Ms suffer "secondary abuse" and are at risk of developing BWS.
  • Allegations sustained at jurisdiction hearing did not support finding of jurisdiction under W&IC §300 (b); pleading must contain essential facts establishing at least one jurisdictional ground.
  • Although mother and M bonded, evidence showed mother’s emotional instability, substance abuse and combative behavior presented substantial risk of danger to M.
  • No evidence to support 300(b) allegation simply because mother delusional.
  • Parental mental illness evidence sufficient to support jurisdictional order under Welf. & Inst. Code §300 (b) without testimony of expert witnesses.
  • Standard for determining whether parent’s conduct constitutes substantial risk of serious physical harm to child.
  • Parents ineffective treatment of child’s medical problems with herbs justifies dependency jurisdiction.
  • Parents who were not divorced but living with others in "illicit" relationships does not constitute neglect.
  • Cases discussing Section 300 (b) provisions.


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