CHILDREN AND THE LAW
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Dependency Petitions
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Jurisdictional Hearing
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Jurisdictional Grounds
............300(c): Emotional Abuse/Damage
18 Cards On This Topic:
Substantial evidence supported W&IC 300(c) finding that parents' failure to obtain mental health services for C over a two-year period was a substantial factor in causing her continuing serious emotional damage.
Juvenile court could reasonably conclude C would be at risk of serious emotional harm given extensive evidence of DV, alcohol abuse, and mother's minimalizing or failing to recognize the risks.
Petition for dependency may be sustained due to actual or potential emotional damage.
W&IC 361(c) removal order amply supported by evidence there was a substantial risk of danger to C's safety if she were returned to F's custody at the dispositional hearing.
Allegations of “emotional harm,” without more, will not support dependency jurisdiction.
Substantial evidence supported W&IC 300(c) findings C was suffering or at risk of suffering serious emotional damage, shown by C's nightmares about mother taking her from F, her fear of mother, and her belief mother was crazy.
Parents' regimen of psychological manipulation and coaching Cs as to accusations of sexual abuse subjected Cs to substantial risk of emotional harm under W&IC 300(c).
Name calling without more will not support jurisdiction.
Fact that well-adjusted child despised father insufficient to support finding of serious emotional damage and dependency, esp. where parents tried to change their behavior.
Evidence sufficient under W&IC §300 (c) to show M's psych problems and acting out due to deplorable, unsafe home created by parents not capable of providing appropriate care.
Minor son of mother with delusions about his health and other matters is at risk of developing serious emotional problems.
Jurisdictional order reversed for basing W&IC 300(c) findings on allegations and evidence focusing on minor’s, not parent’s, behavior; statute requires proof of parent’s abusive conduct.
Proof of parental "fault" under W&IC 300(c).
Abuse for purposes of section 300(c) defined.
Mother’s refusal to believe husband sexually abused daughter sufficient to bring mother under §300 jurisdiction where disbelief could place child at future risk.
Substantial evidence supported finding that M suffered emotional damage from father.
Juvenile ct. erroneously found emotional neglect present; Emotional neglect defined.
Admissibility of evidence of lack of sexual deviance.