CHILDREN AND THE LAW
...Dependency Petitions
......Jurisdictional Hearing
.........Jurisdictional Grounds
............300(g): Absent Parent/Abandonment
15 Cards On This Topic:

Petition for dependency may be sustained if child left with provision for support, voluntarily surrendered and not reclaimed, or parent incarcerated.

Juvenile ct. erred in finding jurisdiction under W&IC 300(b) & (g) as none of the allegations that F failed to provide for C was supported by substantial evidence ••at the time of the jurisdiction/disposition hearing••.

No basis for W&IC 300(b) and (g) jurisdiction where mother arranged for care of C before jurisdiction/disposition hearing; if it didn't work out, she could easily have been located [in jail] to make other arrangements.

Finding of W&IC 300(g) jurisdiction not supported by substantial evidence where mother and grandmother provided C with sufficient support-that F did not contribute did not justify jurisdiction.

No causal nexus between juvenile court's findings of serious injury to Cs by mother and SF and the findings of absent F's failure to provide for Cs' necessities and medical care.

As substantial evidence supported court's conclusion C had been left without any provision for support and needed court protection as a dependent child, parents' attempt to divert focus to their interests without merit.

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 W&IC 300b and g.

As mother left minor with grandparents but didn't give them legal custody, court could reasonably find she was unable to arrange care, and W&IC 300 (g) jurisdiction supported by substantial evidence.

Court did not have jurisdiction to terminate parental rights of incarcerated mother who could arrange for child's care but was ineffectively represented by counsel who misunderstood W&IC section.

Although absent parent allegation true, it was not basis for referral; it would be anomalous to permit fact of an absent father to be the sole justification to assert jurisdiction and to detain Cs from mother.

No evidence to support 300(g) allegation simply because mother delusional.

Dependency supported by substantial evidence that M left by mother with no means of support and incarcerated F unable to make suitable arrangements.

Father’s incarceration insufficient to justify dependency, unless father incapable of arranging for minor’s care at time of hearing.

Aging relative who would not qualify for long-term custody under a guardianship petition may still be able to provide adequate care during parent’s prison term.

Reunification services for incarcerated parents.