CHILDREN AND THE LAW
...Dependency Petitions
......Jurisdictional Hearing
.........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.