What Is WIC Code 300?

Any child who matches the descriptions in Welfare and Institution Code 300 falls under the jurisdiction of the juvenile dependency court.

WIC 300(a)

Children who are harmed physically by their parents are subject to a WIC 300 petition.

WIC 300(b)(1)

Under this part of the WIC code, a child is under the court’s jurisdiction if their physical harm or illness came about because of one of the following causes.

• WIC 300(b)(1)(A): The parent or guardian didn’t supervise their child properly.
• WIC 300(b)(1)(B): The parent willfully or negligently failed to protect the child from the babysitter, guardian, family member, or other person they were left with.
• WIC 300(b)(1)(C): The parent did not give the child the right medical treatment, food, housing, or clothes.
• WIC 300(b)(1)(D): Because of a developmental disability, substance abuse, or mental disorder, the parent didn’t provide their child with adequate care.

WIC 300(b)(2)

However, even if WIC 300(b)(1) circumstances are present, the court will exclude them if the following situations are the only reason the WIC would apply.

• WIC 300(b)(2)(A): The family is homeless.
• WIC 300(b)(2)(B): The parent failed to get court-ordered custody.
• WIC 300(b)(2)(C): Because of indigence or poverty, the parents couldn’t provide clothes, food, childcare, or adequate housing.

WIC 300(b)(3)

When it considers the medical treatment or non-treatment that the parent provided, the court will defer to the parent if the decision was made because of the beliefs of a recognized church or religion. However, the court must also consider four factors: the parent’s treatment, the risk to the child, the risk of the agency’s proposed treatment, and the likelihood that the parent’s option will be successful.

WIC 300(b)(4)

Children fall under the jurisdiction of the court if they are sexually trafficked or paid in any manner for sexual acts, and the parent wasn’t able or willing to stop it.

WIC 300(c)

The child falls under the jurisdiction of the court if they suffered or could suffer severe emotional harm because of the parent’s actions.

WIC 300(d)

Additionally, children are protected by WIC 300 if they are sexually abused by the parent or a member of the household.

WIC 300(e)

Children are protected by juvenile dependency courts if they were physically abused by the parent or by anyone the parent reasonably could have known was causing the abuse.

WIC 300(f)

The child will also fall under the court’s jurisdiction if the parent caused another child to die through neglect.

WIC 300(g)

If the child has been voluntarily surrendered, CPS can submit a WIC 300 petition.

WIC 300(h)

CPS can also file a petition if one or both parents have allowed the child to be adopted for six months.

WIC 300(i)

If the child has been subjected to or wasn’t protected from acts of cruelty by parents and household members, WIC 300 petitions can be filed.

WIC 300(j)

If a sibling has already been abused or neglected, the child will fall under the jurisdiction of the court.

What Is a 300 Petition?

A 300 petition is a legal document filed in juvenile dependency court that asks for the child to be made a dependent of the court. However, parents still have rights throughout the juvenile dependency process. By consulting with a child welfare court lawyer in California, you can discover the best methods for gathering evidence and fighting CPS in court.

Get Help Navigating WIC Cases in California

What happens after a WIC 300 petition is filed? More importantly, what steps should you take to regain custody in California? Through the best CPS legal firm, you can learn what to expect from a child dependency case and how to get your child back. To find out more, give us a call today.