How to Fight a Section 300 Petition in Juvenile Dependency Court

The California Welfare and Institutions Code (WIC) is a broad collection of laws. While they are famous for being used in Child Protective Services (CPS) cases, they can also be used in legal cases involving developmental services, mental health, and many other topics. If CPS removes a child from their home, it is under the authority of WIC 300.

Once this occurs, it can take months and countless hours of stress to fight a Section 300 petition. To make this process easier and understand what to expect, reach out to a top-rated juvenile dependency attorney for more help.

A Section 300 petition is when a petition is filed with the court, starting a juvenile dependency case. Basically, it asks for the child to be put under the court’s jurisdiction because of some pressing reason. The following are just a few examples of why a WIC Section 300 petition might occur.

• The child witnessed the parent commit an act of domestic violence.
• The parent engaged in physical abuse.
• The child wasn’t provided with adequate housing, food, or clothing.
• If the parent is in jail or hospitalized, the court may decide that they are unable to provide appropriate care.
• The child was allowed to be around someone who has a track record of engaging in child abuse. Alternatively, the parent may be personally responsible for the abuse.
• The parent has neglected to care for their child’s medical needs.
• Sometimes, the court will remove a child from the home if the parent’s substance use disorder impacts their ability to care for the child, making the home environment unsafe.

There are a few things you must do to fight a Section 300 petition. After the petition has been filed, a detention hearing is held. During this hearing, the court decides if the child must be taken from their home while the investigation is underway. You are allowed to bring your own legal representation to protect your rights and interests.

Later, there is a jurisdictional hearing where you can challenge the WIC 300 petition. You can present evidence, and the court will consider if the child should be considered a dependent of the court.

If this happens, a dispositional hearing is held to figure out the best placement for the child and the type of services your family may need. For example, the court may provide family therapy, parenting classes, Alcoholics Anonymous or Narcotics Anonymous meetings, substance abuse treatment, job training, housing aid, or similar services.

Over time, the court will hold review hearings to determine the status of the case. If changes have been successfully made in the home, the court may decide to let the child come home. Alternatively, they may decide to schedule a review hearing for the future to follow up.

With the help of a skilled attorney, you can fight CPS in California. They will help you build evidence to support your case and counter the argument that CPS is trying to present. An experienced juvenile dependency lawyer understands how the legal system works, so they can help you build the best possible case.

The techniques used in court will depend on the type of evidence used. For example, CPS may use expert testimony about injuries, medical reports, statements from the child, or examples of prior incidents.

Within 24 to 48 hours of the Section 300 petition being filed, the detention hearing is held. The burden of proof is only based on a “preponderance of the evidence,” which is a lower standard than a criminal trial. If the judge determines that there isn’t enough evidence, the child will be allowed to return to their home–alternatively, the judge can also decide to place the child in temporary care.

When you go to juvenile dependency court, you need the best legal help possible to fight the Section 300 petition. Through the help of a skilled child dependency attorney, you can build evidence and protect your parental rights. To learn more about this process, reach out to our team today.