Serious Physical Harm in San Bernardino CPS

WIC 300(a) or Serious Physical Harm in San Bernardino CPS refers to a specific section of the California Welfare and Institutions Code (WIC) that addresses child abuse in the context of Child Protective Services (CPS) cases. Under the CA (WIC) Section 300(a): Serious Physical Harm, a child may be found to be a dependent of the court if there is evidence that the child has suffered serious physical harm or is at substantial risk of serious physical harm due to abuse by a parent or guardian.

What does WIC 300(a) cover?

• Physical abuse: If a parent or guardian causes physical injury to a child—such as bruising, broken bones, or other forms of harm—the child may be adjudicated as a dependent under the CA (WIC) Section 300(a): Serious Physical Harm. The court looks at whether the injury was inflicted intentionally or recklessly, or if there is a pattern of abuse.
• Risk of harm: Even if no injury has occurred yet, if the child is at substantial risk of suffering physical harm due to a parent’s actions or behavior, this can lead to a finding under WIC 300(a). For example, if a parent is known to have a history of violence or neglect, this risk may be sufficient for jurisdiction.

Key Factors for WIC 300(a): Serious Physical Harm in San Bernardino CPS

1. Serious physical harm: The injury must be severe enough to be considered serious harm. This includes injuries that require medical attention or are life-threatening.
2. Substantial risk of harm: Even without actual harm occurring, a child may be found to be at risk if there is credible evidence that they are in danger of being physically injured in the future.
3. Parental responsibility: The parent or guardian must be the source of the abuse or neglect. The law considers the actions or inactions of the parent or guardian that put the child at risk.

Legal Process under WIC 300(a): Serious Physical Harm in San Bernardino CPS

When allegations of physical abuse are made under the CA (WIC) Section 300(a): Serious Physical Harm, CPS will investigate the claims. If there is enough evidence, the case will go to a jurisdiction hearing where the court will determine whether the child is a dependent of the court. At this hearing, CPS must prove by a preponderance of the evidence (more likely than not) that the child has been abused or is at substantial risk of abuse.

Example of a WIC 300(a) Case

An example might be a situation where a child has been hospitalized with injuries that suggest physical abuse (such as bruises or broken bones), and the parent or caregiver has a history of violence. The court could find that the child is at risk of harm if returned to that home, leading to a finding of dependency under WIC 300(a).

How Shaw 3 Law Firm Can Help

If you are facing a CPS case under WIC 300(a), it is essential to have experienced legal representation. Shaw 3 Law Firm can provide the legal defense you need, ensuring that you understand the charges, help you navigate the complexities of the case, and work to protect your parental rights. Our attorneys are skilled in challenging allegations of abuse and working towards the best possible outcome for you and your child.

Check out some of our Success Stories handling CPS.