General Neglect in San Bernardino CPS

WIC 300(b) or General Neglect in San Bernardino CPS is another important section of the California Welfare and Institutions Code that addresses neglect in Child Protective Services (CPS) cases. Under WIC 300(b), a child may be found to be a dependent of the court if they are suffering serious physical harm or risk of serious harm due to neglect by a parent or guardian.

What Does WIC 300(b) Cover?

General Neglect in San Bernardino CPS and/or WIC 300(b) specifically focuses on situations where a child’s safety and well-being are jeopardized due to a lack of care or supervision by the parent or caregiver. It applies when the child’s parent or guardian is unable or unwilling to provide the necessary care, supervision, or protection, leading to risk or harm. This can involve neglect that arises from various issues, including substance abuse, mental health problems, inadequate housing, or failure to provide basic needs.

Key things of WIC 300(b): General Neglect in San Bernardino CPS

1. Neglect or Failure to Protect: Under WIC 300(b), neglect occurs when a parent or guardian fails to provide adequate care, supervision, or protection. This includes:
   • Not providing adequate food, shelter, or medical care.
   • Failing to protect the child from harm.
   • Failing to supervise the child in a way that puts them at risk.
2. Substantial Risk of Harm: A child may be adjudicated as a dependent of the court if there is evidence that they are at substantial risk of harm due to their parent’s or guardian’s inability to care for them properly.
3. Parental Unfitness or Inability: The parent or guardian must be proven to be unable or unwilling to provide the necessary care and protection, which may be due to factors such as substance abuse, mental illness, incarceration, or other situations that make it difficult for the parent to meet the child’s needs.

Common Situations Under WIC 300(b)

• Substance Abuse: If a parent has a history of substance abuse (e.g., alcohol or drug addiction) and is unable to care for their child due to impaired judgment or behavior, CPS may step in under WIC 300(b). The child may be at risk due to neglect or inability to meet basic needs.
• Mental Health Issues: If a parent has untreated mental health issues, such as depression or bipolar disorder, and these issues prevent them from properly caring for their child, the court may find that the child is at risk under WIC 300(b).
• Failure to Supervise: If a child is left alone or is not adequately supervised, leading to harm or risk of harm, CPS may intervene. For example, leaving a young child unsupervised in a dangerous environment or allowing them to engage in unsafe activities can lead to a finding under WIC 300(b).
• Inadequate Living Conditions: If a child is living in unsanitary, unsafe, or otherwise unsuitable conditions (e.g., without heat, electricity, or access to medical care), the court may determine that the child is at risk under WIC 300(b).

Legal Process Under WIC 300(b): General Neglect in San Bernardino CPS

When CPS files a petition under WIC 300(b), General Neglect in San Bernardino CPS, the jurisdiction hearing is held to determine whether the child is at risk of harm or neglect. In this hearing, CPS must prove by a preponderance of the evidence (meaning it’s more likely than not) that the child is in danger or at risk due to the parent’s neglect or inability to provide care.

If the court finds that the child is at risk, it may declare the child a dependent of the court and may place the child with another family member or in foster care. The court will also order services aimed at helping the parent or guardian address the issues that led to the neglect.

Example of WIC 300(b) Case

An example of a General Neglect in San Bernardino CPS or WIC 300(b) case might involve a parent who has a substance abuse problem. If the parent is frequently intoxicated and unable to properly care for their child, CPS might intervene and file a petition under WIC 300(b). If the court finds that the child is at risk of harm due to the parent’s substance abuse, the child may be declared a dependent and placed in foster care or with a relative while the parent works to address their issues.

How Shaw 3 Law Firm Can Help

If you are facing a CPS case under WIC 300(b), and/or General Neglect in San Bernardino CPS , Shaw 3 Law Firm can provide the legal expertise and support you need. Our attorneys are experienced in defending families in CPS cases and protecting parental rights. We can help you:

• Challenge Allegations of Neglect: If CPS is alleging neglect or failure to protect, we can work to challenge the evidence and ensure that you are treated fairly.
• Provide Legal Guidance: We’ll help you understand the legal process and your options for resolving the case, including any steps you can take to reunite with your child.
• Access Support Services: We can assist you in accessing services (such as counseling, substance abuse treatment, or parenting classes) to address any issues that may be affecting your ability to care for your child.

If you are involved in a CPS case under WIC 300(b), don’t navigate the process alone. Shaw 3 Law Firm is here to help you protect your family and your rights.

See some of our recent Success Stories with clients dealing with CPS.