Jurisdiction Hearing in San Bernardino CPS

What is a Jurisdiction Hearing in a CPS Case in California?

A Jurisdiction Hearing in San Bernardino CPS is a critical event in a California Child Protective Services (CPS) case. It determines whether the court has authority over a child and whether allegations of abuse, neglect, or unsafe living conditions are substantiated. This hearing is held after CPS has filed a petition to the court, typically under Welfare and Institutions Code (WIC) Section 300.

The Jurisdiction Hearing in San Bernardino CPS is important because it sets the stage for the future of the case, including decisions about custody, family reunification services, and further court involvement. At this stage, the court decides whether the child is a dependent of the court based on the allegations made by CPS.

Legal Burden of Proof in a Jurisdiction Hearing

In a Jurisdiction Hearing in San Bernardino CPS, CPS must prove by a preponderance of the evidence that the child is at risk of harm. This means the court must find it is more likely than not that one or more allegations are true. If CPS fails to meet this burden of proof, the case may be dismissed, and the child may not be adjudicated as a dependent.

Types of Allegations Leading to Jurisdiction Hearing in San Bernardino CPS Under WIC 300

Under WIC 300, there are several types of allegations that can lead to a jurisdiction hearing. These include:

1. Abuse (WIC 300(a))
   Allegations of Serious Physical Harm. The child is at risk due to the caregiver’s actions or failure to protect the child.
2. Neglect (WIC 300(b))
   Failure to provide adequate care, supervision, or medical treatment. This includes neglect due to substance abuse or mental health issues.
3. Severe Emotional Damage (WIC 300(c))
   If the child suffers from severe emotional damage due to abuse or neglect, it can lead to a jurisdiction finding.
4. Sexual Abuse (WIC 300(d))
   Allegations of sexual abuse or exploitation by a parent or caregiver.
5. Severe Physical Abuse of Child under 5 (WIC 300(e))
   If the child is severally physically abuse and is under 5.
6. Death of another child (WIC 300(f))
   If the there was a death of another child.
7. Parent is unable or unwilling to care for the child (WIC 300(g))
   If the parent or guardian is unable or unwilling to care for the child, the child may be deemed dependent.
8. Cruelty (WIC 300(i))
   If the child is subject to acts of cruelty.

How Shaw 3 Law Firm Can Help

At Shaw 3 Law Firm, we understand how overwhelming a CPS case can be for families. Our experienced attorneys are dedicated to protecting your rights and ensuring the best possible outcome for your child. Here’s how we can assist:

• Expert Legal Representation: We offer strong legal defense at every stage of the CPS process, including the jurisdiction hearing.
• Challenge Allegations: If CPS has filed a petition against you, we can help challenge the evidence and ensure that CPS meets its burden of proof.
• Navigating WIC 300: We understand the nuances of the different WIC 300 allegations and can guide you through each one, working to minimize the impact on your family.
• Protecting Your Parental Rights: We work to ensure that your parental rights are protected and that any decisions made by the court are in the best interest of your child.
• Family Reunification: If the child is placed in foster care, we can help you work toward reunification and compliance with court-ordered services.

If you are facing a Jurisdiction Hearing in San Bernardino CPS in California, contact Shaw 3 Law Firm today. Shaw 3 Law Firm also handles cases in Riverside County, Los Angeles County and Orange County. Our attorneys are here to provide the legal guidance you need to protect your family.