Court Holds That A Parent with A “Drug Problem” Can Retain Custody of Their Child If They Provide Adequate Care To Their Child – Welfare and Institutions Code Section 300(b)

If you find yourself accused of substance abuse and are facing a child dependency case per Welfare and Institutions Code 300, then you likely will need our law firm’s help. When a child dependency case is filed against you it means that your child or children may be taken from you and you could lose legal custody of them.  It is essential that you have our law firm fighting for your custody rights so those rights are not taken away from you by the State of California.

If you are willing to demonstrate your commitment to change and to prioritizing your child’s well-being, it can make a significant difference in the outcome of your child dependency case. Navigating the complexities of child welfare laws can be daunting, especially when you are personally involved. 

Our experienced child dependency attorneys can guide you through the legal process. Call Wallin & Klarich today toll-free at (877) 466-5245 for your free consultation with one of our experienced child dependency attorneys.

What is Welfare and Institutions Code Section 300(b)?

Welfare and Institutions Code Section 300(b) addresses situations where a child has suffered or is at substantial risk of suffering serious physical harm or illness due to the failure or inability of the parent or guardian to adequately supervise or protect the child. This can also include the parent’s or guardian’s failure to provide the child with adequate food, clothing, shelter, and/or medical treatment.

Key Elements of Section 300(b)

It’s essential to know the critical elements that define Section 300(b). These elements help in understanding what constitutes a valid claim under this law.

• Failure to Protect: This involves scenarios where the parent or guardian did not take necessary steps to prevent harm to the child.
• Neglect: Situations where basic needs such as food, shelter, and medical care are not provided.
• Risk of Harm: Instances where the child is in a hazardous situation due to the parent or guardian’s actions or inactions.

Understanding this section is crucial for anyone accused under it. Decisions made under Section 300(b) can lead to the removal of a child from their home, affecting both the child and the family profoundly.

In Re B.D.

In a recent California case, a mother (the defendant) and her newborn tested positive for opiates. As a result, the Department of Children and Family Services (DCFS) launched an investigation to determine whether her kids were at risk of serious physical harm due to parental substance abuse. 

Despite finding that the mother’s firstborn and recent newborn were in good care, the DCFS filed a petition for dependency jurisdiction using Section 300(b). The Department claimed that according to the Welfare and Institutions Code Section 300(b), the mother’s history with drug abuse made her incapable of providing sufficient care to her children. 

The trial court agreed with the Department of Children Services and sustained the petition under Section 300(b) of the Welfare and Institutions Code. The mother appealed the trial court’s decision. Her appeal was successful as the Court of Appeals held that  there was no indication that she was not capable of providing  adequate care to her children. The Court of Appeals decided that the Department of Children’s Services did not meet his burden of proof and the court ordered the children returned to their mother and the case was dismissed.

If you are facing the loss of your children because a petition has been filed against you and/or your spouse claiming that you are not able to adequately protect them, you need to seek out Wallin & Klarich immediately. You have legal rights, and those rights must be aggressively defended. For most people, nothing is more important in their life than their children.

Key Defenses Under Section 300(b)

Defending yourself against accusations under Section 300(b) requires a well-thought-out strategy by a skilled child dependency attorney. Here are some key defenses used in such cases.

Lack of Evidence

One of the most straightforward defenses is arguing that there is insufficient evidence to support the accusations. This involves scrutinizing the evidence presented by Child Protective Services (CPS) and highlighting inconsistencies or gaps.

Reasonable Efforts

Your Wallin & Klarich child dependency attorney can argue that you made reasonable efforts to protect and provide for your child. This defense involves presenting evidence of your attempts to ensure the child’s welfare.

The Role of CPS in Section 300(b) Cases

Understanding the role of CPS is crucial for navigating a Section 300(b) case effectively.

CPS Investigations

CPS is responsible for investigating claims of child abuse or neglect. Their primary goal is to ensure the child’s safety, which sometimes involves removing the child from their home.

CPS Recommendations

Based on their investigation, CPS will make recommendations to the court. These recommendations can range from family counseling to the removal of the child or children from the home of their parent(s). If this happens, it could lead to termination of the parent’s legal custody of the child or children.

Working with CPS

While it might feel adversarial, working cooperatively with CPS can sometimes yield better outcomes. Being open and cooperative can demonstrate your commitment to resolving the issues at hand. However, you should never speak to a social worker about the case without first speaking to one of the experienced Wallin & Klarich child dependency lawyers who will inform you of all of your legal rights. Anything you tell a social worker can end up being used against you in a court hearing regarding custody of your child or children.

Contact Wallin & Klarich Today

If you believe that your child or children may be taken from you by the State of California you will want to consult with an experienced child dependency lawyer who can answer all of your questions. Going to court without a lawyer is never a wise decision if your goal is for the court to rule in your favor in a child dependency matter. Our law firm, Wallin & Klarich, has over 40+ years of experience with helping thousands of clients preserve legal custody of their children. 

We offer a free consultation. Our legal fees are reasonable and in most cases, we offer a convenient payment plan. People facing child dependency cases often ask themselves where they can find an experienced child dependency lawyer nearby. Wallin and Klarich is ready to assist with offices in Irvine, Tustin, Pasadena, Riverside, San Bernardino, San Diego, Torrance, Victorville, West Covina, and Anaheim.

Discover how our team can assist you. Contact us today, toll-free at (877) 466-5245 for a free consultation with one of our skilled child dependency lawyers.