Dependency proceedings begin with the filing of a petition under Welf & I C §§311 & 332. It also is commonly referred to as a 300 petition. The petition cannot just cite bad behaviour or drug abuse or mental illness. There must be a nexus between Nevertheless, the alleged parental deficiency and the risk of harm, to justify removal of the child by the court.
The department will bear the burden of proof at the first hearing known as detention. Under Welf & I C §300 there needs to only be a finding that one parent is offending. A finding of both parents is not necessary for meeting the burden of proof.
Pursuant to Cal Rules of Ct 5.520(a)), the juvenile court cannot file its own 300 petition citing that a child comes within the juvenile court's dependency jurisdiction. Only a designated social worker who is a part of the department may do so.
The department will bear the burden of proof at the first hearing known as detention. Under Welf & I C §300 there needs to only be a finding that one parent is offending. A finding of both parents is not necessary for meeting the burden of proof.
Pursuant to Cal Rules of Ct 5.520(a)), the juvenile court cannot file its own 300 petition citing that a child comes within the juvenile court's dependency jurisdiction. Only a designated social worker who is a part of the department may do so.
The basic pleading device in a dependency case is a petition. In re Jessica C. (2001) 93 CA4th 1027, 1035. It may be an original petition (Welf & I C §332), a subsequent petition when "new facts or circumstances" bring an already dependent child within a different Welf & I C §300 provision than alleged in the original petition (Welf & I C §342), or a supplemental petition when the facts indicate that a previous disposition is inappropriate or ineffective in rehabilitating or protecting the child, or that the placement is inappropriate in view of the criteria in Welf & I C §361.3. Welf & I C §387. See In re D.D. (2019) 32 CA5th 985, 989; In re Jessica C., supra.
Required information. Welfare and Institutions Code §332(f) governs the substantive requirements for the preparation of a dependency petition. By statute, a dependency petition must include the following information (Welf & I C §332): The name of the court (Welf & I C §332(a)); The title of the proceeding (Welf & I C §332(b)); The code section and subdivision under which the proceedings are brought (Welf & I C §332(c)); The child's name, age, and address; if it is known or there is reason to know the child is an Indian child, the petition shall also include the last known address of the child (Welf & I C §332(d)); The names and residence addresses, if known, of all parents, any guardian of the child and any Indian custodian (Welf & I C §332(e)); NOTE: If the petitioner knows that one parent is a domestic violence victim living separately from the batterer-parent, the victim-parent's address must remain confidential. Welf & I C §332(e). A concise separate statement of facts to support the conclusion that the child is a person within the definition of each section and subdivision under which the proceedings are brought (Welf & I C §332(f)); A statement whether the child is detained in custody, and if so, the date and precise time the child was taken into custody (Welf & I C §332(g)); and Notice to the father, mother, spouse, or other person liable for the child's support that such person or persons are financially liable for the county's cost of the (Welf & I C §332(h)) Child's care, support, and maintenance (see Welf & I C §903); Legal services rendered to the child or the parent (see Welf & I C §903.1); and Social worker's supervision of the child because of a juvenile court order (see Welf & I C §903.2).
Required information. Welfare and Institutions Code §332(f) governs the substantive requirements for the preparation of a dependency petition. By statute, a dependency petition must include the following information (Welf & I C §332): The name of the court (Welf & I C §332(a)); The title of the proceeding (Welf & I C §332(b)); The code section and subdivision under which the proceedings are brought (Welf & I C §332(c)); The child's name, age, and address; if it is known or there is reason to know the child is an Indian child, the petition shall also include the last known address of the child (Welf & I C §332(d)); The names and residence addresses, if known, of all parents, any guardian of the child and any Indian custodian (Welf & I C §332(e)); NOTE: If the petitioner knows that one parent is a domestic violence victim living separately from the batterer-parent, the victim-parent's address must remain confidential. Welf & I C §332(e). A concise separate statement of facts to support the conclusion that the child is a person within the definition of each section and subdivision under which the proceedings are brought (Welf & I C §332(f)); A statement whether the child is detained in custody, and if so, the date and precise time the child was taken into custody (Welf & I C §332(g)); and Notice to the father, mother, spouse, or other person liable for the child's support that such person or persons are financially liable for the county's cost of the (Welf & I C §332(h)) Child's care, support, and maintenance (see Welf & I C §903); Legal services rendered to the child or the parent (see Welf & I C §903.1); and Social worker's supervision of the child because of a juvenile court order (see Welf & I C §903.2).