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Part 2 of the course covers jurisdiction through disposition proceedings in dependency cases.

IV. JURISDICTION HEARING

§4.01 Purpose

The purpose of a jurisdiction hearing is to determine whether the child is a person described by WIC §300, which gives the court jurisdiction over the child. [WIC §355(a).] You must determine whether the allegations of abuse or neglect are sustained by a preponderance of the evidence and are legally sufficient to support state intervention on the child’s behalf.

Your court takes jurisdiction over a child, not the parents, under section 300. Jurisdiction over parents is gained when the parents are properly noticed. If the agency wants to obtain an additional basis of jurisdiction over a child, it should file a subsequent petition under WIC §342. [In re Joshua G. (2005) 129 CA4th 189, 202; see Part 1, §2.10[1].]


   
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© 2006 by Judicial Council of California
updated as of January 1, 2012