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When Child Protective Services initiates an investigation or files a juvenile dependency petition, parents face immediate and serious threats to their fundamental rights. Juvenile dependency cases are governed by Welfare and Institutions Code section 300, which authorizes the court to intervene only under specific and narrowly defined legal standards. Whether a child remains with their family or is removed depends heavily on skilled legal advocacy at the earliest stages of the case.
Mohammad “Mo” Abuershaid is considered a leading Dependency Law Expert and a trusted CPS defense and juvenile dependency attorney serving families throughout Southern California. His practice is devoted to defending parents and guardians against CPS allegations and preventing unnecessary court intervention whenever the law allows.
A juvenile court may adjudge a child to be a dependent of the court only if the county proves, by a preponderance of the evidence, that one of the statutory grounds set forth in Welfare and Institutions Code section 300 is true. Preponderance of the evidence means it is more likely than not that the alleged facts are true. This is the legal threshold CPS must meet at the jurisdictional hearing. See Welf. & Inst. Code § 355; In re Matthew S., 41 Cal. App. 4th 1311, 1318 (1996).
The most commonly alleged subdivisions include the following.
The child has suffered, or there is a substantial risk the child will suffer, serious non accidental physical harm inflicted by a parent or guardian. Common allegations include physical abuse, excessive corporal punishment, or unexplained injuries.
The child has suffered, or is at substantial risk of suffering, serious physical harm or illness due to a parent’s willful or negligent failure to supervise or protect the child or to provide adequate food, clothing, shelter, or medical care. Allegations often involve neglect, substance abuse, domestic violence exposure, or unsafe living conditions.
The child is suffering, or is at substantial risk of suffering, serious emotional damage evidenced by severe anxiety, depression, withdrawal, or aggressive behavior caused by parental conduct. These cases require expert evidence and are frequently over alleged.
The child has been sexually abused or is at substantial risk of sexual abuse by a parent, guardian, or household member, or due to a failure to protect the child from a known abuser.
A child under the age of five has suffered severe physical abuse as a result of a parent’s conduct. This subdivision is limited to extreme cases involving permanent disfigurement, disability, or death.
Each subdivision carries distinct legal elements that CPS must prove. Allegations alone are not sufficient.
To prevent the court from asserting jurisdiction over a child, the defense must challenge both the factual and legal basis of the petition at the jurisdictional hearing. See Welf. & Inst. Code § 355; In re J.N., 181 Cal. App. 4th 1010, 1022 (2010).
Mohammad Abuershaid structures his defense around three critical challenges.
Challenging the Facts
The defense introduces evidence such as witness testimony, medical records, expert opinions, and documentary proof to demonstrate that the alleged incident did not occur, was accidental, or did not occur in the manner described by CPS. Dependency courts must base jurisdiction on evidence, not speculation. See In re R.C., 243 Cal. App. 4th 741, 748 (2016).
Challenging the Existence of a Substantial Risk
For subdivisions such as section 300(a), 300(b), and 300(d), the court must find a substantial risk of serious future harm. Mere possibility or past conduct without current risk is insufficient. The defense may show that any alleged issue has been resolved, services have been completed, or circumstances no longer pose a danger. See In re David M., 134 Cal. App. 4th 822, 829 (2005).
Challenging the Necessity of Court Intervention
Even if a technical violation of section 300 is established, the court must still determine whether the child is in need of the protection of the court. The defense may demonstrate that the family has already engaged in voluntary services, complied with a safety plan, or corrected the alleged concerns without court supervision. See In re Phoenix B., 218 Cal. App. 4th 202, 210 (2013).
Juvenile dependency law is a highly specialized area with accelerated timelines, lower evidentiary thresholds, and irreversible consequences. Parents face the possible loss of custody and, in extreme cases, termination of parental rights, which implicates constitutional protections. See Santosky v. Kramer, 455 U.S. 745, 753 (1982).
Mohammad “Mo” Abuershaid’s practice is dedicated exclusively to CPS defense and juvenile dependency matters. His familiarity with dependency court procedures, social services practices, and evidentiary standards allows him to identify weaknesses in petitions and aggressively protect parental rights.
Families across Southern California rely on Mohammad Abuershaid for strategic, disciplined, and principled representation in CPS and dependency cases. His approach emphasizes early intervention, rigorous factual challenges, and preventing unnecessary government intrusion into the family unit.
For an overview of CPS defense and juvenile dependency law, see
https://alltriallawyers.com/juvenile-dependency-cps/
If you are facing a CPS investigation or juvenile dependency petition, immediate legal representation can be decisive. Mohammad “Mo” Abuershaid stands ready to defend your rights, your family, and your future.
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Mohammad Abuershaid, professionally known as Mo Abuershaid, is the founding partner of ALL Trial Lawyers and one of California’s most trusted authorities in dependency law, juvenile dependency cases, CPS defense, and high stakes CPS cases.