Welfare and Institutions Code (WIC)
The child has been left without any provision for support, OR
The child’s parent has been incarcerated or institutionalized and cannot arrange for the care of the child, OR
A relative or other adult custodian with whom the child resides or has been left is unwilling or unable to provide care or support for the child, OR
The whereabouts of the parent are unknown, and reasonable efforts to locate the parent have been unsuccessful.
What is WIC 300(g) Left without Provision for Support/Caregiver Absence
Any single act of abuse that if left untreated would cause permanent physical disfigurement, permanent physical disability or death, or
Any single act of sexual abuse that causes significant bleeding, deep bruising or swelling, or
More than one act, each of which causes bleeding, deep bruising, swelling, bone fracture or unconsciousness, or
Willful, prolonged failure to provide adequate food;
Caused by a parent OR any person known by the parent, if the parent knew or reasonably should have known that the person was abusing the child.
What is WIC 300(e)- Severe Physical Abuse
After investigating, SW determined that the report was false, inherently improbable, involves only accidental injury or does not constitute child abuse.
What is an unfounded referral disposition
10 days, 24 hours, or 1 hour
What are the required response times for a face to face contact in an Emergency Response Investigation?
Serious Physical Harm OR Substantial Risk of Serious Physical Harm which was
Inflicted Non-accidentally
By a Parent or Legal Guardian
AND Does NOT include: “age-appropriate spanking to the buttocks” with no evidence of serious physical injury
What is WIC 300(a) Physical Abuse
Sibling has been Abused or Neglected
As defined in WIC 300(a) Physical abuse, WIC 300(b) Neglect/failure to protect, WIC 300(d) Sexual abuse, WIC 300(e) Severe abuse of a child under five, or WIC 300(i) Cruelty
AND
Substantial Risk that the Child will be abused or neglected under those subdivisions.
What is WIC 300(j)- At Risk Sibling Abused
After investigating, SW still has insufficient evidence to determine whether abuse or neglect occurred.
What is the referral disposition of insufficient?
These are the contact requirements for the first 21 calendar days of an investigation
Serious Physical Harm/Illness OR Substantial Risk of Serious Physical Harm/Illness
Due to one or more of these:
Failure or inability of the parent to supervise or protect
Failure of the parent to protect the child adequately from the conduct of a custodian with whom the child has been left. (willful or negligent)
Failure of the parent to provide adequate food, clothing, shelter or medical treatment (willful or negligent)
Inability of the parent to provide regular care due to mental illness, developmental disability or substance abuse
What is WIC 300(b)(1) Failure to Protect
The child’s parent or legal guardian caused the death of another child through abuse or neglect.
What is WIC 300(f) Death of Another Child
After investigating, SW has found credible evidence that makes it makes it more likely than not that child abuse occurred.
What is the referral disposition substantiated?
What is a minimum of 1 time per month
Sexual abuse OR substantial risk of sexual abuse by:
A parent or legal guardian OR
A member of their household OR
Someone else, and the parent or legal guardian failed to adequately protect the child
AND knew or reasonably should have known the child was in danger of sexual abuse.
What is WIC 300(d)- Sexual Abuse
Where parent is withholding medical treatment in accordance with tenets of a recognized church or religious denomination, the court can take jurisdiction to protect the child from suffering serious physical harm or illness.
The court can take jurisdiction over a commercially sexually exploited child whose parents have failed to, or been unable to, protect the child.
What are other circumstances where a child may fall under WIC 300(b)?
When an allegation of physical abuse (willful harming or unlawful corporal punishment/injury), sexual abuse/exploitation, mental/emotional abuse, or severe neglect, is substantiated this must occur.
The allowable frequency monthly contacts may take place outside of the home/placement.
What is 50% and no more than two consecutive contacts outside of the home or placement.
Serious emotional damage evidenced by severe anxiety, depression, withdrawal, or untoward aggressive behavior towards self or others
OR Substantial risk of serious emotional damage,
EITHER:
Due to the conduct of the parent or legal guardian OR
2. There is no parent or guardian capable of providing appropriate care.
What is WIC 300(c) Emotional Abuse?
The difference between WIC and CANRA
CANRA governs the reporting and investigation of allegations of child abuse and neglect, whereas WIC forms the legal bases on which the Dependency Court may assume jurisdiction of a child
Total of 3 investigations for investigations up to 30 days, then one time monthly contact every 30 days thereafter.