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The Jurisdiction and Disposition Hearings at 860 East Gilbert Street
After the detention hearing, San Bernardino County dependency cases move to two connected hearings at the Juvenile Dependency Court at 860 East Gilbert Street: jurisdiction and disposition. They are often heard on the same day, but they decide very different questions.
Jurisdiction: is the petition true?
At the jurisdiction hearing, CFS must prove by a preponderance of the evidence that your child comes within Welfare and Institutions Code section 300 (WIC 355). The judge looks at the specific allegations, such as failure to protect, substance abuse or physical abuse, and whether they show a substantial risk of serious harm now, not just in the past.
Timing
If your child was detained, the jurisdiction hearing generally must be held within 15 court days. If your child is home, within 30 days of the petition (WIC 334). Continuances happen, but the deadlines shape how quickly evidence must be gathered.
Disposition: what happens next?
If the petition is sustained, the court decides custody and services. To remove a child from a parent at disposition, the court must find by clear and convincing evidence that there is a substantial danger to the child and no reasonable means to protect the child without removal (WIC 361(c)). That is a higher standard than jurisdiction.
Possible outcomes
- Dismissal of some or all counts
- Informal supervision under WIC 360(b)
- Your child returned or kept home with family maintenance services
- Placement with the other parent under WIC 361.2
- Removal with reunification services and a visitation order
How parents improve the result
- Challenge overcharged counts or negotiate amended language
- Present evidence the risk has been addressed, such as treatment, separation from an abuser or a new home
- Bring witnesses who know your parenting
- Propose a concrete safety plan that makes removal unnecessary
Talk to a San Bernardino dependency attorney
ALL Trial Lawyers represents parents at jurisdiction and disposition hearings at 860 East Gilbert Street. Call 866-811-4255.
About the author: Mohammad Abuershaid is the founding attorney of ALL Trial Lawyers. He is a top-rated juvenile dependency attorney and has received numerous awards recognizing him as one of the best attorneys in San Bernardino.
This article is general information, not legal advice. Every case depends on its facts.
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