Calif. High Court Rules Parents Trying To Control Kids Can Lose Custody

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Publish Date:
July 21, 2017
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SF Gate (AP)
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Summary

The state can take wayward children away from their parents even when they are doing their best to control their kids and the kids aren’t delinquents, the California Supreme Court ruled Thursday.

A unanimous court said it doesn’t matter whether parents are neglectful or in some way to blame for failing to protect their children. If children face substantial risk of harm, the state can assume custody of them, the high court said.

The law is often invoked in cases where a parent is abusing or neglecting a child. It can also apply to cases in which a parent becomes homeless or is mentally incapacitated, said Michael Wald, an expert in child welfare law at Stanford Law School.

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