Cal. Supreme Court Says 'No-Fault" Parents Can Lose Custody

The California Supreme Court said dependency judges may take children away from parents who cannot supervise or protect their children -- even if the parents are not to blame.

Settling a split of authority in In re. R.T., the court ruled the state's Welfare and Institutions Code authorizes dependency jurisdiction without a finding that a parent is at fault or blameworthy for a failure or inability to supervise or protect a child.

"When that child's behavior places her at substantial risk of serious physical harm, and a parent is unable to protect or supervise that child, the juvenile court's assertion of jurisdiction is authorized under section 300(b)(1)," Justice Goodwin Liu wrote in a concurring opinion to invite the Legislature to revisit the issue.