Section 2980 | CALCRIM (Jury Instructions)

AND
2. A reasonable person would have known that acting in that way
would create such a risk.
In other words, a person acts with criminal negligence when the way he
or she acts is so different from the way an ordinarily careful person
would act in the same situation that his or her act amounts to disregard
for human life or indifference to the consequences of that act.]
A minor is a person under 18 years old.
[Under the law, a person becomes one year older as soon as the first
minute of his or her birthday has begun.]
[A parent [or legal guardian] has a duty to exercise reasonable care,
supervision, protection, and control over his or her minor child.]
[A guardian means the legal guardian of a child.]
<A. Dependent Child Defined: Physical Abuse>
[A minor may become a dependent child if his or her parent [or
guardian] has intentionally inflicted serious physical harm on him or her,
or there is a substantial risk that the parent [or guardian] will do so.]
[The manner in which a less serious injury, if any, was inflicted, any
history of repeated infliction of injuries on the child or the child’s
siblings, or a combination of these and other actions by the parent or
guardian may be relevant to whether the child is at substantial risk of
serious physical harm.]
[Serious physical harm does not include reasonable and age-appropriate
spanking of the buttocks when there is no evidence of serious physical
injury.]
<B. Dependent Child Defined: Neglect>
[A minor may become a dependent child if he or she has suffered, or is at
substantial risk of suffering, serious physical harm or illness as a result
of [one of the following]:
[1.] [The failure or inability of his or her parent [or guardian] to
adequately supervise or protect the child(;/.)]
[OR]
[(1/2).] [The willful or negligent failure of his or her parent [or
guardian] to provide the child with adequate food, clothing,
shelter, or medical treatment(;/.)]
[OR]
[(1/2/3).] [The inability of his or her parent [or guardian] to provide
CALCRIM No. 2980
VANDALISM, LOITERING, AND TRESPASS
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regular care for the child due to the parent’s [or guardian’s]
(mental illness[,]/ [or] developmental disability[,]/ [or]
substance abuse).]
[A minor cannot become a dependent child based only on the fact that
there is a lack of emergency shelter for the minor’s family.]
[Deference must be given to a parent’s [or guardian’s] decision to give
medical treatment, nontreatment, or spiritual treatment through prayer
alone in accordance with the tenets and practices of a recognized church
or religious denomination, by one of its accredited practitioners. A minor
cannot be found to be a dependent child unless such a finding is
necessary to protect the minor from suffering serious physical harm or
illness. The following factors may bear on such a determination:
1. The nature of the treatment proposed by the parent [or
guardian];
2. The risks, if any, to the child posed by the course of treatment or
nontreatment proposed by the parent [or