J.N., In re (2021) B308879 B308879; filed 4/2/21. ![[Files/CaseFiles/B308879.PDF]] [Opinion PDF](https://www.courts.ca.gov/opinions/archive/B308879.PDF) ## Rule excerpts Welfare and Institutions Code section 300(b): a nexus between the criminal history and a specific current risk to the child was not established on this record. Second excerpt is footnote 3, quoting In re S.D. (2002) 99 Cal.App.4th 1068, 1077, with the exceptions retained. > Although it is possible that evidence of a parent’s violent criminal record could support a reasonable inference of risk to the parent’s child, the evidence in this record does not. — J.N., In re (2021) B308879, slip op., p. 8. > The mere fact of a parent’s incarceration is not sufficient evidence to provide a basis for a juvenile court’s assertion of jurisdiction. (In re S. D. (2002) 99 Cal.App.4th 1068, 1077 [“[t]here is no ‘Go to jail, lose your child’ rule in California”].) Under certain circumstances, an incarcerated parent’s failure to ensure that a child is protected from an abusive situation of which the incarcerated parent knew or should have known, and/or a parent’s inability to make proper arrangements for the care of a child during the parent’s incarceration, may provide a basis for jurisdiction. (See In re James C. (2002) 104 Cal.App.4th 470, 483–484; see also § 300, subd. (g).) Neither such situation is alleged in the petition or reflected in the record in this case. — J.N., In re (2021) B308879, slip op., p. 8.