In Re Nicholas B.

Bill and Kimberly B., the parents of the minor Nicholas B., appeal from the jurisdictional and dispositional orders of the juvenile Court adjudging the minor a dependent child pursuant to Welfare and Institutions Code section 300, subdivision (b), [1] removing the child from their custody and ordering family reunification services. Under subdivision (b) of section 300, it must be proved that there is a substantial risk the child will suffer serious physical harm as a result of his parents' inability to supervise or protect him. The parents contend that the allegations contained in the petition failed to state a basis for jurisdiction under section 300, subdivision (b) and that there was insufficient evidence for the court to assume jurisdiction over the minor. In addition, they challenge the dispositional order and the suspension of visitation. We agree that the allegations in the petition failed to state a basis for jurisdiction under section 300, subdivision (b), in that they do not allege a current substantial risk that the child will suffer serious physical harm as a result of his parents' inability to supervise or protect him. We thus reverse the…