What happens at a 388 hearing?
A 388 petition is typically brought to request a hearing to modify, change, or set aside a previous court order, or to terminate juvenile court jurisdiction, on the ground that there are changed circumstances or new evidence. Any change or modification of a previous order may be sought by a 388 petition.
What is a WIC 388?
WIC Section 388 (a): Any parent or other person having an interest in a child who is a dependent child of the juvenile court, or the child him/herself may petition the court for a hearing to change, modify, or set aside any order of court previously made.
At which type of hearing can reunification services be terminated?
If the court has ordered a hearing to be set pursuant to Welfare and Institutions Code § 366.26 (also referred to as “. 26 hearing”), that order usually also terminates or denies reunification services and is considered a final order.
What is a 387 petition?
A petition filed under Welfare and Institutions Code (WIC) 387 is a supplemental petition that: • requests that a dependent child be moved from their current placement into a higher placement level. • alleges that the prior placement has not been effective in the rehabilitation or protection of the child.
How do I file a jv180?
If you choose to file the form in person: Take the original JV-180 form (plus 8 copies) to the court clerk’s office at the courthouse where the hearing will be held. You are required to serve the parties with a copy of your JV-180 form so they all have notice you have filed it.
What is a 385 petition?
Welfare and Institutions Code Section (WIC) 385 A CSW is required to remove a child from the care of his/her parent(s) when the court’s pre-disposition order fails to adequately protect the child and the child requires a more restrictive placement.
What are the three permanent plans a judge decides is best for the child during the .26 hearing?
At the . 26 hearing, the court will choose as a permanent plan: Adoption or customary tribal adoption; • Legal guardianship; or • A long-term planned permanent living arrangement (foster care). Adoption is always the first choice.
What is a 342 petition?
WIC 342 Petitions A WIC 342 petition is filed when new facts or circumstances are alleged other than those under which the original (WIC 300) petition was sustained, sufficient to state that the child is a person described in Section 300 based on the new facts and circumstances.
What is a 366.26 hearing in California?
WIC 366.26 Hearings The WIC Section 366.26 hearing report identifies and implements a permanent plan for a dependent child of the juvenile court and a nondependent minor. The WIC section 366.26 hearing is ordered by the court to: Terminate parental rights.
How do I petition the court?
Most states have sample petition forms that you can fill in online. If your state does not have forms available online, you may be able to get the forms by asking the court clerk in the courthouse where you want to file your petition.
What is a JV 100?
JV-100 Juvenile Dependency Petition (Version One)
What does subsequent petition mean?
Subsequent petition means post-conviction petition filed after expiration of applicable limitation period of this section.
What is a 364 hearing?
WIC Section 364 – States, in pertinent part, every hearing in which a child is placed under the supervision of the juvenile court and in which the child is not removed from the physical custody of his/her parent/legal guardian will be continued to a specific future date not to exceed six (6) months after the date of …
How do I get a CPS case dismissed in California?
If from the onset, the allegations in the complaint do not actually constitute abuse or neglect, then it may be dismissed, upon motion, on the grounds that the complaint fails to state a cause of action. This dismissal must be granted by the court. Conduct your own investigation.
What is a 366 petition?
GC-366 PETITION FOR ORDERS ACCEPTING TRANSFER (California Conservatorship Jurisdiction Act)
What does it mean to petition the judge?
A petition is the initial document filed in a civil case that officially opens the case and asks the court for relief. The petition must contain the names of the parties to the action and explain to the judge what the plaintiff — the person filing the petition — is asking the court to do.
What do I need to know about my 388 petition?
In your 388 petition, you will need to explain AND prove to the judge (with documents, actions, and evidence) that:
Can a parent force a court to consider a reunification issue?
Even after reunification services are terminated, a 388 petition permits parents to force the court to consider the reunification issue with the additional new information.
What is a 388 EFC re entry hearing?
WIC 388 (e) EFC Re-Entry Hearing Reports When the court reviews the WIC 388 (e) EFC Re-Entry Petition and determines that a prima facie showing has been made, a court date will be set. The court will order DCFS to prepare a WIC 388 (e) EFC Re-Entry Hearing Report.
When to file a jv-180 request to change a court order?
You should file a form called the JV-180 Request to Change Court Order for important issues that need to be addressed immediately. Specifically, the JV-180 is appropriate when: An immediate hearing is required Circumstances have changed or there is new evidence that you can offer to the judge