Imagine facing a situation where you feel the need to change an existing court order concerning the custody or visitation of your child in a juvenile dependency case, but you're not sure where to start. This is where the 388 Petition comes into play. It is designed for parents, dependent children (with a guardian), or others with an interest in the child’s well-being who have experienced a significant change in circumstances or have new evidence to present to the court. Originating from Welfare and Institutions Code 388, this petition allows individuals to request the juvenile court to modify its previous orders or to terminate its jurisdiction—essentially, giving a legal pathway to revisit decisions made in the best interest of the dependent child. The process involves completing specific forms, making copies, and submitting them to the Juvenile Dependency Clerk’s Office. This process might seem daunting at first, especially to those unfamiliar with legal procedures. However, assistance is available through self-help centers, legal representatives, and resources provided by the Superior Court of Santa Clara County. The outcome, whether it's a modification or a termination, hinges on the judge's or commissioner's review of the presented evidence and circumstances. This introduction aims to shed light on the significant aspects of filing a 388 Petition, guiding those in need through their rights and the procedural steps to potentially reshape the life of a dependent child for the better.
| Question | Answer |
|---|---|
| Form Name | 388 Petition Form |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | 388 petition los angeles county, 388 hearing, jv 388 petition form, 388 petition |
Do You Want to File a 388 Petition for Modification in Juvenile Dependency Court?
HOW TO:
File a 388 Petition to change custody and
visitation orders in a juvenile
dependency case.
WHEN TO USE:
You want to change a court order in a juvenile
dependency court case (new or old).
You are the parent of the child, the dependent child
of the juvenile court (with a guardian) or other
person having an interest in the child.
Circumstances have changed since the last order
was made or there is new evidence you want to
present to the court.
Note: If an attorney represented you in court,
contact them first to see if they can help you.
Superior Court, County of Santa Clara
99 Notre Dame Avenue
San Jose, CA 95113
408.882.2900 ext 6
www.scselfservice.org |
www.sccsuperiorcourt.org |
www.courtinfo.ca.gov/selfhelp |
Santa Clara County |
Santa Clara County |
State of California |
General website |
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DRAFT |
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7/17/02 |
Under Welfare and Institutions Code 388, any parent of a dependent child, a dependent child of the juvenile court (with the assistance of an appointed guardian), or other person having interest in a dependent child of the juvenile court may file a 388 petition when there is a change of circumstance or there is new evidence in their case. These instructions and samples show you how to petition the juvenile court to change any order of court previously made, or terminate the jurisdiction of the court. This is similar to the action in which the child was found to be a dependent of the juvenile court.
HOW TO FILE YOUR PAPERS:
Follow these easy steps in order from 1 to 3. All filing of papers and court appearances take place at Superior Court, 115 Terraine Street, San Jose, CA 95110 (see map), 408-
1.Complete the attached Juvenile Dependency Petition
Note: You must state your relationship to, or interest in, the child and include all supporting information regarding any change of circumstance or new evidence. This information is required in order to file a 388 petition.
2.Make one copy of each form. The original is for the court and the copy is for you.
3.Go to the Juvenile Dependency Clerk’s Office to submit the forms. The clerk’s office will “receive” stamp the original and return the copy to you. If you are unable to come to the clerk’s office in person you may mail these forms to the address listed above.
WHAT’S NEXT: The original forms are sent up to the assigned Judge or Commissioner. He or she will either grant, deny or set the matter for hearing. You will be notified by mail about the Dependency Court’s decision.
For more help, visit the Court’s