388 Petition Form – Key Details and Filing Facts

The 388 Petition, governed by Welfare and Institutions Code (WIC) Section 388, allows parents, guardians, or other interested parties to ask a juvenile dependency court to modify or terminate an existing court order. To succeed, you must demonstrate either a change of circumstances since the last order or present new evidence that was not available before.

When you file a JV-388, you submit the petition to the Juvenile Dependency Clerk's Office along with supporting documentation. The court then schedules a 388 hearing, where a judge or commissioner reviews your evidence. You must show that the proposed change serves the best interest of the child. This is the primary legal standard applied in California juvenile dependency cases.

Common reasons for filing include completed sobriety or parenting programs, changed living situations, or new evidence of the child's needs. Related court forms include the JV-180 Notification of Mailing Address and the California JV-445. Local Superior Courts also offer self-help resources to guide you through the filing process.

QuestionAnswer
Form Name388 Petition Form
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Legal basisWelfare and Institutions Code Section 388
Filing locationJuvenile Dependency Clerk's Office
Who can fileParents, guardians, or interested parties
Other names388 petition los angeles county, 388 hearing, jv 388 petition form, 388 petition

How to Edit 388 Petition Form Online for Free

How to Fill Out and File the 388 Petition Form

Follow these steps to complete JV-388 and present your request to the juvenile dependency court.

Step 1: Gather Your Supporting Evidence

Before filling out the form, collect documents that prove your changed circumstances or new evidence. Examples include program completion certificates, employer letters, housing records, or statements from service providers.

Step 2: Complete the JV-388 Form

Enter your name, the child's name and case number, the specific order you want changed, and your reasons. Be specific about what changed, when it changed, and why the modification serves the child's best interest.

Step 3: File at the Clerk's Office

Bring the original plus at least two copies to the Juvenile Dependency Clerk's Office. File before the next scheduled hearing date. If you also need to update your address, submit a JV-180 form at the same time.

Step 4: Attend the 388 Hearing

The court will schedule a hearing to review your petition. Present your evidence to the judge or commissioner, who will decide whether the proposed change is in the best interest of the dependent child. Bring all supporting documents and be prepared to answer questions.