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.
| Question | Answer |
|---|---|
| Form Name | 388 Petition Form |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Legal basis | Welfare and Institutions Code Section 388 |
| Filing location | Juvenile Dependency Clerk's Office |
| Who can file | Parents, guardians, or interested parties |
| Other names | 388 petition los angeles county, 388 hearing, jv 388 petition form, 388 petition |