Filing a 388 Petition in Juvenile Dependency Court: A Guide

While it can feel like the juvenile dependency court process is set in stone, there are ways you can influence what happens. If you disagree with the outcome and some of the circumstances have changed, you can file what is known as a 388 petition. To learn more, talk to your juvenile dependency attorney.

Under Welfare and Institutions Code (WIC) 388, any parent or person who has an interest in the child can file something that is known as a JV-190 Request to Change Court Order Form. Also known colloquially as a 399 petition form, a JV-190 Form allows you to request a change to a court order, custody, or visitation because there was a substantial change in circumstances or new evidence.

On the 388 petition form, you can check which one of the following requests you want to make.

• Change a court order.
• Terminate the court’s jurisdiction.
• End reunification services.
• Resume reunification services for six months.
• Have the court recognize your relationship to a sibling.

During a 388 hearing, the judge will hear your 388 case. You can present documentary evidence and witness testimony to demonstrate that the change is warranted. This hearing must happen within 30 days of filing the 388 motion.

After the hearing, the judge can decide to modify a previous order or turn down the individuals’ request. They can also make changes to the parent or guardian’s visitation rights.

In the 388 hearing, you have the burden of proof. It is up to you to demonstrate that the changes are necessary. If you don’t have enough evidence, the judge will deny your motion. Because of how tricky these cases can be to file, it is generally a good idea to seek out juvenile court legal representation in California before you file a 388 petition.

If you want to learn how to win a 388 petition, start by talking to your CPS attorney about what type of evidence you will need and your chances. Ultimately, the main thing that you need to do is demonstrate that your circumstances have changed enough to deserve a change to the court’s original order.

For example, some parents lose custody of their children because of a substance abuse disorder. If they have spent several months in rehab and remained sober, their circumstances may have changed enough to allow the child to come home. During the 388 hearing, your lawyer may present your rehab records, drug tests, and witness testimony to the judge to show how you or your circumstances have changed.

Before the hearing, your attorney will help you get ready. You may be called to testify, so it’s important that you are prepared to answer questions under cross-examination. Similarly, your juvenile dependency lawyer will need to make sure that all of the correct paperwork has been filed.

If parental rights have already been terminated, 388 petitions can be especially challenging. In these instances, there is a rebuttable presumption that foster care is in the child’s best interests because the child needs permanency in their living situation. In order to regain custody, you will need to rebut this presumption through clear evidence that the child’s welfare would be better supported by living with you.

Additionally, it’s important to keep in mind that a 388 petition can only be filed if your child remains in foster care. 388 petitions are generally not filed after an adoption. However, there are specific cases, such as the desire for a sibling relationship, where someone may file a 388 petition following an adoption.

If you are trying to figure out how a 388 petition can help your case, our team of legal experts is here to support your needs. To learn more, give us a call or email today.