Filing Petitions
0300-301.05 | Revision Date: 8/3/2018

Overview

This policy guide specifies the requirements and procedures for preparing and submitting petitions.

Table of Contents

Version Summary

This policy guide was updated from the 12/09/15 version, to include a new requirement per Juvenile Court that requires County Counsel to review and sign the JV 180 when filing 388 Petitions. Also, instructions for the IDC Petition Filing Tracking System were added.

POLICY

Filing Petitions

In Juvenile Dependency Court, a petition is a request made by DCFS asking the court to intervene in the parent/child and legal guardian/child relationship and place some restrictions on a parent's and legal guardian's rights for the protection of a child.

The filing of the petition document starts the proceedings in Juvenile Court, which will determine whether or not the court will take jurisdiction over a child, or impose further restrictions on the parents of an already dependent child.

If a child is taken into temporary custody either under Welfare and Institutions Code (WIC) Sections 300 or 342 or 387, a petition must be filed within 48 judicial hours of the child's detention, excluding non-court days. The detention hearing must be held by the court the next judicial business day from the date the petition is filed.  During such a hearing, the court determines whether the child shall remain detained.

WIC Section 300 describes the circumstances under which the court may take jurisdiction over a child:

  • 300(a), severe physical harm by a parent or legal guardian
  • 300(b)(1), failure to protect and/or supervise resulting in abuse and/or neglect
  • 300(b)(2), commercially sexually exploited children (CSEC)
  • 300(c), severe emotional abuse
  • 300(d), sexual abuse
  • 300(e), severe physical abuse to a child under the age of 5
  • 300(f), the child's parent caused the death of another child, through abuse or neglect
  • 300(g), no provision for support
  • 300(h), the child has been freed for adoption by one or both parents for 12 months by either relinquishment or termination of parental rights or an adoption petition has not been granted
  • 300(i), cruelty
  • 300(j), abuse of a sibling

Types of Petitions

Detained Petitions

WIC 300, 342 and 387 detained petitions are filed by Intake and Detention Control (IDC).  The petitions must be filed within 48 hours (two court days) of the date and time of removal from the parent, relative or legal guardian or visitation rights have been limited by DCFS.

Non-Detained Petitions

CSWs must consult with their outstation County Counsel to determine the appropriateness of filing a non-detained petition. WIC 300, 342 and 387 non-detained (where there is no issue of immediate risk to the children) petitions are filed by IDC once the regional CSE provides a detention report to IDC.  Non-detained petitions may be filed at any time when the investigation of a petition request or the supervision of a family leads to the conclusion that the safety and protection of a child requires judicial intervention, but the child has not been removed from the custody or any parent or legal guardian.

Non-Detained Petitions Pursuant to WIC 319

This petition is filed when the child remains in the home of a parent/legal guardian at the time of the filing, but DCFS is requesting that the Court order the removal of the child at the Detention Hearing. This is usually done when the Court denies a warrant request for removal of the child, but a denial is not necessary to file.

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.

A WIC 342 petition may also be filed after the adjudication of the petition and at or after the disposition hearing, if the court has ordered that the child be released to the parent(s) and the petitioner (DCFS) has reason to believe that the child is or once again, described by section 300(a), (b), or (e).

WIC 385 Ex-Parte Application and Order (AKA WIC 385 Petitions)

A WIC 385 Ex-Parte Application and Order is filed when asking the Court to change, modify or set aside a court order for the protection and safety of a child.  It is filed by the regional CSW.  Follow steps outlined in Requesting a Change of Order Pursuant to WIC 385.

WIC 387 Petitions

A WIC 387 petition seeks an order for the removal of a dependent child from the custody of a parent, legal guardian, relative and placement of the child in a more restrictive setting.  DCFS Intake and Detention Control (IDC) staff is responsible for filing all 387 detained petitions.

A non-detained WIC 387 petition which seeks an order to place a dependent child in a similar setting is filed by IDC once the regional CSW provide a non-detained report to IDC (i.e., for situations when the court has ordered that the child not be removed until the matter comes before the court).

WIC 388 Petitions

Any parent or other person, including DCFS, having an interest in a child who is a dependent child of the juvenile court or the child himself or herself through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to Section 360 for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child, shall state the petitioner's relationship to or interest in the child and shall set forth in concise language any change of circumstance or new evidence, which are alleged to require the change of order or termination of jurisdiction.

The petition requires the signature of an attorney where parties are represented by counsel. County counsel are to review and sign the JV 180 before they are submitted to court.

WIC 388 petitions are filed by DCFS under, but not limited to, the following circumstances:

  • To request a change in the case plan goal (e.g., reinstate family reunification services for a parent of a child who receives permanent placement services and the parent's rights have not been terminated).
  • To request a change in legal guardianship status (e.g., termination of legal guardianship or, when a legal guardian wishes to adopt the child in their care).
  • To modify a visitation order.
  • Terminating FR services for a parent/guardian prior to the WIC Section 366.21(e) or 366.21(f) review hearing.
  • In order to request the court to terminate services early, CSW must show that one of the following conditions exists. Either:
    • A change of circumstance or new evidence exists that satisfies no FR per WIC Section 361.5 (b), (e); or
    • The action or inaction of the parent/guardian creates a substantial likelihood that reunification will not occur, including:
      • Failure to visit the child and
      • Failure to participate regularly and make substantive progress in the court ordered treatment plan.
  • When an eligible nonminor wishes to resume dependency jurisdiction and participate in Extended Foster Care (EFC), filed under WIC 388(e). These filings do not require County Counsel to sign the JV 466.

WIC 388(e) Re-entry Petitions

Foster youth who meet the EFC Re-Entry Eligibility Requirements may petition the court to reinstate dependency and participate in the DCFS Extended Foster Care (EFC) Program. When the youth signs the SOC 163, Voluntary Re-entry Agreement for Extended Foster Care, DCFS has fifteen (15) judicial days within which to file a WIC 388(e) EFC Re-entry Petition on the youth's behalf. The youth also has the option to file the WIC 388(e) EFC Re-entry petition on his/her own.

Once 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 within fifteen (15) judicial days of the petition filing. The Judicial Council Juvenile Court Forms, JV-466 and JV-468, with original signatures are required for the WIC 388(e) petition filing.

Additional forms that must be attached to the petition include the:

  • JV-470, Findings and Orders Regarding Prima Facie Showing on Nonminor's Request to Re-enter Foster Care
  • JV-472, Findings and Orders After Hearing to Consider Nonminor's Request to Re-enter Foster Care

Amended Petitions

Amended petitions allege new instances or types of abuse or neglect which were not included in the original petition prior to the original petition being adjudicated (sustained).  Amended petitions may be filed on new 300 petitions or any supplemental petition, but they can only be filed before the adjudication of the 300, supplemental (387) or subsequent (342) petition.

Petitions may be amended as a result of new evidence of abuse or neglect only.  Amended petitions are not to be used for adding a sibling to the existing petition.  A new 300 petition is required to file on a sibling.

PROCEDURE

Filing WIC 300, 342 or 387 Detained Petition

Detaining CSW Responsibilities

  1. Create the Petition Request Referral no later than 5 p.m. the day following the detention, using the IDC Petition Tracking System.
  2. Create the Detention Report.
  3. Submit to SCSW for approval and signature.
  4. Upload into the Petition Tracking System.
  5. The detaining CSW is responsible for providing either oral or written notice to parties and must document the method used to notify all parties in the Detention Report.

IDC CSW Responsibilities

  1. Prior to creating the petition, review the Detention Report, the case record and all supporting documents (police report, medical report, school report, etc.) to ensure that all identifying information is recorded and current.
  2. Obtain CK numbers on open cases and enter them into CWS/CMS.
  3. Create the JV-100 and correct any inaccurate information populated on the JV-100.
  4. Complete all appropriate fields on the JV-100. Include the name of the court, the title of the proceedings, code section(s) and subdivision(s), name, age and address of any child on whose behalf the petition is brought; name and address, if known to DCFS of all parents and guardians of the child.
    • If there are no parents or guardians residing within the state, or if the place of residence is not known to DCFS, the petition must contain the name and residence address of any adult residing within the county, or if there are none, the adult relative residing nearest to the location of the court.
  5. Enter the date and time the child was taken into custody.
  6. Create the supporting facts in the appropriate WIC subdivisions (e.g., severe physical harm should be created in subdivision (a), etc.).
  7. Submit the petition to the Deputy County Counsel assigned to IDC for review of legal sufficiency and approval.
  8. Create the Court Report Addendum on CSW/CMS. Complete all appropriate fields and document the statements and all information obtained from the parents, children and other interested parties.
  9. Sign the petition approved by County Counsel.
  10. Attach the completed petition, the Court Report Addendum and all supporting documents (medical reports, police report, etc.) and submit the packet to the clerical support staff for final preparation and submission to courtroom.
  11. Update the IDC Petition Tracking System.

Filing a Non-Detained Petition

CSW Filing Non-Detained Petition Responsibilities

  1. Consult with outstation County Counsel prior to filing a non-detained petition.
  2. Create the Petition Request Referral no later than 5 p.m. the day following the detention, using the IDC Petition Tracking System
  3. Create the Detention Report.
    1. Write the text “Non-Detained” at the top of the Detention Report.
    2. Submit to SCSW for approval and signature.
    3. Upload the report into the IDC Petition Tracking System.
  4. Provide either oral or written notice to all the parties of the non-detained hearing, including tribes.
    • The non-detained hearing will take place three business days from the date you created the referral. A Notification Letter is only necessary if oral notice was not provided.
    • The notice requirement is the same for a Detention hearing. 

SCSW Responsibilities

  1. Approve and sign the Detention report.  If not approved, return to CSW for corrective action.

IDC Responsibilities

  1. Obtain CK numbers for the open cases and enter them on the petition.
  2. Create the petition.
  3. Attach the completed petition, the Court Report Addendum and all supporting documents (medical reports, police report, etc.) and submit the packet to the clerical support staff for final preparation and submission to courtroom.
  4. Update the IDC Petition Tracking System.

Filing a Non-Detained Petition Pursuant to WIC 319

CSW Responsibilities

  1. Create the Petition Request Referral no later than 5 p.m. the day following the detention, using the IDC Petition Tracking System
  2. Create the Detention Report.
    1. Write the text "Non-Detained" at the top of the Detention Report.
    2. Under the following sections, insert, "DCFS respectfully recommends the Court order the child(ren) detained pursuant to WIC Code 319."
      1. Children’s Whereabouts
      2. Reason for Hearing
      3. Recommendation
    3. Include a Medical Hub Services Recommendation
    4. If leaving some of the children in the home and detained others, ARA signature is required.
    5. Submit to SCSW for approval and signature
  3. Provide either oral or written notice to all the parties of the non-detained hearing, including tribes. 
    • The non-detained hearing will take place three business days from the date you called IDC.  A Notification Letter is only necessary if oral notice was not provided. 
    • The notice requirement is the same as a Detention hearing.

SCSW Responsibilities

  1. Approve and sign the Detention report.  If not approved, return to CSW for corrective action.

IDC Responsibilities

  1. Obtain CK numbers for the open cases and enter them on the petition.
  2. Create the petition.
  3. Attach the completed petition, the Court Report Addendum and all supporting documents (medical reports, police report, etc.) and submit the packet to the clerical support staff for final preparation and submission to courtroom.
  4. Update the IDC Petition Tracking System.

Filing an Application for a Change of Order Per WIC 385

Case-Carrying CSW Responsibilities

  1. Follow steps outlined in Requesting a Change of Order Pursuant to WIC 385.

Amending a Petition Before Adjudication

For new filings of a WIC 300 petition it will be the responsibility of the Dependency Investigator to amend the petition. For WIC 342, and 387 petitions it will be the responsibility of the Case-Carrying CSW to amend the petition.

CSW Responsible for Amending the Petition Responsibilities

  1. Create the Petition Request Referral on the IDC Petition Filing Tracking System.
  2. Review all supporting documents.  A detention report is not required for amended petitions in which the allegations are supported in the jurisdictional/dispositional report.
  3. Notify all attorneys of record that an amended petition has been filed.
  4. Create the JV-100.
  5. Type "First, Second or Third Amended" as appropriate, bolded in size 14 Time New Roman font in the space located below the heading Juvenile Dependency Petition (Version One) on the JV-100.
  6. Sign the petition once SCSW has approved it.
  7. Send a Notice of Hearing to the parents, guardians, all children 10 years and older.
  8. Submit nine (9) copies of the completed petition, notices and all supporting documents to support staff to be sent to IDC.  All packets must be received by IDC by 3:30p.m. on the day before the hearing.

SCSW Responsibilities

  1. Review the petition and all supporting documents.
  2. Return the petition to the CSW for correction if needed.  If approved, return the petition to the CSW for final preparation to be submitted to Court.

Filing a WIC 388 Petition

Case-Carrying CSW Responsibilities

WIC 388 petitions require the approval of the Hearing Officer before they are calendared.  The Court will decide whether they will grant a hearing on the 388 petition.  Therefore, IDC cannot calendar these cases. These cases go through the Court Liaison Unit.

  1. Prior to creating the petition, review the case records and all supporting documents to ensure that all identifying information is recorded and current.  If necessary, update the case record.  This will ensure that the fields populated by the database will be accurate.
  2. Discuss the case with the SCSW.
  3. Review the legal issue involved in making this recommendation with the County Counsel assigned to the case.
  4. Notify all attorneys assigned to the case and children 10 years of age and older that a petition has been filed.
  5. Create the JV-180 in the court hearing section on CWS/CMS and complete the appropriate information in all sections. 
    • Leave sections #1 and #14 blank for County Counsel to complete
    • Indicate “See attached report” in sections 7-9
    • Check of the box in section 10 to refer the court to the attached Ex Parte Report
    • Create an Ex Parte Report to support the relief requested in sections 7-9
    • When there is more than one child on a JV-180 all children may be listed on #4a and birthdates on #4b
    • If siblings have different placement address use an additional JV-180, page 1 and add additional addresses
  6. If an address is confidential, complete the JV-182.
  7. Complete the following fields of the JV-183:
    • Name of CSW filing the 388 petition
    • Date petition filed, (if known)
    • Name and address of the Court
    • Child’s name
    • Court number
  8. Complete the following fields of the JV-184:
    • Name (Enter name of CSW)
    • Date petition filed (if known)
    • Date of hearing (if known)
    • Department number
    • Enter "Los Angeles"  for County Name
    • Name and address of the Court
    • Child’s name
    • Court number
  9. If there are no parents or guardian residing within the state, or if the place of residence address is not known to DCFS, the petition must contain the name and residence address, if known, of any adult relative residing within the county, or if there are none, the adult relative residing nearest to the location of the court.
  10. Submit these documents and supporting documentation per established policy and procedures for SCSW approval and submission to court.
  11. After SCSW’s approval, if possible, give the JV 180 and the signed Ex Parte Report to your Outstation County Counsel to review and sign.
  12. Upload the signed JV 180 plus all attachments to the Juvenile Court Last Minute Information Filing System and submit.
  13. If you were unable to get the Outstation County Counsel to review, email the JV 180 and Ex Parte to the trial County Counsel to review and sign. County Counsel will deliver the signed JV 180, Ex Parte and attachments to Court Liaison.

SCSW Responsibilities

  1. Review the petition and all supporting documents.
  2. Return the petition to the CSW for correction if needed.  If approved, return the petition to the CSW for final preparation to be submitted to Court.

Court Liaison Responsibilities

  1. If you get the signed JV 180, Ex Parte and attachments from County Counsel, make the copies and file the petition with the Court Clerk’s office.

Filing a WIC 388(e) Petition to Resume Jurisdiction Over a Nonminor Youth’s Case

BASIC RE-ENTRY TIME FRAMES

DCFS must file 388 Petition within 15 judicial days of the date the SOC 163 is signed.  Note:  The court will only accept the Judicial Counsel Juvenile Court Forms, JV-466 and JV-468 for this filing.

L.A. County Juvenile Court/Dependency Court must receive the Petition within 5 days of its submission in the juvenile court where the youth resides (if in another CA County).

L.A. County Court must order that a hearing be held within 15 judicial days of the date the petition was filed.  Note:  There must be a prima facie showing that the youth meets the criteria listed in 388(e)(2)(A)(i-iii) within 3 court days of the filing).

DCFS will have to prepare a 388 report and submit to the court for the hearing.

DCFS will have 60 days to submit a new TILP to the court once jurisdiction is reinstated.

AB12 CSW Responsibilities

  1. Provide the youth with a JV-464-INFO form.
  2. Create the JV-466 (and JV-468 if youth wants his/her contact information to remain confidential) in the court hearing section on CWS/CMS.  Complete all sections and address the following California Rules of Court requirements:
    1. The Re-Entry Youth’s name and date of birth.
    2. The Re-Entry Youth’s address and contact information, unless the Re-Entry Youth requests that this information be kept confidential from those persons entitled to access to the juvenile court file, including his/her parents, by filing the JV-468 form. The JV-468 form must be kept in the court file under seal, and only the court, the child welfare services agency, the probation department, or the Indian tribe with an agreement under section 10553.1 to provide child welfare services to Indian children (Indian tribal agency), and the Re-Entry Youth’s attorney may have access to this information.
    3. The name and court file number of the Re-Entry Youth’s case and the name of the juvenile court that terminated its dependency jurisdiction, delinquency jurisdiction, or transition jurisdiction and retained general jurisdiction for the purpose of considering a request to assume or resume its jurisdiction over him/her as a Re-Entry Youth dependent.
    4. The date the juvenile court entered the order terminating its dependency jurisdiction, delinquency jurisdiction, or transition jurisdiction and retained general jurisdiction over him/her.
    5. If the Re-Entry Youth wants his/her parents or former legal guardians to receive notice of the filing of the request and the hearing, the name and residence addresses of the Re-Entry Youth’s parents or former guardians.
    6. The name and telephone number of the court-appointed attorney who represented the Re-Entry Youth at the time the juvenile court terminated its dependency jurisdiction, delinquency jurisdiction, or transition jurisdiction and retained general jurisdiction if the Re-Entry Youth wants that attorney to be the attorney appointed to represent him/her for the purposes of the hearing on the request.
    7. If the Re-Entry Youth is an Indian child within the meaning of the Indian Child Welfare Act and (s)he chooses to have the Indian Child Welfare Act apply to him/her, the name of the tribe and the name, address, and telephone number of his/her tribal representative.
    8. If the Re-Entry Youth had a Court Appointed Special Advocate (CASA) when (s)he was a dependent or ward of the court and wants the CASA to receive notice of the filing of the request and the hearing, the CASA's name.
    9. The condition or conditions under section 11403(b) that the Re-Entry Youth intends to satisfy.
    10. Whether the Re-Entry Youth requires assistance to maintain or secure an appropriate, supervised placement, or is in need of immediate placement and will agree to a supervised placement under a voluntary re-entry agreement (SOC 163).
  3. Submit these documents and supporting documentation for DI SCSW approval and submission to court.
  4. Sign the WIC 388(e) EFC Re-Entry Petition (JV-466) once it has been approved by the DI SCSW.
  5. Provide a copy of the completed WIC 388(e) EFC Re-Entry Petition (JV-466) to the EFC Re-Entry Youth and retain a copy for the DCFS case file.
  6. Attach supporting documentation including but not limited to copies of the signed SOC 163, an updated TILP (if available), the JV-470 and the JV-472 to the completed WIC 388(e) EFC Re-Entry Petition (JV-466) and submit it to the Clerical support staff for final preparation and submission to court.
  7. Submit the original WIC 388(e) EFC Re-Entry Petition (JV-466), JV-468 (if necessary), the JV-470 and the JV-472 with original signatures, along with two copies to the Juvenile Court Services Liaison.  Do not fax these documents as the Court Clerk’s Office will not accept them.  They must be the originals. 

AB12 SCSW Responsibilities

  1. Review the WIC 388(e) EFC Re-Entry Petition (JV-466) and all supporting documents.
  2. Return the WIC 388(e) EFC Re-Entry Petition (JV-466) to the DI CSW for correction if needed.  If approved, return the WIC 388 EFC Re-Entry Petition (JV-466) to the DI CSW for final preparation to be submitted to Court.

Juvenile Court Services Liaison Responsibilities

  1. Upon receipt from the Regional Office, file the WIC 388 (e) EFC Re-Entry Petition (JV-466) at the Clerk’s office.
APPROVALS

SCSW Approval

  • Petitions
  • Ex-Parte Reports
  • Detention Reports
  • WIC 388(e) EFC Re-Entry Petition (JV-466)
HELPFUL LINKS

Forms

LA Kids

JV-100, Petition Face Sheet

JV-182, Confidential Information (Request to Change Court Order)

JV-183, Court Order on Form JV-180, Request to Change Court Order

JV-184, Order After Hearing on Form JV-180, Request to Change Court Order

SOC 161, Six-Month Certification of Extended Foster Care Participation

SOC 163, Voluntary Re-Entry Agreement for Extended Foster Care

JV-464-INFO, How to Ask to Return to Juvenile Court Jurisdiction and Foster Care

JV-466, Request to Return to Juvenile Court Jurisdiction and Foster Care

JV-468, Confidential Information-Request to Return to Juvenile Court Jurisdiction and Foster Care

JV 470, Findings and Orders Regarding Prima Facie Showing on Nonminor's Request to Reenter Foster Care

JV 472, Findings and Orders After Hearing to Consider Nonminor's Request to Reenter Foster Care

CWS/CMS

Court Addendum

Detention Report

Ex Parte

JV 100, Juvenile Dependency Petition

JV 120-129, Petition Allegations (300 Subdivisions A-J)

JV 150, WIC 387 Supplemental Petitions Allegations

JV 245, Application and Declaration for Restraining Order

JV 180, WIC 388 Petition Allegations

JV 464-INFO, How to Ask to Return to Juvenile Court Jurisdiction and Foster Care

JV 466, Request to Return to Juvenile Court Jurisdiction and Foster Care must be completed and filed in court

JV 468, Confidential Information-Request to Return to Juvenile Court Jurisdiction and Foster Care

JV 470, Findings and Orders Regarding Prima Facie Showing on Nonminor's Request to Reenter Foster Care

JV 472, Findings and Orders After Hearing to Consider Nonminor's Request to Reenter Foster Care

SOC 161, Six-Month Certification of Extended Foster Care Participation

SOC 163, Voluntary Re-entry Agreement for Extended Foster Care

Attachments

CWS/CMS Release 6.6 Code Table Values for Extended Foster Care Re-Entry Documentation

Guidelines for Court Clerk When Re-Entry Youth Requests to File Re-Entry Petition

State of California Sample Timeline for Processing Re-Entry Case

Time Frames for Submission of Detention Reports to IDC

Medical Hub Services Recommendation

REFERENCED POLICY GUIDES

0100-535.25, Extended Foster Care (EFC) Program

0100-535.65, Extended Foster Care: Re-Entry of Nonminor Former Dependents

0300-303.15, Writing the Detention Report

0300-306.05, Noticing Process for Juvenile Court Proceedings

0300-503.30, WIC 385: Requesting a Change in Order

0300-503.41, WIC 388 Petitions: Response Report

STATUTES AND OTHER MANDATES

ACL 12-12 - Re-Entry into Extended Foster Care (EFC)

California Rule of Court 5.906 - Request by nonminor for the juvenile court to resume jurisdiction.

California Rules of Court 5.668 (a) - Recognizes non-detained petitions in our court process.

California Rules of Court 5.670 (a) - States that if the social worker does not take the child into custody but determines that a petition concerning the child should be filed, the social worker must file a petition with the clerk of the juvenile court as soon as possible.  The clerk must set an initial hearing within 15 court days.

Welfare and Institutions Code (WIC) Section 300 – Describes the circumstances under which the court may take jurisdiction over a child:

WIC Section 306 (b) - States that a social worker shall consider whether the child can remain safely in their residence with reasonable services before taking a minor into custody.

WIC Section 309 - Mandates an investigation and determination of the need for continued detention and contemplates that a child could have a petition filed on their behalf without the need for detention if there are available services to ameliorate the danger to the child.

WIC Section 311 – States in part that if the probation officer determines that the minor shall be retained in custody, he or she shall immediately file a petition pursuant to Section 332 with the clerk of the juvenile court who shall set the matter for hearing on the detention hearing calendar.

WIC Section 315 – States in part that if a minor has been taken into custody, the juvenile court shall hold a hearing to determine whether the minor shall be further detained.

WIC Section 319(a) – States that at the initial petition hearing, the court shall examine the child's parents, guardians, or other persons having relevant knowledge and hear the relevant evidence as the child, the child's parents or guardians, the petitioner, or their counsel desires to present.

WIC Section 332 (g) - Contemplates that a child may be detained or not detain in custody at the time a petition is filed.

WIC Section 334 - States that a hearing on the petition must be held within 30 days of filing unless the child is detained, in which case the hearing must be held within 15 judicial days.

WIC Section 342 – States that a subsequent petition shall be filed if the petitioner alleges new facts or circumstances, other than those under which the original petition was sustained, sufficient to state that the minor is a person described in Section 300.

WIC Section 361.5(a)(1)(C) – States that any motion to terminate court-ordered reunification services prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by paragraph (1), or within six months of the initial dispositional hearing for a child described by paragraph (2) or this paragraph, shall be made pursuant to the requirements set forth in subdivision (c) of Section 388.

WIC Section 385 – States that any order made by the court in the case of any person subject to its jurisdiction may at any time be changed, modified, or set aside, as the judge deems meet and proper, subject to such procedural requirements as are imposed by this article.

WIC Section 387 – States that an order changing or modifying a previous order by removing a child from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private or county institution, shall be made only after noticed hearing upon a supplemental petition.

WIC Section 388 – States that any parent or other person having an interest in a child who is a dependent child of the juvenile court or the child himself or herself through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to Section 360 for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court.

WIC Section 388(e) - Sets forth the requirements for resuming juvenile court jurisdiction over for whom the court dismissed dependency/delinquency/transition jurisdiction but who have been retained under general jurisdiction per WIC Section 303.  This includes all time frames for submission of petitions, hearing dates, court reports, findings and orders. Describes circumstances under which the nonminor dependent must agree to a background check pursuant to WIC Section 16504.5.