385-391
WELFARE AND INSTITUTIONS CODE
SECTION 385-391
385. 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. 386. No order changing, modifying, or setting aside a previous order of the juvenile court shall be made either in chambers, or otherwise, unless prior notice of the application therefor has been given by the judge or the clerk of the court to the social worker and to the child's counsel of record, or, if there is no counsel of record, to the child and his or her parent or guardian. 387. (a) 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. (b) The supplemental petition shall be filed by the social worker in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the previous disposition has not been effective in the rehabilitation or protection of the child or, in the case of a placement with a relative, sufficient to show that the placement is not appropriate in view of the criteria in Section 361.3. (c) Notwithstanding subdivision (a), dependency jurisdiction shall be resumed for a child as to whom dependency jurisdiction has been suspended pursuant to Section 366.5 if the jurisdiction established pursuant to Section 601 or 602 is terminated and if, after the issuance of a joint assessment pursuant to Section 366.5, the court determines that the court's dependency jurisdiction should be resumed. (d) Upon the filing of the supplemental petition, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the social worker shall cause notice thereof to be served upon the persons and in the manner prescribed by Sections 290.1 and 291. (e) An order for the detention of the child pending adjudication of the petition may be made only after a hearing is conducted pursuant to Article 7 (commencing with Section 305). 388. (a) 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. 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 that are alleged to require the change of order or termination of jurisdiction. (b) Any person, including a child who is a dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a dependent of the juvenile court, and may request visitation with the dependent child, placement with or near the dependent child, or consideration when determining or implementing a case plan or permanent plan for the dependent child or make any other request for an order which may be shown to be in the best interest of the dependent child. The court may appoint a guardian ad litem to file the petition for the dependent child asserting the sibling relationship if the court determines that the appointment is necessary for the best interests of the dependent child. The petition shall be verified and shall set forth the following: (1) Through which parent he or she is related to the dependent child. (2) Whether he or she is related to the dependent child by blood, adoption, or affinity. (3) The request or order that the petitioner is seeking. (4) Why that request or order is in the best interest of the dependent child. (c) (1) Any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by subparagraph (A) of paragraph (1) of subdivision (a) of Section 361.5, or prior to the hearing set pursuant to subdivision (e) of Section 366.21 for a child described by subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 361.5, to terminate court-ordered reunification services provided under subdivision (a) of Section 361.5 only if one of the following conditions exists: (A) It appears that a change of circumstance or new evidence exists that satisfies a condition set forth in subdivision (b) or (e) of Section 361.5 justifying termination of court-ordered reunification services. (B) The action or inaction of the parent or guardian creates a substantial likelihood that reunification will not occur, including, but not limited to, the parent or guardian's failure to visit the child, or the failure of the parent or guardian to participate regularly and make substantive progress in a court-ordered treatment plan. (2) In determining whether the parent or guardian has failed to visit the child or participate regularly or make progress in the treatment plan, the court shall consider factors including, but not limited to, the parent or guardian's incarceration, institutionalization, or participation in a court-ordered residential substance abuse treatment program. (3) The court shall terminate reunification services during the above-described time periods only upon a finding by a preponderance of evidence that reasonable services have been offered or provided, and upon a finding of clear and convincing evidence that one of the conditions in subparagraph (A) or (B) of paragraph (1) exists. (4) If the court terminates reunification services, it shall order that a hearing pursuant to Section 366.26 be held within 120 days. (d) If it appears that the best interests of the child may be promoted by the proposed change of order, recognition of a sibling relationship, termination of jurisdiction, or clear and convincing evidence supports revocation or termination of court-ordered reunification services, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 386, and, in those instances in which the means of giving notice is not prescribed by those sections, then by means the court prescribes. (e) (1) On and after January 1, 2012, a nonminor who has not attained 19 years of age, or, commencing January 1, 2013, 20 years of age, or, commencing January 1, 2014, 21 years of age, for whom the court has dismissed dependency jurisdiction pursuant to Section 391, or delinquency jurisdiction pursuant to subdivision (e) of Section 785, but has retained general jurisdiction under Section 303, and has ordered a period of trial independence may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile court for a hearing to resume the dependency or delinquency jurisdiction of the court. The petition shall be filed within the trial period of independence. (2) The petition to resume dependency or delinquency jurisdiction may be filed in the juvenile court that retains jurisdiction under subdivision (b) of Section 303 or the juvenile court in the county where the youth resides. The juvenile court having jurisdiction under Section 303 shall receive the petition from the court in which the petition is filed within five court days of the filing if the petition is filed in the county of residence. Upon filing of the petition, the court shall order that a hearing be held, if there is a prima facie showing that the nonminor satisfies at least one of the conditions in subdivision (b) of Section 11403. Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 386, except that notice to parents or former guardians shall not be provided if the nonminor objects, in writing, on the face of the petition. (3) The Judicial Council, by January 1, 2012, shall adopt rules of court to allow for telephonic appearances by nonminor former dependents or delinquents in these proceedings. (4) Prior to the hearing on a petition to resume dependency jurisdiction, the court shall order the county child welfare or probation department or Indian tribe that has entered into an agreement pursuant to Section 10553.1 to prepare a report for the court addressing whether the nonminor is able to meet at least one of the criteria set forth in subdivision (b) of Section 11403. When the recommendation is for the nonminor dependent to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5, used by the placing agency to determine appropriate placement options for the nonminor. The existence of a criminal conviction is not a bar to eligibility for reentry or resumption of dependency jurisdiction of a nonminor. (5) The court, if it finds that the nonminor is able to meet at least one of the criteria set forth in subdivision (b) of Section 11403, shall resume dependency or delinquency jurisdiction and order the county child welfare or probation department or tribe to develop a new transitional independent living case plan with the youth, which shall be presented to the court within 60 days of the resumption of the dependency or delinquency jurisdiction. (f) A parent or other person having an interest in a child who was removed from his or her parents or guardian and placed in foster care under jurisdiction established pursuant to Section 601 or 602, which is to be terminated, may file a supplemental petition with the court, consistent with subdivision (d) of Section 241.1, to modify the court's jurisdiction in order to establish jurisdiction pursuant to Section 300, if the child appears to come within the description of Section 300 and cannot be returned home safely. 389. (a) In any case in which a petition has been filed with a juvenile court to commence proceedings to adjudge a person a dependent child of the court, in any case in which a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 307, or in any case in which a minor is taken before any officer of a law enforcement agency, the person or the county probation officer may, five years or more after the jurisdiction of the juvenile court has terminated as to the person, or, in a case in which no petition is filed, five years or more after the person was cited to appear before a probation officer or was taken before a probation officer pursuant to Section 307 or was taken before any officer of a law enforcement agency, or, in any case, at any time after the person has reached the age of 18 years, petition the court for sealing of the records, including records of arrest, relating to the person's case, in the custody of the juvenile court and probation officer and any other agencies, including law enforcement agencies, and public officials as petitioner alleges, in his petition, to have custody of such records. The court shall notify the district attorney of the county and the county probation officer, if he is not the petitioner of the petition, and such district attorney or probation officer or any of their deputies or any other person having relevant evidence may testify at the hearing on the petition. If, after hearing, the court finds that since such termination of jurisdiction or action pursuant to Section 307, as the case may be, he has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order sealed all records, papers, and exhibits in the person's case in the custody of the juvenile court, including the juvenile court record, minute book entries, and entries on dockets, and other records relating to the case in the custody of such other agencies and officials as are named in the order. Thereafter, the proceedings in such case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, records of which are ordered sealed. The court shall send a copy of the order to each agency and official named therein directing the agency to seal its records and five years thereafter to destroy the sealed records. Each such agency and official shall seal records in its custody as directed by the order, shall advise the court of its compliance, and thereupon shall seal the copy of the court's order for sealing of records that it or he received. The person who is the subject of records sealed pursuant to this section may petition the superior court to permit inspection of the records by persons named in the petition, and the superior court may so order. Otherwise, except as provided in subdivision (b), such records shall not be open to inspection. (b) In any action or proceeding based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed. (c) Five years after a juvenile court record has been sealed, the court shall order the destruction of the sealed juvenile court record unless for good cause the court determines that the juvenile court record shall be retained. Any other agency in possession of sealed records shall destroy their records five years after the records were ordered sealed. 390. A judge of the juvenile court in which a petition was filed, at any time before the minor reaches the age of 21 years, may dismiss the petition or may set aside the findings and dismiss the petition if the court finds that the interests of justice and the welfare of the minor require the dismissal, and that the parent or guardian of the minor is not in need of treatment or rehabilitation. 391. (a) At any hearing to terminate jurisdiction over a dependent child who has reached the age of majority, the county welfare department shall do all of the following: (1) Ensure that the child is present in court, unless the child does not wish to appear in court, or document efforts by the county welfare department to locate the child when the child is not available. (2) Submit a report verifying that the following information, documents, and services have been provided to the child: (A) Written information concerning the child's dependency case, including any known information regarding the child's Indian heritage or tribal connections, if applicable, his or her family history and placement history, any photographs of the child or his or her family in the possession of the county welfare department, other than forensic photographs, the whereabouts of any siblings under the jurisdiction of the juvenile court, unless the court determines that sibling contact would jeopardize the safety or welfare of the sibling, directions on how to access the documents the child is entitled to inspect under Section 827, and the date on which the jurisdiction of the juvenile court would be terminated. (B) The following documents: (i) Social security card. (ii) Certified birth certificate. (iii) Health and education summary, as described in subdivision (a) of Section 16010. (iv) Driver's license, as described in Section 12500 of the Vehicle Code, or identification card, as described in Section 13000 of the Vehicle Code. (v) A letter prepared by the county welfare department that includes the following information: (I) The child's name and date of birth. (II) The dates during which the child was within the jurisdiction of the juvenile court. (III) A statement that the child was a foster youth in compliance with state and federal financial aid documentation requirements. (vi) If applicable, the death certificate of the parent or parents. (vii) If applicable, proof of the child's citizenship or legal residence. (C) Assistance in completing an application for Medi-Cal or assistance in obtaining other health insurance; referral to transitional housing, if available, or assistance in securing other housing; and assistance in obtaining employment or other financial support. (D) Assistance in applying for admission to college or to a vocational training program or other educational institution and in obtaining financial aid, where appropriate. (E) Assistance in maintaining relationships with individuals who are important to a child who has been in out-of-home placement for six months or longer from the date the child entered foster care, based on the child's best interests. (3) The court may continue jurisdiction if it finds that the county welfare department has not met the requirements of paragraph (2) of subdivision (a) and that termination of jurisdiction would be harmful to the best interests of the child. If the court determines that continued jurisdiction is warranted pursuant to this section, the continuation shall only be ordered for that period of time necessary for the county welfare department to meet the requirements of paragraph (2) of subdivision (a). This section shall not be construed to limit the discretion of the juvenile court to continue jurisdiction for other reasons. The court may terminate jurisdiction if the county welfare department has offered the required services, and the child either has refused the services or, after reasonable efforts by the county welfare department, cannot be located. (b) The Judicial Council shall develop and implement standards, and develop and adopt appropriate forms, necessary to implement this section. (c) This section shall remain in effect only until January 1, 2012, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2012, deletes or extends that date. 391. (a) The court shall not terminate jurisdiction over a dependent youth who has reached 18 years of age unless a hearing is conducted pursuant to this section. (b) At any hearing for a dependent youth who has attained 18 years of age at which the court is considering termination of the jurisdiction of the juvenile court and the accompanying foster care services as described in Section 11403, the county welfare department shall do all of the following: (1) Ensure that the dependent is present in court, unless the dependent does not wish to appear in court, or document efforts by the county welfare department to locate the child when the child is not available. (2) Submit a report describing whether it is in the youth's best interests to remain under the court's dependency jurisdiction, which includes a recommended transitional independent living case plan for any youth who is continuing dependency as a nonminor. (3) If the dependent has indicated that he or she does not want dependency jurisdiction to continue, the report shall address the advisability of a court-ordered trial discharge from foster care. (c) The court shall continue dependency jurisdiction for a nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible pursuant to Section 11403 unless the court finds that after reasonable and documented efforts the nonminor cannot be located or does not wish to remain subject to dependency jurisdiction. In making this finding, the court shall ensure that the nonminor has been informed of his or her options including the right to file a petition pursuant to Section 388 to resume dependency jurisdiction, and had an opportunity to confer with his or her counsel if counsel has been appointed pursuant to Section 317. The court shall terminate dependency jurisdiction for a nonminor dependent if it finds that the nonminor dependent is not eligible pursuant to subdivision (b) of Section 11403. (d) If the court terminates dependency jurisdiction, the nonminor shall remain within the jurisdiction of the court until the nonminor attains 21 years of age, although no review proceedings shall be required. As authorized in paragraph (e) of Section 1356.21 of Title 45 of the Code of Federal Regulations, the court shall authorize a trial period of departure from foster care as defined in subdivision (y) of Section 11400. In order to ensure eligibility for federal financial participation, the court shall set the end date of the trial period of departure from foster care to be the day prior to the day the nonminor attains 21 years of age, unless to do so is not in the nonminor's best interests. A nonminor may petition the court pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction at any time before attaining 21 years of age. (e) Unless the nonminor does not wish to remain under the dependency or delinquency jurisdiction of the court, or, after reasonable efforts by the county welfare department the nonminor cannot be located, the court shall not terminate dependency or delinquency jurisdiction over a nonminor dependent who has reached 18 years of age until a hearing is conducted pursuant to this section and the department has submitted a report verifying that the following information, documents, and services have been provided to the child: (1) Written information concerning the child's dependency case, including any known information regarding the child's Indian heritage or tribal connections, if applicable, his or her family history and placement history, any photographs of the child or his or her family in the possession of the county welfare department, other than forensic photographs, the whereabouts of any siblings under the jurisdiction of the juvenile court, unless the court determines that sibling contact would jeopardize the safety or welfare of the sibling, directions on how to access the documents the child is entitled to inspect under Section 827, and the date on which the jurisdiction of the juvenile court would be terminated. (2) The following documents: (A) Social security card. (B) Certified copy of his or her birth certificate. (C) Health and education summary, as described in subdivision (a) of Section 16010. (D) Driver's license, as described in Section 12500 of the Vehicle Code, or identification card, as described in Section 13000 of the Vehicle Code. (E) A letter prepared by the county welfare department that includes the following information: (i) The child's name and date of birth. (ii) The dates during which the child was within the jurisdiction of the juvenile court. (iii) A statement that the child was a foster youth in compliance with state and federal financial aid documentation requirements. (F) If applicable, the death certificate of the parent or parents. (G) If applicable, proof of the child's citizenship or legal residence. (3) Assistance in completing an application for Medi-Cal or assistance in obtaining other health insurance. (4) Referrals to transitional housing, if available, or assistance in securing other housing. (5) Assistance in obtaining employment or other financial support. (6) Assistance in applying for admission to college or to a vocational training program or other educational institution and in obtaining financial aid, where appropriate. (7) Assistance in maintaining relationships with individuals who are important to a child who has been in out-of-home placement for six months or longer from the date the child entered foster care, based on the child's best interests. (8) For nonminors between 18 and 21 years of age, assistance in accessing the Independent Living Aftercare Program in the nonminor's county of residence. (f) At the hearing closest to and before a dependent child's 18th birthday and every review hearing thereafter, the department shall submit a report describing efforts toward completing the items described in paragraph (2) of subdivision (e). (g) The Judicial Council shall develop and implement standards, and develop and adopt appropriate forms necessary to implement this provision. (h) This section shall become operative on January 1, 2012.