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§2.10 Subsequent Petition Alleging New Ground

The social worker may file a subsequent petition to allege new facts or circumstances sufficient to state a new ground for jurisdiction under WIC §300. [WIC §342; see Part 2, §4.02.] You must determine by a preponderance of the evidence whether the new allegations are true. You must also find whether the previous disposition has been effective. [CRC 5.565(e)(1).]

The procedures and hearings on a subsequent petition are similar to those applicable to an original petition. [See WIC §297(a), (d); CRC 5.560(b), 5.565.]

When a subsequent petition is filed alleging additional facts supporting dependency jurisdiction over a child who already is under the jurisdiction of the juvenile court, and the alleged new bases for jurisdiction require a finding that the child remains at risk of abuse, the question to be asked is whether, in the absence of the state’s intervention, there is a substantial risk that the child will be abused. [In re Carlos T. (2009) 174 CA4th 795, 806.]

If you know or have reason to know that an Indian child is involved, you must ensure that notice is completed in accordance with WIC §224.2. [See Part 1, §1.05.]

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© 2006 by Judicial Council of California
updated as of January 1, 2012