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§2.11 Supplemental Petition

The social worker may file a supplemental petition when [WIC §387(a); CRC 5.560(c), 5.565(a); see form JV-150]:

  • The previous placement order was not effective in protecting the child; and
  • The petitioner seeks a more restrictive level of physical custody.

WIC §297(b) and §387 and CRC 5.560(c) and 5.565 govern the procedures and hearings on a supplemental petition. At the jurisdictional phase, you must determine by a preponderance of the evidence whether [CRC 5.565(e)(1); In re Jonique W. (1994) 26 CA4th 685, 691]:

  • The factual allegations are true; and
  • The previous placement was ineffective to protect the child.

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.]

Although there is no reference in section 387 to the dispositional hearing, CRC 5.565(f) specifically provides for the disposition after a supplemental petition is granted. [In re G.W. (2009) 173 CA4th 1428, 1438.]

At the dispositional phase, you must find clear and convincing evidence to remove a child from the physical custody of his or her parents or guardian. [See WIC §361(c)(1); In re Paul E. (1995) 39 CA4th 996, 1000–1001.]

If a section 387 petition requests removal of a child placed with a relative, you must also make findings on whether the relative placement is appropriate in view of the criteria in WIC §361.3.  If you find that the factual allegations in the petition are true, the agency as petitioner has the burden of proof to show by a preponderance of the evidence that the previous disposition is no longer effective in protecting the child, or the relative placement is not appropriate in light of the section §361.3 criteria. [In re H.G. (2006) 146 CA4th 1, 17.] If this burden of proof is met on the 387 petition, a separate dispositional phase must be held to determine whether removal of the child from the home is required, even if the court immediately thereafter terminates parental rights and frees the child for adoption. [In re H.G., supra.]

You may resume dependency jurisdiction for a dual status child after delinquency jurisdiction is terminated and a joint assessment is issued pursuant to WIC §366.5. [WIC §387(c); see Part 1, §2.04.]


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