SECTIONS 385-391

385.  Any order made by the court in the case of any person subjectto its jurisdiction may at any time be changed, modified, or setaside, as the judge deems meet and proper, subject to such proceduralrequirements as are imposed by this article.386.  No order changing, modifying, or setting aside a previousorder of the juvenile court shall be made either in chambers, orotherwise, unless prior notice of the application therefor has beengiven by the judge or the clerk of the court to the social worker andto the child's counsel of record, or, if there is no counsel ofrecord, to the child and his or her parent or guardian.387.  (a) An order changing or modifying a previous order byremoving a child from the physical custody of a parent, guardian,relative, or friend and directing placement in a foster home, orcommitment to a private or county institution, shall be made onlyafter noticed hearing upon a supplemental petition. (b) The supplemental petition shall be filed by the social workerin the original matter and shall contain a concise statement of factssufficient to support the conclusion that the previous dispositionhas not been effective in the rehabilitation or protection of thechild or, in the case of a placement with a relative, sufficient toshow that the placement is not appropriate in view of the criteria inSection 361.3. (c) Notwithstanding subdivision (a), dependency jurisdiction shallbe resumed for a child as to whom dependency jurisdiction has beensuspended pursuant to Section 366.5 if the jurisdiction establishedpursuant to Section 601 or 602 is terminated and if, after theissuance of a joint assessment pursuant to Section 366.5, the courtdetermines that the court's dependency jurisdiction should beresumed. (d) Upon the filing of the supplemental petition, the clerk of thejuvenile court shall immediately set the same for hearing within 30days, and the social worker shall cause notice thereof to be servedupon the persons and in the manner prescribed by Sections 290.1 and291. (e) An order for the detention of the child pending adjudicationof the petition may be made only after a hearing is conductedpursuant to Article 7 (commencing with Section 305).388.  (a) Any parent or other person having an interest in a childwho is a dependent child of the juvenile court or the child himselfor herself through a properly appointed guardian may, upon grounds ofchange of circumstance or new evidence, petition the court in thesame action in which the child was found to be a dependent child ofthe juvenile court or in which a guardianship was ordered pursuant toSection 360 for a hearing to change, modify, or set aside any orderof court previously made or to terminate the jurisdiction of thecourt. The petition shall be verified and, if made by a person otherthan the child, shall state the petitioner's relationship to orinterest in the child and shall set forth in concise language anychange of circumstance or new evidence that are alleged to requirethe change of order or termination of jurisdiction. (b) Any person, including a child who is a dependent of thejuvenile court, may petition the court to assert a relationship as asibling related by blood, adoption, or affinity through a commonlegal or biological parent to a child who is, or is the subject of apetition for adjudication as, a dependent of the juvenile court, andmay request visitation with the dependent child, placement with ornear the dependent child, or consideration when determining orimplementing a case plan or permanent plan for the dependent child ormake any other request for an order which may be shown to be in thebest interest of the dependent child. The court may appoint aguardian ad litem to file the petition for the dependent childasserting the sibling relationship if the court determines that theappointment is necessary for the best interests of the dependentchild. The petition shall be verified and shall set forth thefollowing: (1) Through which parent he or she is related to the dependentchild. (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 thedependent child. (c) (1) Any party, including a child who is a dependent of thejuvenile court, may petition the court, prior to the hearing setpursuant to subdivision (f) of Section 366.21 for a child describedby subparagraph (A) of paragraph (1) of subdivision (a) of Section361.5, or prior to the hearing set pursuant to subdivision (e) ofSection 366.21 for a child described by subparagraph (B) or (C) ofparagraph (1) of subdivision (a) of Section 361.5, to terminatecourt-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 evidenceexists that satisfies a condition set forth in subdivision (b) or (e)of Section 361.5 justifying termination of court-orderedreunification services. (B) The action or inaction of the parent or guardian creates asubstantial likelihood that reunification will not occur, including,but not limited to, the parent or guardian's failure to visit thechild, or the failure of the parent or guardian to participateregularly and make substantive progress in a court-ordered treatmentplan. (2) In determining whether the parent or guardian has failed tovisit the child or participate regularly or make progress in thetreatment plan, the court shall consider factors including, but notlimited to, the parent or guardian's incarceration,institutionalization, or participation in a court-ordered residentialsubstance abuse treatment program. (3) The court shall terminate reunification services during theabove-described time periods only upon a finding by a preponderanceof evidence that reasonable services have been offered or provided,and upon a finding of clear and convincing evidence that one of theconditions in subparagraph (A) or (B) of paragraph (1) exists. (4) If the court terminates reunification services, it shall orderthat a hearing pursuant to Section 366.26 be held within 120 days. (d) If it appears that the best interests of the child may bepromoted by the proposed change of order, recognition of a siblingrelationship, termination of jurisdiction, or clear and convincingevidence supports revocation or termination of court-orderedreunification services, the court shall order that a hearing be heldand shall give prior notice, or cause prior notice to be given, tothe persons and by the means prescribed by Section 386, and, in thoseinstances in which the means of giving notice is not prescribed bythose sections, then by means the court prescribes. (e) (1) On and after January 1, 2012, a nonminor who has notattained 19 years of age, or, commencing January 1, 2013, 20 years ofage, or, commencing January 1, 2014, 21 years of age, for whom thecourt has dismissed dependency jurisdiction pursuant to Section 391,or delinquency jurisdiction pursuant to subdivision (e) of Section785, but has retained general jurisdiction under Section 303, and hasordered a period of trial independence may petition the court in thesame action in which the child was found to be a dependent ordelinquent child of the juvenile court for a hearing to resume thedependency or delinquency jurisdiction of the court. The petitionshall be filed within the trial period of independence. (2) The petition to resume dependency or delinquency jurisdictionmay be filed in the juvenile court that retains jurisdiction undersubdivision (b) of Section 303 or the juvenile court in the countywhere the youth resides. The juvenile court having jurisdiction underSection 303 shall receive the petition from the court in which thepetition is filed within five court days of the filing if thepetition is filed in the county of residence. Upon filing of thepetition, the court shall order that a hearing be held, if there is aprima facie showing that the nonminor satisfies at least one of theconditions in subdivision (b) of Section 11403. Upon ordering ahearing, the court shall give prior notice, or cause prior notice tobe given, to the persons and by the means prescribed by Section 386,except that notice to parents or former guardians shall not beprovided if the nonminor objects, in writing, on the face of thepetition. (3) The Judicial Council, by January 1, 2012, shall adopt rules ofcourt to allow for telephonic appearances by nonminor formerdependents or delinquents in these proceedings. (4) Prior to the hearing on a petition to resume dependencyjurisdiction, the court shall order the county child welfare orprobation department or Indian tribe that has entered into anagreement pursuant to Section 10553.1 to prepare a report for thecourt addressing whether the nonminor is able to meet at least one ofthe criteria set forth in subdivision (b) of Section 11403. When therecommendation is for the nonminor dependent to be placed in asetting where minor dependents also reside, the results of abackground check of the petitioning nonminor conducted pursuant toSection 16504.5, used by the placing agency to determine appropriateplacement options for the nonminor. The existence of a criminalconviction is not a bar to eligibility for reentry or resumption ofdependency jurisdiction of a nonminor. (5) The court, if it finds that the nonminor is able to meet atleast one of the criteria set forth in subdivision (b) of Section11403, shall resume dependency or delinquency jurisdiction and orderthe county child welfare or probation department or tribe to developa new transitional independent living case plan with the youth, whichshall be presented to the court within 60 days of the resumption ofthe dependency or delinquency jurisdiction. (f) A parent or other person having an interest in a child who wasremoved from his or her parents or guardian and placed in fostercare under jurisdiction established pursuant to Section 601 or 602,which is to be terminated, may file a supplemental petition with thecourt, consistent with subdivision (d) of Section 241.1, to modifythe court's jurisdiction in order to establish jurisdiction pursuantto Section 300, if the child appears to come within the descriptionof Section 300 and cannot be returned home safely.389.  (a) In any case in which a petition has been filed with ajuvenile court to commence proceedings to adjudge a person adependent child of the court, in any case in which a person is citedto appear before a probation officer or is taken before a probationofficer pursuant to Section 307, or in any case in which a minor istaken before any officer of a law enforcement agency, the person orthe county probation officer may, five years or more after thejurisdiction of the juvenile court has terminated as to the person,or, in a case in which no petition is filed, five years or more afterthe person was cited to appear before a probation officer or wastaken before a probation officer pursuant to Section 307 or was takenbefore any officer of a law enforcement agency, or, in any case, atany time after the person has reached the age of 18 years, petitionthe court for sealing of the records, including records of arrest,relating to the person's case, in the custody of the juvenile courtand probation officer and any other agencies, including lawenforcement agencies, and public officials as petitioner alleges, inhis petition, to have custody of such records. The court shall notifythe district attorney of the county and the county probationofficer, if he is not the petitioner of the petition, and suchdistrict attorney or probation officer or any of their deputies orany other person having relevant evidence may testify at the hearingon the petition. If, after hearing, the court finds that since suchtermination of jurisdiction or action pursuant to Section 307, as thecase may be, he has not been convicted of a felony or of anymisdemeanor involving moral turpitude and that rehabilitation hasbeen attained to the satisfaction of the court, it shall order sealedall records, papers, and exhibits in the person's case in thecustody of the juvenile court, including the juvenile court record,minute book entries, and entries on dockets, and other recordsrelating to the case in the custody of such other agencies andofficials as are named in the order. Thereafter, the proceedings insuch case shall be deemed never to have occurred, and the person mayproperly reply accordingly to any inquiry about the events, recordsof which are ordered sealed. The court shall send a copy of the orderto each agency and official named therein directing the agency toseal its records and five years thereafter to destroy the sealedrecords. Each such agency and official shall seal records in itscustody as directed by the order, shall advise the court of itscompliance, and thereupon shall seal the copy of the court's orderfor sealing of records that it or he received. The person who is thesubject of records sealed pursuant to this section may petition thesuperior court to permit inspection of the records by persons namedin the petition, and the superior court may so order. Otherwise,except as provided in subdivision (b), such records shall not be opento inspection. (b) In any action or proceeding based upon defamation, a court,upon a showing of good cause, may order any records sealed under thissection to be opened and admitted into evidence. The records shallbe confidential and shall be available for inspection only by thecourt, jury, parties, counsel for the parties, and any other personwho is authorized by the court to inspect them. Upon the judgment inthe action or proceeding becoming final, the court shall order therecords sealed. (c) Five years after a juvenile court record has been sealed, thecourt shall order the destruction of the sealed juvenile court recordunless for good cause the court determines that the juvenile courtrecord shall be retained. Any other agency in possession of sealedrecords shall destroy their records five years after the records wereordered 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 dismissthe petition or may set aside the findings and dismiss the petitionif the court finds that the interests of justice and the welfare ofthe minor require the dismissal, and that the parent or guardian ofthe minor is not in need of treatment or rehabilitation.391.  (a) At any hearing to terminate jurisdiction over a dependentchild who has reached the age of majority, the county welfaredepartment shall do all of the following: (1) Ensure that the child is present in court, unless the childdoes not wish to appear in court, or document efforts by the countywelfare department to locate the child when the child is notavailable. (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 heritageor tribal connections, if applicable, his or her family history andplacement history, any photographs of the child or his or her familyin the possession of the county welfare department, other thanforensic photographs, the whereabouts of any siblings under thejurisdiction of the juvenile court, unless the court determines thatsibling contact would jeopardize the safety or welfare of thesibling, directions on how to access the documents the child isentitled to inspect under Section 827, and the date on which thejurisdiction 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 theVehicle Code, or identification card, as described in Section 13000of the Vehicle Code. (v) A letter prepared by the county welfare department thatincludes the following information: (I) The child's name and date of birth. (II) The dates during which the child was within the jurisdictionof the juvenile court. (III) A statement that the child was a foster youth in compliancewith state and federal financial aid documentation requirements. (vi) If applicable, the death certificate of the parent orparents. (vii) If applicable, proof of the child's citizenship or legalresidence. (C) Assistance in completing an application for Medi-Cal orassistance in obtaining other health insurance; referral totransitional housing, if available, or assistance in securing otherhousing; and assistance in obtaining employment or other financialsupport. (D) Assistance in applying for admission to college or to avocational training program or other educational institution and inobtaining financial aid, where appropriate. (E) Assistance in maintaining relationships with individuals whoare important to a child who has been in out-of-home placement forsix 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 thecounty welfare department has not met the requirements of paragraph(2) of subdivision (a) and that termination of jurisdiction would beharmful to the best interests of the child. If the court determinesthat continued jurisdiction is warranted pursuant to this section,the continuation shall only be ordered for that period of timenecessary for the county welfare department to meet the requirementsof paragraph (2) of subdivision (a). This section shall not beconstrued to limit the discretion of the juvenile court to continuejurisdiction for other reasons. The court may terminate jurisdictionif the county welfare department has offered the required services,and the child either has refused the services or, after reasonableefforts 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 thissection. (c) This section shall remain in effect only until January 1,2012, and as of that date is repealed, unless a later enactedstatute, that is enacted before January 1, 2012, deletes or extendsthat date.391.  (a) The court shall not terminate jurisdiction over adependent youth who has reached 18 years of age unless a hearing isconducted pursuant to this section. (b) At any hearing for a dependent youth who has attained 18 yearsof age at which the court is considering termination of thejurisdiction of the juvenile court and the accompanying foster careservices as described in Section 11403, the county welfare departmentshall do all of the following: (1) Ensure that the dependent is present in court, unless thedependent does not wish to appear in court, or document efforts bythe county welfare department to locate the child when the child isnot available. (2) Submit a report describing whether it is in the youth's bestinterests to remain under the court's dependency jurisdiction, whichincludes a recommended transitional independent living case plan forany youth who is continuing dependency as a nonminor. (3) If the dependent has indicated that he or she does not wantdependency jurisdiction to continue, the report shall address theadvisability of a court-ordered trial discharge from foster care. (c) The court shall continue dependency jurisdiction for anonminor dependent, as defined in subdivision (v) of Section 11400,who is eligible pursuant to Section 11403 unless the court finds thatafter reasonable and documented efforts the nonminor cannot belocated or does not wish to remain subject to dependencyjurisdiction. In making this finding, the court shall ensure that thenonminor has been informed of his or her options including the rightto file a petition pursuant to Section 388 to resume dependencyjurisdiction, and had an opportunity to confer with his or hercounsel if counsel has been appointed pursuant to Section 317. Thecourt shall terminate dependency jurisdiction for a nonminordependent if it finds that the nonminor dependent is not eligiblepursuant to subdivision (b) of Section 11403. (d) If the court terminates dependency jurisdiction, the nonminorshall remain within the jurisdiction of the court until the nonminorattains 21 years of age, although no review proceedings shall berequired. As authorized in paragraph (e) of Section 1356.21 of Title45 of the Code of Federal Regulations, the court shall authorize atrial period of departure from foster care as defined in subdivision(y) of Section 11400. In order to ensure eligibility for federalfinancial participation, the court shall set the end date of thetrial period of departure from foster care to be the day prior to theday the nonminor attains 21 years of age, unless to do so is not inthe nonminor's best interests. A nonminor may petition the courtpursuant to subdivision (e) of Section 388 to resume dependencyjurisdiction at any time before attaining 21 years of age. (e) Unless the nonminor does not wish to remain under thedependency or delinquency jurisdiction of the court, or, afterreasonable efforts by the county welfare department the nonminorcannot be located, the court shall not terminate dependency ordelinquency jurisdiction over a nonminor dependent who has reached 18years of age until a hearing is conducted pursuant to this sectionand the department has submitted a report verifying that thefollowing information, documents, and services have been provided tothe child: (1) Written information concerning the child's dependency case,including any known information regarding the child's Indian heritageor tribal connections, if applicable, his or her family history andplacement history, any photographs of the child or his or her familyin the possession of the county welfare department, other thanforensic photographs, the whereabouts of any siblings under thejurisdiction of the juvenile court, unless the court determines thatsibling contact would jeopardize the safety or welfare of thesibling, directions on how to access the documents the child isentitled to inspect under Section 827, and the date on which thejurisdiction 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 VehicleCode, or identification card, as described in Section 13000 of theVehicle Code. (E) A letter prepared by the county welfare department thatincludes the following information: (i) The child's name and date of birth. (ii) The dates during which the child was within the jurisdictionof the juvenile court. (iii) A statement that the child was a foster youth in compliancewith 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 legalresidence. (3) Assistance in completing an application for Medi-Cal orassistance in obtaining other health insurance. (4) Referrals to transitional housing, if available, or assistancein securing other housing. (5) Assistance in obtaining employment or other financial support. (6) Assistance in applying for admission to college or to avocational training program or other educational institution and inobtaining financial aid, where appropriate. (7) Assistance in maintaining relationships with individuals whoare important to a child who has been in out-of-home placement forsix 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 inaccessing the Independent Living Aftercare Program in the nonminor'scounty of residence. (f) At the hearing closest to and before a dependent child's 18thbirthday and every review hearing thereafter, the department shallsubmit a report describing efforts toward completing the itemsdescribed in paragraph (2) of subdivision (e). (g) The Judicial Council shall develop and implement standards,and develop and adopt appropriate forms necessary to implement thisprovision. (h) This section shall become operative on January 1, 2012.