388 Petition (JV-180 to 184)

child-courtYou can be heard and get before a judge (even when you are not a party and do not qualify for de facto status) by filing a JV-180. Any parent, sibling, or other person having an interest in a child who is a dependent child of the juvenile court may file.

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When to File a Request to Change Court Order

We suggest that you file a JV-180 Request to Change Court Order for important issues that need to be addressed immediately. Specifically, the JV-180 is appropriate when:

  • An immediate hearing is required
  • Circumstances have changed or there is new evidence that you can offer to the judge
  • It is in the child’s best interests to modify a previous order
  • You seek visits, placement, or contact with a dependent sibling in foster care, or on behalf of a child who has a sibling in foster care

Welfare & Institutions Code § 388

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How to File a Request to Change Court Order

In order to apply for a Request to Change Court Order, you must complete and file three forms:

See also Guidelines for completing JV-180, JV-183, and JV-184.

Caution: When filling out a JV-180, be sure to include a specific description of the change in circumstance and/or the new evidence that has developed. You must present particular evidence of a change in circumstance and that the recommended change of order is in the child’s best interest -- both are required for this motion. Most successful JV-180 petitions include declarations or other attachments that demonstrate the specifics of the change in circumstance and the best interest of the child. See In re Ramone R. (2005) 132 Cal.App.4th 1339, 1348 (holding that conclusory claims in a JV-180 petition are insufficient to require a hearing, and that a JV-180 must include include a specific description of the change in circumstance or new evidence). If you need further information about completing a JV-180, please call or email Advokids. If you wish to keep your address confidential, also fill out the JV 182.

Make copies. Caregivers should make 8 or more copies of the completed JV-180 form and any attachments.

If you choose to file the form in person:

  • Take the original form and the recommended 8 copies to the court clerk’s office at the courthouse where the hearing will be held.
  • Ask the clerk to file the form for you. If the clerk questions this request, refer the Clerk to the JV 180 form, page 3, language that requires Clerk to file and serve for you: “If you do not have an attorney, the clerk will send notice and copies of your request to all persons required to receive notice under Welfare and Institutions Code sections 297 and 380, and rules 1407 and 1432 of the California Rules of Court.” The clerk is responsible for providing the form to all parties and completing and filing the proof of service form.
  • Keep one copy of the date-stamped form for yourself.

If you choose to file the form by mail:

  • Mail the original form and all but one of the copies to the court clerk’s office at the courthouse where the hearing will be held. Include a self-addressed envelope, a note indicating “For filing and service” and the case number.
  • Here is a Sample Clerk Cover Letter. The clerk is responsible for providing the form to all parties and completing and filing the proof of service form.

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Forms and Supporting Documentation

Please note that many of the above forms are fillable.

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