CHILDREN AND THE LAW
...Dependency Petitions
......Periodic Review Hearings
.........Motions for Modification
............Supplement. Petition (W&I §387)
 17 Cards On This Topic:
  • Orders modifying previous orders by removing children from parents made only upon noticed hearing upon supplemental petition.
  • Proceeding with W&IC §387 hearing in mother's absence neither trammeled F's DP right to cross-examine her nor contravened principles in Claudia S. and Baby Boy M.
  • Substantial evidence supported findings on W&IC 387 petition — previous order placing C with mother was not effective to protect her b/c mother allowed homeless F to be in C's home unsupervised after he had sexually abused C's sister in the home.
  • Substantial evidence supported finding that previous "home of parent" order with F, then incarcerated, was no longer effective to protect C and new home of parent order with stepmother, in same house, was appropriate.
  • Court erred when it sustained HHSA's W&IC 387 supp. petition without considering whether C's relative placement was no longer appropriate in view of W&IC 361.3 criteria.
  • Issue at adjudication hearing on supplemental petition limited to whether previous disposition was effective in the rehabilitation or protection of C.
  • Substantial evidence supported finding on W&IC 387 petitions that placement ineffective and removal in Cs' best interests where grandmother did not meet various W&IC 361.3 criteria.
  • Agency can't dismiss supplemental petition it filed to remove dependent M from parent's physical custody over objection of M's counsel--Agency must show dismissal in interests of justice and child's welfare.
  • Court couldn't rely on 18-mo. limit for reunification services in denying services to mother whose children removed for first time per W&IC 387 after 18 months of family maintenance services.
  • When general placement order vests SSA with M’s custody and placement, SSA may, without further court order, react to changed circumstances by removing M.
  • Safeguards of W&IC 361 apply as much to W&IC 387 supplemental petitions as to initial petitions.
  • W&I §387 petition does not result in new adjudication of dependency; court must base procedure on law in effect at first adjudication.
  • Petitions to modify minor’s placement by removal from home must be made under Welf. & Inst. Code §387.
  • Bifurcated hearing required on Welf. & Inst. Code §387 petition.
  • Application of clear and convincing standard on Welf. & Inst. Code §387 petition may be presumed.
  • Grandmother-de facto parent has standing to present evidence and defend against allegations at W&IC 387 hearing on supplemental petition.
  • Once court sustains supplemental petition to remove dependent child for 2d time, it may set for permanency planning if parent had 12 mos of reasonable services.


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