2005 California Welfare and Institutions Code Sections 385-391 Court Judgments and Orders

385.  Any order made by the court in the case of any person subject
to its jurisdiction may at any time be changed, modified, or set
aside, as the judge deems meet and proper, subject to such procedural
requirements as are imposed by this article.
386.  No order changing, modifying, or setting aside a previous
order of the juvenile court shall be made either in chambers, or
otherwise, unless prior notice of the application therefor has been
given by the judge or the clerk of the court to the social worker and
to the child's counsel of record, or, if there is no counsel of
record, to the child and his or her parent or guardian.
387.  (a) An order changing or modifying a previous order by
removing a child from the physical custody of a parent, guardian,
relative, or friend and directing placement in a foster home, or
commitment to a private or county institution, shall be made only
after noticed hearing upon a supplemental petition.
   (b) The supplemental petition shall be filed by the social worker
in the original matter and shall contain a concise statement of facts
sufficient to support the conclusion that the previous disposition
has not been effective in the rehabilitation or protection of the
child or, in the case of a placement with a relative, sufficient to
show that the placement is not appropriate in view of the criteria in
Section 361.3.
   (c) Notwithstanding subdivision (a), dependency jurisdiction shall
be resumed for a child as to whom dependency jurisdiction has been
suspended pursuant to Section 366.5 if the jurisdiction established
pursuant to Section 601 or 602 is terminated and if, after the
issuance of a joint assessment pursuant to Section 366.5, the court
determines that the court's dependency jurisdiction should be
resumed.
   (d) Upon the filing of the supplemental petition, the clerk of the
juvenile court shall immediately set the same for hearing within 30
days, and the social worker shall cause notice thereof to be served
upon the persons and in the manner prescribed by Sections 290.1 and
291.
   (e) An order for the detention of the child pending adjudication
of the petition may be made only after a hearing is conducted
pursuant to Article 7 (commencing with Section 305).
388.  (a) Any parent or other person having an interest in a child
who is a dependent child of the juvenile court or the child himself
or herself through a properly appointed guardian may, upon grounds of
change of circumstance or new evidence, petition the court in the
same action in which the child was found to be a dependent child of
the juvenile court or in which a guardianship was ordered pursuant to
Section 360 for a hearing to change, modify, or set aside any order
of court previously made or to terminate the jurisdiction of the
court.  The petition shall be verified and, if made by a person other
than the child, shall state the petitioner's relationship to or
interest in the child and shall set forth in concise language any
change of circumstance or new evidence which are alleged to require
the change of order or termination of jurisdiction.
   (b) Any person, including a child who is a dependent of the
juvenile court, may petition the court to assert a relationship as a
sibling related by blood, adoption, or affinity through a common
legal or biological parent to a child who is, or is the subject of a
petition for adjudication as, a dependent of the juvenile court, and
may request visitation with the dependent child, placement with or
near the dependent child, or consideration when determining or
implementing a case plan or permanent plan for the dependent child or
make any other request for an order which may be shown to be in the
best interest of the dependent child.  The court may appoint a
guardian ad litem to file the petition for the dependent child
asserting the sibling relationship if the court determines that the
appointment is necessary for the best interests of the dependent
child.  The petition shall be verified and shall set forth the
following:
   (1) Through which parent he or she is related to the dependent
child.
   (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 the
dependent child.
   (c) If it appears that the best interests of the child may be
promoted by the proposed change of order, recognition of a sibling
relationship, or termination of jurisdiction, the court shall order
that a hearing be held and shall give prior notice, or cause prior
notice to be given, to the persons and by the means prescribed by
Section 386, and, in those instances in which the means of giving
notice is not prescribed by those sections, then by means the court
prescribes.
389.  (a) In any case in which a petition has been filed with a
juvenile court to commence proceedings to adjudge a person a
dependent child of the court, in any case in which a person is cited
to appear before a probation officer or is taken before a probation
officer pursuant to Section 307, or in any case in which a minor is
taken before any officer of a law enforcement agency, the person or
the county probation officer may, five years or more after the
jurisdiction of the juvenile court has terminated as to the person,
or, in a case in which no petition is filed, five years or more after
the person was cited to appear before a probation officer or was
taken before a probation officer pursuant to Section 307 or was taken
before any officer of a law enforcement agency, or, in any case, at
any time after the person has reached the age of 18 years, petition
the court for sealing of the records, including records of arrest,
relating to the person's case, in the custody of the juvenile court
and probation officer and any other agencies, including law
enforcement agencies, and public officials as petitioner alleges, in
his petition, to have custody of such records. The court shall notify
the district attorney of the county and the county probation
officer, if he is not the petitioner of the petition, and such
district attorney or probation officer or any of their deputies or
any other person having relevant evidence may testify at the hearing
on the petition.  If, after hearing, the court finds that since such
termination of jurisdiction or action pursuant to Section 307, as the
case may be, he has not been convicted of a felony or of any
misdemeanor involving moral turpitude and that rehabilitation has
been attained to the satisfaction of the court, it shall order sealed
all records, papers, and exhibits in the person's case in the
custody of the juvenile court, including the juvenile court record,
minute book entries, and entries on dockets, and other records
relating to the case in the custody of such other agencies and
officials as are named in the order.  Thereafter, the proceedings in
such case shall be deemed never to have occurred, and the person may
properly reply accordingly to any inquiry about the events, records
of which are ordered sealed.  The court shall send a copy of the
order to each agency and official named therein directing the agency
to seal its records and five years thereafter to destroy the sealed
records.  Each such agency and official shall seal records in its
custody as directed by the order, shall advise the court of its
compliance, and thereupon shall seal the copy of the court's order
for sealing of records that it or he received.  The person who is the
subject of records sealed pursuant to this section may petition the
superior court to permit inspection of the records by persons named
in the petition, and the superior court may so order.  Otherwise,
except as provided in subdivision (b), such records shall not be open
to inspection.
   (b) In any action or proceeding based upon defamation, a court,
upon a showing of good cause, may order any records sealed under this
section to be opened and admitted into evidence.  The records shall
be confidential and shall be available for inspection only by the
court, jury, parties, counsel for the parties, and any other person
who is authorized by the court to inspect them. Upon the judgment in
the action or proceeding becoming final, the court shall order the
records sealed.
   (c) Five years after a juvenile court record has been sealed, the
court shall  order the destruction of the sealed juvenile court
record unless for good cause the court determines that the juvenile
court record shall be retained.  Any other agency in possession of
sealed records shall destroy their records five years after the
records were ordered 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 dismiss
the petition or may set aside the findings and dismiss the petition
if the court finds that the interests of justice and the welfare of
the minor require the dismissal, and that the parent or guardian of
the minor is not in need of treatment or rehabilitation.
391.  At any hearing to terminate jurisdiction over a dependent
child who has reached the age of majority the county welfare
department shall do both of the following:
   (a) Ensure that the child is present in court, unless the child
does not wish to appear in court, or document efforts by the county
welfare department to locate the child when the child is not
available.
   (b) Submit a report verifying that the following information,
documents, and services have been provided to the child:
   (1) Written information concerning the child's dependency case,
including his or her family history and placement history, the
whereabouts of any siblings under the jurisdiction of the juvenile
court, unless the court determines that sibling contact would
jeopardize the safety or welfare of the sibling, directions on how to
access the documents the child is entitled to inspect under Section
827, and the date on which the jurisdiction of the juvenile court
would be terminated.
   (2) The following documents, where applicable: social security
card, certified birth certificate, health and education summary as
described in subdivision (a) of Section 16010, identification card,
as described in Section 13000 of the Vehicle Code, death certificate
of parent or parents, and proof of citizenship or residence.
   (3) Assistance in completing an application for Medi-Cal or
assistance in obtaining other health insurance; referral to
transitional housing, if available, or assistance in securing other
housing; and assistance in obtaining employment or other financial
support.
   (4) Assistance in applying for admission to college or to a
vocational training program or other educational institution and in
obtaining financial aid, where appropriate.
   (5) Assistance in maintaining relationships with individuals who
are important to a child who has been in out-of-home placement in a
group home for six months or longer from the date the child entered
foster care, based on the child's best interests.
   (c) The court may continue jurisdiction if it finds that the
county welfare department has not met the requirements of subdivision
(b) and that termination of jurisdiction would be harmful to the
best interests of the child. If the court determines that continued
jurisdiction is warranted pursuant to this section, the continuation
shall only be ordered for that period of time necessary for the
county welfare department to meet the requirements of subdivision
(b). This section shall not be construed to limit the discretion of
the juvenile court to continue jurisdiction for other reasons. The
court may terminate jurisdiction if the county welfare department has
offered the required services, and the child either has refused the
services or, after reasonable efforts by the county welfare
department, cannot be located.
   (d) The Judicial Council shall develop and implement standards,
and develop and adopt appropriate forms, necessary to implement this
section.