This code section explains how CPS needs to file another Petition when they remove a child placed with the parents, family or non-relative kinship/guardian (a person somehow related to the family or is a close friend): So, if CPS removed your child but allowed the child to come home but the case is still open and you have to participate in “services”, then they come and remove the child AGAIN, OR your child was removed and placed with, say, your mom, but then CPS comes to remove the child from mom’s house, or if your child was removed and placed with a non-relative kinship and they come to remove the child from them, then they MUST file another document called a 387-Supplemental.
(Every State has rules, laws, statutes, codes or other court regulations that govern CPS court. If I do not have the links on the side under your state, just Google, “CPS laws” or “Child Welfare Statutes” or “Child Protection Codes” and you should be able to find them.)
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).
Many people ask about a “388 hearing”, well, here is the California Welfare & Institutions Code for that:
388. (a) (1) Any parent or other person having an interest in a child who is a dependent child of the juvenile court or a nonminor dependent as defined in subdivision (v) of Section 11400, or the child himself or herself or the nonminor dependent 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 or the nonminor dependent shall state the petitioner’s relationship to or interest in the child or the nonminor dependent and shall setforth in concise language any change of circumstance or new evidence that is alleged to require the change of order or termination of jurisdiction. (2) When any party, including a child who is a dependent of the juvenile court, petitions the court prior to an order terminating parental rights, to modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or to modify any orders related to custody or visitation of the subject child, and the court orders a hearing pursuant to subdivision (d), the court shall modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or any orders related to the custody or visitation of the child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, only if the court finds by clear and convincing evidence that the proposed change is in the best interests of the child. (b) Any person, including a child or the nonminor dependent 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 courtmay appoint a guardian ad litem to file the petition for thedependent child asserting the sibling relationship if the courtdetermines 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 thedependent child. (c) (1) Any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by subparagraph (A) of paragraph (1) of subdivision (a) of Section 361.5, or prior to the hearing set pursuant to subdivision (e) ofSection 366.21 for a child described by subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 361.5, to terminate court-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 a substantial likelihood that reunification will not occur, including, but not limited to, the parent’s or guardian’s failure to visit the child, or the failure of the parent or guardian to participate regularly and make substantive progress in a court-ordered treatment plan. (2) In determining whether the parent or guardian has failed to visit the child or participate regularly or make progress in the treatment plan, the court shall consider factors that include but are not limited to, the parent’s or guardian’s incarceration, institutionalization, detention by the United States Department of Homeland Security, deportation, or participation in a court-ordered residential substance abuse treatment program. (3) The court shall terminate reunification services during the above-described time periods only upon a finding by a preponderance of evidence that reasonable services have been offered or provided, and upon a finding of clear and convincing evidence that one of the conditions in subparagraph (A) or (B) of paragraph (1) exists. (4) Any party, including a nonminor dependent, as defined insubdivision (v) of Section 11400, may petition the court prior to the review hearing set pursuant to subdivision (d) of Section 366.31 to terminate the continuation of court-ordered family reunification services for a nonminor dependent who has attained 18 years of age. The court shall terminate family reunification services to the parent or guardian if the nonminor dependent or parent or guardian are not in agreement that the continued provision of court-ordered family reunification services is in the best interests of the nonminordependent. (5) If the court terminates reunification services, it shall order that a hearing pursuant to Section 366.26 be held within 120 days. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent. The court may order a nonminor dependent who is otherwise eligible to AFDC-FC benefits pursuant to Section 11403 to remain in a planned, permanent living arrangement. (d) If it appears that the best interests of the child or the nonminor dependent may be promoted by the proposed change of order, modification of reunification services, custody, or visitation orders concerning a child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, recognition of a sibling relationship, termination of jurisdiction, or clear and convincing evidence supports revocation or termination of court-ordered reunification services, the court shallorder that a hearing be held and shall give prior notice, or cause prior notice to be given, to the persons and in the manner prescribed by Section 386, and, in those instances in which the manner of giving notice is not prescribed by those sections, then in the manner the court prescribes. (e) (1) On and after January 1, 2012, a nonminor who attained 18 years of age while subject to an order for foster care placement and, commencing January 1, 2012, who has not attained 19 years of age, or, commencing January 1, 2013, 20 years of age, or, commencing January 1, 2014, 21 years of age, or as described in Section 10103.5, for whom the court has dismissed dependency jurisdiction pursuant toSection 391, or delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452, but has retained general jurisdiction under subdivision (b) of Section 303, or the county child welfare services, probation department, or tribal placing agency on behalf of the nonminor, may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile court, for a hearing to resume the dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450. The petition shall be filed within the period that the nonminor is of the age described in this paragraph. If thenonminor has completed the voluntary reentry agreement, as described in subdivision (z) of Section 11400, with the placing agency, the agency shall file the petition on behalf of the nonminor within 15 judicial days of the date the agreement was signed unless the nonminor elects to file the petition at an earlier date. (2) (A) The petition to resume jurisdiction may be filed in the juvenile court that retains general jurisdiction under subdivision (b) of Section 303, or the petition may be submitted to the juvenile court in the county where the youth resides and forwarded to the juvenile court that retained general jurisdiction and filed with that court. The juvenile court having general jurisdiction under Section 303 shall receive the petition from the court where the petition was submitted within five court days of its submission, if the petition is filed in the county of residence. The juvenile court that retained general jurisdiction shall order that a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria: (i) He or she was previously under juvenile court jurisdiction, subject to an order for foster care placement when he or she attained 18 years of age, and has not attained the age limits described in paragraph (1). (ii) He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. (iii) He or she wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement as described in subdivision (z) of Section 11400. (B) Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 386, except that notice to parents or former guardians shall not be provided unless the nonminor requests, in writing on the face of the petition, notice to the parents or former guardians. (3) The Judicial Council, by January 1, 2012, shall adopt rules of court to allow for telephonic appearances by nonminor former dependents or delinquents in these proceedings, and for telephonic appearances by nonminor dependents in any proceeding in which the nonminor dependent is a party, and he or she declines to appear and elects a telephonic appearance. (4) Prior to the hearing on a petition to resume dependencyjurisdiction or to assume or resume transition jurisdiction, the court shall order the county child welfare or probation department to prepare a report for the court addressing whether the nonminor intends to satisfy at least one of the criteria set forth in subdivision (b) of Section 11403. When the recommendation is for the nonminor dependent to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5, may be used by the placing agency to determine appropriate placement options for the nonminor. The existence of a criminal conviction is not a bar to eligibility for reentry or resumption of dependency jurisdiction or the assumption or resumption of transition jurisdiction over a nonminor. (5) (A) The court shall resume dependency jurisdiction over a former dependent or assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450, and order that the nonminor’s placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following: (i) The nonminor was previously under juvenile court jurisdiction subject to an order for foster care placement when he or she attained 18 years of age. (ii) The nonminor has not attained the age limits described in paragraph (1). (iii) Reentry and remaining in foster care are in the nonminor’s best interests. (iv) The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency and to satisfy the criteria by signing the voluntary reentry agreement as described in subdivision (z) of Section 11400. (B) In no event shall the court grant a continuance that would cause the hearing to resume dependency jurisdiction or to assume or resume transition jurisdiction to be completed more than 120 days after the date the petition was filed. (C) The agency made responsible for the nonminor’s placement and care pursuant to subparagraph (A) shall prepare a new transitional independent living case plan within 60 calendar days from the date the nonminor signed the voluntary reentry agreement as described in subdivision (z) of Section 11400 and submit it to the court for the review hearing under Section 366.31, to be held within 70 days of the resumption of dependency jurisdiction or assumption or resumption of transition jurisdiction. In no event shall the review hearing under Section 366.3 be held more than 170 calendar days from the date the nonminor signed the voluntary reentry agreem
Watch this video and understand what is going on in America and Great Britten. This is a long video but full of information on what to do. This is just as relevant in other countries as well as the United States. Lets make this movement so big that the government understands we will defend our children to our death. To leave our child alone. We will not take this any longer.
It is time people stop believing and calling Child Protective Services. It is a fact that children are abused far more often in CPS care. If you call CPS on a family the chance these children will be abused goes up by 80% Watch this video and see where your tax dollars are going.
Recently my brother had CPS come to his door because his neighbor didn’t like his kids playing outside in the backyard and making noise! The social workers made up some bullcrap about a messy house and said that everyone in the house had to drug test immediately. Our grandma lives there with my brother and she has arthritis and cancer real bad so she takes some morphine prescribed by her dr. She couldn’t barely get to the place to test and when she got there she had a hard time peeing in front of strangers. Her test came back positive for opiates so without even calling to talk to my brother about it, they just went to the school and took the kids saying that grandma was a danger to the kids and that she had to move out or go to substance abuse classed and not take her medication.
My brother had to put my grandma in a nursing home 6 months ago and CPS has made my brother take all kinds of classes and take off of work while grandma is all lonely and has no one. She ‘s not doing too good when before she was doing ok and was happy with all her grandkids around her. My brother says that the social workers tell him how adoptable his kids are and that they are happy in foster care so its best for the children to get adopted by that foster lady who I learned has a criminal record for assault upon a police officer!
IF IT WERE ME, CPS WOULD NEVER HAVE EVEN LEFT THE FRONT PORCH THE FIRST TIME THEY CAME! THEY WOULD TAKE MY KIDS OVER MY DEAD BODY! WHY DID YOU PEOPLE LET THEM ALL LIVE? IF WHAT HAPPENED TO YOU HAPPENED TO ME, THEY WOULD ALL BE NOT BREATHING! YOU PEOPLE WERE BRAVE TO RESCUE YOUR SON BUT COWARDS FOR NOT DOING ANYTHING ELSE ABOUT IT. ANY OTHER KIDNAPPER (CPS) WOULD BE HUNTED DOWN LIKE DOGS BUT THIS FU*****G CPS GETS AWAY WITH IT LIKE IT IS PLANNED AND SUPPORTED BY THE GOVERNMENT!
–Joe, Indianapolis, IN
I hear you but what do you do when you have other children who were almost 18 and over 18 who would miss you or end up involved in more trouble because everyone believes that CPS is right and correct so they enforce orders that don’t even exist? Police were after us, ex-wives were after us, we had friends who ended up ratting us out and we were wrongfully convicted of child stealing and in jail for 6 months and then me and my daughter were held unreasonably long while our rights were terminated. We were charged for things that we didn’t do (my daughter was OVERCHARGED and I was guilty by association) and that was because our case was in the same corrupt courthouse that our dependency “case” was in. My public defender even told me that I must have pissed off someone in the DA’s office because I was fu**cked.
Now my son has been adopted and there is a restraining order against us. What the heck are we supposed to do? Go take him and upset him, his life and the adopted parents who seem like generally decent people who just believe CPS’s bullshit? Our son probably thinks that the adopted parents are his real parents now since he was so young when all this happened. On top of that, the adoptive dad works for HOMELAND SECURITY! We just have to wait until he turns 18 in 12 years because they won’t let us see him!
It is easy to say that CPS would never get your kids and that you would kill them if they tried but how do-able is that really? You have no idea how it feels to have your hands as tied as ours. I really hope your brother gets his kids back and that you never have any kids that CPS takes from you. I can tell that it would be all bad for everyone but they would deserve what they got. I wish more parents would stand up to this evil conspiracy then maybe social workers would think twice before taking innocent parent’s kids away.
Thanks for writing, wish you brother the best for me, OK?