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HomeWelfare and Institutions CodeDiv. 2Pt. 1Ch. 2Art. 5.5§ 297 Subsequent Petition Notice Rules

§ 297 Subsequent Petition Notice Rules

Welfare and Institutions Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 297 Subsequent Petition Notice Rules

Key Takeaways

  • •If a new petition is filed for a child, the people involved must be told about it, sometimes by email.
  • •If the child is Native American, special rules apply for telling the family and tribe about the court hearings.
  • •If someone wants to change a court order about a child, there will be a hearing, and the people involved must be told about it.
  • •If a child who is 18 or older asks to change their court order, their parents don’t need to be told.

Example

A mom wants to change the court order so she can see her kid more often.

The court will set a hearing and tell the mom, the kid, and the social worker about it. If the kid is Native American, the tribe will also be told in a special way.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 297 Subsequent Petition Notice Rules

(a) (1) A subsequent petition filed pursuant to Section 342 shall be noticed pursuant to Sections 290.1 and 290.2, except that service may be delivered by electronic service pursuant to Section 212.5. (2) If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, notice of the adjudication and disposition hearings on the subsequent petition shall be given in accordance with Section 224.3. (b) (1) Upon the filing of a supplemental petition pursuant to Section 387, the clerk of the juvenile court shall immediately set the matter for hearing within 30 days of the date of the filing, and the social worker or probation officer shall cause notice thereof to be served upon the persons required by, and in the manner prescribed by, Sections 290.1, 290.2, and 291, except that service may be delivered by electronic service pursuant to Section 212.5. (2) If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, notice of the adjudication and disposition hearings on the supplemental petition shall be given in accordance with Section 224.3. (c) (1) If a petition for modification has been filed pursuant to Section 388, and it appears that the best interest of the child may be promoted by the proposed change of the order, the recognition of a sibling relationship, or the 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 social worker or probation officer and to the child’s attorney of record, or if there is no attorney of record for the child, to the child, his or her parent or parents or legal guardian or guardians or Indian custodian, and the child’s tribe in the manner prescribed by Section 291 unless a different manner is prescribed by the court. (2) If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, and the hearing on the petition for modification pursuant to Section 388 may culminate in an order for foster care placement, termination of parental rights, preadoptive placement, or adoptive placement, notice shall be given in accordance with Section 224.3. (d) On and after January 1, 2012, if a petition for modification has been filed pursuant to subdivision (e) of Section 388 by a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent. (Amended by Stats. 2018, Ch. 833, Sec. 16. (AB 3176) Effective January 1, 2019.)

Last verified: January 23, 2026

Key Terms

petitionprobationindian childnonminor dependent,terminationfinehearingcustody

Related Statutes

  • § 290.1 Juvenile Detention Notice Requirements
  • § 290.2 Juvenile Court Notice Requirements
  • § 291 Hearing Notice Requirements
  • § 292 Review Hearing Notice Requirements
  • § 293 Dependency Hearing Notice Requirements

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Welfare and Institutions Code. Section 297.
View Official Source