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2014 California Rules of Court

Rule 5.560. General provisions

(a) General authority of the court (§ 385)

Subject to the procedural requirements prescribed by this chapter, an order made by the court may at any time be changed, modified, or set aside.

(Subd (a) amended effective January 1, 2001.)

(b) Subsequent petitions (§§ 297, 342, 360(b), 364)

All procedures and hearings required for an original petition are required for a subsequent petition. Petitioner must file a subsequent petition if:

(1)A child has previously been found to be a person described by section 300 and the petitioner alleges new facts or circumstances, other than those sustained in the original petition, sufficient to again describe the child as a person under section 300 based on these new facts or circumstances;

(2)At or after the disposition hearing the court has ordered that a parent or guardian retain custody of the dependent child and the petitioner receives information providing reasonable cause to believe the child is now, or once again, described by section 300(a), (d), or (e); or

(3)The family is unwilling or unable to cooperate with services previously ordered under section 301.

(Subd (b) amended effective July 1, 2007; previously amended effective January 1, 2001, January 1, 2006, and January 1, 2007.)

(c) Supplemental petition (§§ 297, 387)

A supplemental petition must be used if petitioner concludes that a previous disposition has not been effective in the protection of a child declared a dependent under section 300 and seeks a more restrictive level of physical custody. For purposes of this chapter, a more restrictive level of custody, in ascending order, is

(1)Placement in the home of the person entitled to legal custody;

(2)Placement in the home of a noncustodial parent;

(3)Placement in the home of a relative or friend;

(4)Placement in a foster home; or

(5)Commitment to a private institution.

(Subd (c) amended effective January 1, 2007; previously amended effective January 1, 2001, and January 1, 2006.)

(d) Petition for modification hearing (§§ 297, 388, 778)

A petition for modification hearing must be used if there is a change of circumstances or new evidence that may require the court to:

(1)Change, modify, or set aside an order previously made; or

(2)Terminate the jurisdiction of the court over the child.

(Subd (d) amended effective January 1, 2007; adopted as subd (e); previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2006.)

(e) Filing of petition (§§ 297, 388, 778)

A petition for modification hearing may be filed by:

(1)The probation officer, the parent, the guardian, the child, the attorney for the child, or any other person having an interest in a child who is a ward if the requested modification is not for a more restrictive level of custody;

(2)The social worker, regarding a child who is a dependent, if the requested modification is not for a more restrictive level of custody; or

(3)The parent, the guardian, the child, the attorney for the child, or any other person having an interest in a child who is a dependent.

(Subd (e) amended effective January 1, 2007; adopted as subd (f); previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2006.)

(f) Clerical errors

Clerical errors in judgments, orders, or other parts of the record may be corrected by the court at any time on the court's own motion or on motion of any party and may be entered nunc pro tunc.

(Subd (f) relettered effective January 1, 2001; adopted as subd (g).)

Rule 5.560 amended effective July 1, 2007; adopted as rule 1430 effective January 1, 1991; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2001, and January 1, 2006.

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