Cal. Welf. and Inst. Code § 297

Current through the 2023 Legislative Session.
Section 297 - Notice applicable to subsequent petition; hearing upon supplemental petition; hearing and notice on petition for modification
(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.

Ca. Welf. and Inst. Code § 297

Amended by Stats 2018 ch 833 (AB 3176),s 16, eff. 1/1/2019.
Amended by Stats 2017 ch 319 (AB 976),s 125, eff. 1/1/2018.
Amended by Stats 2010 ch 559 (AB 12),s 6.7, eff. 1/1/2011.
Amended by Stats 2006 ch 838 (SB 678),s 43, eff. 1/1/2007.
Added by Stats 2002 ch 416 (SB 1956),s 1, eff. 1/1/2003.