JV-180 Motion in San Bernardino CPS

What is a 388 Petition in a CPS Case in California?

A JV-180 Motion in San Bernardino CPS or 388 Petition is a legal request to the court to change a child’s placement or to modify court orders in a California Child Protective Services (CPS) case. It is typically filed by a parent, guardian, or other interested party seeking to alter the terms of the dependency case—often when there has been a significant change in circumstances or new information that could affect the child’s welfare or reunification with their parent.

A JV-180 Motion in San Bernardino CPS and/or 388 Petition is commonly used by parents who wish to regain custody of their child, change visitation terms, or request that the child be placed with a relative or in a less restrictive setting.

Who Can File a JV-180 Motion in San Bernardino CPS?

A 388 Petition and/or JV-180 Motion in San Bernardino CPS can be filed by the following parties:

• Parents: A parent who is seeking to reunify with their child or modify a previous court order.
• Legal Guardians: A legal guardian who wants to change a previous ruling regarding the child’s placement or welfare.
• Children’s Attorneys: An attorney representing the child may file a 388 petition to request a change in the child’s placement or services.
• Others with Interest: In some cases, a relative, foster parent, or other interested party may file a petition if they can demonstrate a valid interest in the child’s welfare.

When Can a JV-180 Motion in San Bernardino CPS Petition Be Filed?

A JV-180 Motion in San Bernardino CPS and/or a 388 Petition can be filed at any time during the dependency proceedings, including:

1. Before the Jurisdiction Hearing: If new information arises before the jurisdiction hearing that could change the child’s placement or welfare.
2. After Reunification Efforts: After the court has ordered reunification services and the parent believes they have made sufficient progress to regain custody.
3. After a Status Review or Disposition Hearing: If the circumstances change significantly after a status review hearing, disposition hearing, or other stages of the case.
4. During a Reunification Period: A parent or guardian may file a petition to request changes in their reunification plan, such as more time for services or a change in visitation.
5. Post-Termination of Parental Rights: If a parent’s rights have been terminated, they can still file a 388 Petition if new circumstances arise that warrant reconsideration of the court’s decision.

What Must Be Proven in a JV-180 Motion in San Bernardino CPS?

The person filing the JV-180 Motion in San Bernardino CPS and/or a 388 Petition must prove that there has been a substantial change in circumstances and that the requested change is in the best interests of the child. Specifically, the petitioner must show:

1. Substantial Change in Circumstances: The person filing must demonstrate that there has been a significant change in the circumstances that led to the child’s current situation. This could include:
   • The parent has completed or is actively participating in court-ordered services (such as drug treatment, counseling, or parenting classes).
   • The parent or guardian has demonstrated stability in their home, employment, or personal life that shows they can now provide for the child.
   • There is a new placement option that is more suitable for the child (e.g., a relative can now care for the child, or the parent is in a better position to care for the child).
2. Best Interests of the Child: The person filing the petition must also prove that the requested change will benefit the child. This could include showing that the child will be safer, healthier, or more emotionally stable in the new placement or with the proposed changes in their case plan.

Key Aspects of a JV-180 Motion in San Bernardino CPS

1. Filing Process:
   • The JV-180 Motion in San Bernardino CPS and/or 388 Petition must be filed with the dependency court, and a hearing will be scheduled.
   • The petition must include detailed evidence of the change in circumstances and how it benefits the child.
   • It’s important to include supporting documentation, such as certificates of completed programs, letters from therapists or service providers, or other evidence showing progress.
2. Court Hearing:
   • A hearing will be scheduled where the petitioner presents their case.
   • The court will hear arguments from CPS and may consider the child’s best interests, the parent’s progress, and the child’s current situation.
   • The court may either approve or deny the petition based on the evidence presented.
3. Outcome of a 388 Petition:
   • If the court grants the petition, it may modify placement orders, allow the child to be returned to the parent, adjust visitation terms, or make other changes to the case plan.
   • If the petition is denied, the original court orders will remain in place.

How Shaw 3 Law Firm Can Help with a JV-180 Motion in San Bernardino CPS

At Shaw 3 Law Firm, we understand that the CPS case process can be overwhelming, and we are here to help you navigate the complexities of a 388 Petition. Here’s how our experienced legal team can assist:

1. Filing a Strong 388 Petition: We can help you gather the necessary evidence and documentation to demonstrate a substantial change in circumstances. Whether you’ve completed reunification services, stabilized your living conditions, or have a new placement option, we’ll help you present the best possible case.
2. Advocating for Your Parental Rights: If you are a parent seeking to regain custody of your child, we will fight for your parental rights and advocate for the best outcome. We will work to ensure that the court recognizes your efforts to reunify with your child.
3. Representing Other Interested Parties: If you are a relative, foster parent, or other interested party, we can help you file a 388 Petition to request a change in the child’s placement or to intervene in the case. We’ll help you navigate the process and demonstrate your interest in the child’s well-being.
4. Challenging CPS Evidence: If CPS is opposing the petition or presenting evidence that isn’t accurate, we will vigorously challenge their claims and provide the court with a balanced perspective of the case.
5. Maximizing Reunification Efforts: If you are seeking to modify your reunification plan, we can help you argue that the changes you’ve made justify a modification of the court’s orders. We’ll help you show that you are ready to provide a safe and stable environment for your child.
6. Post-Termination of Parental Rights: If your parental rights have been terminated but you believe that new circumstances warrant a reconsideration, we will help you file a 388 Petition and present evidence that supports your case for reunification.

Contact Shaw 3 Law Firm for Help with Your 388 Petition

If you are considering filing a 388 Petition in a CPS case, or if you need help responding to one, Shaw 3 Law Firm is here to assist. We are dedicated to helping parents, guardians, and other interested parties navigate the complexities of CPS cases and work toward the best interests of the child.

Contact us today to schedule a consultation and learn how we can support your efforts to modify court orders and achieve the best outcome for your family.

Shaw 3 Law Firm also handles cases in Riverside County, Los Angeles County and Orange County. Our attorneys are here to provide the legal guidance you need to protect your family.