California Codes

Cal. Welfare and Institutions Code § 362.4 (2026)

✓ current as of May 2026

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(a)If the juvenile court terminates its jurisdiction over a minor who has been adjudged a dependent child of the juvenile court prior to the minor’s attainment of the age of 18 years, and proceedings for dissolution of marriage, for nullity of marriage, or for legal separation, of the minor’s parents, or proceedings to establish the paternity of the minor child brought under the Uniform Parentage Act, Part 3 (commencing with Section 7600) of Division 12 of the Family Code, are pending in the superior court of any county, or an order has been entered with regard to the custody of that minor, the juvenile court on its own motion, may issue a protective order as provided for in Section 213.5 or as defined in Section 6218 of the Family Code, and an order determining the custody of, or visitation with, the child.

(b)Any order issued pursuant to this section shall continue until modified or terminated by a subsequent order of the superior court. The order of the juvenile court shall be filed in the proceeding for nullity, dissolution, or legal separation, or in the proceeding to establish paternity, at the time the juvenile court terminates its jurisdiction over the minor, and shall become a part thereof.

(c)If no action is filed or pending relating to the custody of the minor in the superior court of any county, the juvenile court order may be used as the sole basis for opening a file in the superior court of the county in which the parent, who has been given custody, resides. The court may direct the parent or the clerk of the juvenile court to transmit the order to the clerk of the superior court of the county in which the order is to be filed. The clerk of the superior court shall, immediately upon receipt, open a file, without a filing fee, and assign a case number.

(d)The clerk of the superior court shall, upon the filing of any juvenile court custody order, send a copy of the order with the case number by first-class mail or by electronic means pursuant to Section 212.5 to the juvenile court and to the parents at the address listed on the order.

(e)The Judicial Council shall adopt forms for any custody or restraining order issued under this section. These form orders shall not be confidential.

Notes of Decisions

Cited in 15 cases (7 in the last 5 years), 1992–2025 · leading case: Heidi S. v. David H., 1 Cal. App. 5th 1150 (Cal. Ct. App. 2016).

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Heidi S. v. David H., 1 Cal. App. 5th 1150 (Cal. Ct. App. 2016). “Welfare and Institutions Code section 362.”

In Re Michael B., 8 Cal. App. 4th 1698 (Cal. Ct. App. 1992). “[11] Welfare and Institutions Code section 362.”

Garcia v. Escobar, 225 Cal. Rptr. 3d 300 (Cal. Ct. App. 5th 2017). “Welfare and Institutions Code section 362.”

In Re Maribel T., 116 Cal. Rptr. 2d 631 (Cal. Ct. App. 2002). “[2] Welfare and Institutions Code section 362.”

Los Angeles Cnty. Dep't of Child. & Fam. Servs. v. Claudia B., 2002 Cal. Daily Op. Serv. 1434 (Cal. Ct. App. 2002). “Welfare and Institutions Code section 362.”

Los Angeles Cnty. Dep't of Child.'s Servs. v. Virginia B., 92 Cal. Daily Op. Serv. 7398 (Cal. Ct. App. 1992). “Welfare and Institutions Code section 362.”

In re Julie F. CA2/6 (Cal. Ct. App. 2016). “1 Welfare and Institutions Code section 362.”

Garcia v. Escobar (Cal. Ct. App. 2017). “) Like the 2 Welfare and Institutions Code section 362.”

In re Jacob S. CA2/2 (Cal. Ct. App. 2021). “In a letter filed with this court, 4 the Department noted that “appellant’s appeal appears to be an effort to correct a clerical error,” and stated that the Department took no position and would not be filing a formal respondent’s brief.”

In Re A.C. ca2/8 (Cal. Ct. App. 2021). “Welfare and Institutions Code section 362.”

In re Hailey G. CA2/8 (Cal. Ct. App. 2023). “Governing Law and Standard of Review Welfare and Institutions Code section 362.”

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