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63 California opinions name it 1 courts 2013–2026 34 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
In Re Anthony W.green2 sentences2026(In re G.B., supra, 227 Cal.App.4th at p. 1157 ; Cal. Rules of Court, rule 5.570(d)(1) & (2).) “ ‘A prima facie case is made if the allegations demonstrate that these two elements are supported by probable cause. [Citations.] It is not made, however, if the allegations would fail to sustain a favorable decision even if they were found to be true at a hearing. [Citations.] While the petition must be liberally construed in favor of its sufficiency [citations], the allegations must nonetheless describe specifically how the petition will advance the child’s best interests.’ [Citation.] In determin 2014A parent seeking modification of a prior juvenile court order pursuant to section 388 need only “ ‘make a prima facie showing to trigger the right to proceed by way of a full hearing. [Citation.]’ (In re Marilyn H. (1993) 5 Cal.4th 295, 310 [ 19 Cal.Rptr.2d 544 , 851 P.2d 826 ]; In re Jeremy W. (1992) 3 Cal.App.4th 1407, 1412-1414 [ 5 Cal.Rptr.2d 148 ].)” (In re Anthony W. (2001) 87 Cal.App.4th 246, 250 .) “There are two parts to the prima facie showing: The parent must demonstrate (1) a genuine change of circumstances or new evidence, and that (2) revoking the previous order would be in the b | 3 | 5 |
In Re Zachary G.green2 sentences2015A parent may bring a petition for modification of any order of the juvenile court pursuant to section 388 based on new evidence or a showing of changed circumstances.4 “The parent requesting the change of order has the burden of establishing that the change is justified.” (In re Michael B. (1992) 8 Cal.App.4th 1698, 1703 .) To establish the right to an evidentiary hearing, the petition must include facts that make a prima facie showing there is a change in circumstances and “the best interests of the child may be promoted by the proposed change of order.” (In re Daijah T. (2000) 83 Cal.App.4th 2014A parent may bring a petition for modification of any order of the juvenile court pursuant to section 388 based on new evidence or a showing of changed circumstances.1 1 Section 388 provides, in part: “Any parent . . . may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court . . . for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court.” (§ 388, subd. (a)(1).) The court must set a hearing if “it appears that | 3 | 5 |
In Re Angel B.green2 sentences2022Section 388 Petition To establish entitlement of modification of a prior juvenile court order under section 388, the petitioning parent must show (1) “a change of circumstances,” and (2) that the “modification of the prior order would be in the best interests of the minor child.” (In re Ernesto R. (2014) 230 Cal.App.4th 219, 223 ; In re Mickel O. (2011) 197 Cal.App.4th 586, 615 (Mickel O.).) In evaluating the petition, the juvenile court “may consider the entire factual procedural history of the case.” (Mickel O., at p. 616.) The burden of making each showing rests with the parent (In re Angel 2021Section 388 Petition A. Applicable law To establish entitlement to modification of a prior juvenile order under section 388, the petitioning parent must show (1) “a change of circumstances,” and (2) that the “modification of the prior order would be in the best interests of the minor child.” (In re Ernesto R. (2014) 230 Cal.App.4th 219, 223 ; In re Mickel O. (2011) 197 Cal.App.4th 586, 615 (Mickel O.).) The burden of making each showing rests with the parent (In re Angel B. (2002) 97 Cal.App.4th 454, 461 (Angel B.)), and that burden is particularly heavy where, as here, reunification services | 3 | 4 |
Brendan O. v. Merced County Human Services Agencygreen2 sentences2022Section 388 Petition To establish entitlement of modification of a prior juvenile court order under section 388, the petitioning parent must show (1) “a change of circumstances,” and (2) that the “modification of the prior order would be in the best interests of the minor child.” (In re Ernesto R. (2014) 230 Cal.App.4th 219, 223 ; In re Mickel O. (2011) 197 Cal.App.4th 586, 615 (Mickel O.).) In evaluating the petition, the juvenile court “may consider the entire factual procedural history of the case.” (Mickel O., at p. 616.) The burden of making each showing rests with the parent (In re Angel 2021Section 388 Petition A. Applicable law To establish entitlement to modification of a prior juvenile order under section 388, the petitioning parent must show (1) “a change of circumstances,” and (2) that the “modification of the prior order would be in the best interests of the minor child.” (In re Ernesto R. (2014) 230 Cal.App.4th 219, 223 ; In re Mickel O. (2011) 197 Cal.App.4th 586, 615 (Mickel O.).) The burden of making each showing rests with the parent (In re Angel B. (2002) 97 Cal.App.4th 454, 461 (Angel B.)), and that burden is particularly heavy where, as here, reunification services | 3 | 3 |
In Re Stephanie M.green2 sentences2016(In re Stephanie M. (1994) 7 Cal.4th 295, 318-319 (Stephanie M.); In re Robert L. (1993) 21 Cal.App.4th 1057, 1067 .) To establish the right to an evidentiary hearing, the petition must include facts which make a prima facie showing that there is a change in circumstances and “the best interests of the child may be promoted by the proposed change in order.” (In re Daijah T. (2000) 83 Cal.App.4th 666, 672-673 ; see also In re Zachary G. (1999) 77 Cal.App.4th 799, 806 ; In re Jeremy W. (1992) 3 Cal.App.4th 1407, 1414 ; Cal. Rules of Court, rule 5.570(e)(1).) “In determining whether the petition 2016(In re Stephanie M. (1994) 7 Cal.4th 295, 318-319 ; In re Robert L. (1993) 21 Cal.App.4th 1057, 1067 .) The best interests of the child are of paramount consideration when the petition is brought after termination of reunification services. | 2 | 12 |
In Re Marilyn Hgreen2 sentences2015Section 388 provides [an] ‘escape mechanism’ . . . to allow the court to consider new information.” (In re Marilyn H., supra, 5 Cal.4th at p. 309 .) As mentioned above, mother was obligated to petition the juvenile court pursuant to section 388 to raise issues pertaining to any change in circumstances after the reunification period that may justify a change in any reunification order. 2014A parent seeking modification of a prior juvenile court order pursuant to section 388 need only “ ‘make a prima facie showing to trigger the right to proceed by way of a full hearing. [Citation.]’ (In re Marilyn H. (1993) 5 Cal.4th 295, 310 [ 19 Cal.Rptr.2d 544 , 851 P.2d 826 ]; In re Jeremy W. (1992) 3 Cal.App.4th 1407, 1412-1414 [ 5 Cal.Rptr.2d 148 ].)” (In re Anthony W. (2001) 87 Cal.App.4th 246, 250 .) “There are two parts to the prima facie showing: The parent must demonstrate (1) a genuine change of circumstances or new evidence, and that (2) revoking the previous order would be in the b | 2 | 6 |
Daijah T. v. Felicia W.green2 sentences2015We agree. 5 A parent may bring a petition for modification of any order of the juvenile court pursuant to section 388 based on new evidence or a showing of changed circumstances.3 The petition for modification must include facts showing a change in circumstances and that “the best interests of the child may be promoted by the proposed change of order.” (In re Daijah T. (2000) 83 Cal.App.4th 666, 672 .) In considering a petition for modification, the juvenile court’s first task is to determine whether there is a right to an evidentiary hearing or whether the petition may be denied without a hea 2015A parent may bring a petition for modification of any order of the juvenile court pursuant to section 388 based on new evidence or a showing of changed circumstances.4 “The parent requesting the change of order has the burden of establishing that the change is justified.” (In re Michael B. (1992) 8 Cal.App.4th 1698, 1703 .) To establish the right to an evidentiary hearing, the petition must include facts that make a prima facie showing there is a change in circumstances and “the best interests of the child may be promoted by the proposed change of order.” (In re Daijah T. (2000) 83 Cal.App.4th | 1 | 30 |
Orange County Social Services Agency v. Doris F.green2 sentences2023(In re Daijah T. (2000) 83 Cal.App.4th 666, 672 ; In re Kimberly F. (1997) 56 Cal.App.4th 519, 526 .) The petitioner has the burden of proof on both points by a preponderance of the evidence. 2022(In re Daijah T. (2000) 83 Cal.App.4th 666, 672 ; In re Kimberly F. (1997) 56 Cal.App.4th 519, 526 .) The petitioner has the burden of proof on both points by a preponderance of the evidence. | 1 | 6 |
In Re Jeremy W.green2 sentences2015A parent may bring a petition for modification of any order of the juvenile court pursuant to section 388 based on new evidence or a showing of changed circumstances.4 “The parent requesting the change of order has the burden of establishing that the change is justified.” (In re Michael B. (1992) 8 Cal.App.4th 1698, 1703 .) To establish the right to an evidentiary hearing, the petition must include facts that make a prima facie showing there is a change in circumstances and “the best interests of the child may be promoted by the proposed change of order.” (In re Daijah T. (2000) 83 Cal.App.4th 2014A parent may bring a petition for modification of any order of the juvenile court pursuant to section 388 based on new evidence or a showing of changed circumstances.1 1 Section 388 provides, in part: “Any parent . . . may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court . . . for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court.” (§ 388, subd. (a)(1).) The court must set a hearing if “it appears that | 1 | 5 |
San Diego County Health & Human Services Agency v. Y.M.green1 sentence2020(See In re Y.M. (2012) 207 Cal.App.4th 892, 912 [parent may petition juvenile court pursuant to section 388 to dismiss dependency jurisdiction based on allegations the child’s best interests would be promoted by terminating jurisdiction pursuant to section 390; “[o]nce that prima facie showing has been made and a hearing is held, the court may dismiss the dependency petition if the court finds that ‘the interests of justice and the welfare of the minor require the dismissal, and that the parent or 8 guardian of the minor is not in need of treatment or rehabilitation,’” quoting section 390].) W | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re Michael B.
green
2 sentences2016A parent may bring a petition for modification of any order of the juvenile court pursuant to section 388 based on new evidence or a showing of changed circumstances.2 “The parent requesting the change of order has the burden of establishing that the change 2 Section 388, subdivision (a)(1), provides, in part: “Any parent . . . may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court . . . for a hearing to change, modify, or set aside any order of court previously made or to ter 2016A parent may bring a petition for modification of any order of the juvenile court pursuant to section 388 based on new evidence or a showing of changed circumstances.3 “The parent requesting the change of order has the burden of establishing that the change is justified. [Citation.] The standard of proof is a preponderance of the evidence. [Citation.]” (In re Michael B. (1992) 8 Cal.App.4th 1698, 1703 .) Determination of a petition to modify is committed to the sound discretion of the juvenile court and, absent a 3 Section 388 provides, in part: “Any parent . . . may, upon grounds of change of | 12 | 2013–2016 |
San Joaquin County Department of Human Services v. Gary L.
green
2 sentences2016(In re Stephanie M. (1994) 7 Cal.4th 295, 318-319 (Stephanie M.); In re Robert L. (1993) 21 Cal.App.4th 1057, 1067 .) To establish the right to an evidentiary hearing, the petition must include facts which make a prima facie showing that there is a change in circumstances and “the best interests of the child may be promoted by the proposed change in order.” (In re Daijah T. (2000) 83 Cal.App.4th 666, 672-673 ; see also In re Zachary G. (1999) 77 Cal.App.4th 799, 806 ; In re Jeremy W. (1992) 3 Cal.App.4th 1407, 1414 ; Cal. Rules of Court, rule 5.570(e)(1).) “In determining whether the petition 2016(In re Stephanie M. (1994) 7 Cal.4th 295, 318-319 ; In re Robert L. (1993) 21 Cal.App.4th 1057, 1067 .) The best interests of the child are of paramount consideration when the petition is brought after termination of reunification services. | 11 | 2013–2016 |
In Re Nolan W.
green
2 sentences2026He argues that the court abused its discretion by applying a “simple best interest test.” A. Legal Principles A petition to modify a juvenile court order under section 388 must allege facts showing new evidence or changed circumstances exist and changing the order will serve the child’s best interests. (§ 388, subd. (a); In re Nolan W. (2009) 45 Cal.4th 1217, 1235 .) The petitioner has the burden of proof by a preponderance of the evidence. 2026A. Legal Principles A petition to modify a juvenile court order under section 388 must allege facts showing new evidence or changed circumstances exist and changing the order will serve the child’s best interests. (§ 388, subd. (a); In re Nolan W. (2009) 45 Cal.4th 1217, 1235 .) The petitioner has the burden of proof by a preponderance of the evidence. | 9 | 2020–2026 |
Marin County Health & Human Services Department v. D.J.
green
2 sentences2026(In re G.B., supra, 227 Cal.App.4th at p. 1157 ; Cal. Rules of Court, rule 5.570(d)(1) & (2).) “ ‘A prima facie case is made if the allegations demonstrate that these two elements are supported by probable cause. [Citations.] It is not made, however, if the allegations would fail to sustain a favorable decision even if they were found to be true at a hearing. [Citations.] While the petition must be liberally construed in favor of its sufficiency [citations], the allegations must nonetheless describe specifically how the petition will advance the child’s best interests.’ [Citation.] In determin 2024(In re G.B., supra, 227 Cal.App.4th 1147, 1157 ; Cal. Rules of Court, rule 5.570(d)(1) & (2).) “ ‘A prima facie case is made if the allegations demonstrate that these two elements are supported by probable cause. [Citations.] It is not made, however, if the allegations would fail to sustain a favorable decision even if they were found to be true at a hearing. [Citations.] While the petition must be liberally construed in favor of its sufficiency [citations], the allegations must nonetheless describe specifically how the petition will advance the child’s best interests.’ [Citation.] In determin | 4 | 2020–2026 |
San Francisco Human Services Agency v. Karen R.
green
2 sentences2026(In re G.B. (2014) 227 Cal.App.4th 1147, 1158 .) A petition to change or modify a juvenile court order under section 388 must factually allege that: (1) there are changed circumstances or new evidence to justify the requested order, and (2) the requested order would serve the minor’s best interests. 2024(In re G.B. (2014) 227 Cal.App.4th 1147, 1158 .) A petition to change or modify a juvenile court order under section 388 must factually allege that there are (1) changed circumstances or new evidence to justify the requested order, and (2) that the requested order would serve the minors’ best interests. | 4 | 2020–2026 |
Santa Barbara County Child Welfare Services v. Jasmin R.
green
2 sentences2022Section 388 Petition To establish entitlement of modification of a prior juvenile court order under section 388, the petitioning parent must show (1) “a change of circumstances,” and (2) that the “modification of the prior order would be in the best interests of the minor child.” (In re Ernesto R. (2014) 230 Cal.App.4th 219, 223 ; In re Mickel O. (2011) 197 Cal.App.4th 586, 615 (Mickel O.).) In evaluating the petition, the juvenile court “may consider the entire factual procedural history of the case.” (Mickel O., at p. 616.) The burden of making each showing rests with the parent (In re Angel 2021Section 388 Petition A. Applicable law To establish entitlement to modification of a prior juvenile order under section 388, the petitioning parent must show (1) “a change of circumstances,” and (2) that the “modification of the prior order would be in the best interests of the minor child.” (In re Ernesto R. (2014) 230 Cal.App.4th 219, 223 ; In re Mickel O. (2011) 197 Cal.App.4th 586, 615 (Mickel O.).) The burden of making each showing rests with the parent (In re Angel B. (2002) 97 Cal.App.4th 454, 461 (Angel B.)), and that burden is particularly heavy where, as here, reunification services | 3 | 2020–2022 |
In Re Jackson W.
green
2 sentences2015A parent may bring a petition for modification of any order of the juvenile court pursuant to section 388 based on new evidence or a showing of changed circumstances.4 “The parent requesting the change of order has the burden of establishing that the change is justified.” (In re Michael B. (1992) 8 Cal.App.4th 1698, 1703 .) To establish the right to an evidentiary hearing, the petition must include facts that make a prima facie showing there is a change in circumstances and “the best interests of the child may be promoted by the proposed change of order.” (In re Daijah T. (2000) 83 Cal.App.4th 2014A parent may bring a petition for modification of any order of the juvenile court pursuant to section 388 based on new evidence or a showing of changed circumstances.1 1 Section 388 provides, in part: “Any parent . . . may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court . . . for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court.” (§ 388, subd. (a)(1).) The court must set a hearing if “it appears that | 3 | 2014–2016 |
In Re Cjw
green
2 sentences2023(In re Daijah T. (2000) 83 Cal.App.4th 666, 672 .) Thus, “ ‘[t]here are two parts to the prima facie showing: The parent must demonstrate (1) a genuine change of circumstances or new evidence, and that (2) revoking the previous order would be in the best interests of the children. [Citation.] If the liberally construed allegations of the petition do not show changed circumstances such that the child’s best interests will be promoted by the proposed change of order, the dependency court need not order a hearing. [Citation.] We review the juvenile court’s summary denial of a section 388 petition 2014(In re Kimberly F. (1997) 56 Cal.App.4th 519, 529 [ 65 Cal.Rptr.2d 495 ].)” (In re Anthony W., supra, 87 Cal.App.4th at p. 250 ; In re C.J.W. (2007) 157 Cal.App.4th 1075, 1079 .) were filed), of this court’s nonpublished opinion in Case No. A136900. | 2 | 2014–2023 |
In Re Casey D.
yellow
2 sentences2023(In re Casey D. (1999) 70 Cal.App.4th 38, 48 , overruled on other grounds by In re Caden C. (2021) 11 Cal.5th 614 . 636, fn. 5.) The change of circumstances supporting the request must be material. 2023(In re Casey D. (1999) 70 Cal.App.4th 38, 48 , overruled on other grounds by In re Caden C., supra, 11 Cal.5th 614 . 636, fn. 5.) The change of circumstances supporting the modification request must be material. | 2 | 2023–2023 |
In Re Brittany K.
green
2 sentences2022(In re Brittany K. (2005) 127 Cal.App.4th 1497, 1505 .) A petition to modify a juvenile court order under section 388 must allege facts showing new evidence or changed circumstances exist and that changing the order will serve the child’s best interests. (§ 388, subd. (a)(1)-(2); In re Nolan W. (2009) 45 Cal.4th 1217, 1235 .) Courts must liberally construe a section 388 petition in favor of its sufficiency. 2021(In re Brittany K. (2005) 127 Cal.App.4th 1497, 1505 .) Section 388 allows the parent of a dependent child to petition the juvenile court for a hearing to modify an earlier order. (§ 388, subd. (a)(1).) A petition to modify a juvenile court order under section 388 must allege facts showing new evidence or changed circumstances exist and that changing the order will serve the child’s best interest. (§ 388, subd. (a)(1)-(2); In re Nolan W. (2009) 45 Cal.4th 1217, 1235 .) Courts must liberally construe a section 388 petition in favor of its sufficiency. | 2 | 2021–2022 |
In Re Jasmon O.
green
2 sentences2014The petitioning party has the burden of showing, by a preponderance of the evidence, that there is a change of circumstances or new evidence and that the proposed modification is in the children's best interests. (§ 388; In re Jasmon O. (1994) 8 Cal.4th 398, 415 .) Whether changed circumstances exist and the proposed change is in the children's best interests are questions addressed to the sound discretion of the juvenile court and we will not disturb its decisions unless they were arbitrary, capricious or patently absurd. 2013The petitioning party has the burden of showing, by a preponderance of the evidence, that there is a change of circumstances or new evidence, and that the proposed modification may be in the child's best interests. (§ 388; In re Jasmon O. (1994) 8 Cal.4th 398, 415 ; In re Amber M. (2002) 103 Cal.App.4th 681, 685 .) A petitioning party is only required to make a prima facie showing of changed circumstances and best interests to trigger the right to a full hearing on the petition. | 2 | 2013–2014 |
In Re Josiah S.
green
1 sentence2020(In re Zachary G. (1999) 77 Cal.App.4th 799, 806 .) “ ‘A “prima facie” showing refers to those facts which will sustain a favorable decision if the evidence submitted in support of the allegations by the petitioner is credited.’ ” (In re Josiah S. (2002) 102 Cal.App.4th 403, 418 .) Courts must liberally construe a section 388 petition in favor of its sufficiency. | 1 | 2020–2020 |
San Diego County Health & Human Services Agency v. Deborah M.
green
1 sentence2013The petitioning party has the burden of showing, by a preponderance of the evidence, that there is a change of circumstances or new evidence, and that the proposed modification may be in the child's best interests. (§ 388; In re Jasmon O. (1994) 8 Cal.4th 398, 415 ; In re Amber M. (2002) 103 Cal.App.4th 681, 685 .) A petitioning party is only required to make a prima facie showing of changed circumstances and best interests to trigger the right to a full hearing on the petition. | 1 | 2013–2013 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.