OF TERMS & ABBREVIATIONS
and Institution Code
DCFS: Department of Children &
Petition: In the context
of the dependency court, a legal document that is filed by DCFS
in Dependency court, which alleges that a child is described in
pursuant to Section 300 of the Welfare and Institution Code. In
filing this document DCFS is asking the court for a ruling on the
allegation stated in the petition. The following list describes
the different petitions that are filed in the Dependency Court.
When changes are made to the original WIC 300 Petition, Amendments
a. Changes to correct or clarify the petition that does not substantially
alter the petition.
b. Changes usually addition, made to the allegations prior to the
c. Changes made in the court during the course of the adjudication,
in order to make the petition allegation conform to the proof presented
An amendment petition can be used to add, delete or change information
on a petition and may be done when the amended petition is submitted
by DCFS, it must be accompanied by supporting documents, such as
an application for petition. [top]
A petition that is filed when a child has been taken into temporary
custody. It alleges that a child comes within the provisions of
WIC 300 and that continued detention of the child is necessary for
the child's protection.
Welfare and Institution Code (WIC) 342
This petition is used to bring a new allegation or allegations under
a different subdivision than the originally sustained WIC 300 petition
which is past the stage of adjudication.
Welfare and Institution Code (WIC) 385
A petition filed following the arraignment / detention hearing in
order to change, modify or request that a prior order of the court
be set aside. This petition is frequently used to request changes
in the relative placement or the visitation ordered at the detention
Welfare and Institution Code (WIC) 388
A petition that can be filed by a parent having a interest in a
child who is a dependent of the court, including the child filling
the same petition to request a change of order due to a change in
Welfare & Institution Code (WIC) 334
Upon the filing of a petition, the clerk of the juvenile court shall
set the hearing for the petition within 30 days, except in case
which a child is detained. When a child is detained a hearing must
be set within 15 judicial days from the date the date the court
directed such detention.
Adjudication Hearing: The hearing which occurs as the result for
the parents or guardians entering a denial of the allegations.
Arraignment / Detention Hearing:
The initial hearing in the Dependency court following the filling
of a petition.
A hearing in which one or more parties e.g. parent(s) legal guardian(s)
or child to a case, legates the recommendation of the CSW. Any Dependency
court hearing can be set for a contested hearing.
A Hearing to determine whether or not the courts shall declare the
child a dependent child of the court and, if so where will the child
live during the period supervision.
Jurisdictional / Adjudication Hearing:
The court has consider the presentation of facts it receives into
evidence and makes a finding, as to whether the allegation in the
petitions are true.
Rehearing Welfare & Institution Code
Any time prior to the expiration of 10 days after service of written
copy of the order and finding of a referee, a minor or his parents
or guardian may apply to the juvenile court for a rehearing. The
application may be directed all or to specified parts of the orders
or findings, and shall contain a statement of the reasons for the
rehearing is requested. [top]