DFCS Online Policies & Procedures

  DFCS Online Policies & Procedures

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Handbook 1: Juvenile Court Hearings and Reports
8-15  Request to Change Court Order (JV-180)
Juvenile Court Hearings and Reports
8-15  Request to Change Court Order (JV-180)
Reference Points
Overview
Who May File a JV-180
Confidentiality
When Does a Social Worker File a JV-180
Social Worker Procedures
When Does a Person Other Than a Social Worker File a JV-180
Court Process
Other References


Reference Points
Effective Date: TBA
Last Updated: 5/11/09
 Legal Basis:
Popup Window Welfare and Institutions Code (WIC) 366.3(b)
Popup Window WIC § 385 and 386
Popup Window WIC § 388
Popup Window California Rule of Court 5.570
 Non CWS/CMS Forms:
MS Word Request to Change a Court Order (JV-180)
PDF Confidential Information (JV-182) )
PDF Court Order on Form JV-180 (JV-183)
PDF Order After Hearing on Form JV-180 (JV-184)
 CWS/CMS Forms:
bullet Court Management Section: Court Reports


Overview   A Request to Change a Court Order is filed when there is a change of circumstances or new evidence, and the person filing the petition wishes to change, modify or set aside any order previously made by the Court or to terminate the jurisdiction of the court. 
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Who May File a JV-180  

A Request to Change a Court Order may be filed by the social worker, a parent or guardian, the dependent child or any other person having an interest in the dependent child.

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Confidentiality  

The addresses and telephone numbers of the person requesting to change the court order, the child, and the child's caregiver may be kept confidential by filing form Confidential Information (Request to Change Court Order) (form JV-182)with form JV-180. Form JV-182 must be kept in the court file under seal, and only the court, the agency, and the child's attorney may have access to this information.

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When Does a Social Worker File a JV-180  

County Counsel may be contacted when a social worker has a question about changing a court order.  Examples of when a social worker may file a Request to Change a Court Order include:

  • When a case is in Family Reunification or Permanent Placement, and the plan is to return the child home prior to the regularly scheduled hearing or at an Interim Hearing.
  • When a case is in Permanent Planning and the guardian wishes to set aside the guardianship.
  • To change current court orders to a more or less restrictive nature.
    • This may apply to issues such as visitation and drug testing.

  • To recommend additional court orders for a caretaker or significant other who resides in the home with the child.
    • This may apply to issues such as drug testing or parenting classes.
  •  
  • To recommend a change in a permanent plan:
    • Request that the court set a Selection and Implementation (366.26) Hearing.

  • In the case of the court previously ordering two psychological evaluations for possible by-pass of reunification services.
    • If both evaluations recommend no reunification services be offered to the parent, then submit a Request to Change a Court Order with by-pass recommendations attached.
  • To recommend that that the parent(s) be set aside as an educational representative.


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Social Worker Procedures  

To file a Request to Change a Court Order, the social worker:

  • Completes the JV-180.
    • The case number on the form refers to the child's petition number.
  •  
  • States the changes in circumstances and/or evidence clearly, briefly and concisely in the JV-180.
    • If additional space is need under question #5, attach an additional sheet.

  • Determines if a Social Worker's Report is needed to provide the Court with addition information.
    • A Social Worker's Report may be necessary, if there is an objection to the requested change in order.

  • Prints out and attaches both forms to the JV-180 packet:
    • Court Order on Form JV-180 (JV-183)  and
    • Order After Hearing on Form JV-180 (JV-184)


  • Attaches any needed letters, reports or other evidence to support the Request.

  • Submits the JV-180 directly to the County Clerk's Office.
  • Attends the court hearing, if the court sets a hearing on the matter.
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Court Process  

When a JV-180 is Filed with the County Clerk's Office

  • The County Clerk files the JV-180 and sends it to the Judge or Commissioner.

  • The Judge or Commissioner:
    • Decides whether or not the changes of circumstances warrant a parte hearing.
    • Sets a parte hearing, if all parties are not in agreement with the request or if the Judge or Commissioner has concerns regarding the request.

  • The County Clerk sends Notices of the hearing to all parties.
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When a Person Other Than the Social Worker Files a JV-180  

There are instances under which a person other than the social worker may file a Request to Change a Court Order.  Those instances include:

  • A parent requesting that a guardianship be set aside and the child returned to the parent's care.
  • A guardian requesting that a guardianship be set aside and the child returned to dependency status.
  • A sibling asserting a relationship with the dependent child and requesting visitation or placement with the dependent child.
  • A dependent child asserting a relationship with a sibling and requesting visitation or placement with the dependent child.
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Other References  
bullet2 OPP Chapter 9-5: Non-Reunification (Bypass) Cases
bullet2 OPP Chapter 9-10: Required Action when There Is a Change of Placement of a Dependent Child
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