Welf. & Inst. Code, § 297 · Article 5.5. Notices in Dependent Child Proceedings
Welf. & Inst. Code, § 297
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
(a) (1) A subsequent petition filed pursuant to Section 342 shall be noticed pursuant to Sections 290.1 and 290.2, except that service may be delivered by electronic service pursuant to Section 212.5.
(2) If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, notice of the adjudication and disposition hearings on the subsequent petition shall be given in accordance with Section 224.3.
(b) (1) Upon the filing of a supplemental petition pursuant to Section 387, the clerk of the juvenile court shall immediately set the matter for hearing within 30 days of the date of the filing, and the social worker or probation officer shall cause notice thereof to be served upon the persons required by, and in the manner prescribed by, Sections 290.1, 290.2, and 291, except that service may be delivered by electronic service pursuant to Section 212.5.
(2) If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, notice of the adjudication and disposition hearings on the supplemental petition shall be given in accordance with Section 224.3.
(c) (1) If a petition for modification has been filed pursuant to Section 388, and it appears that the best interest of the child may be promoted by the proposed change of the order, the recognition of a sibling relationship, or the termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the child’s attorney of record, or if there is no attorney of record for the child, to the child, his or her parent or parents or legal guardian or guardians or Indian custodian, and the child’s tribe in the manner prescribed by Section 291 unless a different manner is prescribed by the court.
(2) If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, and the hearing on the petition for modification pursuant to Section 388 may culminate in an order for foster care placement, termination of parental rights, preadoptive placement, or adoptive placement, notice shall be given in accordance with Section 224.3.
(d) On and after January 1, 2012, if a petition for modification has been filed pursuant to subdivision (e) of Section 388 by a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
Notes and commentary — not statutory text
History
Amended by Stats. 2018, Ch. 833, Sec. 16. (AB 3176) Effective January 1, 2019.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=WIC§ionNum=297.
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- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Welfare and Institutions Code
- Welf. & Inst. Code, § 212.5Printed as Section 212.5
- Welf. & Inst. Code, § 224.1Printed as Section 224.1
- Welf. & Inst. Code, § 224.3Printed as Section 224.3
- Welf. & Inst. Code, § 290.1Printed as Sections 290.1 and 290.2 | Sections 290.1, 290.2, and 291
- Welf. & Inst. Code, § 290.2Printed as Sections 290.1 and 290.2 | Sections 290.1, 290.2, and 291
- Welf. & Inst. Code, § 291Printed as Section 291 | Sections 290.1, 290.2, and 291
- Welf. & Inst. Code, § 342Printed as Section 342
- Welf. & Inst. Code, § 387Printed as Section 387
- Welf. & Inst. Code, § 388Printed as Section 388
- Welf. & Inst. Code, § 11400Printed as Section 11400
Cited by 3 provisions
Provisions in this library whose text cites Welf. & Inst. Code, § 297. Each shows the citation as that text prints it.
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