Rule 5.560.General provisions
Division 3. Juvenile Rules · Chapter 4. Subsequent Petitions and Modifications · Last amended 2007 · Last verified September 10, 2026
Full Text of Rule 5.560
Plain-English Summary
An order made by the juvenile court may be changed, modified, or set aside at any time, subject to the procedures in this chapter. Which procedure applies depends on what has changed.
A subsequent petition alleges new facts that again bring the child within the dependency statute — new circumstances other than those already sustained, or information after disposition giving reasonable cause to believe the child is once again described by the abuse or neglect provisions, or a family unwilling or unable to cooperate with services. Every procedure and hearing required for an original petition is required for it.
A supplemental petition is used where a previous disposition has not protected the child and the petitioner seeks a more restrictive level of physical custody. The rule sets that ladder out in ascending order — the home of the person entitled to legal custody, the home of a noncustodial parent, the home of a relative or friend, a foster home, and commitment to a private institution — which is what makes "more restrictive" a definite term rather than an argument.
A petition for modification is for a change of circumstances or new evidence that may require changing an order or terminating jurisdiction. Who may file depends on the direction: a probation officer, parent, guardian, child, child’s attorney, or any interested person may file for a ward where the request is not for more restrictive custody; the social worker may for a dependent on the same condition; and the parent, guardian, child, child’s attorney or any interested person may file regarding a dependent.
Clerical errors in judgments, orders or the record may be corrected at any time on the court’s own motion or a party’s, and entered nunc pro tunc.
Frequently Asked Questions
What is the difference between a subsequent and a supplemental petition?
A subsequent petition alleges new facts that again describe the child under section 300. A supplemental petition says the previous disposition has not protected the child and asks for a more restrictive level of physical custody.
What counts as "more restrictive" custody?
In ascending order: the home of the person entitled to legal custody, the home of a noncustodial parent, the home of a relative or friend, a foster home, and commitment to a private institution.
Who can ask the court to change an order?
For a ward, the probation officer, parent, guardian, child, the child’s attorney, or any other interested person where the request is not for more restrictive custody. For a dependent, the social worker on the same condition, or the parent, guardian, child, child’s attorney, or any other interested person.
Amendment History
Rule 5.560 amended effective July 1, 2007; adopted as rule 1430 effective January 1, 1991; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 2001, and January 1, 2006.
(Subd (a) amended effective January 1, 2001.) (Subd (b) amended effective July 1, 2007; previously amended effective January 1, 2001, January 1, 2006, and January 1, 2007.) (Subd (c) amended effective January 1, 2007; previously amended effective January 1, 2001, and January 1, 2006.) (Subd (d) amended effective January 1, 2007; adopted as subd (e); previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2006.) (Subd (e) amended effective January 1, 2007; adopted as subd (f); previously amended and relettered effective January 1, 2001; previously amended effective January 1, 2006.) (Subd (f) relettered effective January 1, 2001; adopted as subd (g).)