Rule 5.565.Hearing on subsequent and supplemental petitions (§§ 342, 364, 386, 387)

Division 3. Juvenile Rules · Chapter 4. Subsequent Petitions and Modifications · Last amended 2019 · Last verified September 10, 2026

In one sentenceRule 5.565 sets the 30-day setting, the notice, and the two-stage hearing required on a subsequent or supplemental petition.

Full Text of Rule 5.565

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Contents of subsequent and supplemental petitions (§§ 342, 364, 387)

A subsequent petition and a supplemental petition must be verified and, to the extent known to the petitioner, contain the information required in an original petition as described in rule 5.524. A supplemental petition must also contain a concise statement of facts sufficient to support the conclusion that the previous disposition has not been effective in the protection of the child or, in the case of a dependent child placed with a relative, that the placement is not appropriate in view of the criteria in section 361.3.

(b) Setting the hearing (§§ 334, 342, 364, 386, 387)

When a subsequent or supplemental petition is filed, the clerk must immediately set it for hearing within 30 days of the filing date. The hearing must begin within the time limits prescribed for jurisdiction hearings on original petitions under rule 5.670.

(1) For petitions filed under section 342 or section 387, notice must be provided in accordance with section 297.

(2) For petitions filed under section 364, notice must be provided in accordance with section 292.

(d) Initial hearing (§ 387)

Chapter 12, article 1 of these rules applies to the case of a child who is the subject of a supplemental or subsequent petition.

(e) Requirement for bifurcated hearing

The hearing on a subsequent or supplemental petition must be conducted as follows:

(1) The procedures relating to jurisdiction hearings prescribed in chapter 12, article 2 apply to the determination of the allegations of a subsequent or supplemental petition. At the conclusion of the hearing on a subsequent petition the court must make a finding that the allegations of the petition are or are not true. At the conclusion of the hearing on a supplemental petition the court must make findings that:

(A) The factual allegations are or are not true; and

(B) The allegation that the previous disposition has not been effective is or is not true.

(2) The procedures relating to disposition hearings prescribed in chapter 12, article 3 apply to the determination of disposition on a subsequent or supplemental petition. If the court finds under a subsequent petition that the child is described by section 300(a), (d), or (e), the court must remove the child from the physical custody of the parent or guardian, if removal was not ordered under the previous disposition.

(f) Supplemental petition (§ 387)—permanency planning

If a dependent child was returned to the custody of a parent or guardian at the 12-month review or the 18-month review or at an interim review between 12 and 18 months and a 387 petition is sustained and the child removed once again, the court must set a hearing under section 366.26 unless the court finds there is a substantial probability of return within the next 6 months or, if more than 12 months had expired at the time of the prior return, within whatever time remains before the expiration of the maximum 18-month period.

End

Plain-English Summary

Both petitions must be verified and carry the information an original petition requires. A supplemental petition must also state facts sufficient to support the conclusion that the previous disposition has not been effective — or, where a dependent child was placed with a relative, that the placement is not appropriate against the statutory criteria.

The clerk must immediately set the hearing within 30 days of filing, and it must begin within the time limits that apply to jurisdiction hearings on original petitions.

The hearing is bifurcated. The jurisdiction-hearing procedures determine the allegations: on a subsequent petition the court finds them true or not; on a supplemental petition it makes two findings — whether the factual allegations are true, and separately whether the allegation that the previous disposition has not been effective is true. The disposition-hearing procedures then determine disposition. Where the court sustains a subsequent petition describing the child under the abuse or neglect provisions, it must remove the child if removal was not already ordered.

One permanency consequence closes the rule: where a child returned to a parent at the 12- or 18-month review is removed again on a sustained supplemental petition, the court must set a section 366.26 hearing — unless it finds a substantial probability of return within six months, or within whatever remains of the 18-month period.

Frequently Asked Questions

How soon is a hearing set on a supplemental petition?

The clerk must immediately set it for hearing within 30 days of the filing date, and it must begin within the time limits prescribed for jurisdiction hearings on original petitions.

What must the court find on a supplemental petition?

Two things: whether the factual allegations are true, and separately whether the allegation that the previous disposition has not been effective is true.

What happens if my child is removed again after being returned?

Where the child was returned at the 12- or 18-month review or an interim review and a supplemental petition is sustained removing them again, the court must set a section 366.26 hearing unless it finds a substantial probability of return within six months or within the time left in the 18-month period.

Amendment History

Rule 5.565 amended effective January 1, 2019; adopted as rule 1431 effective January 1, 1990; previously amended effective January 1, 1992, July 1, 1995, January 1, 1999, July 1, 1999, January 1, 2001, January 1, 2006, and July 1, 2010; previously amended and renumbered effective January 1, 2007.

(Subd (c) amended effective January 1, 2019; adopted effective January 1, 2006.) (Subd (d) amended effective July 1, 2010; adopted as subd (d); previously amended and relettered as subd (c) effective January 1, 2001; previously amended and relettered effective January 1, 2006; previously amended effective January 1, 2007.) (Subd (e) amended effective July 1, 2010; adopted as subd (e); previously amended and relettered as subd (d) effective January 1, 2001; previously relettered effective January 1, 2006; previously amended effective January 1, 2007.) (Subd (f) amended effective January 1, 2007; adopted as subd (f); relettered as subd (e) effective January 1, 2001; previously amended and relettered effective January 1, 2006.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: supplemental petition hearing California387 petition procedurebifurcated hearing subsequent petition