Section 388 Petition Example Case

In In re Hashem H. (1996) 45 Cal. App. 4th 1791, 1798-1799 53 Cal. Rptr. 2d 294, a section 388 petition alleged that a mother with a history of mental illness had demonstrated changed circumstances because she had regularly participated in psychotherapy, had regularly visited with the child, held a full-time job, and was ready, capable and able to provide for the child on a full-time basis. (45 Cal. App. 4th at p. 1796.) The petition did not allege a change of circumstances with respect to the child. (Ibid.) The Court of Appeal held the petition sufficiently alleged changed circumstances to entitle the mother to an evidentiary hearing. (Id. at p. 1799.)