HOW TO MAKE A 388 MOTION

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Dazeemay
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HOW TO MAKE A 388 MOTION

Postby Dazeemay » Wed Sep 22, 2010 5:23 pm

This is for California but, it could help others in different states. The number would be different I would think.

http://webcache.googleusercontent.com/c ... 3595949110

http://theacf.org/

ADVOCATES FOR CHILDREN
AND FAMILIES

MOTIONS

GENERAL, 388, DISCOVERY

AND OTHERS

WHAT IS A MOTION?

ALLOWS YOU ACCESS TO LET THE COURT KNOW WHAT YOU WANT
YOU CAN ASK THE COURT TO ISSUE AN ORDER GRANTING WHAT YOU WANT
YOU PRESENT EVIDENCE AND WITNESSES TO SUPPORT YOUR MOTION
YOU CAN ASK WITNESSES ON YOUR SIDE OR THE OTHER SIDE QUESTIONS
YOU CAN REQUEST DISCOVERY, DOCUMENTS FROM THE OPPOSITION
YOU CAN SUBPENA WITNESSES TO TESTIFY
WHY USE A MOTION?

YOU CAN BRING ISSUES TO THE COURT WHICH THEY MIGHT NOT KNOW
YOU CAN TAKE THE OFFENSIVE IN YOUR CASE
YOU CAN PRESENT EVIDENCE AND WITNESSES TO SUPPORT YOUR CASE
YOU CAN DO MOTIONS WITHOUT A ATTORNEY IF YOU CAN NOT AFFORD ONE AND IT IS CALLED ?IN PRO PER?


GENERAL MOTION

INSERT NAME, ADDRESS & PHONE #
ADD TYPE OF MOTION I.E. WIC 388
BRIEFLY STATE THE ISSUES
SUMMARIZE EVIDENCE AND ATTACH AS EXHIBITS A, B, C, ETC.
CONCLUSION OF WHAT YOU WANT
REQUEST THE COURT ISSUE AN ORDER


TYPES OF MOTIONS

388 MOTION
DISCOVERY MOTION
WITNESS LIST AND SUBPENA
DEFACTO PARENT MOTION
RECUSAL MOTION
352 MOTION
MARSDEN MOTION
WE WILL ONLY DISCUSS 388 AND DISCOVERY MOTIONS IN DETAIL IN CLASS
WELFARE AND INSTITUTIONS 388 MOTION

A 388 MOTION IS USED IN DEPENDENCY COURT TO PRESENT NEW INFORMATION ABOUT YOUR CASE OR A CHANGE IN CIRCUMSTANCES
A 388 IS FILED WITH THE COURT AND ON ALL PARTIES, IE ATTORNEYS, PARENTS, DA OR COUNTY COUNSEL
388 MOTION THE LAW

388.Dependency order of juvenile court may be modified if the petitioner shows change of circumstances or new evidence, which establishes that modification of prior order, is in the minor's best interests.
388 MOTION RULES

All petitions must be liberally construed in favor of the petitioner, and is a final safety net protecting familial relationships. [California Rules of Court [1], rule 1432, In re Marilyn H., 5 Cal.4th 295] and parent need only make prima facie showing to trigger right to full hearing on petition. In re Michael D.(App. 2 Dist. 1996) 59 Cal.Rptr.2d 575, 51 Cal.App.4th 1074.

388 MOTION HOW

WE HAVE A SAMPLE 388 MOTION
DECIDE WHAT EVIDENCE YOU HAVE
PREPARE YOUR REASONS TO FILE
SUCH AS COMPLETED CLASSES, NEW HOME, CHANGED RELATIONSHIP OR OTHER IMPORTANT FACTS
EVIDENCE OF LIES BY SOCIAL WORKER
388 MOTION FILED

MAKE SURE YOU USE THE JUVENILE COURT FORM COVER TO YOUR MOTION, JV 100, 101. 110
THE FORM DEPENDS ON THE NUMBER OF CHILDREN AND INFORMATION
SEE EXAMPLES IN CLASS
DISCOVERY MOTION AND WITNESS LIST WITH SUBPENA FILED

YOU WILL NEED TO FILE A DISCOVERY MOTION FOR INFORMATION YOU NEED AND SUBPENAS FOR WITNESSES
THESE WILL BE CAREFULLY BASED UPON THE INFORMATION YOU HAVE IN YOUR 388 MOTION
388 MOTION IN COURT

ONCE YOU HAVE FILED THE 388, A DISCOVERY MOTION (SEE BELOW) AND SUBPEONA FOR WITNESSES (SEE BELOW) YOU MAY BE GRANTED A TRIAL
YOU MUST PREPARE YOUR NOTES TO REPRESENT YOURSELF AT TRIAL
388 TRIAL (1)

THE COUNTYCOUNSEL REPRESENTING THE DEPARTMENT OF SOCIAL SERVICES WILL PREPARE AN OPPOSITION MOTION TO YOUR 388
YOU MUST REVIEW THIS TO PREPARE FOR THE HEARING. IF THEY GIVE IT TO YOU AT THE LAST MINUTE THEN YOU MUST ASK FOR A TIME EXTENSION IN ORDER TO PREPARE FOR THE TRIAL
388 TRIAL (2)

THIS IS YOUR CHANCE TO PRESENT THE EVIDENCE FROM THE RECORDS YOU HAVE REQUESTED AND TO CALL WITNESSES
MAKE A LIST OF QUESTIONS TO ASK YOUR WITNESS TO PROVE YOUR POINTS
QUESTION THE SOCIAL WORKER OR OTHERS ABOUT INFORMATION WHICH THEY HAVE INCLUDED IN REPORTS, ESPECIALLY THE LIES YOU FIND AND PRESENT EVIDENCE TO DISPROVE LIES
388 TRIAL (3)

STATE THAT IT IS IN THE BEST INTEREST OF YOUR CHILD TO HAVE THE TRUTH ON THE RECORD FOR THE COURTS EVALUATION
TAKE NOTES ON THE QUESTIONING BY THE OTHER ATTORNEYS
PREPARE TO CROSS EXAMINE THE WITNESSES WITH THE NEW INFORMATION BROUGHT OUT BY THE OTHER ATTORNEYS
388 TRIAL (4) CLOSING

MAKE YOUR POINTS FOR CHANGES IN CIRCUMSTANCES WITH EVIDENCE
MAKE YOUR POINTS ABOUT THE BEST INTEREST OF THE CHILD
BRING OUT THE FACTS AND WHY THE COURT SHOULD GRANT YOUR 388
DISCOVERY MOTION

WE HAVE PROVIDED A STANDARD DISCOVERY MOTION TO OBTAIN ALL RECORDS OF THE SOCIAL WORKERS
FILE YOUR DISCOVERY MOTION AT THE TIME YOU FILE YOUR 388 MOTION WITH THE JUVENILE CLERK
SERVE ALL MOTIONS ON ALL PARTIES, ATTORNEY FOR CHILD, OTHER PARENTS, COUNTY OR OTHER INTERESTED PARTIES LIKE GUARDIAN'S
WITNESS LIST AND SUBPENA

WE HAVE PROVIDED AN EXAMPLE OF A WITNESS LIST WHICH YOU SHOULD FILE WITH THE CLERK OF THE COURT PRIOR TO TRIAL
YOU MUST PRESENT THE NAMES OF WITNESSES AND THE REASON THEY ARE NEEDED TO SUPPORT YOUR CASE
THESE WITNESSES MUST BE SUBPENAED TO BE PRESENT AT THE TRIAL WITH THE JUVENILE SUBPENA FORM AS APROVED BY THE COURT
OTHER MOTIONS (1)

THERE ARE MANY TYPES OF MOTIONS WHICH CAN BE USED BUT THEY ARE SPECIFIC TO EACH INDIVIDUAL?S CASE
ONCE YOU HAVE THE BASIC KNOWLEDGE AS PRESENTED HERE YOU CAN DO THEM ALSO
REMEMBER AS A GROUP WE CAN DO THIS TOGETHER AND HELP EACHOTHER
OTHER MOTIONS (2)

WIC 300: DISMISS CASE FOR FRAUD
WIC 352: DISMISS CASE FOR EXCEEDING 6 MONTHS FOR JUDISDICTION
WIC 317: DISMISS MINOR?S COUNSEL
MARSDEN: INEFFECTIVE COUNSEL
RECUSAL: DISMISS JUDGE FOR CAUSE CCP 170.1
WIC 370 & 741: PSYCHOLOGICAL EVAL. PRIOR TO JURISDICTION AND DISPOSITION, EVIDENCE CODE 730
VISITATION: REQUEST FOR CHANGE IN VISITATION SCHEDULE TO TIME
JURY TRIAL: REQUEST FOR JUVENILE JURY TRIAL
CONCLUSION

MOTIONS

THERE ARE MANY TYPES OF MOTIONS YOU MAY FILE DEPENDING ON YOUR CASE
ACF IS THERE TO HELP YOU HELP YOURSELF
AS A GROUP WE CAN GET JUSTICE
**********************************
This is not legal advice;hopefully wisdom

To put it in simple terms…when the authorities ARE the perpetrators and the perpetrators ARE the authorities, there is no earthly justice or recourse, at the end of the day (unless the American people wake up).

Therefore, those who have achieved the highest levels of power seek to ‘enjoy’ the most grievous and extreme injustices. For many of those in the highest circles of power, the greatest statement of power is to perpetrate the greatest possible injustice…the savage, brutal traumatization and abuse of an innocent child.
http://themurkynews.blogspot.com/ MattTwoFour

"Ultimately, the law is only as good as the judge" --- D.X. Yue, 2005, in "law, reason and judicial fraud"
http://www.parentalrightsandjustice.com/index.cgi?ctype=Page;site_id=1;objid=45;curloc=Site:1

karamccoskey
Posts: 1
Joined: Tue Mar 13, 2012 12:51 pm

Re: HOW TO MAKE A 388 MOTION

Postby karamccoskey » Wed Mar 14, 2012 11:36 am

I live in nv now and my cps case was out of ca.where thechildren live with my brother.i need to file a 388 cuz my brother iz nt working well with me.i work 7 days a week and unable to take off work to file in ca.how can i do this from las vegas?

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Eljay
Posts: 2645
Joined: Thu Jan 20, 2011 10:01 am

Re: HOW TO MAKE A 388 MOTION

Postby Eljay » Wed Mar 14, 2012 2:19 pm

Best bet would be to have a LDA - Legal Document Assistant - help you. These are paralegals so they are familiar with the technicalities of how to complete forms and the filing of motions, but do NOT give legal advice. If you know what you need to do (and/or are working on researching to know what you have to do) then that would be your best bet, IMHO.

You can search for one here: http://www.calda.org/ (that is the California Association of Legal Document Assistants)
Advice & opinions provided are no substitute for genuine legal assistance. Laws & rules vary by state/jurisdiction so do your homework and get
an education in CPS laws, rules & practices so that you can FIGHT for your children's rights. I am not a lawyer. Your mileage may vary.

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