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I was wondering, Bio mom was suppose to tpr but when we goes to court her mother is standing up in court blaming everything on the county social worker; at the last hearing the judge set the next hearing to review the 388 petition then after that the county attorney ask for the 26 hearing to be next. What is a 388 petition? I was told that bio- mom did all her classes. Is it normal for the family member to be standing up in court?
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A 388 petition is "change of circumstance", if mom can prove that her circumstances have significantly changed(not changing) and it is in the child's best interest, she can stop the TPR (26) proceedings and be granted additional time for reunification. It is a heavy burden for the bio parents to prove completely changed circumstances, I have seen it happen once. The judge can choose to hear the 388 petition in court or choose not to if he reads it and thinks it has no merit. Often they will hear the 388, deny it and them proceed directly to the termination hearing. Has mom changed her life significantly, if she has her petition may be granted.
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