Get California Jv 100 Form

Get California Jv 100 Form

The California JV 100 form is a legal document used to initiate a juvenile dependency petition. This form is essential for counties that file separate petitions for each child or use the Additional Children Attachment (form JV-101(A)). Completing the JV 100 accurately is crucial for ensuring that the child's needs are addressed in court.

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Structure

The California JV-100 form plays a crucial role in the juvenile dependency process. This form is used by petitioners to initiate a dependency petition for a child, outlining the reasons the child may come under the jurisdiction of the juvenile court. It requires detailed information about the child, including their name, age, and date of birth, as well as the names and addresses of their parents or guardians. The form also includes sections for listing any related cases and for making specific allegations under the Welfare and Institutions Code. The petitioner must check applicable boxes to indicate the legal grounds for the petition and provide a declaration of truthfulness under penalty of perjury. Additionally, the form addresses the potential consequences for parents, including the possibility of permanent termination of parental rights, and highlights the financial responsibilities that may arise from the child's care and legal representation. Completing the JV-100 accurately is essential for ensuring that the court can assess the child's situation effectively and make informed decisions regarding their welfare.

California Jv 100 Preview

For counties filing a separate dependency petition for each child or for counties using Additional Children Attachment (form JV-101(A))

JV-100

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

FOR COURT USE ONLY

 

 

 

TELEPHONE NO.:

FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

 

ATTORNEY FOR (Name):

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

CHILD'S NAME:

CASE NUMBER:

JUVENILE DEPENDENCY PETITION (VERSION ONE)

(Welf. & Inst. Code, § 300 et seq.)

RELATED CASES (if any):

§ 300—Original

 

§ 342—Subsequent

 

§ 387—Supplemental

1.Petitioner on information and belief alleges the following:

a. The child named below comes within the jurisdiction of the juvenile court under the following subdivisions of section 300 of the

Welfare and Institutions Code (check applicable boxes; see attachment 1a for concise statements of facts):

 

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

b. Child's name:

c. Age:

d. Date of birth:

e. Sex:

f. Name:

 

 

 

 

 

 

 

mother

g.

Name:

 

 

 

 

 

 

 

 

mother

 

Address:

 

 

 

 

 

 

 

father

 

Address:

 

 

 

 

 

 

 

 

father

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

guardian

 

 

 

 

 

 

 

 

 

 

 

 

 

guardian

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

unknown

 

 

 

 

 

 

 

 

 

 

 

 

 

unknown

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If mother or father (check all that apply):

 

 

 

 

 

 

If mother or father (check all that apply):

 

 

 

 

legal

 

 

biological

 

 

presumed

 

 

 

alleged

 

 

legal

 

 

biological

 

 

presumed

 

 

alleged

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

h. Name:

 

 

 

 

 

 

 

mother

i.

Other (state name, address, and relationship to child):

 

 

 

 

 

 

 

Address:

 

 

 

 

 

 

 

father

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

guardian

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

unknown

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If mother or father (check all that apply):

 

 

 

 

 

 

 

No known parent or guardian resides within this state. This adult

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

legal

 

biological

 

presumed

 

 

 

alleged

 

 

relative lives in this county or is closest to this court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

j. Prior to intervention, child resided with

 

 

 

 

k.

Child is

 

 

 

 

 

 

 

 

 

 

 

 

parent (name):

 

 

 

 

 

 

 

not detained

 

 

 

detained

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

parent (name):

 

 

 

 

 

 

 

Date and time of detention:

 

 

 

 

guardian (name):

 

 

 

 

 

 

 

Current place of detention (address):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Indian custodian (name):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

other (state name, address, and relationship to child):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Relative

Shelter/foster care

Other

2.I have asked about Indian ancestry for this child and have completed and attached the required Indian Child Inquiry Attachment, form ICWA-010(A). (If this is a subsequent filing and there is no new information, the ICWA-010(A) is not required.)

 

(See important notice on page 2.)

 

Page 1 of 2

Form Adopted for Alternative Mandatory Use

JUVENILE DEPENDENCY PETITION (VERSION ONE)

Welfare and Institutions Code, § 300 et seq.;

 

 

 

 

Instead of Form JV-110

Cal. Rules of Court, rule 5.504

Judicial Council of California

 

 

www.courtinfo.ca.gov

JV-100 [Rev. July 1, 2008]

 

 

 

 

 

 

 

American LegalNet, Inc.

 

 

 

www.FormsWORKFLOW.com

 

 

 

 

 

JV-100

CHILD'S NAME:

CASE NUMBER:

3. Petitioner requests that the court find these allegations to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct. Date:

(TYPE OR PRINT NAME)

(SIGNATURE OF PETITIONER)

Address and telephone number (if different person signing than listed in caption above):

Number of pages attached:

Other children are listed on Additional Children Attachment (form JV-101(A))

— NOTICE —

TO PARENT

Your parental rights may be permanently terminated. To protect your rights, you must appear in court and answer this petition.

TO PARENTS OR OTHERS LEGALLY RESPONSIBLE

FOR THE SUPPORT OF THE CHILD

You and the estate of your child may be jointly and severally liable for the cost of the care, support, and maintenance of your child in any placement or detention facility, the cost of legal services for you or your child by a public defender or other attorney, and the cost of supervision of your child by order of the juvenile court.

JV-100 [Rev. July 1, 2008]

JUVENILE DEPENDENCY PETITION (VERSION ONE)

Page 2 of 2

Document Data

Fact Name Details
Form Purpose The JV-100 form is used to file a juvenile dependency petition in California.
Governing Law This form is governed by the Welfare and Institutions Code, § 300 et seq.
Filing Requirements Counties may file a separate petition for each child or use the Additional Children Attachment (form JV-101(A)).
Petitioner's Declaration The petitioner must declare under penalty of perjury that the information provided is true and correct.
Parental Rights Notice Parents are informed that their rights may be permanently terminated if they do not respond to the petition.
Attachment Requirement An Indian Child Inquiry Attachment (form ICWA-010(A)) must be attached if applicable.

How to Use California Jv 100

Completing the California JV-100 form is an essential step in the juvenile dependency process. This form serves as a petition to the court regarding a child's welfare and legal status. After filling out the form, it will be submitted to the court for review, and a hearing will be scheduled to address the matters raised in the petition.

  1. Begin by entering your information at the top of the form. Include your name, State Bar number (if applicable), and address.
  2. Provide your telephone number, fax number (optional), and email address (optional).
  3. Indicate the name of the attorney representing the child, if applicable.
  4. Fill in the details of the Superior Court of California, including the county, street address, mailing address, city, zip code, and branch name.
  5. Enter the child's name and case number in the designated fields.
  6. Identify any related cases by checking the appropriate boxes for original, subsequent, or supplemental cases.
  7. In section 1, state the allegations by checking the applicable boxes under section 300 of the Welfare and Institutions Code.
  8. Provide the child's age, date of birth, and sex.
  9. List the names and addresses of the mother, father, and any guardians. Indicate their legal status (e.g., legal, biological, presumed, alleged) by checking the relevant boxes.
  10. If applicable, include the name and address of any other relatives or individuals involved.
  11. Specify the child's current living situation prior to intervention, including whether the child is detained or not.
  12. Fill in the name of the child’s parent or guardian and the date and time of detention, if applicable.
  13. Provide the current place of detention and any additional relevant details about the child’s situation.
  14. Confirm that you have asked about the child's Indian ancestry by checking the box and attaching the required Indian Child Inquiry Attachment (form ICWA-010(A)), if necessary.
  15. In section 3, request that the court find the allegations to be true.
  16. Sign and date the form, printing your name clearly below your signature.
  17. If someone other than the petitioner is signing, provide their address and telephone number, if different from the petitioner’s.
  18. Indicate the number of pages attached to the form and note if additional children are listed on the Additional Children Attachment (form JV-101(A)).

Key Facts about California Jv 100

What is the purpose of the California JV-100 form?

The California JV-100 form is a Juvenile Dependency Petition. It is used to initiate legal proceedings when there are concerns about a child's welfare. This form allows the petitioner, which can be a parent, guardian, or other interested party, to formally request the court's intervention in cases where a child may be at risk of abuse, neglect, or abandonment. By filing this form, the petitioner alleges specific facts that justify the court's jurisdiction over the child under the Welfare and Institutions Code.

Who can file the JV-100 form?

The JV-100 form can be filed by an attorney representing a party or by a party without an attorney. This includes parents, guardians, or other individuals who have a legitimate interest in the child's welfare. It is essential for the person filing the petition to provide accurate and complete information about the child and the circumstances that have led to the filing of the petition.

What information is required on the JV-100 form?

The form requires detailed information about the child, including their name, age, date of birth, and sex. Additionally, it asks for information about the child's parents or guardians, including their names and addresses. The petitioner must also check applicable boxes that describe the reasons for the court's jurisdiction, based on specific subdivisions of section 300 of the Welfare and Institutions Code. This helps the court understand the nature of the allegations being made.

What happens after the JV-100 form is filed?

Once the JV-100 form is filed with the court, a hearing will be scheduled. The parents or guardians of the child must be notified and given the opportunity to respond to the allegations. It is crucial for them to appear in court, as failure to do so may lead to serious consequences, including the potential termination of parental rights. The court will review the petition, hear evidence, and make decisions regarding the child's welfare and any necessary interventions.

Common mistakes

Filling out the California JV-100 form can be a daunting task, and mistakes can lead to delays or complications in your case. Here are ten common errors to avoid.

First, many people forget to provide complete information about the child's name, age, and date of birth. This information is crucial for the court to identify the child accurately. Omitting or incorrectly entering these details can lead to confusion and delay in processing.

Second, failing to check the appropriate boxes regarding the child’s jurisdiction under section 300 can be a significant oversight. Each box corresponds to specific allegations, and not selecting the correct ones may result in the court not fully understanding the circumstances.

Another common mistake is not including all relevant parties in the form. Ensure you list all parents, guardians, and any other adults with a legal relationship to the child. Missing a name can complicate matters later on.

Fourth, individuals often neglect to provide current addresses for the parents or guardians. This information is essential for the court to reach out to the right parties. Inaccurate or outdated addresses can hinder communication.

Fifth, some people mistakenly leave out the child's current place of detention. Whether the child is in foster care or another facility, this information is critical for the court to know.

Additionally, many forget to attach the required Indian Child Inquiry Attachment (form ICWA-010(A)). This attachment is necessary unless it’s a subsequent filing with no new information. Not including it can lead to legal complications.

Seventh, be cautious when declaring under penalty of perjury. Some individuals do not fully understand the implications of this declaration. Ensure that all information provided is accurate and truthful to avoid potential legal repercussions.

Another frequent error is not listing the number of pages attached to the form. This oversight can lead to confusion about the completeness of your submission.

Ninth, individuals sometimes overlook the notice section regarding parental rights. It is vital to read this section carefully and understand the potential consequences of the petition.

Finally, many people fail to sign the form or forget to include their contact information if someone else is signing. A missing signature can render the form invalid, causing unnecessary delays.

By avoiding these common mistakes, you can help ensure that your JV-100 form is processed smoothly and efficiently.

Documents used along the form

The California JV-100 form is a crucial document used in juvenile dependency cases. It serves as the initial petition to the court, detailing the reasons a child may need protection or intervention. Alongside the JV-100, several other forms and documents are often required to provide a comprehensive view of the child's situation and legal status. Below is a list of these commonly used forms.

  • JV-101(A) - Additional Children Attachment: This form is used when there are multiple children involved in a single dependency case. It allows the petitioner to provide information about each child, ensuring that all relevant details are included in the petition.
  • ICWA-010(A) - Indian Child Inquiry Attachment: This document is necessary to determine whether the child has any Native American ancestry. It helps the court assess if the Indian Child Welfare Act applies to the case, which can affect the legal proceedings and the child's placement.
  • JV-130 - Notice of Hearing: This form informs all parties involved, including parents and guardians, about the scheduled court hearing. It outlines the date, time, and location, ensuring that everyone has the opportunity to attend and participate in the proceedings.
  • JV-290 - Application for Appointment of Guardian: If a relative or other individual wishes to become the legal guardian of the child, this form must be completed. It provides the court with necessary details about the proposed guardian and their relationship to the child.
  • JV-220 - Request to Change Court Order: This form is used when a party wishes to modify an existing court order related to the child's custody or care. It outlines the reasons for the requested change and must be submitted to the court for consideration.
  • JV-500 - Report of Child Abuse: In cases where child abuse is suspected or has been reported, this form may be utilized to document the allegations and any related investigations. It serves as an important record for the court and child protective services.

Understanding these forms and their purposes is essential for anyone involved in juvenile dependency cases. Each document plays a vital role in ensuring that the child's best interests are prioritized and that all legal requirements are met throughout the process.

Similar forms

The California JV-100 form, used for juvenile dependency petitions, shares similarities with several other legal documents. Each of these documents serves a specific purpose in the context of juvenile law and dependency proceedings. Below is a list of eight forms that are similar to the JV-100, along with explanations of their similarities:

  • JV-110: Juvenile Dependency Petition (Version Two) - Like the JV-100, this form is used to initiate a dependency case. It also requires the petitioner to provide details about the child and the allegations against the parents or guardians.
  • JV-101: Additional Children Attachment - This form complements the JV-100 by allowing the petitioner to include information about additional children involved in the case. It ensures that all relevant children are considered in the dependency proceedings.
  • JV-102: Petition for Reunification Services - Similar to the JV-100, this form is used when a parent seeks to reunify with their child after a dependency case has been initiated. It requires detailed information about the parent’s efforts to comply with court orders.
  • JV-105: Notice of Hearing - This document is used to notify all parties involved in a juvenile dependency case about upcoming hearings. Like the JV-100, it ensures that parents and guardians are informed and can participate in the legal process.
  • JV-108: Request for Court Appointed Counsel - This form allows parents or guardians to request legal representation in dependency proceedings. It is similar to the JV-100 in that it addresses the rights of individuals involved in the juvenile court system.
  • JV-120: Application for Reinstatement of Parental Rights - This document is used by parents who wish to have their parental rights restored after they have been terminated. It shares similarities with the JV-100 in that both address the legal status of parental rights.
  • JV-130: Petition for Termination of Parental Rights - This form is utilized to formally request the termination of parental rights in a dependency case. Like the JV-100, it involves significant legal implications for the parents and the child.
  • ICWA-010(A): Indian Child Inquiry Attachment - While not a petition itself, this attachment is often filed alongside the JV-100 to address inquiries related to a child's Indian ancestry. It is crucial for ensuring compliance with the Indian Child Welfare Act, paralleling the JV-100 in its focus on the child's welfare.

Dos and Don'ts

When filling out the California JV-100 form, it’s essential to follow certain guidelines to ensure accuracy and compliance. Here’s a list of things you should and shouldn’t do:

  • Do provide accurate and complete information about the child, including their name, age, and date of birth.
  • Do check all applicable boxes regarding the child's jurisdiction under section 300 of the Welfare and Institutions Code.
  • Do include your contact information, including telephone number and email address, if available.
  • Do attach the required Indian Child Inquiry Attachment, form ICWA-010(A), if applicable.
  • Don't leave any sections blank; ensure all relevant fields are filled out.
  • Don't use abbreviations or shorthand that may confuse the court.
  • Don't forget to sign and date the form before submission.
  • Don't ignore the notice to parents about potential termination of parental rights; take it seriously.

Misconceptions

Understanding the California JV 100 form is crucial for those involved in juvenile dependency cases. However, several misconceptions can lead to confusion. Here are four common misconceptions:

  • The JV 100 form is only for new cases. Many believe that the JV 100 form is exclusively for initiating new dependency cases. In reality, it can also be used in subsequent filings or when additional children are involved.
  • Only attorneys can file the JV 100 form. While attorneys often handle these forms, parties without attorneys can also file the JV 100. Individuals representing themselves can complete and submit this form as well.
  • Filing the JV 100 guarantees immediate court action. Some people think that submitting the JV 100 form will automatically result in a court hearing. However, the court must first review the petition and determine whether to schedule a hearing.
  • The JV 100 form is the same as the JV 110 form. There is a misconception that the JV 100 and JV 110 forms serve the same purpose. They are distinct forms with different uses; the JV 100 is specifically for juvenile dependency petitions, while the JV 110 is used for other types of petitions.

Clarifying these misconceptions can help ensure that individuals navigate the juvenile dependency process more effectively.

Key takeaways

Filling out and using the California JV-100 form is a critical step in initiating a juvenile dependency petition. Here are nine key takeaways to keep in mind:

  • The JV-100 form is used to file a juvenile dependency petition in California.
  • It is essential to provide accurate information about the child, including their name, age, date of birth, and sex.
  • Petitioners must indicate the relationship of the child to their parents or guardians and specify if they are legal, biological, presumed, or alleged.
  • Prior to filing, it is necessary to inquire about the child's Indian ancestry and attach the Indian Child Inquiry Attachment (form ICWA-010(A)) if applicable.
  • Petitioners should check all relevant boxes under section 300 of the Welfare and Institutions Code to establish the court's jurisdiction.
  • The form requires a declaration under penalty of perjury, affirming that the information provided is true and correct.
  • Petitioners must be aware that their parental rights may be permanently terminated if they do not respond to the petition in court.
  • There may be financial implications, as parents or guardians could be liable for costs related to the child's care and legal services.
  • Additional children can be listed using the Additional Children Attachment (form JV-101(A)), which must be included if applicable.