The California JV 445 form is a legal document used in post-permanency hearings, primarily concerning children who have been placed for adoption after parental rights have been terminated. This form outlines the court's findings and orders regarding the child's placement, case plan, and any necessary services. For those involved in such cases, completing this form accurately is crucial, so be sure to fill it out by clicking the button below.
The California JV 445 form plays a crucial role in the post-permanency hearing process for children whose parental rights have been terminated and who are on a path toward adoption. This form is designed to document the findings and orders made by the court during these hearings, ensuring that the child's best interests remain at the forefront. It covers essential details such as the child's current placement, the appropriateness of that placement, and the involvement of various parties, including social workers and legal representatives. The form also addresses the child's educational and health needs, along with the county agency's efforts in facilitating a permanent plan. Furthermore, it includes provisions for the child's involvement in the case plan development, ensuring their voice is heard, especially for those aged 10 and older. The JV 445 not only captures the court's decisions but also sets the stage for future hearings, making it a vital document in the journey toward finding a loving and stable home for the child.
JV-445
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE BAR NUMBER:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CHILD'S NAME:
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING—
CASE NUMBER:
PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION
(Welf. & Inst. Code, § 366.3)
1.Postpermanency hearing
a.
Date:
e.
Court reporter (name):
b.
Department:
f.
Bailiff (name):
c.
Judicial officer (name):
g.
Interpreter (name and language):
d.
Court clerk (name):
Appointed
h.
Party (name):
Present
Attorney (name):
today
(1)
Child:
(2)
Legal guardian:
(3)
Indian custodian:
(4)
De facto parent:
(5)
County agency social worker:
(6)
Tribal representative:
(7)
Other (specify):
i.Others present in courtroom:
(1)Court Appointed Special Advocate (CASA) volunteer (name):
(2)Other (name):
(3)Other (name):
2.The court has read and considered and admits into evidence:
a. Report of social worker(dated):
b. Report of CASA volunteer (dated):
c. Case plan (dated):
d. Other (specify):
e. Other (specify):
BASED ON THE FOREGOING AND ON ALL OTHER EVIDENCE RECEIVED, THE COURT FINDS AND ORDERS:
3.a.
Notice of the date, time, and location of the hearing was given as required by law.
For child 10 years of age or older who is not present: The child was properly notified under Welf. & Inst. Code,
§349(d) of his or her right to attend the hearing, was given an opportunity to be present, and there is no good cause for a continuance to enable the child to be present.
4. a.
The child
is
may be an Indian child, and notice of the proceeding and the right of the tribe to
intervene was
provided as required by law. Proof of such notice was filed with this court.
There is reason to believe that the child may be of Indian ancestry, and notice of the proceedings was provided to the Bureau of Indian Affairs as required by law. Proof of such notice was filed with this court.
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Form Approved for Optional Use
Welfare and Institutions Code,
Judicial Council of California
§§ 366.3(f), 16501.1;
JV-445 [Rev. October 1, 2021]
Cal. Rules of Court, rule 5.740
www.courts.ca.gov
5.
A Court Appointed Special Advocate is appointed for the child.
Placement
6.The child's out-of-home placement is necessary.
7. The child's current placement is appropriate.
8.
For a child placed in a short-term residential therapeutic program, the court has considered the evidence and documentation submitted under Welfare and Institutions Code section 366.1(l) when determining the continuing necessity for and appropriateness of the placement.
9.
The child's current placement is not appropriate. The county agency must locate an appropriate placement for the child.
The matter is continued to the date and time indicated in item 32 for a
written
oral
report by the county
agency on the progress made in locating an appropriate placement.
b. Other(specify):
10. The child is placed outside the state of California and that out-of-state placement
a. continues to be the most appropriate placement for the child and is in the best interest of the child.
b.does not continue to be the most appropriate placement for the child and is not in the best interest of the child. The
matter is continued to the date and time indicated in item 32 for a
agency on the progress made toward
(1) returning the child to California and locating an appropriate placement within California.
(2)locating an out-of-state placement that is the most appropriate placement for the child and in the best interest of the child.
Other(specify):
Case plan development
11.a.
The child was actively involved in the case plan development, including the child's plan for permanent placement.
The child was not actively involved in the case plan development, including the child's plan for permanent placement, and
the county agency is ordered to actively involve the child in the case plan development, including the plan for permanent placement, and to submit to the court an updated case plan within 30 days of the date of this hearing.
the county agency is not required to actively involve the child because the child is unable, unavailable, or unwilling to participate.
12. Child 12 years of age or older:
a. The child was given the opportunity to review the case plan, sign it, and receive a copy.
b. The child was not given the opportunity to review the case plan, sign it, and receive a copy, and
(1)the county agency is ordered to provide the child with the opportunity to review the case plan, sign it, and receive a copy. The county agency is further ordered to submit to the court within 30 days of the date of this hearing written confirmation that the child was provided with this opportunity.
Efforts
13.The county agency
has has not
complied with the case plan by making reasonable efforts, including whatever steps are necessary to make and to finalize the permanent placement of the child.
14. The child is 16 years of age or older and the agency
has
has not
made the following ongoing and intensive
efforts to return the child to a safe home or finalize the
permanent plan:
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING— PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION
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15. Child not yet placed with prospective adoptive parent or a guardian
a. The county agency
has not exercised due diligence to locate an appropriate relative with whom the child
could be placed. Each
been
relative whose name has been submitted to the department
evaluated.
b. The child has identified the following as an individual important to him or her:
(1)(name):
(2)(name):
c.The county agency has with the child's best interest.
made efforts to identify individuals who are important to the child, consistent
d. The county agency
made efforts to maintain the child's relationships with the individuals who
are important to the
child,
consistent
with the child's best interest.
e.The county agency for the child.
made efforts to identify a prospective adoptive parent or a legal guardian
To identify individuals who are important to the child and to maintain the child's relationships with those individuals, the county agency must provide the services
as stated on the record. as follows:
To identify a prospective adoptive parent or a legal guardian for the child, the county agency must provide the service
16. The services provided to the child have been
adequate. not adequate.
Health and education
17. a. The child's educational needs b. The child's physical needs
c. The child's mental health needs d. The child's developmental needs
18. The child
does
does not
psychotropic
medication order is on (date):
are
are not
being met.
have an order authorizing psychotropic medication. The next hearing to review the
.
19. The additional services, assessments, and/or evaluations the child requires to meet the unmet needs specified in item 17 or other concerns are:
a. stated in the social worker's report.
b. specified here:
20. The following persons are ordered to take the steps necessary for the child to begin receiving the services, assessments, and/or evaluations identified in item 19:
a. Social worker.
b. Surrogate parent (name):
c. Educational representative (name):
d. Other (name):
Page 3 of 5
21. The child's education placement has changed since the last review hearing.
a. The child's educational records, including any evaluation regarding a disability, were requested by the child's new school within two business days of the request to enroll and those records were provided by the child's former school to the child's new school within two business days of the receipt of the educational records request.
b. The child is enrolled in school.
c. The child is attending school.
22. Child 14 years of age or older:
The services stated in the case plan include those needed to assist the child in making the transition from foster care to
successful adulthood.
The services stated in the case plan do not include those needed to assist the child in making the transition from foster care to successful adulthood.
To assist the child in making the transition to successful adulthood, the county agency must add to the case plan and provide the services
stated on the record. as follows:
Siblings
23. The child does not have siblings under the court's jurisdiction.
24.
The child has siblings under the court's jurisdiction. Sibling Attachment: Contact and Placement (form JV-403) is
attached and incorporated by reference.
25.
The child has siblings. A postadoption sibling contact agreement
been developed. If not,
the court has inquired into the status of the development of a voluntary postadoption sibling contact agreement.
Permanent plan
26. a. The permanent plan of adoption is appropriate and is ordered to continue as the permanent plan.
b.The likely date by which the child's adoption will be finalized is (specify date):
27. a. The permanent plan of tribal customary adoption is appropriate and is ordered to continue as the permanent plan.
b.The likely date by which the child's tribal customary adoption will be finalized is (specify date):
28. a. The child's permanent plan of adoption may or may not be appropriate, and the matter is ordered set for a hearing under Welf. & Inst. Code, § 366.26 to select the most appropriate permanent plan for the child. The county agency and the licensed county adoption agency or the California Department of Social Services, acting as an adoption agency, will prepare and serve an assessment report as described in Welf. & Inst. Code, § 366.22(b).
b.The likely date by which the child may be placed for adoption, tribal customary adoption, legal guardianship, or with a fit and willing relative (specify date):
29. Contact with the child is ordered as follows (check appropriate box and attach indicated form):
a. Visitation Attachment: Parent, Legal Guardian, Indian Custodian, Other Important Person (form JV-400).
b. Visitation Attachment: Sibling (form JV-401).
c. Visitation Attachment: Grandparent (form JV-402).
30.All prior orders not in conflict with this order remain in full force and effect.
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31. Other findings and orders:
a. See attached.
b. (Specify):
32. The next hearing is scheduled as follows:
Hearing date:
Time:
Dept:
Room:
Postpermanency hearing (Welf. & Inst. Code, § 366.3)
Selection and implementation hearing (Welf. & Inst. Code, § 366.26) Other (specify):
33.Number of pages attached:
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Filling out the California JV-445 form is a crucial step in the post-permanency hearing process. This form collects important information about the child, the court proceedings, and the parties involved. Once completed, the form will be submitted to the court, where it will help guide decisions regarding the child's future.
What is the purpose of the California JV-445 form?
The California JV-445 form is used to document findings and orders after a post-permanency hearing. This hearing typically occurs when parental rights have been terminated, and the court is considering a permanent plan for the child, such as adoption. The form ensures that all necessary information regarding the child's placement, needs, and future plans is clearly recorded and communicated to all parties involved in the case.
Who needs to complete the JV-445 form?
What information must be included in the JV-445 form?
The form requires a range of information, including the child's name, case number, and details about the post-permanency hearing. It must document who was present at the hearing, the evidence considered, and the findings made by the court. Additionally, it includes sections for the court to determine the appropriateness of the child's current placement, the involvement of the child in the case plan, and any services needed to support the child’s health and education.
How does the JV-445 form address the child's needs?
The JV-445 form includes specific sections that assess the child’s educational, physical, mental health, and developmental needs. It requires the court to evaluate whether these needs are being met and to identify any additional services or assessments necessary for the child. This comprehensive approach helps ensure that the child’s well-being is prioritized in the court's decisions.
What happens after the JV-445 form is completed?
Once the JV-445 form is completed and submitted to the court, the judge will review the findings and orders documented within it. The court will then issue orders based on the information provided, which may include decisions regarding the child's placement, the approval of a permanent plan, and scheduling future hearings. The form serves as an official record of the court's decisions and is crucial for ongoing case management.
Is the JV-445 form available for public access?
The JV-445 form is generally considered a public document, but access may be limited to protect the privacy of the child and the families involved. Certain information may be redacted or withheld to maintain confidentiality. Interested parties should check with the court for specific access guidelines and any restrictions that may apply to the case.
When filling out the California JV-445 form, individuals often make several common mistakes that can lead to complications in their case. Awareness of these pitfalls can help ensure a smoother process.
One frequent error is leaving out crucial information in the contact details. It’s essential to provide a complete name, address, and phone number for all parties involved. Missing or incorrect information can delay proceedings and create confusion for the court.
Another common mistake is neglecting to indicate whether the child has been notified about the hearing. For children aged 10 years or older, it’s vital to confirm that they were informed of their right to attend. Failing to do so can result in the court questioning the validity of the process.
People also often overlook the section regarding the child's placement. It’s important to accurately report whether the current placement is appropriate. Misrepresenting this information can lead to unnecessary delays in finding a suitable environment for the child.
In addition, not providing evidence or documentation can be detrimental. The form requires the court to consider reports from social workers and other relevant parties. Failing to include these documents can weaken the case and affect the court's decisions.
Moreover, individuals sometimes forget to check the appropriate boxes regarding the child's involvement in the case plan development. This oversight can suggest that the child’s needs are not being adequately addressed, which may raise concerns for the court.
Another mistake involves the section on the child's educational and health needs. It’s crucial to provide detailed information on whether these needs are being met. Incomplete answers can lead to additional hearings and assessments.
Lastly, not specifying the next hearing date can create confusion. Ensuring that this information is clearly noted helps all parties stay informed and prepared for upcoming proceedings.
By being mindful of these common mistakes, individuals can navigate the JV-445 form process more effectively and contribute to a more favorable outcome for the child involved.
The California JV-445 form is a critical document used during post-permanency hearings, particularly when parental rights have been terminated and the permanent plan is adoption. Alongside this form, there are several other documents that are often utilized to ensure a comprehensive understanding of the child's situation and the decisions being made. Here are four commonly associated forms:
These documents work in tandem with the JV-445 form to create a comprehensive framework for the child’s post-permanency plan. Each form plays a vital role in ensuring that the child's needs are met and that their relationships with family members are preserved, fostering a supportive environment during a challenging time.
The California JV-445 form is essential in child welfare cases, particularly concerning post-permanency hearings. Several other documents serve similar purposes in this context. Here are four documents that share similarities with the JV-445 form:
Each of these documents plays a critical role in ensuring that the court has the necessary information to make informed decisions regarding a child's future.
When filling out the California JV-445 form, it's crucial to follow specific guidelines to ensure accuracy and compliance. Here’s a list of dos and don'ts:
Misconceptions about the California JV-445 form can lead to confusion and misinterpretation of its purpose. Here are nine common misconceptions along with clarifications:
Understanding these misconceptions can help clarify the role of the JV-445 form in the legal process and ensure that all parties involved are better prepared for the proceedings ahead.
Filling out the California JV-445 form is a critical step in the post-permanency hearing process. Here are key takeaways to keep in mind: