Form JV-435 "Findings and Orders After 12-month Permanency Hearing" - California

What Is Form JV-435?

This is a legal form that was released by the California Superior Court - a government authority operating within California. As of today, no separate filing guidelines for the form are provided by the issuing department.

Form Details:

  • Released on January 1, 2020;
  • The latest edition provided by the California Superior Court;
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  • Fill out the form in our online filing application.

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Download Form JV-435 "Findings and Orders After 12-month Permanency Hearing" - California

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JV-435
STATE BAR NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY
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
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CHILD'S NAME:
FINDINGS AND ORDERS AFTER
CASE NUMBER:
12-MONTH PERMANENCY HEARING
(Welf. & Inst. Code, § 366.21(f))
1.
Twelve-month permanency hearing
a. Date:
e. Court reporter (name):
b. Department:
f. Bailiff (name):
g. Interpreter (name and language):
c. Judicial officer (name):
d. Court clerk (name):
Appointed
h. Party (name):
Present
Attorney (name):
Present
today
(1)
Child:
(2)
Mother:
(3)
Father—presumed:
(4)
Father—biological:
(5)
Father—alleged:
(6)
Legal guardian:
(7)
Indian custodian:
(8)
De facto parent:
(9)
County agency social worker:
(10)
Tribal representative:
(11)
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:
Report of social worker
a.
dated:
Report of CASA volunteer
b.
dated:
Case plan
c.
dated:
Other
d.
(specify):
Other
e.
(specify):
BASED ON THE FOREGOING AND ON ALL OTHER EVIDENCE RECEIVED, THE COURT FINDS AND ORDERS:
a.
Notice of the date, time, and location of the hearing was given as required by law.
3.
b.
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.
Page 1 of 5
FINDINGS AND ORDERS AFTER
Form Approved for Optional Use
42 United States Code § 675;
Judicial Council of California
Welfare and Institutions Code, §§ 366.21(f), 16501.1;
12-MONTH PERMANENCY HEARING
JV-435 [Rev. January 1, 2020]
Cal. Rules of Court, rules 5.708 and 5.715
www.courts.ca.gov
(Welf. & Inst. Code, § 366.21(f))
JV-435
STATE BAR NO.:
ATTORNEY OR PARTY WITHOUT ATTORNEY
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
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CHILD'S NAME:
FINDINGS AND ORDERS AFTER
CASE NUMBER:
12-MONTH PERMANENCY HEARING
(Welf. & Inst. Code, § 366.21(f))
1.
Twelve-month permanency hearing
a. Date:
e. Court reporter (name):
b. Department:
f. Bailiff (name):
g. Interpreter (name and language):
c. Judicial officer (name):
d. Court clerk (name):
Appointed
h. Party (name):
Present
Attorney (name):
Present
today
(1)
Child:
(2)
Mother:
(3)
Father—presumed:
(4)
Father—biological:
(5)
Father—alleged:
(6)
Legal guardian:
(7)
Indian custodian:
(8)
De facto parent:
(9)
County agency social worker:
(10)
Tribal representative:
(11)
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:
Report of social worker
a.
dated:
Report of CASA volunteer
b.
dated:
Case plan
c.
dated:
Other
d.
(specify):
Other
e.
(specify):
BASED ON THE FOREGOING AND ON ALL OTHER EVIDENCE RECEIVED, THE COURT FINDS AND ORDERS:
a.
Notice of the date, time, and location of the hearing was given as required by law.
3.
b.
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.
Page 1 of 5
FINDINGS AND ORDERS AFTER
Form Approved for Optional Use
42 United States Code § 675;
Judicial Council of California
Welfare and Institutions Code, §§ 366.21(f), 16501.1;
12-MONTH PERMANENCY HEARING
JV-435 [Rev. January 1, 2020]
Cal. Rules of Court, rules 5.708 and 5.715
www.courts.ca.gov
(Welf. & Inst. Code, § 366.21(f))
JV-435
CASE NUMBER:
CHILD'S NAME:
The child is an Indian child or
there is reason to know the child is an Indian child, and notice of the proceeding and
4.
the right of the tribe to intervene was provided as required by law. Proof of such notice was filed with this court.
A Court Appointed Special Advocate is appointed for the child.
5.
6. Parentage
The court inquired of the child's parents present at the hearing and other appropriate persons present as to the identity
a.
and addresses of all presumed or alleged parents of the child. All alleged parents present during the hearing who had
not previously submitted a Statement Regarding Parentage (Juvenile) (form JV-505) were provided with and ordered to
complete form JV-505 and submit it to the court.
The clerk of the court is ordered to provide the notice required by Welf. & Inst. Code, § 316.2 to
b.
(1) alleged parent (name):
(2) alleged parent (name):
(3) alleged parent (name):
Advisements and waivers
The court has informed and advised the
7.
mother
biological father
legal guardian
child
presumed father
alleged father
Indian custodian
other
(specify):
of the following: the right to assert the privilege against self-incrimination; the right to confront and cross-examine the persons who
prepared the reports or documents submitted to the court by the petitioner and the witnesses called to testify at the hearing; the
right to subpoena witnesses; the right to present evidence on one's own behalf; and the right of the child and each parent, legal
guardian, and Indian custodian to be present and to be represented by counsel at every stage of the proceedings. The court may
appoint counsel subject to the court's right to seek reimbursement, if an individual is entitled to appointed counsel and the individual
is financially unable to retain counsel.
mother
biological father
legal guardian
child
8.
The
presumed father
alleged father
Indian custodian
other
(specify):
has knowingly and intelligently waived the right to a court trial on the issues, the right to assert the privilege against self-
incrimination, the right to confront and cross-examine adverse witnesses, the right to subpoena witnesses, and the right to present
evidence on his or her own behalf.
Case plan development
a.
The following were actively involved in the case plan development, including the child's plan for permanent placement.
9.
child
mother
father
representative of child's identified Indian tribe
other
(specify):
The following were not actively involved in the case plan development, including the child's plan for permanent
b.
placement. The county agency is ordered to actively involve them and submit an updated case plan within 30 days of the
date of this hearing.
child
mother
father
representative of child's identified Indian tribe
other
(specify):
The following were not actively involved in the case plan development, including the child's plan for permanent
c.
placement. The county agency is not required to involve them because these persons are unable, unavailable, or
unwilling to participate.
child
mother
father
representative of child's identified Indian tribe
other
(specify):
JV-435 [Rev. January 1, 2020]
FINDINGS AND ORDERS AFTER
Page 2 of 5
12-MONTH PERMANENCY HEARING
(Welf. & Inst. Code, § 366.21(f))
JV-435
CASE NUMBER:
CHILD'S NAME:
Efforts
10.
The county agency
a.
has
b.
has not
complied with the case plan by making reasonable efforts to return the child to a safe home through the provision of reasonable
services designed to aid in overcoming the problems that led to the initial removal and continued custody of the child and by
making reasonable efforts to complete whatever steps are necessary to finalize the permanent placement of the child.
11.
The child is an Indian child or there is reason to know that the child is an Indian child, and as set out in detail in the record:
a. Affirmative, active, thorough, and timely efforts
have
have not
been made to provide remedial services and
rehabilitative programs designed to prevent the breakup of the Indian family;
These efforts
did
did not
include assisting the parent(s) or Indian custodian through the steps of the case
b.
plan and with accessing or developing the resources necessary to satisfy the case plan;
To the maximum extent possible, the efforts
were
provided in a manner consistent with the
were not
c.
prevailing social and cultural conditions and way of life of the child's tribe; and
d. These efforts and the case plan
been developed and conducted to the maximum extent
have
have not
possible in partnership with the Indian child, the parents, extended family members, Indian custodians, and the tribe, and utilized
the available resources of the Indian child's extended family, tribe, tribal and other Indian social service agencies, and individual
Indian caregiver service providers.
e. The active efforts have proved
successful
unsuccessful.
12.
The following persons have made the indicated level of progress toward alleviating or mitigating the causes
necessitating placement:
None
Minimal
Adequate
Substantial
Excellent
a.
Mother
b.
Presumed father
c.
Biological father
d.
Legal guardian
e.
Indian custodian
Other
f.
(specify):
Siblings
13.
The child does not have siblings under the court's jurisdiction.
14.
The child has siblings under the court's jurisdiction. Sibling Attachment: Contact and Placement (form JV-403) is
attached and incorporated by reference.
Health and education
15.
a.
A limitation on the right of the parents to make educational decisions for the child is not necessary. The parents
hold educational rights and responsibilities in regard to the child's education, including those described in rule 5.650(e)
and (f) of the California Rules of Court. A copy of rule 5.650(e) and (f) may be obtained from the court clerk.
b.
A limitation on the right of the parents to make educational decisions for the child is necessary, and those rights are
limited as stated in Order Designating Educational Rights Holder (form JV-535) filed in this matter. The educational rights
and responsibilities of the educational representative are described in rule 5.650(e) and (f) of the California Rules of
Court. A copy of rule 5.650(e) and (f) may be obtained from the court clerk.
JV-435 [Rev. January 1, 2020]
FINDINGS AND ORDERS AFTER
Page 3 of 5
12-MONTH PERMANENCY HEARING
(Welf. & Inst. Code, § 366.21(f))
JV-435
CASE NUMBER:
CHILD'S NAME:
16. a. The child's educational needs
are
are not
being met.
b. The child's physical needs
are
are not
being met.
c. The child's mental health needs
are
are not
being met.
d. The child's developmental needs
are
are not
being met.
17.
The child
does
does not
have an order authorizing psychotropic medication. The next hearing to review the
psychotropic medication order is on (date):
.
18.
The additional services, assessments, and/or evaluations the child requires to meet the unmet needs specified in item 16 or
other concerns are:
a.
stated in the social worker's report.
b.
specified here:
19.
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 18:
a.
Social worker.
Parent
b.
(name):
Surrogate parent
(name):
c.
Educational representative
d.
(name):
Other
e.
(name):
20.
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.
21.
Child 14 years of age or older:
a.
The services stated in the case plan include those needed to assist the child in making the transition from foster care to
successful adulthood.
b.
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.
c.
To assist the child in making the transition to successful adulthood, the county agency must add to the case plan and
provide the services
(1)
stated on the record.
(2)
as follows:
22. Placement and services are ordered as stated in (check appropriate boxes and attach indicated forms):
a.
Twelve-Month Permanency Attachment: Child Reunified (Welf. & Inst. Code, § 366.21(f)) (form JV-436), which is
attached and incorporated by reference.
b.
Twelve-Month Permanency Attachment: Reunification Services Continued (Welf. & Inst. Code, § 366.21(f)) (form
JV-437), which is attached and incorporated by reference.
c.
Twelve-Month Permanency Attachment: Reunification Services Terminated (Welf. & Inst. Code, § 366.21(f)) (form
JV-438), which is attached and incorporated by reference.
JV-435 [Rev. January 1, 2020]
Page 4 of 5
FINDINGS AND ORDERS AFTER
12-MONTH PERMANENCY HEARING
(Welf. & Inst. Code, § 366.21(f))
JV-435
CASE NUMBER:
CHILD'S NAME:
23.
Contact with the child is ordered as stated in (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).
24. All prior orders not in conflict with this order remain in full force and effect.
25.
Other findings and orders:
a.
See attached.
b.
(Specify):
26.
The next hearing is scheduled as follows:
Hearing date:
Time:
Dept.:
Room:
a.
In-home status review hearing (Welf. & Inst. Code, § 364)
b.
18-month permanency hearing (Welf. & Inst. Code, § 366.22)
c.
Selection and implementation hearing (Welf. & Inst. Code, § 366.26)
(Also schedule a Welf. & Inst. Code, § 366.3 status review hearing within six months.)
Hearing date:
Time:
Dept.:
Room:
d.
Postpermanency hearing (Welf. & Inst. Code, § 366.3)
Other
e.
(specify):
27.
The petition is dismissed. Jurisdiction of the court is terminated. All appointed counsel are relieved of the duty to provide
further representation.
28. Number of pages attached:
Date:
JUDGE
JUDGE PRO TEMPORE
COMMISSIONER
REFEREE
For Your Information
You may have a right to appellate review of some or all of the orders made during this hearing. Contact your attorney to discuss
your appellate rights. Decisions made at the next hearing may also be subject to appellate review. If you do not attend the next
hearing you may not be advised of your appellate rights. Contact your attorney if you miss the next hearing and want to discuss
your appellate rights.
Page 5 of 5
JV-435 [Rev. January 1, 2020]
FINDINGS AND ORDERS AFTER
12-MONTH PERMANENCY HEARING
(Welf. & Inst. Code, § 366.21(f))
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