Form JV-457 "Twenty-Four-Month Prepermanency Attachment: Reunification Services Terminated (Welf. & Inst. Code, 366.25)" - California

What Is Form JV-457?

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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Download Form JV-457 "Twenty-Four-Month Prepermanency Attachment: Reunification Services Terminated (Welf. & Inst. Code, 366.25)" - California

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JV-457
CHILD'S NAME:
CASE NUMBER:
TWENTY-FOUR-MONTH PERMANENCY ATTACHMENT:
REUNIFICATION SERVICES TERMINATED
(Welf. & Inst. Code, § 366.25)
1. By a preponderance of the evidence, the return of the child to his or her parent or legal guardian would create a substantial risk of
detriment to the safety, protection, or physical or emotional well-being of the child. The factual basis for this conclusion is stated on
the record.
2. The child's out-of-home placement is necessary.
Reunification services are terminated.
3.
4.
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:
have
have not
a. Affirmative, active, thorough, and timely efforts
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 plan
b.
and with accessing or developing the resources necessary to satisfy the case plan;
To the maximum extent possible, the efforts
provided in a manner consistent with the prevailing
were
were not
c.
social and cultural conditions and way of life of the child's tribe; and
d. These efforts and the case plan
have
have not
been developed and conducted to the maximum extent
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.
5.
The child is an Indian child or
there is reason to know that the child is an Indian child, and
a.
Qualified expert witness testimony was provided by
(name):
; and
b.
Evidence regarding the prevailing social and cultural practices of the child's tribe was provided; and
c.
There was clear and convincing evidence that continued physical custody by the following person is likely to cause
serious emotional or physical damage to the child:
mother
biological father
legal guardian
presumed father
Indian custodian
other (specify):
6.
There has been a change in the child's placement, and the child is an Indian child or there is reason to know that the child is
an Indian child. Currently (choose one):
a.
The child is placed with a member of the child's extended family as defined by 25 U.S.C. § 1903; or
A diligent search was made for a placement with a member of the child's extended family, the efforts are documented in
b.
detail in the record, and the child is placed in a foster home licensed, approved, or specified by the Indian child's tribe; or
c.
A diligent search was made for a placement with a member of the child's extended family, in a foster home licensed,
approved, or specified by the Indian child's tribe, the efforts are documented in detail in the record, and the child is placed
in an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or
d.
A diligent search was made for a placement with a member of the child's extended family, in a foster home licensed,
approved, or specified by the Indian child's tribe, or in an Indian foster home licensed or approved by an authorized non-
Indian licensing authority, the efforts are documented in detail in the record, and the child is placed in an institution for
children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian
child's needs; or
e.
The child is placed in accordance with the preferences established by the tribe; or
f.
The court finds by clear and convincing evidence that there is good cause to depart from the placement preferences
based on the reasons set out in the record.
The child's current placement is appropriate.
7.
Page 1 of 3
Welfare and Institutions Code, §§ 366.25, 16501.1;
Form Approved for Optional Use
TWENTY-FOUR-MONTH PREPERMANENCY ATTACHMENT:
Cal. Rules of Court, rules 5.708 and 5.722
Judicial Council of California
REUNIFICATION SERVICES TERMINATED
www.courts.ca.gov
JV-457 [Rev. January 1, 2020]
(Welf. & Inst. Code, § 366.25)
JV-457
CHILD'S NAME:
CASE NUMBER:
TWENTY-FOUR-MONTH PERMANENCY ATTACHMENT:
REUNIFICATION SERVICES TERMINATED
(Welf. & Inst. Code, § 366.25)
1. By a preponderance of the evidence, the return of the child to his or her parent or legal guardian would create a substantial risk of
detriment to the safety, protection, or physical or emotional well-being of the child. The factual basis for this conclusion is stated on
the record.
2. The child's out-of-home placement is necessary.
Reunification services are terminated.
3.
4.
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:
have
have not
a. Affirmative, active, thorough, and timely efforts
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 plan
b.
and with accessing or developing the resources necessary to satisfy the case plan;
To the maximum extent possible, the efforts
provided in a manner consistent with the prevailing
were
were not
c.
social and cultural conditions and way of life of the child's tribe; and
d. These efforts and the case plan
have
have not
been developed and conducted to the maximum extent
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.
5.
The child is an Indian child or
there is reason to know that the child is an Indian child, and
a.
Qualified expert witness testimony was provided by
(name):
; and
b.
Evidence regarding the prevailing social and cultural practices of the child's tribe was provided; and
c.
There was clear and convincing evidence that continued physical custody by the following person is likely to cause
serious emotional or physical damage to the child:
mother
biological father
legal guardian
presumed father
Indian custodian
other (specify):
6.
There has been a change in the child's placement, and the child is an Indian child or there is reason to know that the child is
an Indian child. Currently (choose one):
a.
The child is placed with a member of the child's extended family as defined by 25 U.S.C. § 1903; or
A diligent search was made for a placement with a member of the child's extended family, the efforts are documented in
b.
detail in the record, and the child is placed in a foster home licensed, approved, or specified by the Indian child's tribe; or
c.
A diligent search was made for a placement with a member of the child's extended family, in a foster home licensed,
approved, or specified by the Indian child's tribe, the efforts are documented in detail in the record, and the child is placed
in an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or
d.
A diligent search was made for a placement with a member of the child's extended family, in a foster home licensed,
approved, or specified by the Indian child's tribe, or in an Indian foster home licensed or approved by an authorized non-
Indian licensing authority, the efforts are documented in detail in the record, and the child is placed in an institution for
children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian
child's needs; or
e.
The child is placed in accordance with the preferences established by the tribe; or
f.
The court finds by clear and convincing evidence that there is good cause to depart from the placement preferences
based on the reasons set out in the record.
The child's current placement is appropriate.
7.
Page 1 of 3
Welfare and Institutions Code, §§ 366.25, 16501.1;
Form Approved for Optional Use
TWENTY-FOUR-MONTH PREPERMANENCY ATTACHMENT:
Cal. Rules of Court, rules 5.708 and 5.722
Judicial Council of California
REUNIFICATION SERVICES TERMINATED
www.courts.ca.gov
JV-457 [Rev. January 1, 2020]
(Welf. & Inst. Code, § 366.25)
JV-457
CASE NUMBER:
CHILD'S NAME:
The child's current placement is not appropriate. The county agency must locate an appropriate placement for the child.
8.
a.
The matter is continued to the date and time indicated in form JV-455, item 27 for a
written
oral
report by the county agency on the progress made in locating an appropriate placement.
b.
Other (specify):
9.
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.
written
oral
The matter is continued to the date and time indicated in form JV-455, item 27 for a
report by the county 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.
(3)
Other (specify):
Selection of permanent plan
The county agency
exercised due diligence to locate an appropriate relative with whom the child
10.
has
has not
could be placed. Each relative whose name has been submitted to the department
has
has not
been
evaluated.
11.
By clear and convincing evidence, there is a compelling reason for determining that a hearing under Welf. & Inst.
Code, § 366.26 is not in the best interest of the child because the child is not a proper subject for adoption at this time and
a potential legal guardian has not been identified.
a.
The child's permanent plan is placement with (name):
a fit and willing relative.
The likely date by which the child's permanent plan will be achieved is (specify date):
b.
The child remains in foster care with a permanent plan of (specify):
(1)
Return home.
Adoption.
(2)
Tribal customary adoption.
(3)
Legal guardianship.
(4)
(5)
The child is 16 years of age or older, there is a compelling reason that no other preferred permanent plan is in the
child's best interest, and the child is ordered placed in another planned permanent living arrangement with ongoing
and intensive efforts to:
return home
establish legal guardianship
place for adoption
place with a relative
other
(specify):
The likely date by which the child's permanent plan will be achieved is (specify date):
c.
The court finds that the barriers to achieving the child's permanent plans are (describe):
12.
For children 16 years of age or older placed in another planned permanent living arrangement:
a. The court asked the child where he or she wants to live and the child provided the following information (describe):
b. The court has considered the evidence before it and finds that another planned permanent living arrangement is the best
permanent plan because (describe):
c. The compelling reasons why the other permanent plan options are not in the child's best interest are (describe):
JV-457 [Rev. January 1, 2020]
TWENTY-FOUR-MONTH PREPERMANENCY ATTACHMENT:
Page 2 of 3
REUNIFICATION SERVICES TERMINATED
(Welf. & Inst. Code, § 366.25)
JV-457
CHILD'S NAME:
CASE NUMBER:
13.
a. The matter is ordered set for hearing under Welf. & Inst. Code, § 366.26 to select the most appropriate
permanent plan for the child.
b. By clear and convincing evidence, reasonable services have been provided or offered to the child's parents, legal
guardian, or Indian custodian.
c. 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, § 366.25(b).
d. The court advised all parties present in court that to preserve any right to review on appeal of this order, a party must
seek an extraordinary writ by filing a notice of intent to file a writ petition and a request for the record, which may be
submitted on Notice of Intent to File Writ Petition and Request for Record (form JV-820), and a petition for extraordinary
writ, which may be submitted on Petition for Extraordinary Writ (form JV-825). A copy of each form is available in the
courtroom. The court advised all parties present in court that, as to them, a notice of intent to file a writ petition and
request for record must be filed with the juvenile court clerk within seven days of the date of this hearing. The clerk of the
court must provide written notice as stated in rule 5.590(b)(2) of the California Rules of Court to any party not present.
The court advised each parent present in court of the date, time, and place of the hearing set under Welf. & Inst. Code,
e.
§ 366.26; their right to counsel; the nature of the proceedings; and the requirement that at the proceedings the court must
select and implement a plan of adoption, guardianship, placement with a fit and willing relative, or another planned
permanent living arrangement, or, in the case of an Indian child, tribal customary adoption for the child. The court
ordered each parent present in court to appear for the hearing set under Welf. & Inst. Code, § 366.26 and directed that
each parent be notified hereafter by first-class mail to his or her usual place of residence or business only.
The court orders that no notice of the hearing set under Welf. & Inst. Code, § 366.26 be provided to the person
f.
named below, who is a mother, a presumed father, or an alleged father and who has relinquished the child for
adoption where the relinquishment has been accepted and filed with notice under Fam. Code, § 8700, or an
alleged father who has denied paternity and has executed section 2 of Statement Regarding Parentage (Juvenile)
(form JV-505).
(name):
(1)
(name):
(2)
(3)
(name):
(name):
(4)
g.
The likely date by which the child may be placed for adoption, tribal customary adoption, legal guardianship, or with a fit
and willing relative is (specify date):
Important individuals
14.
Child in out-of-home placement for six months or longer
a.
The county agency has made efforts to identify individuals who are important to the child and to maintain the
child's relationships with those individuals, consistent with the child's best interest.
b.
The county agency has not made efforts to identify individuals who are important to the child and to maintain the
child's relationships with those individuals, consistent with the child's best interest.
c.
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.
(1)
as follows:
(2)
Health
15.
The
mother
biological father
Indian custodian
other
presumed father
legal guardian
(specify):
is
unable
unwilling
unavailable
to make decisions regarding the child's needs for medical,
surgical, dental, or other remedial care, and the right to make these decisions is suspended under Welf. & Inst. Code, § 369
and vested with the county agency.
JV-457 [Rev. January 1, 2020]
TWENTY-FOUR-MONTH PREPERMANENCY ATTACHMENT:
Page 3 of 3
REUNIFICATION SERVICES TERMINATED
(Welf. & Inst. Code, § 366.25)
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