Form JV-415 "Findings and Orders After Dispositional Hearing (Welf. & Inst. Code, 361 Et Seq.)" - California

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Form Details:

  • Released on January 1, 2020;
  • The latest edition provided by the California Superior Court;
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Download Form JV-415 "Findings and Orders After Dispositional Hearing (Welf. & Inst. Code, 361 Et Seq.)" - California

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JV-415
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
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CHILD'S NAME:
CASE NUMBER:
FINDINGS AND ORDERS AFTER DISPOSITIONAL HEARING
(Welf. & Inst. Code, § 361 et seq.)
1. This matter came before the court on the
other
original petition
subsequent petition
supplemental petition
(specify):
filed on (date):
2. Dispositional hearing
a.
e. Court reporter (name):
Date:
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):
3. The court has read and considered and admits into evidence:
Report of social worker
dated:
a.
(1)
For the purposes of establishing a guardianship, the report of the social worker includes an assessment as specified
in Welf. & Inst. Code, §§ 360(a), 361.5(g).
(2)
In the case of an Indian child, the report of the social worker includes:
(a) Evidence that the agency
has
has not
provided affirmative, active, thorough, and timely efforts to
prevent the breakup of the Indian family and make it possible for the child to be returned home, and these efforts have
successful
unsuccessful;
proved
(b) An assessment in consultation with the Indian child's tribe, as specified in Welf. & Inst. Code, § 358.1(j), whether tribal
customary adoption is an appropriate permanent plan for the child if reunification is unsuccessful.
Page 1 of 4
Form Approved for Optional Use
FINDINGS AND ORDERS AFTER
42 United States Code § 675;
Judicial Council of California
Welfare and Institutions Code, § 361 et seq.;
DISPOSITIONAL HEARING
JV-415 [Rev. January 1, 2020]
Cal. Rules of Court, rule 5.695
www.courts.ca.gov
(Welf. & Inst. Code, § 361 et seq.)
JV-415
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
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CHILD'S NAME:
CASE NUMBER:
FINDINGS AND ORDERS AFTER DISPOSITIONAL HEARING
(Welf. & Inst. Code, § 361 et seq.)
1. This matter came before the court on the
other
original petition
subsequent petition
supplemental petition
(specify):
filed on (date):
2. Dispositional hearing
a.
e. Court reporter (name):
Date:
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):
3. The court has read and considered and admits into evidence:
Report of social worker
dated:
a.
(1)
For the purposes of establishing a guardianship, the report of the social worker includes an assessment as specified
in Welf. & Inst. Code, §§ 360(a), 361.5(g).
(2)
In the case of an Indian child, the report of the social worker includes:
(a) Evidence that the agency
has
has not
provided affirmative, active, thorough, and timely efforts to
prevent the breakup of the Indian family and make it possible for the child to be returned home, and these efforts have
successful
unsuccessful;
proved
(b) An assessment in consultation with the Indian child's tribe, as specified in Welf. & Inst. Code, § 358.1(j), whether tribal
customary adoption is an appropriate permanent plan for the child if reunification is unsuccessful.
Page 1 of 4
Form Approved for Optional Use
FINDINGS AND ORDERS AFTER
42 United States Code § 675;
Judicial Council of California
Welfare and Institutions Code, § 361 et seq.;
DISPOSITIONAL HEARING
JV-415 [Rev. January 1, 2020]
Cal. Rules of Court, rule 5.695
www.courts.ca.gov
(Welf. & Inst. Code, § 361 et seq.)
JV-415
CHILD'S NAME:
CASE NUMBER:
Report of CASA volunteer
3.
dated:
b.
Case plan
c.
dated:
Other
d.
(specify):
Other
e.
(specify):
Testimony of qualified expert witness under the Indian Child Welfare Act
f.
BASED ON THE FOREGOING AND ON ALL OTHER EVIDENCE RECEIVED, THE COURT FINDS AND ORDERS:
4. a.
Notice of the date, time, and location of the hearing was given as required by law.
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.
5.
a.
The child
an Indian child, and notice of the proceeding and the right of the tribe to intervene
is
may be
was provided as required by law. Proof of such notice was filed with this court.
b.
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.
6.
A Court Appointed Special Advocate is appointed for the child.
7.
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.
b.
The clerk of the court is ordered to provide the notice required by Welf. & Inst. Code, § 316.2 to
(1)
alleged parent (name):
(2)
alleged parent (name):
(3) alleged parent (name):
8.
ICWA Inquiry
The court finds that the social worker or probation officer has asked the child, if old enough, and his or her parents or
a.
legal guardians, and the following relatives,
, whether there is information that
provides reason to know the child is an Indian child.
The court, on the record, has asked the child, if old enough, and his or her parents or legal guardians, all participants in
b.
the proceedings, and the following relatives,
, whether there is information
indicating the child is an Indian child.
The parties were instructed to inform the court if they receive any information indicating that the child is an Indian child.
c.
d.
(1)
The court finds that there is no reason to know that the child is an Indian child. Unless new information is received
indicating that the child is an Indian child, ICWA does not apply. OR
(2)
The court finds that there is reason to know that the child is an Indian child; and
(a)
The agency has presented evidence in the record that it has exercised due diligence to identify and work with all of
the tribes of which the child may be a member or eligible for membership to verify the child's status;
(b)
Notice has been provided as required by law; and
(c) The court will treat the child as an Indian child until it is determined on the record that the child is not an Indian child.
(3)
The court finds that the child is an Indian child and a member of the
tribe.
Page 2 of 4
JV-415 [Rev. January 1, 2020]
FINDINGS AND ORDERS AFTER
DISPOSITIONAL HEARING
(Welf. & Inst. Code, § 361 et seq.)
JV-415
CHILD'S NAME:
CASE NUMBER:
Advisements and waivers
9. The court informed and advised the
mother
biological father
legal guardian
child
presumed father
Indian custodian
alleged father
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.
10. The
mother
biological father
legal guardian
child
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.
11.
Sibling group
The child and the child's siblings listed below form a sibling group in which at least one child in the sibling group was under
the age of three years at the time of the initial removal, and all children in the sibling group were removed from parental
custody at the same time.
Sibling (name):
a.
b.
c.
d.
e.
f.
12. Disposition is ordered as stated in (check appropriate box and attach indicated form):
a.
Dispositional Attachment: Dismissal of Petition With or Without Informal Supervision (Welf. & Inst. Code, § 360(b)) (form
JV-416), which is attached and incorporated by reference.
b.
Dispositional Attachment: In-Home Placement With Formal Supervision (Welf. & Inst. Code, § 361) (form JV-417), which
is attached and incorporated by reference.
c.
Dispositional Attachment: Appointment of Guardian (Welf. & Inst. Code, § 360(a)) (form JV-418), which is attached and
incorporated by reference.
d.
Dispositional Attachment: Removal From Custodial Parent—Placement With Previously Noncustodial Parent (Welf. & Inst.
Code, §§ 361, 361.2) (form JV-420), which is attached and incorporated by reference.
e.
Dispositional Attachment: Removal From Custodial Parent—Placement With Nonparent (Welf. & Inst. Code, §§ 361,
361.2) (form JV-421), which is attached and incorporated by reference.
13. The child's rights under Welf. & Inst. Code, § 388 and the procedure for bringing a petition under Welf. & Inst. Code, § 388,
including the availability of appropriate and necessary forms, were provided to the child as follows:
a.
Child under the age of 12 years, through the child's attorney of record or guardian ad litem
b.
Child 12 years of age or older who was present at the hearing, on the record and in writing by handing the child a copy of
Child's Information Sheet—Request to Change Court Order (form JV-185)
c.
Child 12 years of age or older who was not present at the hearing, in writing by mailing the child a copy of Child's
Information Sheet—Request to Change Court Order (form JV-185)
Page 3 of 4
FINDINGS AND ORDERS AFTER
JV-415 [Rev. January 1, 2020]
DISPOSITIONAL HEARING
(Welf. & Inst. Code, § 361 et seq.)
JV-415
CHILD'S NAME:
CASE NUMBER:
Contact with the child is ordered as stated in (check appropriate box and attach indicated form):
14.
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).
15. The child's medical, dental, mental health, and educational information required by Welfare and Institutions Code section 16010
was provided by the
mother
presumed father
biological father
legal guardian
other
alleged father
Indian custodian
(specify):
16 All prior orders not in conflict with this order remain in full force and effect.
17.
Other findings and orders:
a.
See attached.
b.
(Specify):
The next hearing is scheduled as follows:
18.
Hearing date:
Time:
Dept.:
Room:
a.
In-home status review hearing (Welf. & Inst. Code, § 364)
b.
Six-month permanency hearing (Welf. & Inst. Code, § 366.21(e))
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):
19.
The petition is dismissed. Jurisdiction of the court is terminated. All appointed counsel are relieved of the duty to provide
further representation.
20. Number of pages attached:
Date:
JUDGE
JUDGE PRO TEMPORE
Date:
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 4 of 4
FINDINGS AND ORDERS AFTER
JV-415 [Rev. January 1, 2020]
DISPOSITIONAL HEARING
(Welf. & Inst. Code, § 361 et seq.)
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