Form JV-367 "Findings and Orders After Hearing to Consider Termination of Juvenile Court Jurisdiction Over a Nonminor" - California

What Is Form JV-367?

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, 2019;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
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  • Fill out the form in our online filing application.

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Download Form JV-367 "Findings and Orders After Hearing to Consider Termination of Juvenile Court Jurisdiction Over a Nonminor" - California

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JV-367
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE BAR NO.:
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:
NONMINOR'S NAME:
NONMINOR'S DATE OF BIRTH:
HEARING DATE AND TIME:
DEPT:
FINDINGS AND ORDERS AFTER HEARING TO CONSIDER TERMINATION
CASE NUMBER:
OF JUVENILE COURT JURISDICTION OVER A NONMINOR
Judicial Officer:
Court Clerk:
Court Reporter:
Bailiff:
Other Court Personnel:
Interpreter:
Language:
1.
Parties (name)
Present
Attorney (name)
Present
a. Nonminor:
b. Probation officer:
c. County agency social worker:
d. Other (specify):
2.
Parent
a.
Father
Mother (name):
b.
Father
Mother (name):
3.
Legal guardian (name):
4.
Indian custodian (name):
5.
Tribal representative (name):
6.
Others present
a. Other (name):
b. Other (name):
c. Other (name):
7.
The court has read and considered and admits into evidence
a.
The report of the social worker dated:
b.
The report of the probation officer dated:
c.
Other (specify):
d.
Other (specify):
e.
Other (specify):
Page 1 of 5
Form Adopted for Mandatory Use
FINDINGS AND ORDERS AFTER HEARING TO
Welfare & Institutions Code, §§ 391, 607.2, 607.3;
Judicial Council of California
Cal. Rules of Court, rule 5.555
CONSIDER TERMINATION OF JUVENILE COURT
JV-367 [Rev. January 1, 2021]
www.courts.ca.gov
JURISDICTION OVER A NONMINOR
JV-367
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE BAR NO.:
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:
NONMINOR'S NAME:
NONMINOR'S DATE OF BIRTH:
HEARING DATE AND TIME:
DEPT:
FINDINGS AND ORDERS AFTER HEARING TO CONSIDER TERMINATION
CASE NUMBER:
OF JUVENILE COURT JURISDICTION OVER A NONMINOR
Judicial Officer:
Court Clerk:
Court Reporter:
Bailiff:
Other Court Personnel:
Interpreter:
Language:
1.
Parties (name)
Present
Attorney (name)
Present
a. Nonminor:
b. Probation officer:
c. County agency social worker:
d. Other (specify):
2.
Parent
a.
Father
Mother (name):
b.
Father
Mother (name):
3.
Legal guardian (name):
4.
Indian custodian (name):
5.
Tribal representative (name):
6.
Others present
a. Other (name):
b. Other (name):
c. Other (name):
7.
The court has read and considered and admits into evidence
a.
The report of the social worker dated:
b.
The report of the probation officer dated:
c.
Other (specify):
d.
Other (specify):
e.
Other (specify):
Page 1 of 5
Form Adopted for Mandatory Use
FINDINGS AND ORDERS AFTER HEARING TO
Welfare & Institutions Code, §§ 391, 607.2, 607.3;
Judicial Council of California
Cal. Rules of Court, rule 5.555
CONSIDER TERMINATION OF JUVENILE COURT
JV-367 [Rev. January 1, 2021]
www.courts.ca.gov
JURISDICTION OVER A NONMINOR
JV-367
CASE NUMBER:
NONMINOR'S NAME:
BASED ON THE FOREGOING AND ON ALL OTHER EVIDENCE RECEIVED, THE COURT FINDS AND ORDERS
Findings
8.
Notice of the date, time, and location of the hearing was given as required by law.
9.
The nonminor is neither present in court nor participating by telephone and
a.
the nonminor expressed a wish not to appear for the hearing and did not appear.
b.
the nonminor's current location is unknown. Reasonable efforts
were
were not
made to find him or her.
10.
The nonminor had the opportunity to confer with his or her attorney about the issues currently before the court.
11. Remaining under juvenile court jurisdiction
is
is not
in the nonminor's best interests. The facts supporting this
determination were stated on the record.
The nonminor does not now meet any of the eligibility criteria in Welfare and Institutions Code, § 11403(b), to remain in
12. a.
foster care as a nonminor dependent under juvenile court jurisdiction.
The nonminor meets the following criteria in Welfare and Institutions Code, § 11403(b), to remain in foster care as a
b.
nonminor dependent under juvenile court jurisdiction.
The nonminor attends high school or a high school equivalency certificate (GED) program.
(1)
The nonminor attends a college, a community college, or a vocational education program.
(2)
The nonminor attends a program or takes part in activities that will promote employment or overcome barriers
(3)
to employment.
The nonminor is employed at least 80 hours per month.
(4)
The nonminor is incapable of doing any of the activities in (1)–(4) due to a medical condition.
(5)
13.
The nonminor has an application pending for title XVI Supplemental Security Income benefits, and the continuation of
juvenile court jurisdiction until a final decision has been issued to ensure continued assistance with the application process
is
is not
in the nonminor's best interests.
The nonminor has an application pending for Special Immigrant Juvenile status or other immigration relief for which an
14.
active juvenile court case is required.
15.
The nonminor was informed of the options available to make the transition from foster care to independence and
successful adulthood.
16.
The potential benefits of remaining in foster care under juvenile court jurisdiction were explained to the nonminor, and the
nonminor has stated that he or she understands those benefits.
17.
The nonminor was informed that if juvenile court jurisdiction is continued, he or she may have the right to have that
jurisdiction terminated and that if jurisdiction is then terminated, the court will maintain general jurisdiction for the purpose
of reviewing a request to resume jurisdiction over him or her as a nonminor dependent.
18.
The nonminor was informed that if juvenile court jurisdiction is terminated, he or she has the right to file a petition asking
the court to resume dependency jurisdiction or transition jurisdiction over him or her as a nonminor dependent as long as
he or she has not yet reached 21 years of age.
19. a.
The nonminor was provided with the information, documents, and services required under Welfare and Institutions
Code, § 391(d), and a completed Termination of Juvenile Court Jurisdiction—Nonminor (form JV-365) was filed with
this court.
b.
The nonminor cannot be located despite the department's reasonable efforts, and for that reason the nonminor was not
provided with the information, documents, services, and form specified in item 19a.
20.
The nonminor is subject to delinquency jurisdiction and either was previously a dependent of the court under section 300 or
was placed in foster care under section 727. The requirements of Welfare and Institutions Code, § 607.5,
were
were not
met.
JV-367 [Rev. January 1, 2021]
FINDINGS AND ORDERS AFTER HEARING TO
Page 2 of 5
CONSIDER TERMINATION OF JUVENILE COURT
JURISDICTION OVER A NONMINOR
JV-367
CASE NUMBER:
NONMINOR'S NAME:
was
was not
The nonminor is an Indian child under the Indian Child Welfare Act and
informed of his or her
21.
right to choose whether the Act will continue to apply to him or her as a nonminor dependent.
The nonminor
the Indian Child Welfare Act to continue to apply.
wants
does not want
22. a.
The Transitional Independent Living Case Plan includes a plan for a placement the nonminor believes is consistent with
his or her need to gain independence, reflects agreements made to obtain independent living skills, and sets out
benchmarks that indicate how the nonminor and social worker or probation officer will know when independence can be
achieved.
The Transitional Independent Living Plan identifies the nonminor's level of functioning, emancipation goals, and
b.
specific skills he or she needs to prepare for successful adulthood upon leaving foster care.
c.
The 90-day Transition Plan is a concrete, individualized plan that specifically covers housing, health insurance,
education, local opportunities for mentors and continuing support services, workforce supports and employment
services, and information that explains how and why to designate a power of attorney for health care.
Orders
23.
The nonminor dependent's continued placement is necessary.
24.
The nonminor dependent's continued placement is no longer necessary.
25.
The nonminor dependent's current placement is appropriate.
26.
The nonminor dependent's current placement is not appropriate. The county agency and the nonminor dependent must work
collaboratively to locate an appropriate placement.
27.
The nonminor dependent's Transitional Independent Living Case Plan
does not
include
does
appropriate and meaningful independent living skill services that will help the youth transition from foster care to successful
adulthood.
28.
The county agency
made reasonable efforts to comply with the nonminor dependent's
has
has not
Transitional Independent Living Case Plan, including efforts to finalize the youth's permanent plan and prepare him or her for
independence.
29. a. The extent of progress made by the nonminor dependent toward meeting the Transitional Independent Living Case Plan goals
excellent
satisfactory
minimal.
has been
b.
The modifications to the Transitional Independent Living Case Plan goals needed to assist the nonminor dependent in his
or her efforts to attain those goals were stated on the record.
30. The likely date by which it is anticipated the nonminor dependent will achieve successful adulthood is:
The nonminor meets at least one of the conditions listed in item 12(b)(1)–(5) and juvenile court jurisdiction over the youth as
31.
a nonminor dependent is continued.
The nonminor's permanent plan is
(1)
Return home
Adoption
(2)
(3)
Tribal customary adoption
(4)
Placement with a fit and willing relative
(5)
Another planned permanent living arrangement
Other(specify):
(6)
For a nonminor placed in another planned permanent living arrangement, the court has considered the evidence before
a.
it and finds that another planned permanent living arrangement is still the best permanent plan because:
(1)
The nonminor is 18 or older.
(2)
Other (specify):
JV-367 [Rev. January 1, 2021]
FINDINGS AND ORDERS AFTER HEARING TO
Page 3 of 5
CONSIDER TERMINATION OF JUVENILE COURT
JURISDICTION OVER A NONMINOR
JV-367
CASE NUMBER:
NONMINOR'S NAME:
The compelling reasons why other permanent plan options are not in the nonminor's best interest are:
(1)
The nonminor wants to live independently.
(2)
Other (specify):
b.
Family reunification services are continued.
c. The Indian Child Welfare Act
does
does not
continue to apply.
d. The matter is set for further hearing.
32.
The nonminor does not meet and does not intend to meet the eligibility criteria for status as a nonminor dependent but is
otherwise eligible to and will remain under the juvenile court's jurisdiction in a foster care placement, and the matter is set
for a status review hearing on the date indicated in item 37, which is within six months of the nonminor's most recent status
review hearing.
33.
Reasonable efforts were made to find the nonminor, and his or her location remains unknown. Juvenile court jurisdiction
over the nonminor is terminated. The nonminor remains under the general jurisdiction of the juvenile court for the
purpose of its considering a petition filed under Welfare and Institutions Code, § 388(e) or 388.1, to resume dependency
jurisdiction or to assume or resume transition jurisdiction over him or her as a nonminor dependent.
34.
The nonminor
a.
does not meet the eligibility criteria for status as a nonminor dependent and is not otherwise eligible to remain under
juvenile court jurisdiction;
b.
meets the eligibility criteria for status as a nonminor dependent but does not wish to remain under juvenile court
jurisdiction as a nonminor dependent; or
c.
meets the eligibility criteria for status as a nonminor dependent but is not participating in a reasonable and appropriate
Transitional Independent Living Case Plan; and
the findings required in items 10, 16, 19a, and 22c of this form were made, and the nonminor was given an endorsed, filed
copy of the Termination of Juvenile Court Jurisdiction—Nonminor (form JV-365). Juvenile court jurisdiction over the
nonminor is terminated. The nonminor remains under the general jurisdiction of the juvenile court for the purpose of its
considering a petition filed under Welfare and Institutions Code, § 388(e) or 388.1, to resume dependency jurisdiction or to
assume or resume transition jurisdiction over him or her as a nonminor dependent.
The nonminor is 21 years of age or older and no longer subject to the jurisdiction of the juvenile court under section 303.
35.
The findings required by items 19 and 22c were made. Juvenile court jurisdiction over the nonminor is dismissed.
The attorney for the nonminor is relieved 60 days from today's date.
36.
Other findings and orders
a. See attachment 36a.
Page 4 of 5
JV-367 [Rev. January 1, 2021]
FINDINGS AND ORDERS AFTER HEARING TO
CONSIDER TERMINATION OF JUVENILE COURT
JURISDICTION OVER A NONMINOR
JV-367
CASE NUMBER:
NONMINOR'S NAME:
b. Other (specify):
37.
The next hearing is scheduled as follows:
Hearing date:
Time:
Dept.:
Room:
Nonminor dependent review hearing (Welf. & Inst. Code, § 366(f); Cal. Rules of Court, rule 5.903)
a.
b.
Other (specify):
38. Number of pages attached:
Date:
JUDICIAL OFFICER
JV-367 [Rev. January 1, 2021]
FINDINGS AND ORDERS AFTER HEARING TO
Page 5 of 5
CONSIDER TERMINATION OF JUVENILE COURT
JURISDICTION OVER A NONMINOR
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