Form JV-445 "Findings and Orders After Postpermanency Hearing - Parental Rights Terminated; Permanent Plan of Adoption" - California

What Is Form JV-445?

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, 2018;
  • 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-445 "Findings and Orders After Postpermanency Hearing - Parental Rights Terminated; Permanent Plan of Adoption" - California

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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
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CHILD'S NAME:
CASE NUMBER:
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING
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):
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) 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:
Report of social worker
a.
(dated):
Report of CASA volunteer
b.
(dated):
Case plan
(dated):
c.
Other
d.
(specify):
Other
e.
(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.
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.
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.
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.
Page 1 of 5
Form Approved for Optional Use
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING
Welfare and Institutions Code,
Judicial Council of California
§§ 366.3(f), 16501.1;
PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION
JV-445 [Rev. January 1, 2018]
Cal. Rules of Court, rule 5.740
www.courts.ca.gov
(Welf. & Inst. Code, § 366.3)
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
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CHILD'S NAME:
CASE NUMBER:
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING
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):
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) 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:
Report of social worker
a.
(dated):
Report of CASA volunteer
b.
(dated):
Case plan
(dated):
c.
Other
d.
(specify):
Other
e.
(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.
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.
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.
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.
Page 1 of 5
Form Approved for Optional Use
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING
Welfare and Institutions Code,
Judicial Council of California
§§ 366.3(f), 16501.1;
PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION
JV-445 [Rev. January 1, 2018]
Cal. Rules of Court, rule 5.740
www.courts.ca.gov
(Welf. & Inst. Code, § 366.3)
JV-445
CHILD'S NAME:
CASE NUMBER:
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.
The child's current placement is not appropriate. The county agency must locate an appropriate placement for the child.
a.
The matter is continued to the date and time indicated in item 31 for a
report by the county
written
oral
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.
does not continue to be the most appropriate placement for the child and is not in the best interest of the child. The
b.
written
oral
matter is continued to the date and time indicated in item 31 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.
locating an out-of-state placement that is the most appropriate placement for the child and in the best interest of
(2)
the child.
(3)
Other(specify):
Case plan development
10.
The child was actively involved in the case plan development, including the child's plan for permanent placement.
a.
The child was not actively involved in the case plan development, including the child's plan for permanent placement, and
b.
the county agency is ordered to actively involve the child in the case plan development, including the plan for
(1)
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
(2)
participate.
11.
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
the county agency is ordered to provide the child with the opportunity to review the case plan, sign it, and receive a
(1)
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.
the county agency is not required to actively involve the child because the child is unable, unavailable, or unwilling to
(2)
participate.
Efforts
12. The county agency
a.
has
b.
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.
13.
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:
Page 2 of 5
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING
JV-445 [Rev. January 1, 2018]
PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION
(Welf. & Inst. Code, § 366.3)
JV-445
CHILD'S NAME:
CASE NUMBER:
14.
Child not yet placed with prospective adoptive parent or a guardian
The county agency
has
has not
exercised due diligence to locate an appropriate relative with whom the child
a.
has
has not
could be placed. Each relative whose name has been submitted to the department
been
evaluated.
b. The child has identified the following as an individual important to him or her:
(name):
(1)
(2)
(name):
c.
The county agency
has
has not
made efforts to identify individuals who are important to the child, consistent
with the child's best interest.
d.
has
has not
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.
has
has not
The county agency
made efforts to identify a prospective adoptive parent or a legal guardian
for the child.
f.
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
(1)
as stated on the record.
(2)
as follows:
g.
To identify a prospective adoptive parent or a legal guardian for the child, the county agency must provide the
service
(1)
as stated on the record.
(2)
as follows:
15. The services provided to the child have been
a.
adequate.
b.
not adequate.
Health and education
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.
The child
have an order authorizing psychotropic medication. The next hearing to review the
17.
does
does not
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.
Surrogate parent
(name):
b.
Educational representative
c.
(name):
Other
d.
(name):
Page 3 of 5
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING
JV-445 [Rev. January 1, 2018]
PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION
(Welf. & Inst. Code, § 366.3)
JV-445
CHILD'S NAME:
CASE NUMBER:
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:
Siblings
22.
The child does not have siblings under the court's jurisdiction.
The child has siblings under the court's jurisdiction. Sibling Attachment: Contact and Placement (form JV-403) is
23.
attached and incorporated by reference.
24.
The child has siblings. A postadoption sibling contact agreement
has
has not
been developed. If not,
the court has inquired into the status of the development of a voluntary postadoption sibling contact agreement.
Permanent plan
25.
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):
26.
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):
27.
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):
28.
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).
29. All prior orders not in conflict with this order remain in full force and effect.
Page 4 of 5
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING
JV-445 [Rev. January 1, 2018]
PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION
(Welf. & Inst. Code, § 366.3)
JV-445
CHILD'S NAME:
CASE NUMBER:
30.
Other findings and orders:
a.
See attached.
b.
(Specify):
The next hearing is scheduled as follows:
31.
Hearing date:
Time:
Dept:
Room:
a.
Postpermanency hearing (Welf. & Inst. Code, § 366.3)
b.
Selection and implementation hearing (Welf. & Inst. Code, § 366.26)
Other
(specify):
c.
32. Number of pages attached:
Date:
JUDGE
JUDGE PRO TEMPORE
COMMISSIONER
REFEREE
Page 5 of 5
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING
JV-445 [Rev. January 1, 2018]
PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION
(Welf. & Inst. Code, § 366.3)
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