Form JV-446 "Findings and Orders After Postpermanency Hearing - Permanent Plan Other Than Adoption" - California

What Is Form JV-446?

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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JV-446
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 POSTPERMANENCY HEARING—
CASE NUMBER:
PERMANENT PLAN OTHER THAN 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:
Mother:
(2)
Father—presumed:
(3)
Father—biological:
(4)
Father—alleged:
(5)
Legal guardian:
(6)
Indian custodian:
(7)
De facto parent:
(8)
County agency social worker:
(9)
Tribal representative:
(10)
Other (specify):
(11)
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:
a.
Report of social worker
(dated):
b.
Report of CASA volunteer
(dated):
Case plan
c.
(dated):
d.
Other
(specify):
e.
Other
(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 7
Form Approved for Optional Use
Welfare and Institutions Code,
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING—
Judicial Council of California
§§ 366.3, 16501.1;
PERMANENT PLAN OTHER THAN ADOPTION
JV-446 [Rev. January 1, 2018]
Cal. Rules of Court, rule 5.740
www.courts.ca.gov
(Welf. & Inst. Code, § 366.3)
JV-446
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 POSTPERMANENCY HEARING—
CASE NUMBER:
PERMANENT PLAN OTHER THAN 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:
Mother:
(2)
Father—presumed:
(3)
Father—biological:
(4)
Father—alleged:
(5)
Legal guardian:
(6)
Indian custodian:
(7)
De facto parent:
(8)
County agency social worker:
(9)
Tribal representative:
(10)
Other (specify):
(11)
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:
a.
Report of social worker
(dated):
b.
Report of CASA volunteer
(dated):
Case plan
c.
(dated):
d.
Other
(specify):
e.
Other
(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 7
Form Approved for Optional Use
Welfare and Institutions Code,
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING—
Judicial Council of California
§§ 366.3, 16501.1;
PERMANENT PLAN OTHER THAN ADOPTION
JV-446 [Rev. January 1, 2018]
Cal. Rules of Court, rule 5.740
www.courts.ca.gov
(Welf. & Inst. Code, § 366.3)
JV-446
CASE NUMBER:
CHILD'S NAME:
The child
is
may be
an Indian child, and notice of the proceeding and the right of the tribe to intervene
4. a.
was provided as required by law. Proof of such notice was filed with this court.
There is reason to believe that the child may be of Indian ancestry, and notice of the proceedings was provided to the
b.
Bureau of Indian Affairs 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
a.
The court inquired of the child's parents present at the hearing and other appropriate persons present as to the identity
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
Indian custodian
8.
The
presumed father
alleged father
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.
Placement
9. Continued out-of-home placement is in the best interest of the child.
10. The child's out-of-home placement is necessary.
11.
The child's current placement is appropriate.
12.
The child's current placement is not appropriate. The county agency must locate an appropriate place for the child.
a.
The matter is continued to the date and time indicated in item 39 for a
report by the county
written
oral
agency on the progress made in locating an appropriate placement.
b.
Other (specify):
JV-446 [Rev. January 1, 2018]
Page 2 of 7
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING—
PERMANENT PLAN OTHER THAN ADOPTION
(Welf. & Inst. Code, § 366.3)
JV-446
CASE NUMBER:
CHILD'S NAME:
13.
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 39 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):
The county agency
exercised due diligence to locate an appropriate relative with whom the child
14.
has
has not
has
has not
could be placed. Each relative whose name has been submitted to the department
been
evaluated.
Case plan development
15.
a.
The child was actively involved in the case plan development, including the child's plan for permanent placement.
b.
The child was not actively involved in the case plan development, including the child's plan for permanent placement, and
(1)
the county agency is ordered to actively involve the child in the case plan development, including the plan for
permanent placement, and to submit to the court an updated case plan within 30 days of the date of this
hearing.
(2)
the county agency is not required to actively involve the child in the case plan development because the child
was unable, unavailable, or unwilling to participate.
16.
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 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 give the child this opportunity because the child was unable, unavailable, or
(2)
unwilling to participate.
17.
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:
Efforts
18.
The county agency
a.
has
has not
b.
compiled with the case plan by making reasonable efforts, including whatever steps are necessary to make and to finalize the
permanent placement of the child.
JV-446 [Rev. January 1, 2018]
Page 3 of 7
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING—
PERMANENT PLAN OTHER THAN ADOPTION
(Welf. & Inst. Code, § 366.3)
JV-446
CASE NUMBER:
CHILD'S NAME:
19. 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:
20. The services provided to the child have been
a.
adequate.
not adequate.
b.
21.
Child in out-of-home placement for six months or longer
a. The child has identified the following as an individual important to him or her:
(1)
(name):
(name):
(2)
b.
has
has not
The county agency
made efforts to identify individuals who are important to the child, consistent
with the child's best interest.
c.
The county agency
has
has not
made efforts to maintain the child's relationships with the individuals who
are important to the child, consistent with the child's best interest.
d.
has
has not
The county agency
made efforts to identify a prospective adoptive parent or a legal guardian
for the child.
e.
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:
f.
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:
Siblings
22.
The child does not have siblings under the court's jurisdiction.
23.
The child has siblings under the court's jurisdiction. Sibling Attachment: Contact and Placement (form JV-403) is
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.
Education
25. 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.
JV-446 [Rev. January 1, 2018]
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING—
Page 4 of 7
PERMANENT PLAN OTHER THAN ADOPTION
(Welf. & Inst. Code, § 366.3)
JV-446
CASE NUMBER:
CHILD'S NAME:
26.
The additional services, assessments, and/or evaluations the child requires to meet the unmet needs specified in item 24 or
other concerns are:
a.
stated in the social worker's report.
b.
specified here:
27.
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 25:
a.
Social worker.
b.
Parent
(name):
Surrogate parent
(name):
c.
d.
Educational representative
(name):
e.
Other
(name):
28.
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.
Health
29.
The child
have an order authorizing psychotropic medication. The next hearing to review the
does
does not
psychotropic medication order is on (date):
.
30.
The
mother
biological father
Indian custodian
presumed father
legal guardian
other
(specify):
unable
unwilling
unavailable
is
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.
Permanent plan
31. It is ordered that:
a.
The child's permanent plan is legal guardianship.
The likely date by which the child's permanent plan will be achieved is (specify date):
b.
The child's permanent plan is placement with a fit and willing relative.
The likely date by which the child's permanent plan will be achieved is (specify date):
The child remains in foster care with a permanent plan of (specify):
c.
(1)
Return home.
(2)
Adoption.
(3)
Tribal customary adoption.
(4)
Legal guardianship.
The child is 16 years of age or older, there is a compelling reason that no other preferred permanent plan is in the
(5)
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):
JV-446 [Rev. January 1, 2018]
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING—
Page 5 of 7
PERMANENT PLAN OTHER THAN ADOPTION
(Welf. & Inst. Code, § 366.3)