Form JV-642 "Initial Appearance Hearing - Juvenile Delinquency" - California

What Is Form JV-642?

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 May 22, 2017;
  • The latest edition provided by the California Superior Court;
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Download Form JV-642 "Initial Appearance Hearing - Juvenile Delinquency" - California

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JV-642
CASE NUMBER:
CHILD'S NAME:
INITIAL APPEARANCE HEARING—JUVENILE DELINQUENCY
Out-of-Custody Appearance
In-Custody Appearance and Detention
THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:
1.
Notice has been given as required by law.
The child's date of birth is (specify):
2.
The child is to remain out of custody pending the next hearing.
3.
4.
The child was taken into custody at:
on (specify date):
a.m.
p.m.
The petition or notice of probation violation was filed at:
5.
on (specify date):
a.m.
p.m.
Counsel is appointed for the child as follows:
6.
Counsel is to represent the child until relieved by the court in accordance with California Rules of Court, rule 5.663.
The information on the face of the petition was
confirmed
corrected as follows:
7.
The court inquired of
the mother
others (names and relationships):
a.
8.
as to the identities and addresses of all presumed or alleged fathers.
legal
biological
b.
The court finds (name):
to be the
presumed
alleged father.
9.
The
mother
father
legal guardian
other (specify):
were provided with a Parental Notification of Indian Status (form ICWA-020) and ordered to complete the form and submit it
to the court before leaving the courthouse today.
10.
a.
The child
is
may be
an Indian child, and the county agency must provide, as required by law, notice
of the proceeding and of the tribe's right to intervene. Proof of such notice must be filed with the court.
b.
There is reason to believe that the child may be of Indian ancestry, and the county agency must provide notice of the
proceedings to the Bureau of Indian Affairs as required by law. Proof of such notice must be filed with this court.
The court advised the child and parent or legal guardian of (check all that apply)
11.
the contents of the petition.
a.
the nature and possible consequences of juvenile court proceedings.
b.
the purpose and scope of the initial hearing.
c.
d.
the hearing rights described in rule:
e.
the reason the child was taken into custody.
the parent or legal guardian's financial obligation and right to be represented by counsel.
f.
g.
other:
Reading of the petition and advice of rights were waived by
12.
the child
the child's counsel.
13.
The prosecutor has requested that a hearing be set to determine whether the child should be transferred to the
jurisdiction of the criminal court under Welfare and Institutions Code section 707.
The child
through counsel
14.
a.
denied the allegations of the petition dated:
asked the court to take no action on the petition at this time.
b.
For the reasons stated on the record, the petition is dismissed
in the interests of justice
because the child
15.
does not need treatment or rehabilitation.
16.
After inquiry, the court finds that the child understands the nature of the allegations and the direct consequences of admitting
or pleading no contest to the allegations of the petition, and understands and waives the hearing rights, which were explained
(check all that apply):
The right to have a hearing.
a.
Page 1 of 3
Welfare and Institutions Code,
Form Approved for Optional Use
INITIAL APPEARANCE HEARING—JUVENILE DELINQUENCY
§§ 633, 635, 636, 700;
Judicial Council of California
Cal. Rules of Court,
JV-642 [Rev. May 22, 2017]
rules 5.754, 5.758, 5.760, 5.778
www.courts.ca.gov
JV-642
CASE NUMBER:
CHILD'S NAME:
INITIAL APPEARANCE HEARING—JUVENILE DELINQUENCY
Out-of-Custody Appearance
In-Custody Appearance and Detention
THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS:
1.
Notice has been given as required by law.
The child's date of birth is (specify):
2.
The child is to remain out of custody pending the next hearing.
3.
4.
The child was taken into custody at:
on (specify date):
a.m.
p.m.
The petition or notice of probation violation was filed at:
5.
on (specify date):
a.m.
p.m.
Counsel is appointed for the child as follows:
6.
Counsel is to represent the child until relieved by the court in accordance with California Rules of Court, rule 5.663.
The information on the face of the petition was
confirmed
corrected as follows:
7.
The court inquired of
the mother
others (names and relationships):
a.
8.
as to the identities and addresses of all presumed or alleged fathers.
legal
biological
b.
The court finds (name):
to be the
presumed
alleged father.
9.
The
mother
father
legal guardian
other (specify):
were provided with a Parental Notification of Indian Status (form ICWA-020) and ordered to complete the form and submit it
to the court before leaving the courthouse today.
10.
a.
The child
is
may be
an Indian child, and the county agency must provide, as required by law, notice
of the proceeding and of the tribe's right to intervene. Proof of such notice must be filed with the court.
b.
There is reason to believe that the child may be of Indian ancestry, and the county agency must provide notice of the
proceedings to the Bureau of Indian Affairs as required by law. Proof of such notice must be filed with this court.
The court advised the child and parent or legal guardian of (check all that apply)
11.
the contents of the petition.
a.
the nature and possible consequences of juvenile court proceedings.
b.
the purpose and scope of the initial hearing.
c.
d.
the hearing rights described in rule:
e.
the reason the child was taken into custody.
the parent or legal guardian's financial obligation and right to be represented by counsel.
f.
g.
other:
Reading of the petition and advice of rights were waived by
12.
the child
the child's counsel.
13.
The prosecutor has requested that a hearing be set to determine whether the child should be transferred to the
jurisdiction of the criminal court under Welfare and Institutions Code section 707.
The child
through counsel
14.
a.
denied the allegations of the petition dated:
asked the court to take no action on the petition at this time.
b.
For the reasons stated on the record, the petition is dismissed
in the interests of justice
because the child
15.
does not need treatment or rehabilitation.
16.
After inquiry, the court finds that the child understands the nature of the allegations and the direct consequences of admitting
or pleading no contest to the allegations of the petition, and understands and waives the hearing rights, which were explained
(check all that apply):
The right to have a hearing.
a.
Page 1 of 3
Welfare and Institutions Code,
Form Approved for Optional Use
INITIAL APPEARANCE HEARING—JUVENILE DELINQUENCY
§§ 633, 635, 636, 700;
Judicial Council of California
Cal. Rules of Court,
JV-642 [Rev. May 22, 2017]
rules 5.754, 5.758, 5.760, 5.778
www.courts.ca.gov
JV-642
CASE NUMBER:
CHILD'S NAME:
The right to cross-examine and confront witnesses.
16.
b.
The right to subpoena witnesses and present a defense.
c.
The right to remain silent.
d.
17.
The child
through counsel
a.
admitted the petition
as filed
as amended on (date):
pleaded no contest to the petition
as filed
as amended on (date):
b.
The child's counsel consents to the admission or plea of no contest.
c.
The admission or plea of no contest is freely and voluntarily made.
d.
e.
There is a factual basis for the admission or plea of no contest.
f.
The court finds that the child was under 14 years old at the time of the offense but the child knew the wrongfulness
of his or her conduct at the time the offense was committed.
18. a.
The following allegations are admitted and found to be true:
Count
To be specified
Enhancement
at disposition
number
Statutory violation
Misdemeanor
Felony
(if applicable)
As to any offense that could be considered a misdemeanor or felony, the court is aware of and exercises its discretion to
b.
determine the offense, as stated in 18a.
The following allegations are dismissed:
c.
Count number
Statutory violation
The child is described by section
601
602
of the Welfare and Institutions Code.
19.
The maximum confinement time is:
20.
The child's residence is in:
County.
21.
The matter is transferred to:
County for disposition and further proceedings.
22.
Juvenile Court Transfer Orders (form JV-550) will be completed and transmitted immediately.
The child waives his or her right under People v. Arbuckle to have the disposition heard by this judicial officer.
23.
CHILD IN CUSTODY
The court has considered the detention report prepared by probation
24.
and the following documents (specify):
and the testimony of (name):
and the examination by the court of (name):
and takes judicial notice of the entire court file.
The child is released from custody
to the home of (name, address, and relationship to child):
25.
on home supervision
on electronic monitoring
the terms of which are stated in the attached Terms and Conditions (form JV-624).
26.
The child is a dependent of the court under section 300 and is ordered released from custody. The child welfare services
department must either ensure that the child's current caregiver take physical custody of the child or take physical custody of
the child and place the child in a licensed or approved placement.
JV-642 [Rev. May 22, 2017]
Page 2 of 3
INITIAL APPEARANCE HEARING—JUVENILE DELINQUENCY
JV-642
CASE NUMBER:
CHILD'S NAME:
A prima facie showing has been made that the child's disposition is by section 601 or 602.
27.
Based on the facts stated on the record, the child is detained in secure custody on the following grounds (check all that apply):
28.
a.
The child has violated an order of the court.
b.
The child has escaped from a court commitment.
c.
The child is likely to flee the jurisdiction of the court.
d.
It is a matter of immediate and urgent necessity for the protection of the child.
e.
It is reasonably necessary for the protection of the person or property of another.
29.
Based on the facts stated on the record, continuance in the child's home is contrary to the child's welfare.
Based on the facts stated on the record, there are no available services that would prevent the need for further detention.
30.
Temporary placement and care is the responsibility of the probation department.
31.
Reasonable efforts to prevent or eliminate the need for detention of the child
have
have not
been made.
32.
33.
Probation is ordered to provide services that will assist with reunification of the child and the family.
34.
Probation is granted the authority to authorize medical, surgical, or dental care under Welfare and Institutions Code section
739.
35.
The child and the parent or legal guardian have been advised that if the child cannot be returned home within the statutory
timelines, a proceeding may be scheduled to determine an alternative permanent home, including an adoptive home after
parental rights are terminated.
36.
The
mother
father
legal guardian
is/are ordered to supply the names and contact information of
adult relatives to probation so they can be notified of the child's removal and of their options to be included in the child's life.
37.
The probation officer must file a case plan within 60 days.
38.
Probation is authorized to release the minor
at its discretion
under the following circumstances:
39.
The court accepts transfer from the County of:
40.
Other orders:
Child
41.
Counsel
waives time for (check all that apply)
jurisdiction hearing
disposition hearing
other:
42.
The next hearings will be
Date:
Time:
Dept:
Type of hearing:
Date:
Time:
Dept:
Type of hearing:
The child
43.
a.
is ordered to return to court on the above date(s) and time(s).
b.
remains detained.
44. All prior orders not in conflict, including any terms and conditions of probation, remain in full force and effect.
All appointed counsel are relieved.
45.
Date:
JUDGE
JUDGE PRO TEMPORE
COMMISSIONER
REFEREE
Countersignature for detention orders (if necessary):
Date:
JUDICIAL OFFICER
JV-642 [Rev. May 22, 2017]
Page 3 of 3
INITIAL APPEARANCE HEARING—JUVENILE DELINQUENCY
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