Form JV-433 "Six-Month Permanency Attachment: Reunification Services Terminated (Welf. & Inst. Code, 366.21(E))" - California

What Is Form JV-433?

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, 2020;
  • The latest edition provided by the California Superior Court;
  • Easy to use and ready to print;
  • Quick to customize;
  • Compatible with most PDF-viewing applications;
  • Fill out the form in our online filing application.

Download a fillable version of Form JV-433 by clicking the link below or browse more documents and templates provided by the California Superior Court.

ADVERTISEMENT
ADVERTISEMENT

Download Form JV-433 "Six-Month Permanency Attachment: Reunification Services Terminated (Welf. & Inst. Code, 366.21(E))" - California

Download PDF

Fill PDF online

Rate (4.8 / 5) 22 votes
JV-433
CHILD'S NAME:
CASE NUMBER:
SIX-MONTH PERMANENCY ATTACHMENT:
REUNIFICATION SERVICES TERMINATED
(Welf. & Inst. Code, § 366.21(e))
1. By a preponderance of the evidence, the return of the child to his or her parent or legal guardian would create a substantial risk of
detriment to the safety, protection, or physical or emotional well-being of the child. The factual basis for this conclusion is stated on
the record.
Placement
2.
The child's out-of-home placement is necessary.
3.
The child's current placement is appropriate.
4.
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 form JV-430, item 26 for a
written
oral
report by the county agency on the progress made in locating an appropriate placement.
b.
Other (specify):
5.
There has been a change in the child's placement, and the child is an Indian child or there is reason to know that the child is
an Indian child. Currently (choose one):
a.
The child is placed with a member of the child's extended family as defined by 25 U.S.C. § 1903; or
b.
A diligent search was made for a placement with a member of the child's extended family, the efforts are documented in
detail in the record, and the child is placed in a foster home licensed, approved, or specified by the Indian child's tribe; or
A diligent search was made for a placement with a member of the child's extended family, in a foster home licensed,
c.
approved, or specified by the Indian child's tribe, the efforts are documented in detail in the record, and the child is placed
in an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or
A diligent search was made for a placement with a member of the child's extended family, in a foster home licensed,
d.
approved, or specified by the Indian child's tribe, or in an Indian foster home licensed or approved by an authorized non-
Indian licensing authority, the efforts are documented in detail in the record, and the child is placed in an institution for
children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian
child's needs; or
e.
The child is placed in accordance with the preferences established by the tribe; or
f.
The court finds by clear and convincing evidence that there is good cause to depart from the placement preferences
based on the reasons set out in the record.
The child is placed outside the state of California and that out-of-state placement
6.
a.
continues to be the most appropriate placement for the child and is in the best interest of the child.
b.
does not continue to be the most appropriate placement for the child and is not in the best interest of the child.
written
oral
The matter is continued to the date and time indicated in form JV-430, item 26 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.
(2)
locating an out-of-state placement that is the most appropriate placement for the child and in the best interest of
the child.
(3)
Other (specify):
Page 1 of 5
Form Approved for Optional Use
SIX-MONTH PERMANENCY ATTACHMENT:
42 United States Code § 675;
Judicial Council of California
Welfare and Institutions Code, §§ 366.21(e), 16501.1;
REUNIFICATION SERVICES TERMINATED
JV-433 [Rev. January 1, 2020]
Cal. Rules of Court, rules 5.708 and 5.710
www.courts.ca.gov
(Welf. & Inst. Code, § 366.21(e))
JV-433
CHILD'S NAME:
CASE NUMBER:
SIX-MONTH PERMANENCY ATTACHMENT:
REUNIFICATION SERVICES TERMINATED
(Welf. & Inst. Code, § 366.21(e))
1. By a preponderance of the evidence, the return of the child to his or her parent or legal guardian would create a substantial risk of
detriment to the safety, protection, or physical or emotional well-being of the child. The factual basis for this conclusion is stated on
the record.
Placement
2.
The child's out-of-home placement is necessary.
3.
The child's current placement is appropriate.
4.
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 form JV-430, item 26 for a
written
oral
report by the county agency on the progress made in locating an appropriate placement.
b.
Other (specify):
5.
There has been a change in the child's placement, and the child is an Indian child or there is reason to know that the child is
an Indian child. Currently (choose one):
a.
The child is placed with a member of the child's extended family as defined by 25 U.S.C. § 1903; or
b.
A diligent search was made for a placement with a member of the child's extended family, the efforts are documented in
detail in the record, and the child is placed in a foster home licensed, approved, or specified by the Indian child's tribe; or
A diligent search was made for a placement with a member of the child's extended family, in a foster home licensed,
c.
approved, or specified by the Indian child's tribe, the efforts are documented in detail in the record, and the child is placed
in an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or
A diligent search was made for a placement with a member of the child's extended family, in a foster home licensed,
d.
approved, or specified by the Indian child's tribe, or in an Indian foster home licensed or approved by an authorized non-
Indian licensing authority, the efforts are documented in detail in the record, and the child is placed in an institution for
children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian
child's needs; or
e.
The child is placed in accordance with the preferences established by the tribe; or
f.
The court finds by clear and convincing evidence that there is good cause to depart from the placement preferences
based on the reasons set out in the record.
The child is placed outside the state of California and that out-of-state placement
6.
a.
continues to be the most appropriate placement for the child and is in the best interest of the child.
b.
does not continue to be the most appropriate placement for the child and is not in the best interest of the child.
written
oral
The matter is continued to the date and time indicated in form JV-430, item 26 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.
(2)
locating an out-of-state placement that is the most appropriate placement for the child and in the best interest of
the child.
(3)
Other (specify):
Page 1 of 5
Form Approved for Optional Use
SIX-MONTH PERMANENCY ATTACHMENT:
42 United States Code § 675;
Judicial Council of California
Welfare and Institutions Code, §§ 366.21(e), 16501.1;
REUNIFICATION SERVICES TERMINATED
JV-433 [Rev. January 1, 2020]
Cal. Rules of Court, rules 5.708 and 5.710
www.courts.ca.gov
(Welf. & Inst. Code, § 366.21(e))
JV-433
CHILD'S NAME:
CASE NUMBER:
Reunification services
7.
The child is an Indian child or there is reason to know that the child is an Indian child, and as set out in detail in the record:
have
have not
a. Affirmative, active, thorough, and timely efforts
been made to provide remedial services and
rehabilitative programs designed to prevent the breakup of the Indian family;
These efforts
did
did not
include assisting the parent(s) or Indian custodian through the steps of the case
b.
plan and with accessing or developing the resources necessary to satisfy the case plan;
To the maximum extent possible, the efforts
provided in a manner consistent with the
were
were not
c.
prevailing social and cultural conditions and way of life of the child's tribe; and
d. These efforts and the case plan
have
have not
been developed and conducted to the maximum extent
possible in partnership with the Indian child, the parents, extended family members, Indian custodians, and the tribe, and utilized
the available resources of the Indian child's extended family, tribe, tribal and other Indian social service agencies, and individual
Indian caregiver service providers.
e. The active efforts have proved
successful
unsuccessful.
8.
The child is an Indian child or there is reason to know that the child is an Indian child, and:
a.
Qualified expert witness testimony was provided by
; and
b.
Evidence regarding the prevailing social and cultural practices of the child's tribe was provided; and
c.
There was clear and convincing evidence that continued physical custody by the following person is likely to cause
serious emotional or physical damage to the child:
mother
biological father
legal guardian
presumed father
Indian custodian
other (specify):
9.
Reunification services terminated: Child under age of three years at time of removal or member of sibling group
a.
The child was under the age of three years on the date of the initial removal from the home.
b.
The child and the child's siblings listed below form a sibling group in which 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.
(1)
(2)
(3)
(4)
(5)
(6)
c.
By clear and convincing evidence the
mother
biological father
Indian custodian
presumed father
legal guardian
other
(specify):
failed to participate regularly and make substantive progress in a court-ordered treatment plan. Reunification services are
terminated.
d. Scheduling a hearing under Welf. & Inst. Code, § 366.26 for this child and some or all members of the sibling group is in the
child's best interest. The factual basis for this finding is stated on the record.
JV-433 [Rev. January 1, 2020]
SIX-MONTH PERMANENCY ATTACHMENT:
Page 2 of 5
REUNIFICATION SERVICES TERMINATED
(Welf. & Inst. Code, § 366.21(e))
JV-433
CHILD'S NAME:
CASE NUMBER:
10.
Reunification services terminated: Child of any age
a.
Reunification services are terminated for the
mother
biological father
Indian custodian
presumed father
legal guardian
other
(specify):
because the child was initially removed from the person indicated under Welf. & Inst. Code, § 300(g) and, by clear and
convincing evidence,
the person's whereabouts remain unknown.
(1)
the person has not had contact with the child for six months.
(2)
Reunification services are terminated for the
b.
mother
biological father
Indian custodian
presumed father
legal guardian
other
(specify):
because, by clear and convincing evidence, that person has been convicted of a felony indicating parental unfitness.
c.
Reunification services are terminated for the
mother
biological father
Indian custodian
presumed father
legal guardian
other
(specify):
because it is determined that the person is deceased.
11.
The county agency
has
has not
exercised due diligence to locate an appropriate relative with whom the child
could be placed. Each relative whose name has been submitted to the department
has
has not
been
evaluated.
Important individuals
Child in out-of-home placement for six months or longer
12.
a.
The county agency has made efforts to identify individuals who are important to the child and to maintain the child's
relationship with those individuals, consistent with the child's best interest.
b.
The county agency has not made efforts to identify individuals who are important to the child and to maintain the child's
relationship with those individuals, consistent with the child's best interest.
c.
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:
Health
other
13.
The
mother
biological father
(specify):
presumed father
legal guardian
is
unable
unwilling
unavailable
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.
Setting for selection of permanent plan
14.
a.
The matter is ordered set for hearing under Welf. & Inst. Code, § 366.26 to select the most appropriate permanent
plan for the child.
b.
By clear and convincing evidence reasonable services have been provided or offered to the child's parents, legal
guardian, or Indian custodian.
c.
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, § 366.21(i).
JV-433 [Rev. January 1, 2020]
Page 3 of 5
SIX-MONTH PERMANENCY ATTACHMENT:
REUNIFICATION SERVICES TERMINATED
(Welf. & Inst. Code, § 366.21(e))
JV-433
CHILD'S NAME:
CASE NUMBER:
14.
d.
The court advised all parties present in court that to preserve any right to review on appeal of this order, a party must
seek an extraordinary writ by filing notice of intent to file a writ petition and a request for the record, which may be
submitted on Notice of Intent to File Writ Petition and Request for Record (form JV-820), and a petition for extraordinary
writ, which may be submitted on Petition for Extraordinary Writ (Juvenile Dependency) (form JV-825). A copy of each
form is available in the courtroom. The court further advised all parties present in court that, as to them, a notice of intent
to file a writ petition and request for record must be filed with the juvenile court clerk within seven days of the date of this
hearing. The clerk of the court must provide written notice as stated in rule 5.590(b)(2) of the California Rules of Court to
any party not present.
e.
The court advised each parent present in court of the date, time, and place of the hearing set under Welf. & Inst. Code,
§ 366.26; their right to counsel; the nature of the proceedings; and the requirement that at the proceedings the court must
select and implement a plan of adoption, guardianship, placement with a fit and willing relative, or another planned
permanent living arrangement, or in the case of an Indian child, in consultation with the child's tribe, tribal customary
adoption for the child. The court ordered each parent present in court to appear for the hearing set under Welf. & Inst.
Code, § 366.26 and directed that each parent be notified hereafter by first-class mail to his or her usual place of residence
or business only.
The court orders that no notice of the hearing set under Welf. & Inst. Code, § 366.26 be provided to the person
f.
named below, who is a mother, a presumed father, or an alleged father and who has relinquished the child for
adoption where the relinquishment has been accepted and filed with notice under Fam. Code, § 8700, or an alleged
father who has denied paternity and has executed section 2 of Statement Regarding Parentage (Juvenile) (form
JV-505).
(1)
(name):
(name):
(2)
(3)
(name):
(4)
(name):
g.
The likely date by which the child may be placed for adoption, tribal customary adoption, legal guardianship, or with a
fit and willing relative is (specify date):
15.
By clear and convincing evidence, there is a compelling reason for determining that a hearing under Welf. & Inst.
Code, § 366.26 is not in the best interest of the child because the child is not a proper subject for adoption at this time and
a potential legal guardian has not been identified.
a.
The child's permanent plan is placement with (name):
a fit and willing relative.
The likely date by which the child's permanent plan will be achieved is (specify date):
b.
The child remain in foster care with a permanent plan of (specify):
(1)
Return home.
Adoption.
(2)
Tribal customary adoption.
(3)
Legal guardianship.
(4)
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):
c.
The court finds that the barriers to achieving the child's permanent plans are (describe):
JV-433 [Rev. January 1, 2020]
SIX-MONTH PERMANENCY ATTACHMENT:
Page 4 of 5
REUNIFICATION SERVICES TERMINATED
(Welf. & Inst. Code, § 366.21(e))
JV-433
CHILD'S NAME:
CASE NUMBER:
16.
For children 16 years of age or older placed in another planned permanent living arrangement:
a.
The court asked the child where he or she wants to live and the child provided the following information (describe):
b.
The court has considered the evidence before it and finds that another planned permanent living arrangement is the best
permanent plan because (describe):
c. The compelling reasons why the other permanent plan options are not in the child's best interests are (describe):
JV-433 [Rev. January 1, 2020]
Page 5 of 5
SIX-MONTH PERMANENCY ATTACHMENT:
REUNIFICATION SERVICES TERMINATED
(Welf. & Inst. Code, § 366.21(e))
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Print this form
Save this form
Clear this form