California Form Jv 445 PDF Details

In the realm of child welfare and judicial oversight in California, the JV-445 form stands as a crucial document, encapsulating the outcomes and mandates following a postpermanency hearing. This form, officially known as the "Findings and Orders after Postpermanency Hearing—Parental Rights Terminated; Permanent Plan of Adoption," is ingrained in the judicial procedures outlined under the Welfare and Institutions Code, § 366.3, and serves the primary purpose of reviewing and determining the permanent placement of a child within the foster care system. It meticulously records the presence and participation of relevant parties during the hearing, including the child, legal guardians, social workers, and tribal representatives, among others. The document further delves into the assessments made by the court regarding the child’s current placement, the adequacy of the case plan developed, compliance with efforts to finalize a permanent placement, and the considerations for the child’s health, education, and relationship maintenance with significant individuals. These comprehensive findings and orders underscore the paramount objective of ensuring the child's welfare and the pursuit of a stable, nurturing permanent home, be it through adoption, guardianship, or return to familial care. Additionally, the JV-445 form addresses matters of sibling contact, the provision of services aimed at a successful transition to adulthood for the child, and sets forth the schedule for subsequent hearings, thereby encapsulating a wide array of determinations crucial for the child’s future.

QuestionAnswer
Form NameCalifornia Form Jv 445
Form Length5 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min 15 sec
Other namespetition to terminate parental rights form california, relinquish parental rights form, sign over parental rights forms, termination of parental rights form

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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:

FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING

CASE NUMBER:

 

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):

 

 

 

 

 

 

c.

Judicial officer (name):

 

g.

Interpreter (name and language):

 

 

 

 

 

 

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:

a. Report of social worker(dated):

b. Report of CASA volunteer (dated):

c. Case plan (dated):

d. Other (specify):

e. Other (specify):

BASED ON THE FOREGOING AND ON ALL OTHER EVIDENCE RECEIVED, THE COURT FINDS AND ORDERS:

3.a.

b.

Notice of the date, time, and location of the hearing was given as required by law.

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

PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION

§§ 366.3(f), 16501.1;

JV-445 [Rev. October 1, 2021]

Cal. Rules of Court, rule 5.740

(Welf. & Inst. Code, § 366.3)

www.courts.ca.gov

 

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.

For a child placed in a short-term residential therapeutic program, the court has considered the evidence and documentation submitted under Welfare and Institutions Code section 366.1(l) when determining the continuing necessity for and appropriateness of the placement.

9.

a.

The child's current placement is not appropriate. The county agency must locate an appropriate placement for the child.

The matter is continued to the date and time indicated in item 32 for a

 

written

 

oral

report by the county

 

 

agency on the progress made in locating an appropriate placement.

 

 

 

 

 

b. Other(specify):

10. 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.

b.does not continue to be the most appropriate placement for the child and is not in the best interest of the child. The

matter is continued to the date and time indicated in item 32 for a

 

written

 

oral

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):

Case plan development

11.a.

b.

(1)

(2)

The child was actively involved in the case plan development, including the child's plan for permanent placement.

The child was not actively involved in the case plan development, including the child's plan for permanent placement, and

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.

the county agency is not required to actively involve the child because the child is unable, unavailable, or unwilling to participate.

12. 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

(1)the county agency is ordered to provide the child with the opportunity to review the case plan, sign it, and receive a 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.

(2)

Efforts

the county agency is not required to actively involve the child because the child is unable, unavailable, or unwilling to participate.

13.The county agency

a.

b.

has 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.

14. 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:

 

 

JV-445 [Rev. October 1, 2021]

FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARINGPARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION

(Welf. & Inst. Code, § 366.3)

Page 2 of 5

JV-445

CHILD'S NAME:

CASE NUMBER:

15. Child not yet placed with prospective adoptive parent or a guardian

a. The county agency

 

has

 

has not exercised due diligence to locate an appropriate relative with whom the child

 

 

could be placed. Each

 

 

 

 

 

has

 

has not

been

relative whose name has been submitted to the department

 

 

evaluated.

b. The child has identified the following as an individual important to him or her:

(1)(name):

(2)(name):

c.The county agency has with the child's best interest.

has not

made efforts to identify individuals who are important to the child, consistent

d. 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.

e.The county agency for the child.

has

has not

made efforts to identify a prospective adoptive parent or a legal guardian

f.

(1)

(2)

g.

(1)

(2)

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

as stated on the record. as follows:

To identify a prospective adoptive parent or a legal guardian for the child, the county agency must provide the service

as stated on the record. as follows:

16. The services provided to the child have been

a.

b.

adequate. not adequate.

Health and education

17. a. The child's educational needs b. The child's physical needs

c. The child's mental health needs d. The child's developmental needs

18. The child

 

does

 

does not

 

 

psychotropic

medication order is on (date):

are

 

are not

being met.

 

are

 

are not

being met.

 

are

 

are not

being met.

 

are

 

are not

being met.

 

have an order authorizing psychotropic medication. The next hearing to review the

.

19. The additional services, assessments, and/or evaluations the child requires to meet the unmet needs specified in item 17 or other concerns are:

a. stated in the social worker's report.

b. specified here:

20. 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 19:

a. Social worker.

b. Surrogate parent (name):

c. Educational representative (name):

d. Other (name):

JV-445 [Rev. October 1, 2021]

FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARINGPARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION

(Welf. & Inst. Code, § 366.3)

Page 3 of 5

JV-445

CHILD'S NAME:

CASE NUMBER:

21. 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.

22. 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.

(1)

(2)

To assist the child in making the transition to successful adulthood, the county agency must add to the case plan and provide the services

stated on the record. as follows:

Siblings

23. The child does not have siblings under the court's jurisdiction.

24.

 

The child has siblings under the court's jurisdiction. Sibling Attachment: Contact and Placement (form JV-403) is

 

 

 

attached and incorporated by reference.

 

 

 

 

 

25.

 

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

26. 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):

27. 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):

28. 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):

29. 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).

30.All prior orders not in conflict with this order remain in full force and effect.

JV-445 [Rev. October 1, 2021]

FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARINGPARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION

(Welf. & Inst. Code, § 366.3)

Page 4 of 5

JV-445

CHILD'S NAME:

CASE NUMBER:

31. Other findings and orders:

a. See attached.

b. (Specify):

32. The next hearing is scheduled as follows:

Hearing date:

Time:

Dept:

Room:

a.

b.

c.

Postpermanency hearing (Welf. & Inst. Code, § 366.3)

Selection and implementation hearing (Welf. & Inst. Code, § 366.26) Other (specify):

33.Number of pages attached:

Date:

JUDGE

JUDGE PRO TEMPORE

COMMISSIONER

REFEREE

JV-445 [Rev. October 1, 2021]

FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING

 

PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION

 

 

(Welf. & Inst. Code, § 366.3)

 

 

 

 

 

 

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The system will need you to fill out the e Court reporter name f Bailiff, Interpreter name and language, Present, Attorney name, Present, Appointed today, a Date b Department c Judicial, h Party name Child Legal, Indian custodian De facto parent, Other specify, i Others present in courtroom, Court Appointed Special Advocate, Other name, Other name, and The court has read and considered field.

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