In the realm of juvenile dependency, the JV-190 form, known formally as the "Waiver of Rights—Juvenile Dependency," plays a crucial role, particularly for the parents or guardians navigating the complexities of the legal system regarding child welfare. This document is a pivotal piece within the Superior Court of California, designed to communicate and record the significant decisions made by a parent or guardian concerning their rights in the juvenile dependency process. At its core, the JV-190 form addresses several fundamental aspects: understanding and responding to a petition regarding the child, the right to legal representation, the decision-making surrounding how one responds to allegations in the petition, and crucially, the explicit consent to waive certain rights. Such rights include the right to a trial or hearing, the right to cross-examine witnesses, and the right to present one's own evidence, among others. Additionally, the form outlines the consequential nature of the decisions made, particularly regarding the court's jurisdiction over the child and the potential implications for parental rights and child custody. It ensures that such decisions are made with a clear understanding of their significance, often with the provision of an attorney or court-appointed legal counsel to guide the parent or guardian through this process. Ensuring comprehension and voluntariness in waiving these rights is fundamental, and as such, the form also includes sections for interpreter and attorney declarations, affirming that the parent or guardian has been fully informed in a language they understand. This form, therefore, encapsulates a critical moment in the juvenile dependency process, marking a parent's or guardian's response to the court's involvement with their child in a manner intended to make informed and voluntary decisions.
| Question | Answer |
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| Form Name | Form Jv 190 |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names | 190 waiver, jv 190 waiver of rights form, waiver rights dependency, waiver juvenile dependency |
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): |
FOR COURT USE ONLY |
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TELEPHONE NO.: |
FAX NO. (Optional): |
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ATTORNEY FOR (Name): |
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SUPERIOR COURT OF CALIFORNIA, COUNTY OF |
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STREET ADDRESS: |
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MAILING ADDRESS: |
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CITY AND ZIP CODE: |
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BRANCH NAME: |
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CHILD'S NAME: |
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HEARING DATE AND TIME: |
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CASE NUMBER: |
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WAIVER OF |
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TO THE PARENT OF THE ABOVE NAMED CHILD:
Read this form carefully. The judge will ask you if you understand each right, and if you are voluntarily giving up that right.
For items 1, 2, and 3, check each box that applies, unless you have a question.
1.Petition
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I have read the petition and I understand it. |
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The petition has been read to me and I understand it. |
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2. Right to an Attorney. You have the right to be represented by an attorney and one will be appointed for you if you cannot afford one, subject to a claim for payment.
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I give up my right to be represented by an attorney. |
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b. |
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I request the court to appoint an attorney for me. |
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3.Admission/Submission. I wish to
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admit the allegations of the petition. |
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submit the petition on the basis of the social worker's or probation officer's report and other documents, if any. |
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plead no contest. |
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For items 4 and 5, initial each box that applies, unless you have a question. |
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4. Waiver of Rights. By admitting the allegations of the petition, submitting the petition on the report, or pleading no |
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contest, I am giving up the following rights: |
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a. The right to a trial or hearing. |
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b. The right to see and hear witnesses who testify. |
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c. The right to |
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whose statements are contained in the report. |
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d. The right to testify in my own behalf and to present my own evidence and witnesses. |
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e. The right to use the authority of the court to compel witnesses to come to court and to produce evidence. |
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f. Any privilege against |
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5.Consequences
a.I understand that if I plead no contest or submit the petition on the report, the court will probably find that the petition is true.
b.I understand that if the petition is found to be true and the child is declared a dependent of the court, the court may
assume custody of the child, and under certain circumstances, it is possible that no reunification services will be offered or provided.
c.(Child under age 3 years at time of initial removal) For a child under age 3 years at the time of initial removal, I understand that if the court assumes custody of the child and I fail to participate regularly in
months services may be terminated, and the court may make a permanent plan for the child, which could result in termination of parental rights and placement of the child for adoption.
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Form Adopted for Mandatory Use |
WAIVER OF |
Cal. Rules of Court, rule 5.504 |
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Judicial Council of California |
www.courtinfo.ca.gov |
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CHILD'S NAME:
CASE NUMBER:
5. d. (Child age 3 years or older at time of initial removal) For a child age 3 years or older at the time of initial removal, I understand that if the court assumes custody of the child and the child is not returned within one year, or at the most 18 months from the time the child was taken into physical custody, the court will make a permanent plan for the child, which could result
in termination of parental rights and placement of the child for adoption.
Date:
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(TYPE OR PRINT NAME)
(SIGNATURE OF PARENT OR GUARDIAN)
6. The primary language of the Spanish.
other (specify):
DECLARATION OF INTERPRETER
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legal guardian is |
I certify that I interpreted this form for the parent or legal guardian in that person's primary language to the best of my ability.
Date:
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(TYPE OR PRINT NAME) |
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(SIGNATURE OF INTERPRETER) |
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DECLARATION OF ATTORNEY |
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7. I am the attorney for the |
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legal guardian. |
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I have explained and discussed with my client the rights and consequences of admitting the petition.
pleading no contest.
submitting the petition on the report.
Date:
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(TYPE OR PRINT NAME) |
(SIGNATURE OF ATTORNEY) |
WAIVER OF
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