Jv 320 Form – Fill Out and Use This PDF

The JV-320 form is a critical document within the judicial system of California, focusing on youth welfare and related court proceedings under different sections of the Welfare and Institutions Code. It addresses a range of outcomes, from considerations for adoption and guardianship to the specific needs of Indian children as defined by law. Whether you're navigating the legal system as an attorney, a party without one, or someone interested in the welfare of a child, understanding and correctly filling out this form is essential. Click the button below to start completing the JV-320 form confidently.

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Jv 320 Form PDF Details

Navigating the legal framework for child welfare proceedings in California requires an understanding of specific forms and their purposes, among which is the JV-320 form. This form is an essential document, utilized within the judicial system to outline the court's decisions regarding a child's welfare, particularly under the Welfare and Institutions Code sections 366.24, 366.26, 727.3, and 727.31. Designed to capture the multifaceted decisions that affect a child's future, the JV-320 form includes findings and orders regarding the termination of parental rights, establishment of guardianship, and the approval of adoptive placements, especially focusing on children with special circumstances, such as being of Native American heritage. It emphasizes the importance of considering the child's best interests, incorporating assessments from social or probation officers, and adhering to legal requirements for notice and documentation. Particularly delicate is the form's attention to the placement of Indian children, embedding the requirements to honor tribal connections and cultural considerations, indicating the state's efforts to comply with both state and federal guidelines to protect the welfare of these children. Whether a child is set on a path toward adoption, placed under legal guardianship, or returned to their family, the JV-320 form documents the court's detailed plan to secure a stable and loving environment for the child's development.

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Form Name	Jv 320 Form
Form Length	5 pages
Fillable?	No
Fillable fields	0
Avg. time to fill out	1 min 15 sec
Other names	jv 320 form for state of ca, ordes institution code, jv320 form, what is form jv 320 used for

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JV-320

ATTORNEY OR PARTY WITHOUT ATTORNEY	STATE BAR NUMBER:		FOR COURT USE ONLY
	STATE BAR NUMBER:

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:

			CASE NUMBER:
ORDERS UNDER WELFARE AND INSTITUTIONS CODE
SECTIONS 366.24, 366.26, 727.3, 727.31


Child's name:
Date of birth:	Age:
Parent's name (if known):			Mother	Father
Parent's name (if known):			Mother	Father
Parent's name (if known):			Mother	Father
Parent's name (if known):			Mother	Father

1. a. Hearing date:	Time:	Dept.:		Room:

b.Judicial officer:

c.Parties and attorneys present:

The court has read and considered the assessment prepared under Welfare and Institutions Code section 361.5(g), 366.21(i), 366.22(c), 366.25(b), or 727.31(b) and the report and recommendation of the

social worker

probation officer

and other evidence.

The court has considered the wishes of the child, consistent with the child's age, and all findings and orders of the court are made in the best interest of the child.

THE COURT FINDS AND ORDERS

4.a.

Notice has been given as required by law.

This case involves an Indian child, and the court finds that notice has been given to the parents, Indian custodian, Indian child's tribe, and the Bureau of Indian Affairs (BIA) in accordance with Welfare and Institutions Code section 224.3; the original certified mail receipts, return cards, copies of all notices, and any responses to those notices are in the court file.

For child 10 years of age or older who is not present: The child was properly notified under Welfare and Institutions Code section 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.

The court takes judicial notice of all prior findings, orders, and judgments in this proceeding.

The court previously made a finding denying or terminating reunification services under Welfare and Institutions Code section 361.5, 366.21, 366.22, 366.25, 727.2, or 727.3, for

parent (name):

Mother

Father

Page 1 of 5

Form Adopted for Mandatory Use Judicial Council of California JV-320 [Rev. January 17, 2020]

ORDERS UNDER WELFARE AND INSTITUTIONS CODE

SECTIONS 366.24, 366.26, 727.3, 727.31

Welfare and Institutions Code, §§ 361.31, 361.7, 366.24, 366.26, 727.3, 727.31, 727.4, 16501.1; Cal. Rules of Court, rules 5.486, 5.504, 5.590, 5.725, 5.810, 5.820 www.courts.ca.gov

JV-320

CHILD'S NAME:

CASE NUMBER:

8. a.

There is clear and convincing evidence that it is likely the child will be adopted.

The child is an Indian child or

there is reason to know that the child is an Indian child, and

(1)

Qualified expert witness testimony was provided by

; and

(Name of Witness)

(2)

Evidence regarding the prevailing social and cultural practices of the child's tribe was provided; and

(3)

The court finds by evidence beyond a reasonable doubt that continued physical custody by the

mother

father

Indian custodian

other:

is likely to result in

serious emotional or physical damage to the child.

9. The parental rights of

parent (name):

Mother

Father

parent (name):

Mother

Father

alleged fathers (names):

unknown mother

all unknown fathers

are terminated, adoption is the child's permanent plan, and the child is referred to the California Department of Social Services or a local licensed adoption agency for adoptive placement.

e.The adoption is likely to be finalized by (DATE): (If item 9 is checked, go to item 18.)

10.This case involves an Indian child. The parental rights of

a. parent (name):

b. parent (name):

c. Indian custodians (names):

d. alleged fathers (names):


e.			unknown mother		all unknown fathers
	are modified in accordance with the tribal customary adoption order of the (specify):						tribe,
	dated			and comprising		pages, which is accorded full faith and credit and fully incorporated herein.
	The child is referred to the California Department of Social Services or a local licensed adoption agency for tribal customary
	adoptive placement in accordance with the tribal customary adoption order.
	(If item 10 is checked, go to item 18.)
11.		The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include
11.
		an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child
		with a stable and permanent environment through legal guardianship. Removal of the child from the custody of his or her
		relative would be detrimental to the emotional well-being of the child. (If item 11 is checked, go to item 15 or 16.)
12.		Termination of parental rights would be detrimental to the child for the following reasons: (If item 12 is checked, check
12.
		reasons below and go to item 15 or 16.)

The parents or guardians have maintained regular visitation and contact with the child, and the child would benefit from continuing the relationship.

The child is 12 years of age or older and objects to termination of parental rights.

The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental rights will not prevent a permanent family placement if the parents cannot resume custody when residential care is no longer needed.

The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment. Removal of the child from the physical custody of the foster parent or Indian custodian would be detrimental to the emotional well-being of the child. This clause does not apply to any child who is either

(1)under the age of 6; or

(2)a member of a sibling group with at least one child under the age of 6 and the siblings are or should be placed together.

JV-320 [Rev. January 17, 2020]

ORDERS UNDER WELFARE AND INSTITUTIONS CODE

SECTIONS 366.24, 366.26, 727.3, 727.31

Page 2 of 5

JV-320

CHILD'S NAME:

CASE NUMBER:

12. e.		There would be substantial interference with the child's sibling relationship.

f.		The child is an Indian child, and there are compelling reasons for determining that termination of parental rights would
		not be in the best interest of the child, including, but not limited to:

(1)Termination of parental rights would substantially interfere with the child's connection to his or her tribal community or the child's tribal membership rights.

(2)The child's tribe has identified guardianship or another permanent plan for the child.

13.		Termination of parental rights would not be detrimental to the child, but no adoptive parent has been identified or is available,
		and the child is difficult to place because the child (if item 13 is checked, check reasons below and go to item 14):
			is a member of a sibling group that should stay together.
a.			is a member of a sibling group that should stay together.
			has a diagnosed medical, physical, or mental disability.
b.			has a diagnosed medical, physical, or mental disability.
			is 7 years of age or older.
	c.		is 7 years of age or older.
			Termination of parental rights is not ordered at this time. Adoption is the permanent plan, and efforts are to be made to
14. a.
			locate an appropriate adoptive family. A report to the court is due by (date, not to exceed 180 days from the date of this
			order):
			(Do not check in the case of a tribal customary adoption. If item 14a is checked, provide for visitation in items 14b and
			14c as appropriate, and go to item 18.)

15.

Visitation between the child and

parent (name):

legal guardian (name):

other (name):

is scheduled as follows (specify):

Visitation between the child and (names):

is detrimental to the child's physical or emotional well-being and is terminated.

The child's permanent plan is legal guardianship.

(Name):

Mother

Father

is appointed legal guardian of the child, and Letters of Guardianship will issue. (Do not check in case of a tribal customary adoption. If item 15 is checked, provide for visitation in items 15a and 15b as appropriate, and go to item 15c or 15d.)

Visitation between the child and

parent (name):

legal guardian (name):

other (name):

is scheduled as follows (specify):

Visitation between the child and (names):

is detrimental to the child's physical or emotional well-being and is terminated.

Mother

Father

Dependency

(date):

Wardship	is terminated.
Wardship	is not terminated. The likely date for termination of the dependency or wardship is
	(If this item is checked, go to item 17.)

The juvenile court retains jurisdiction of the guardianship under Welfare and Institutions Code section 366.4.

JV-320 [Rev. January 17, 2020]

ORDERS UNDER WELFARE AND INSTITUTIONS CODE

SECTIONS 366.24, 366.26, 727.3, 727.31

Page 3 of 5

JV-320

CHILD'S NAME:

CASE NUMBER:

16. a.

The child remains placed with (name of placement): with a permanent plan of (specify):

(1)

(2)

(3)

(4)

Returning home	(5)
Adoption	(6)
Tribal customary adoption
Legal guardianship

Permanent placement with a fit and willing relative

Independent living with identification of a caring adult to serve as a lifelong connection

The child's permanent plan is likely to be achieved by (DATE):

(If item 16a is checked, provide for visitation in items 16b and 16c as appropriate, and go to item 18.)

17.

Visitation between the child and
parent (name):	Mother	Father
parent (name):	Mother	Father
	Mother	Father
parent (name):	Mother	Father
legal guardian (name):

other (name):

is scheduled as follows (specify):

Visitation between the child and (names):

is detrimental to the child's physical or emotional well-being and is terminated.

The child is an Indian child. The court finds that the child's permanent plan complies with the placement preferences because:

	The permanent plan is not adoption, and (choose one):
(1)		The child is placed with a member of the child's extended family as defined by Welf. & Inst. Code, § 224.1(c); or

(2)		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

(3)

(4)

(5)

(6)

(1)

(2)

A diligent search was made for a placement with a member of the child's extended family, in a foster home licensed, 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, approved, or specified by the Indian child's tribe or 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

The child is placed in accordance with the preferences established by the tribe; or

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 permanent plan is adoption (choose one):

The child is placed with a member of the child's extended family; or

A diligent search was made for a placement with a member of the child's extended family, those efforts are documented in detail in the record, and the child is placed with other members of the child's tribe; or

(3)

An diligent search was made for a placement with a member of the child's extended family or other member of the child's tribe, those efforts are documented in detail in the record, and the child is placed with another Indian family; or

(4)

(5)

The child is placed in accordance with the preferences established by the tribe; or

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 detail in the record.

JV-320 [Rev. January 17, 2020]

ORDERS UNDER WELFARE AND INSTITUTIONS CODE

SECTIONS 366.24, 366.26, 727.3, 727.31

Page 4 of 5

JV-320

CHILD'S NAME:

CASE NUMBER:

18.

19.

20.

The child's placement is necessary.

The child's placement is appropriate.

The agency has complied with the case plan by making reasonable efforts, including whatever steps are necessary to finalize the permanent plan. If this case involves an Indian child, the court finds that the agency has made active efforts to provide remedial and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proven unsuccessful.

21.


The child is an Indian child and active efforts as detailed in the record		were		were not made to provide
remedial services and rehabilitative programs designed to prevent the breakup of the Indian family.
If active efforts were made, those efforts have proved	successful		unsuccessful.
If active efforts were made, those efforts have proved	successful		unsuccessful.

22.

23.

24.

25.

The child is, or there is reason to know the child is, an Indian child. Notice has been provided as required by Welf. & Inst. Code, § 224.3, and proof of such notice has been filed with the court.

The child remains a

dependent

ward

of the court. (If this box is checked, go to items 22 and 23 if

applicable, and items 24 and 25.)

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

Other (specify):

26.

27. The

Next hearing date:			Time:	Dept.:	Room:
	Continued hearing under section 366.26 for receipt of report on attempts to locate an adoptive family

	Continued hearing under section 366.24(c)(6) for receipt of the tribal customary adoption order

	Six-month postpermanency review
	Six-month postpermanency review
		Parent (name):			Mother
		Parent (name):			Mother
		Parent (name):			Mother
		Parent (name):			Mother
		Indian custodian (name):
		Indian custodian (name):

Child

Other (name):

have been advised of their appeal rights (under Cal. Rules of Court, rule 5.590).

Father

Date:

JUDICIAL OFFICER

JV-320 [Rev. January 17, 2020]	ORDERS UNDER WELFARE AND INSTITUTIONS CODE
JV-320 [Rev. January 17, 2020]
	SECTIONS 366.24, 366.26, 727.3, 727.31
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