Jv 320 Form PDF Details

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Form NameJv 320 Form
Form Length5 pages
Fillable?No
Fillable fields0
Avg. time to fill out1 min 15 sec
Other namesjv 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

 

 

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

1. a. Hearing date:

Time:

Dept.:

Room:

b.Judicial officer:

c.Parties and attorneys present:

2.

3.

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.

b.

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.

5.

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.

6.

7.

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):

parent (name):

Mother

Mother

Father

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

a.
b.
c.
d.

JV-320

CHILD'S NAME:

CASE NUMBER:

8. a.

 

 

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

 

 

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

a.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

parent (name):

 

 

 

 

 

 

 

Mother

 

 

 

Father

b.

 

 

 

 

 

 

 

 

 

 

 

 

c.

 

 

 

 

alleged fathers (names):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

d.

 

 

 

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

 

 

 

 

 

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

 

 

 

 

 

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.

 

 

 

 

has a diagnosed medical, physical, or mental disability.

b.

 

 

 

 

is 7 years of age or older.

 

c.

 

 

 

 

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.)

b.

c.

15.

Visitation between the child and

parent (name):

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

Mother

Father

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.)

a.

b.

Visitation between the child and

parent (name):

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

Mother

Father

Father

c.

d.

Dependency

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.)

b.

c.

17.

a.

Visitation between the child and

 

 

 

 

 

parent (name):

 

Mother

 

Father

 

 

 

 

Mother

 

 

Father

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 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)

b.

(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.

 

 

 

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.

a.

b.

c.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Parent (name):

 

 

 

 

Mother

 

 

 

 

 

 

 

 

 

 

Parent (name):

 

 

 

 

Mother

 

 

 

 

 

 

 

 

 

 

Indian custodian (name):

 

 

 

 

 

 

 

 

 

 

 

 

 

Child

Other (name):

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

Father

Father

Date:

JUDICIAL OFFICER

JV-320 [Rev. January 17, 2020]

ORDERS UNDER WELFARE AND INSTITUTIONS CODE

 

 

 

 

 

 

SECTIONS 366.24, 366.26, 727.3, 727.31

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jv320 form writing process outlined (stage 1)

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Completing section 3 of jv320 form

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Filling out segment 4 of jv320 form

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