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In California, navigating the complexities of the juvenile justice system is a daunting process for both legal professionals and families. Central to this journey is the JV-445 form, a key document that serves as a bridge between the hopes of finding a child a permanent home and the realities embedded within the legal proceedings that determine such outcomes. Formally titled "Findings and Orders After Postpermanency Hearing—Parental Rights Terminated; Permanent Plan of Adoption," this form is utilized within the Superior Court of California, playing a pivotal role in the lives of children whose parental rights have been legally severed. It details postpermanency hearing outcomes, ensuring that a child's placement is not only necessary but appropriate, thereby prioritizing their welfare and potential for adoption. From addressing compliance with the child's case plan to reviewing efforts made to return a child to a safe environment or to finalize their permanent plan, the JV-445 form is instrumental in progressing towards a resolution that serves the child's best interests. Furthermore, the form delves into considerations regarding the child’s health, education, relationships with important individuals, and the adequacy of services provided to them, encapsulating a wide range of factors essential for informed judicial decision-making.

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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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Document Specs

Fact Detail
Purpose The JV-445 form is used for Findings and Orders after a Postpermanency Hearing, specifically when parental rights have been terminated and a permanent plan of adoption has been established.
Governing Law This form is governed by the Welfare and Institutions Code, Section 366.3 and California Rules of Court, Rule 5.740.
Sections Covered The form includes sections on postpermanency hearing details, placement of the child, case plan development, adequacy of services provided, and health and education needs of the child.
Special Considerations It addresses circumstances involving Indian children, ensuring compliance with laws regarding notice and rights of the tribe to intervene.
Next Steps Specifies actions to be taken by the county agency, including case plan updates, efforts to identify and preserve important relationships for the child, and efforts to finalize the child's permanent placement.
Use Used by attorneys or parties without an attorney, the form requires the input of various court and case details, including the child's name, case number, and specific findings and orders made by the judge post-hearing.

Detailed Instructions for Writing California Jv 445

Filling out the California JV-445 form is a step to ensure that a child's welfare matters are duly recorded and considered according to the law, especially after a postpermanency hearing. This form serves as an official document summarizing the court's findings and the orders following such hearings, including aspects like the child’s current placement, participation in case plan development, and the permanent plan decided for the child. Proceeding with accuracy and attention ensures the child's best interests are prioritized in the judicial process.

  1. Start by filling out the top section of the form, which requires the attorney or party's information, including the State Bar Number, name, firm name, street address, city, state, zip code, telephone number, fax number, and email address. Identify whom you are representing in the "ATTORNEY FOR (name)" line.
  2. Enter the details of the Superior Court of California, including the street address, mailing address, city and zip code, and branch name where the document is being filed.
  3. Write the child’s full name and the case number in the designated fields.
  4. Fill in the details of the postpermanency hearing, including the date, department, and names of the judicial officer, court clerk, court reporter, bailiff, and any interpreters present. Indicate whether each party listed (child, legal guardian, Indian custodian, de facto parent, county agency social worker, tribal representative, and others) was present or appointed and name those others present in the courtroom.
  5. Provide information on reports and evidence considered by the court, including social worker reports, CASA volunteer reports, case plans, and any other documents or evidence admitted into the hearing.
  6. Complete the "FINDINGS AND ORDERS" section, underscoring each relevant finding by the court, including notifications given, determinations about the child's ancestry, and whether the child's out-of-home placement is necessary and appropriate. This section might require a selection between given options (a or b) and filling in dates or additional specifications.
  7. Detail the child's involvement in case plan development, their review of this plan, agency compliance with the case plan, efforts to return the child to a safe home or finalize the permanent plan, and due diligence in locating relatives or significant individuals for placement.
  8. Address the adequacy of services provided to the child, including educational, physical, mental health, and developmental needs. Specify any psychotropic medications, additional services needed, and orders for individuals to assist in the child's receipt of these services.
  9. Update any changes to the child's education placement and list the necessary services to assist the child in transitioning to successful adulthood.
  10. Complete sections related to siblings, specifying arrangements for sibling contact and placement.
  11. Outline the permanent plan for the child, indicate the expected date of finalization for adoption or other permanent placements, and describe any ordered contact with the child.
  12. Ensure all prior orders not in conflict with this order are stated to remain in effect.
  13. Fill in any other findings and orders not covered in the provided sections. Attach additional pages if necessary, indicating the number of pages attached.
  14. Specify the next hearing details, including date, time, department, and room. Mark the type of the next hearing from the given options.
  15. The form concludes with a section for the judge or judicial officer to date and sign the document.

Once completed, review the form to ensure all information is accurate and complete. The filled document should be submitted according to the court's instructions, ensuring it meets the filing deadline and any specific requirements of the local jurisdiction. Properly submitting this form plays a vital role in the ongoing judicial process concerning the child’s welfare and permanent placement.

Things to Know About This Form

What is the JV-445 form used for in California?

The JV-445 form, officially titled "Findings and Orders After Postpermanency Hearing—Parental Rights Terminated; Permanent Plan of Adoption," is used in California's Superior Court to document the outcomes of a postpermanency hearing when a child's parental rights have been terminated. It details the permanent plan for the child, which typically aims for adoption, and notes all findings and orders related to the child's welfare, placement, health, education, and case plan development during the postpermanency phase.

Who needs to complete the JV-445 form?

While individuals can fill out parts of the form, it's primarily completed by attorneys or other legal parties involved in a child welfare case. This includes social workers, court-appointed special advocates (CASA), and legal representatives of all parties present in the court hearing concerning the child's permanency planning after their parental rights have been terminated.

What happens during a postpermanency hearing?

  • Review of the child's current placement and its appropriateness.
  • Assessment of the child's health, educational, and psychological needs and how they are being met in the placement.
  • Considerations for the child's permanent placement plan, usually focusing on adoption.
  • Decisions on the involvement of the child in the case plan development.
  • Evaluation of efforts made by the county agency to place the child in a permanent home or with a relative, if applicable.

What information is required on the JV-445 form?

The form requires comprehensive details including, but not limited to, the child's name, case number, details of the postpermanency hearing (such as date, department, and judicial officer name), participants in the hearing, evidence presented (reports from social workers, CASA volunteers, etc.), and the court's findings and orders on various elements of the child’s postpermanency plan.

How is the appropriate placement for a child determined?

The court, with input from the child's social worker, CASA volunteer, and possibly the child's own input depending on their age and maturity, reviews documentation and evidence to assess the child's current and future needs. The court evaluates if the child's current placement satisfies these needs or if a more suitable placement must be found, prioritizing the child's best interest and safety.

What if a child is placed out of state?

If a child is placed out of state, the JV-445 form requires a review to ensure that the placement continues to serve the child’s best interests. If it's determined not to be the most suitable option, the court mandates a plan for either returning the child to California or finding another out-of-state placement that better serves the child’s needs.

How are a child's educational and health needs addressed in the JV-445 form?

The form includes sections for detailing whether the child’s educational, physical health, mental health, and developmental needs are being met within their current placement. It also outlines orders for assessments or services required to address any unmet needs and specifies who is responsible for ensuring these services are provided.

What happens if the child's needs or case plan are not being met or followed?

The court reviews compliance with the case plan and the adequacy of services provided to the child. If needs or elements of the case plan are unmet, the court can order the responsible agencies or individuals to take actions to correct these deficiencies, including but not limited to updating the case plan, providing required evaluations or services, and, if necessary, reconsidering the child’s placement.

Is the form publicly accessible?

Yes, the JV-445 form is publicly accessible through the California Courts official website. It can be downloaded, printed, and used by legal professionals, caseworkers, and interested parties involved in the child welfare judicial process. However, filled-out forms pertaining to specific cases are part of the confidential case record and are not publicly accessible to protect the privacy of the children involved.

Common mistakes

  1. Not providing accurate personal details such as the child's full name and case number can cause confusion and delay in the court's proceedings.

  2. Failure to accurately report the date and details of the postpermanency hearing, including the names of the court personnel present, can compromise the record-keeping and the official outcome.

  3. Omitting or inaccurately documenting the notices given regarding the hearing, especially for a child 10 years of age or older who is not present, may affect the child's legal rights and the validity of the hearing.

  4. Incorrectly indicating whether the child is an Indian child and failing to provide proof of notice to the pertinent tribal authority or the Bureau of Indian Affairs can result in a breach of federal law and the potential for the hearing's decisions to be challenged.

  5. Not clearly specifying the current placement of the child and whether it is appropriate risks the court being uninformed about the child's welfare, which is critical for making informed decisions about their future.

  6. Neglecting to detail efforts made towards the child's case plan development or inaccurately representing the child's involvement can lead to oversight in assessing the child’s best interests and rights.

  7. Failing to indicate whether the county agency has complied with the case plan and the efforts made to finalize the child’s permanent placement might lead to the court not having a full understanding of the child's situation, delaying or obstructing the process of finding a permanent home.

  8. Overlooking the need to specify any changes in the child's educational placement, health, and welfare needs, including any requirements for psychotropic medication, misses a critical review of the child’s wellbeing and care.

  9. Not specifying or incorrectly documenting future hearing dates and any additional findings or orders, including other attachments, undermines the structured planning necessary for the child’s welfare and the legal process.

When completing the California JV-445 form, it is vital to approach it with precision and comprehensive detail to ensure the child's best interests are duly considered, and all legal standards are met.

Documents used along the form

When dealing with matters that involve the JV-445 form in the state of California, several supplementary forms and documents may be used in conjunction to ensure a comprehensive approach to a child's welfare and legal status. Understanding each document's purpose can help navigate through the complexities of postpermanency hearings and the overall legal process more effectively.

  • JV-401 - Visitation Attachment: Sibling: This form is used to outline and determine visitation agreements between siblings when one or more are under the court's jurisdiction, ensuring that sibling relationships are maintained post-adoption or foster care placement.
  • JV-400 - Visitation Attachment: Parent, Legal Guardian, Indian Custodian, Other Important Person: It facilitates the arrangement of visitation rights for parents, legal guardians, Indian custodians, or other significant individuals in the child's life, promoting continued contact when in the child’s best interest.
  • JV-402 - Visitation Attachment: Grandparent: Specifically designed to address visitation agreements for grandparents, this form ensures that beneficial grandparent-grandchild relationships can continue post-adoption or foster care placement.
  • ICWA-030 - Notice of Child Custody Proceeding for Indian Child: A crucial document for cases involving children of Native American heritage, ensuring that the child's tribe is notified of custody proceedings in accordance with the Indian Child Welfare Act.
  • JV-180 - Request for New Hearing: This form allows parties to request a new hearing if they believe an error was made in the child's case, ensuring a fair and just legal process.
  • JV-183 - Sibling Information: Important for gathering and documenting information on a child's siblings, which can be critical for maintaining sibling connections and for considering placement decisions.
  • JV-535 - Education and Health Information: Ensures that all pertinent health and education information about the child is documented and considered during court proceedings, supporting the child’s well-being and developmental needs.
  • SS 8572 - Suspected Child Abuse Report: Necessary for legally reporting any suspicions of child abuse encountered during the legal process, ensuring that child welfare is paramount and any necessary investigations are initiated.

Each form plays a vital role in the comprehensive legal process surrounding the well-being and future of children within the California court system. Understanding and appropriately utilizing these documents allows legal professionals, guardians, and involved parties to address the multifaceted needs of children in postpermanency hearings, fostering a more efficient and responsive legal process that prioritizes the best interests of the child.

Similar forms

The California JV-220 form, known as the "Order to Authorize Medical Treatment for a Child in Foster Care," resembles the JV-445 in its focus on ensuring the wellbeing of children under the court's jurisdiction. Both documents necessitate the court's review and approval to meet the specific needs of the child involved, whether for medical treatment or the permanency planning process after parental rights have been terminated.

Similar to the JV-445, the JV-555 form, "Order Appointing Child Counsel in Juvenile Dependency Proceedings," plays a crucial role in dependency court proceedings. This form ensures that the child's legal rights are protected by appointing an attorney specifically for the child. Both the JV-555 and JV-445 forms are integral parts of the procedural justice system, emphasizing the court's responsibility to take into account the best interests and specific needs of children in juvenile dependency cases.

The JV-535, "Findings and Orders After Hearing," is another document closely related to the JV-445. Both forms are utilized in juvenile court to detail the outcomes of hearings and the court's orders regarding a child's placement and welfare. Each document outlines specific findings by the court and provides a structured format for orders affecting the child's future, reflecting the court's decisions on necessary actions to safeguard the child's best interests.

The JV-182, "Waiver of Rights – Juvenile Delinquency," though used in delinquency cases, shares a common purpose with the JV-445, which is to document critical decisions that impact a young person's life. While the JV-182 focuses on a youth's rights in the context of delinquency proceedings, the JV-445 deals with the child's permanency planning in dependency cases. Both forms are pivotal in different branches of juvenile law, ensuring that the child's rights and welfare are considered in court proceedings.

Similarities can also be found with the JV-460, "Application for Sealing Juvenile Records," which, like the JV-445, involves significant steps in a child's juvenile court involvement. The JV-460 allows for the sealing of records, offering a form of relief and a step toward normalcy for juveniles, much like how the JV-445 seeks to provide a stable and permanent home setting for a child after the termination of parental rights.

The JV-464, "Order to Seal Juvenile Records," goes hand-in-hand with the JV-460 by formalizing the decision to seal said records, akin to how the JV-445 finalizes the child's permanency plan. Both documents effectuate crucial transitions in a juvenile's life, whether by protecting their privacy and future opportunities or by establishing a permanent family connection.

The "Request for Hearing to Change Court Order" form is another document that shares similarities with the JV-445, as both may involve modifications to previously made decisions regarding a child's care and custody. These requests for changes are reviewed by the court, emphasizing ongoing evaluation and adjustment of orders to serve the child's best interests effectively.

The JV-550, "Review of Child's Status," resembles the JV-445 in that both necessitate a court's assessment of the child's current situation and care arrangement. These forms are essential for periodic reviews mandated by the court, ensuring that the child's needs are being met and that the placement remains in their best interest.

The JV-568, "Order After Selection and Implementation Hearing," is intricately related to the JV-445 form. After parental rights are terminated, the JV-445 helps to establish a permanent plan, while the JV-568 typically follows up to ensure the proper implementation of the chosen plan, whether it be adoption, guardianship, or another form of permanent placement.

Lastly, the JV-572 form, "Report of Status of Child," works in conjunction with the JV-445 by providing the court with updates on the child's welfare and circumstances. Both forms contribute to a continuous dialogue between the foster care system and the court, guaranteeing that decisions are made with the most current information regarding the child's needs and best interests.

Dos and Don'ts

When completing the California JV-445 form, which is associated with postpermanency hearings, specifically those cases where parental rights have been terminated and a permanent plan of adoption is being considered, attention to detail and adherence to procedural requirements are crucial. The information provided on this form is vital to the proceedings and outcomes for the child involved. To ensure accuracy and compliance, here are 7 things you should and shouldn't do when filling out this form.

  • Do ensure all personal information is accurate and up to date, including names, addresses, and case numbers. This is crucial for maintaining clear and effective communication throughout the legal process.
  • Do provide detailed information about the child’s placement, including the appropriateness of the current living situation and any plans for adoption or alternative permanent arrangements. Accurate information supports the best interests of the child.
  • Do include all evidence and reports that the court has considered, such as social worker reports, CASA volunteer reports, and case plans. This comprehensive approach ensures that all relevant information is available for decision-making.
  • Don’t omit any section that is applicable to your case. If a particular section does not apply, make sure to indicate this appropriately. Omissions can lead to delays or misunderstandings in the legal process.
  • Don’t forget to update the court on any changes in the child’s education, health, and placement needs since the last review hearing. Keeping the court informed allows for timely adjustments to the child’s care plan.
  • Don’t neglect to detail the efforts made towards identifying a permanent plan for the child, whether it be adoption, guardianship, or another arrangement. Demonstrating due diligence in this process is key to the child’s wellbeing.
  • Do sign and date the form where required, verifying the accuracy and completeness of the information provided. This also includes pressing the "Clear This Form" button after printing for your protection and privacy, as recommended at the end of the form.

Proper completion of the JV-445 form is a responsibility that requires careful attention to detail and a comprehensive understanding of the child’s needs and circumstances. By following these guidelines, parties involved can contribute to a thorough and effective legal process, ultimately serving the best interests of the child.

Misconceptions

The California JV-445 form plays a pivotal role in the postpermanency hearings concerning children whose parental rights have been terminated, with the aim of adopting a permanent plan for their welfare. However, there are several misconceptions surrounding its application and implications:

  • Misconception 1: The form is applicable only for adoption cases. Though primarily focused on cases leading towards adoption, the JV-445 form encompasses a broader scope, including overseeing the necessary arrangements for children transitioning towards other permanent plans, such as guardianship or returning to a fit and willing relative.

  • Misconception 2: Parental consent is required to finalize the actions outlined in the form. Post the termination of parental rights, the court’s decisions regarding the child’s permanent plan, as documented in JV-445, do not require parental consent. The court prioritizes the child’s best interest based on the presented evidence and assessments.

  • Misconception 3: The child has no say in the process. Significant emphasis is placed on the child’s involvement in developing their case plan, especially for those 12 years of age or older, aiming to ensure that the child’s preferences and interests are considered in the court’s final decisions.

  • Misconception 4: Once completed, the JV-445 form’s orders are final and unchangeable. Court orders issued through this form are subject to modifications based on new evidence or changes in the child’s circumstances, ensuring that the decisions remain aligned with the child’s best interests.

  • Misconception 5: The form only deals with the child's placement. Aside from placement, JV-445 covers a comprehensive range of considerations, including but not limited to, the child's educational needs, health and mental health care, efforts to maintain relationships with important individuals, and transition planning for older youth.

  • Misconception 6: The involvement of a Court Appointed Special Advocate (CASA) is optional. A CASA's appointment, as dictated by the court’s findings, plays a crucial role in advocating for the child’s needs and rights throughout the legal process, demonstrating the judiciary's commitment to informed, child-centric decision-making.

  • Misconception 7: The form is a standalone document without the need for supportive evidence or reports. The judicial officer’s findings and orders on the JV-445 form are informed by a range of documents and evidence, including social worker reports, CASA volunteer reports, and other evaluations, underscoring a thorough and evidence-based approach to determining the child’s best interest.

Understanding these misconceptions is essential for professionals and stakeholders involved in the welfare of children undergoing the permanency process, ensuring that actions and decisions are always aligned with the paramount goal of safeguarding the child’s well-being and rights.

Key takeaways

Filling out the California JV-445 form is an essential step in the postpermanency hearing process, especially when parental rights are terminated, and a permanent plan of adoption is being established. Here are seven key takeaways to guide you through the process:

  • Ensure that all pertinent details about the attorney or party without an attorney, including the State Bar number and contact information, are accurately filled out to facilitate smooth communication.
  • The child's name and case number are critical identifiers that must be correctly and consistently provided throughout the form to avoid any confusion or misplacement of important documents related to the child's case.
  • Comprehensive participation details—including those present at the hearing, such as the child, legal guardian, and any representatives like a Court Appointed Special Advocate (CASA)—must be clearly indicated to reflect who is actively involved in the decision-making process.
  • Documentation of the court's findings and orders, including but not limited to the necessity of the child's placement, the appropriateness of the current placement, and the involvement of the child in case plan development, is paramount for establishing a clear record of decisions made and actions required going forward.
  • Attention to the child's heritage, especially if the child is or may be of Indian ancestry, is critical. This aspect ensures that the rights of Indian children are protected by providing proper notice of the proceedings to the tribe or the Bureau of Indian Affairs as required.
  • The form stipulates the involvement of the child in the case plan, highlighting the importance of considering the child's perspective and involvement in planning for their permanent placement, especially for children 12 years of age or older.
  • Finalizing the form involves setting a date for the next hearing and making any additional findings or orders clear. This ensures that all parties are aware of future steps and any further information required is documented and actionable.

Each section of the JV-445 form plays a vital role in upholding the child's best interests, ensuring legal compliance, and facilitating the child's journey towards a stable and permanent home environment. Professionals handling this document must do so with precision, care, and a deep understanding of the legal and emotional nuances at play.

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