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Findings And Orders After Postpermanency Hearing-Permenent Plan Other Than Adoption JV-446 - California
| Findings And Orders After Postpermanency Hearing-Permenent Plan Other Than Adoption Form. This is a California form and can be used in Juvenile Judicial Council . |
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JV-446 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): 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-- PERMANENT PLAN OTHER THAN ADOPTION (Welf. & Inst. Code, § 366.3) 1. Postpermanency hearing a. Date: b. Department: c. Judicial officer (name): d. Court clerk (name): h. Party (name): (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Child: Mother: Father--presumed: Father--biological: Father--alleged: Legal guardian: Indian custodian: De facto parent: County agency social worker: Other (specify): Tribal representative: CASE NUMBER: e. Court reporter (name): f. Bailiff (name): g. Interpreter (name and language): Present Attorney (name): Present Appointed today 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. may be an Indian child, and notice of the proceeding and the right of the tribe to intervene is The child was provided as required by law. Proof of such notice was filed with this court. 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 6 Form Approved for Optional Use Judicial Council of California JV-446 [Rev. July 1, 2011) 4. a. b. FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING-- PERMANENT PLAN OTHER THAN ADOPTION (Welf. & Inst. Code, § 366.3) Welfare and Institutions Code, § 366.3; Cal. Rules of Court, rule 5.740 www.courts.ca.gov JV-446 CHILD'S NAME: CASE NUMBER: 5. 6. A Court Appointed Special Advocate is appointed for the child. Parentage a. The court inquired of the child's parents present at the hearing and other appropriate persons present as to the identity and addresses of all presumed or alleged parents of the child. All alleged parents present during the hearing who had not previously submitted a Statement Regarding Parentage (Juvenile) (form JV-505) were provided with and ordered to complete form JV-505 and submit it to the court. The clerk of the court is ordered to provide the notice required by Welf. & Inst. Code, § 316.2 to (1) alleged parent (name): (2) alleged parent (name): (3) alleged parent (name): b. Advisements and waivers 7. The court informed and advised the mother presumed father biological father alleged father legal guardian other (specify): Indian custodian child of the following: the right to assert the privilege against self-incrimination; the right to confront and cross-examine the persons who prepared the reports or documents submitted to the court by the petitioner and the witnesses called to testify at the hearing; the right to subpoena witnesses; the right to present evidence on one's own behalf; and the right of the child and each parent, legal guardian, and Indian custodian to be present and to be represented by counsel at every stage of the proceedings. The court may appoint counsel subject to the court's right to seek reimbursement, if an individual is entitled to appointed counsel and the individual is financially unable to retain counsel. 8. The mother presumed father biological father alleged father legal guardian Indian custodian child other (specify): has knowingly and intelligently waived the right to a court trial on the issues, the right to assert the privilege against self-incrimination, the right to confront and cross-examine adverse witnesses, the right to subpoena witnesses, and the right to present evidence on his or her own behalf. Placement 9. Continued out-of-home care is in the best interest of the child. 10. The child's out-of-home placement is necessary. 11. 12. The child's current placement is appropriate. The child's current placement is not appropriate. The county agency must locate an appropriate placement for the child. a. The matter is continued to the date and time indicated in item 34 for a written oral report by the county agency on the progress made in locating an appropriate placement. b. Other (specify): 13. 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 34 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): JV-446 [Rev. July 1, 2011] FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING-- PERMANENT PLAN OTHER THAN ADOPTION (Welf. & Inst. Code, § 366.3) Page 2 of 6 JV-446 CHILD'S NAME: CASE NUMBER: Case plan development 14. a. b. 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 (1) 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 was not required to actively involve the child in the case plan development because the child was unable, unavailable, or unwilling to participate. (2) 15. Child 12 years of age and over
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