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Initial Appearance Hearing-Juvenile Delinquency JV-642 - California
| Initial Appearance Hearing-Juvenile Delinquency Form. This is a California form and can be used in Juvenile Judicial Council . |
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JV-642 CHILD'S NAME: CASE NUMBER: INITIAL APPEARANCE HEARING--JUVENILE DELINQUENCY Out-of-Custody Appearance 1. 2. 3. 4. 5. 6. 7. 8. a. In-Custody Appearance and Detention THE COURT MAKES THE FOLLOWING FINDINGS AND ORDERS: Notice has been given as required by law. The child's date of birth is (specify): The child to remain out of custody pending next hearing. The child was taken into custody at The petition or notice of probation violation was filed at Counsel is appointed for the child as follows: Counsel is to represent the child until relieved by the court in accordance with California Rule of Court, rule 5.663. The information on the face of the petition was The court inquired of the mother confirmed corrected as follows: a.m. p.m. on a.m. p.m. on others (names and relationships): as to the identities and addresses of all presumed or alleged fathers. b. The court finds (name): presumed 9. The mother alleged father. father legal guardian other (specify): to be the legal biological were provided with a Parental Notification of Indian Status (form ICWA-020) and ordered to complete the form and submit it to the court before leaving the courthouse today. 10. a. The child is may be an Indian child, and the county agency must provide, as required by law, notice of the proceeding and of the tribe's right to intervene. Proof of such notice must be filed with the court. b. 11. There is reason to believe that the child may be of Indian ancestry, and the county agency must provide notice of the proceedings to the Bureau of Indian Affairs as required by law. Proof of such notice must be filed with this court. The court advised the child and parent/legal guardian of (check all that apply): the contents of the petition. a. the nature and possible consequences of juvenile court proceedings. b. c. d. e. f. g. 12. 13. 14. the purpose and scope of the initial hearing. the hearing rights described in rule: the reason the child was taken into custody. the parent or legal guardian's financial obligation and right to be represented by counsel. other: the child the child's counsel. Reading of the petition and advice of rights were waived by The prosecutor has requested that a hearing be set to determine whether the child is a fit and proper subject under Welfare and Institutions Code section 707(a) or (c). through counsel The child a. denied the allegations of the petition dated: b. asked the court to take no action on the petition at this time. For the reasons stated on the record, the petition is dismissed does not need treatment or rehabilitation. The child a. b. admitted the petition as filed as amended (date): as filed as amended (date): Page 1 of 3 Welfare and Institutions Code, ยงยง 633, 635, 636, 700; Cal. Rules of Court, rules 5.754, 5.758, 5.760, 5.778 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com 15. 16. in the interests of justice because the child pleaded no contest to the petition Form Approved for Optional Use Judicial Council of California JV-642 [Rev. January 1, 2012] INITIAL APPEARANCE HEARING--JUVENILE DELINQUENCY JV-642 CHILD'S NAME: CASE NUMBER: 17. The following allegations are dismissed Count Number: Statutory violation: 18. The court has questioned the child and finds that the child understands the nature of the allegations and the direct consequences of admitting or pleading no contest to the allegations of the petition, and understands and waives the hearing rights that were explained (check all that apply): a. b. c. d. e. f. g. h. i. The right to have a hearing. The right to cross examine and confront witnesses. The right to subpoena witnesses and present a defense. The right to remain silent. The child's counsel consents to the admission or plea of no contest. The admission or plea of no contest is freely and voluntarily made. There is a factual basis for the admission or plea of no contest. The court finds that the child was under 14 years old at the time of the offense but the child knew the wrongfulness of his or her conduct at the time the offense was committed The following allegations are admitted and found to be true: Count number: Statutory violation: Misdemeanor Felony To be specified at disposition Enhancement (if applicable) j. 19. 20. 21. 22. 23. The court has considered whether the above offense(s) should be felonies or misdemeanors. 601 602 of the Welfare and Institutions Code. The child is described by section The maximum confinement time is County The matter is transferred to: County for disposition and further proceedings. Juvenile Court Transfer Orders (form JV-550) will be completed and transmitted immediately. The child waives his or her right under People v. Arbuckle to have the disposition heard by this judicial officer. The child's residence is in: CHILD IN CUSTODY 24. The court has considered the detention report prepared by probation and the following documents (specify): and the testimony of (name): and the examination of (name): 25. The child is released from custody to the home of (name, address, and relationship to child): by the court takes judicial notice of the entire court file 26. 27. A prima facie showing has been made that the child's disposition is by section 601 or 602. The child is detained on relationship to child): home supervision electronic monitor in the home of (name, address, and the terms of which are set forth in the attached Terms and Conditions (form JV-624). JV-642 [Rev. January 1, 2012] INITIAL APPEARANCE HEARING--JUVENILE DELINQUENCY Page 2 of 3 JV-642 CHILD'S NAME: CASE NUMBER: 28. Based on the facts stated on the record, the child is detained in secure custody on the following grounds (check all that apply): a. b. c. d. e. The child has violated an order of the court. The child has escaped from a court commitment. The child is likely to flee the jurisdiction of the court. It is a matter of immediate and urgent necessity for the protection of the child. It is reasonably necessary for the protection of the person or property of another. 29. 30. 31. 32. 33. 34. 35. Based on the facts stated on the record, continuance in the child's home is contrary to the child's welfare. Based on the facts stated on the record, there are no available services that would prevent the need for further detention. Temporary placement and care is the responsibility of the probation officer. Reasonable efforts to prevent or eliminate the need for detention of the child have have not been made. Probation is ordered to provid
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