California > Judicial Council > Juvenile
Twelve-Month Permanency Attachment Reunification Services Terminated JV-438 - California
| Twelve-Month Permanency Attachment Reunification Services Terminated Form. This is a California form and can be used in Juvenile Judicial Council . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
JV-438 CHILD'S NAME: CASE NUMBER: TWELVE-MONTH PERMANENCY ATTACHMENT: REUNIFICATION SERVICES TERMINATED (Welf. & Inst. Code, § 366.21(f)) 1. By a preponderance of the evidence, the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The factual basis for this conclusion is stated on the record. 2. Reunification services are terminated. Placement 3. The child's out-of-home placement is necessary. 4. 5. 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. written The matter is continued to the date and time indicated in form JV-435, item 25 for a oral b. 6. report by the county agency on the progress made in locating an appropriate placement. Other (specify): The child is placed outside the state of California and that out-of-state placement a. b. continues to be the most appropriate placement for the child and is in the best interest of the child. does not continue to be the most appropriate placement for the child and is not in the best interest of the child. written The matter is continued to the date and time indicated in form JV-435, item 25 for a 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) (3) locating an out-of-state placement that is the most appropriate placement for the child and in the best interest of the child. other (specify): Important individuals 7. Child 10 years of age or older, placed in a group home for six months or longer from the date the child entered foster care a. The county agency has made efforts to identify individuals who are important to the child and to maintain the child's relationships with those individuals, consistent with the child's best interest. b. The county agency has not made efforts to identify individuals who are important to the child and to maintain the child's relationships with those individuals, consistent with the child's best interest. To identify individuals who are important to the child and to maintain the child's relationships with those c. individuals, the county agency must provide the services (1) as stated on the record. (2) as follows: Health 8. The biological father other (specify): mother presumed father legal guardian is unable unwilling unavailable to make decisions regarding the child's needs for medical, surgical, dental, or other remedial care, and the right to make these decisions is suspended under Welf. & Inst. Code, § 369 and vested with the county agency. Page 1 of 2 Form Approved for Optional Use Judicial Council of California JV-438 [Rev. July 1, 2011] TWELVE-MONTH PERMANENCY ATTACHMENT: REUNIFICATION SERVICES TERMINATED (Welf. & Inst. Code, § 366.21(f)) Welfare and Institutions Code, § 366.21(f); Cal. Rules of Court, rules 5.708 and 5.715 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com JV-438 CHILD'S NAME: CASE NUMBER: Selection of permanent plan 9. By clear and convincing evidence, there is a compelling reason for determining that a hearing under Welf. & Inst. Code, § 366.26 is not in the best interest of the child because the child is not a proper subject for adoption at this time and has no one currently willing or appropriate to accept legal guardianship. The child's permanent plan is a. placement with (name): with a specific goal of adoption guardianship , a fit and willing relative and termination of dependency. The likely date by which the child's specific goal will be achieved is (specify date): The relative is authorized to provide consent for the child's medical, surgical, and dental care as provided in Order Granting Authority to Consent to Medical, Surgical, and Dental Care (form JV-448). b. placement with (name of placement): with a specific goal of (specify): (1) return home. (2) adoption. (3) legal guardianship. (4) permanent placement with a fit and willing relative. (5) a less restrictive foster care setting. (6) independent living with identification of a caring adult to serve as a lifelong connection for the youth. (7) assisted adult living with identification of a caring adult to serve as a lifelong connection for the youth. The likely date by which the child's specific goal will be achieved is (specify date): c. 10. The county agency made diligent efforts to locate an appropriate relative for the child's placement, and each relative whose name was submitted to the county agency was evaluated as a possible caregiver for the child. a. The matter is ordered set for hearing under Welf. & Inst. Code, § 366.26 to select the most appropriate permanent plan for the child. b. By clear and convincing evidence, reasonable services have been provided or offered to the child's parents, legal guardian, or Indian custodian. c. 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 § 361.5(g). d. The court advised all parties present in court that to preserve any right to review on appeal of this order, a party must seek an extraordinary writ by filing notice of intent to file a writ petition and a request for the record, which may be submitted on Notice of Intent to File Writ Petition and Request for Record (form JV-820), and a petition for extraordinary writ, which may be submitted on Petition for Extraordinary Writ (form JV-825). A copy of each form is available in the courtroom. The court advised all parties present in court that, as to them, a notice of intent to file a writ petition and request for record must be filed with the juvenile court clerk within seven days of the date of this hearing. The clerk of the court must provide written notice as stated in rule 5.708(n)(5) of the California Rules of Court to any party not present. e. The court advised each parent present in court of the date, time, and place of the hearing set under Welf. & Inst. Code, § 366.26; their right to counsel; the nature of the proceedings; and the requirement that at the proceedings the court must select and implement a plan of adoption, guardianship, or identified placement with a specific goal for the child. The court ordered each parent present in court to appear for the hearing set un
|
|||||||
