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Orders Under Welfare And Institutions Code Sections 366.24 366.26 727.3 727.31 JV-320 - California
| Orders Under Welfare And Institutions Code Sections 366.24 366.26 727.3 727.31 Form. This is a California form and can be used in Juvenile Judicial Council . |
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JV-320 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: ORDERS UNDER WELFARE AND INSTITUTIONS CODE SECTIONS 366.24, 366.26, 727.3, 727.31 Child's name: Date of birth: Parent's name (if known): Parent's name (if known): 1. a. Hearing date: b. Judicial officer: c. Parties and attorneys present: Time: Dept.: CASE NUMBER: Age: Mother Mother Room: Father Father 2. The court has read and considered the assessment prepared under Welfare and Institutions Code section 361.5(g), 366.21(i), 366.22(c), or 366.25(b) and the report and recommendation of the social worker probation officer and other evidence. 3. 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 224.2; the original certified mail receipts, return cards, copies of all notices, and any responses to those notices are in the court file. For child 10 years of age or older who is not present: The child received proper notice of his or her right to attend the hearing and was given an opportunity to be present. 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): Form Adopted for Mandatory Use Judicial Council of California JV-320 [Rev. January 1, 2011] 5. 6. 7. Mother Mother Father Father Page 1 of 5 ORDERS UNDER WELFARE AND INSTITUTIONS CODE SECTIONS 366.24, 366.26, 727.3, 727.31 Welfare and Institutions Code, ยงยง 361.7, 366.24, 366.26, 727.3, 727.4; Cal. Rules of Court, rules 5.485, 5.504, 5.590, 5.725, 5.810 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com JV-320 CHILD'S NAME: CASE NUMBER: 8. a. b. There is clear and convincing evidence that it is likely the child will be adopted. This case involves an Indian child, and the court finds by evidence beyond a reasonable doubt, including the testimony of one or more qualified expert witnesses, that continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. (If item 8a or 8b is checked, go to item 9 unless item 10, 11, 12, or 13 is applicable. If item 8a or 8b is not checked, go to item 15 or 16.) The fact that the child is not placed in a preadoptive home or with a person or family prepared to adopt the child is not a basis for concluding that the child is unlikely to be adopted. The parental rights of parent (name): a. Mother Father parent (name): Mother b. Father alleged fathers (names): c. unknown mother all unknown fathers d. 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 17.) This case involves an Indian child. The parental rights of parent (name): a. parent (name): b. Indian custodians (names): c. d. alleged fathers (names): unknown mother all unknown fathers e. 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 17.) 9. 10. 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.) 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): a. b. c. 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 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. 12. d. JV-320 [Rev. January 1, 2011] 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. f. There would be substantial interference with the child's sibling relationship. 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)
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