Continuance-Dependency Detention Hearing {JV-405} | Pdf Fpdf Doc Docx | California

 California /  Judicial Council /  Juvenile /
Continuance-Dependency Detention Hearing {JV-405} | Pdf Fpdf Doc Docx | California

Continuance-Dependency Detention Hearing {JV-405}

This is a California form that can be used for Juvenile within Judicial Council.

Alternate TextLast updated: 5/29/2015

Included Formats to Download
$ 17.99

Description

JV-405 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: CASE NUMBER: CONTINUANCE--DEPENDENCY DETENTION HEARING 1. This matter came before the court on the original petition subsequent petition filed on (date): 2. Detention 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: Tribal representative: Other (specify): supplemental petition other (specify): 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): THE COURT FINDS AND ORDERS: 3. The attorney appointed to represent the child as the child's attorney of record is also appointed as the child's Child Abuse Prevention and Treatment Act guardian ad litem. a. The child will not benefit from representation by an attorney and, for the reasons stated on the record, the court finds: (1) the child understands the nature of the proceedings; (2) the child is able to communicate and advocate effectively with the court, other counsel, other parties, including social workers, and other professionals involved in the case; and (3) under the circumstances of the case, the child would not gain any benefit from being represented by counsel. b. A Court Appointed Special Advocate is appointed for the child, and that person is also appointed as the child's Child Abuse Prevention and Treatment Act guardian ad litem. Page 1 of 4 Form Approved for Optional Use Judicial Council of California JV-405 [Rev. July 1, 2011] 4. CONTINUANCE--DEPENDENCY DETENTION HEARING Welfare and Institutions Code, §§ 319, 322; Cal. Rules of Court, rule 5.672 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com JV-405 CHILD'S NAME: CASE NUMBER: 5. 6. A Court Appointed Special Advocate is appointed for the child. The court has informed and advised the legal guardian mother child biological father presumed father Indian custodian alleged father other (specify): of the following: a. 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. b. The right to be informed by the court of the following: · the contents of the petition; · the nature of and possible consequences of juvenile court proceedings; · the reasons for the initial detention and the purpose and scope of the detention hearing if the child is detained; · the right to have a child who is detained immediately returned to the home of the parent, legal guardian, or Indian custodian if the petition is not sustained; · that if the petition is sustained and the child is removed from the care of the parent, legal guardian, or Indian custodian, the time for services will commence on the date the petition is sustained or 60 days from the date of the initial removal, whichever is earlier; · that the time for services will not exceed 12 months for a child aged three years or over at the time of the initial removal; and · that the time for services will not exceed 6 months for a child under the age of three years at the time of the initial removal or for the member of a sibling group that includes such a child if the parent, legal guardian, or Indian custodian fails to participate regularly and make substantive progress in any court-ordered treatment program. c. The right to a hearing by the court on the issues presented by the petition. d. The right to assert the privilege against self-incrimination; to confront and cross-examine the persons who prepared reports or documents submitted to the court by the petitioner and the witnesses called to testify against the parent, legal guardian, or Indian custodian; to subpoena witnesses; and to present evidence on his or her own behalf. 7. The court has considered the information contained in the report of social worker dated: a. b. c. other (specify): other (specify): and based on this information finds that continuance in the home is contrary to the child's welfare pending a further determination at the continued hearing. The court grants the motion for continuance under Welfare and Institutions Code section 322 made by the mother biological father legal guardian child presumed father alleged father Indian custodian other (specify): A motion for continuance was made by the mother biological father legal guardian child presumed father alleged father Indian custodian other (specify): and good cause exists for granting the continuance in that notice of the date, time, and location of the hearing was not given to (name): a. b. c. the child did not receive proper notice of his or her right to attend the hearing. other (specify): 8. 9. The motion for the continuance is granted. JV-405 [Rev. July 1, 2011] CONTINUANCE--DEPENDENCY DETENTION HEARING Page 2 of 4 JV-405 CHILD'S NAME: CASE NUMBER: 10. Contact with the child is ordered as stated in (check appropriate boxes and attach indicated forms): Visitation Attachment: Parent, Legal Guardian, Indian Custodian, Other Important Person (form JV-400). a. Visitation Attachment: Sibling (form JV-401). b. Visitation Attachment: Grandparent (form JV-402). c. 11. 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. 12. The parents

Our Products