Initial Appearance Hearing-Juvenile Delinquency {JV-642} | Pdf Fpdf Doc Docx | California

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Initial Appearance Hearing-Juvenile Delinquency {JV-642} | Pdf Fpdf Doc Docx | California

Initial Appearance Hearing-Juvenile Delinquency {JV-642}

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

Alternate TextLast updated: 5/25/2017

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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 is to remain out of custody pending the next hearing. The child was taken into custody at: The petition or notice of probation violation was filed at: a.m. p.m. on (specify date): a.m. p.m. on (specify date): Counsel is appointed for the child as follows: Counsel is to represent the child until relieved by the court in accordance with California Rules of Court, rule 5.663. The information on the face of the petition was The court inquired of the mother confirmed corrected as follows: others (names and relationships): as to the identities and addresses of all presumed or alleged fathers. b. 9. The The court finds (name): presumed alleged father. to be the legal biological mother father legal guardian other (specify): 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. 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. 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 or legal guardian of (check all that apply) the contents of the petition. the nature and possible consequences of juvenile court proceedings. 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: Reading of the petition and advice of rights were waived by the child the child's counsel. 10. a. b. 11. a. b. c. d. e. f. g. 12. 13. 14. a. b. 15. 16. The prosecutor has requested that a hearing be set to determine whether the child should be transferred to the jurisdiction of the criminal court under Welfare and Institutions Code section 707. The child through counsel denied the allegations of the petition dated: 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. in the interests of justice because the child After inquiry, the court 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, which were explained (check all that apply): a. The right to have a hearing. Page 1 of 3 Welfare and Institutions Code, §§ 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 Form Approved for Optional Use Judicial Council of California JV-642 [Rev. May 22, 2017] INITIAL APPEARANCE HEARING--JUVENILE DELINQUENCY JV-642 CHILD'S NAME: CASE NUMBER: 16. b. c. d. 17. a. b. c. d. e. f. 18. a. The right to cross-examine and confront witnesses. The right to subpoena witnesses and present a defense. The right to remain silent. The child through counsel as filed as amended on (date): as filed as amended on (date): admitted the petition pleaded no contest to the petition 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) b. c. As to any offense that could be considered a misdemeanor or felony, the court is aware of and exercises its discretion to determine the offense, as stated in 18a. The following allegations are dismissed: Count number Statutory violation 19. 20. 21. 22. 23. 24. The child is described by section The maximum confinement time is: The child's residence is in: 601 602 of the Welfare and Institutions Code. 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 court has considered the detention report prepared by probation and the following documents (specify): and the testimony of (name): and the examination by the court of (name): and takes judicial notice of the entire court file. CHILD IN CUSTODY 25. The child is released from custody to the home of (name, address, and relationship to child): on home supervision on electronic monitoring the terms of which are stated in the attached Terms and Conditions (form JV-624). 26. The child is a dependent of the court under section 300 and is ordered released from custody. The child welfare services department must either ensure that the child's current caregiver take physical custody of the child or take physical custody of the child and place the child in a licensed or approved placement. JV-642 [Rev. May 22, 2017] INITIAL APPEARANCE HEARING--JUVENILE DELINQUENCY Page 2 of 3 American LegalNet, Inc. www.FormsWorkFlow.com JV-642 CHILD'S NAME: CASE NUMBER: 27. 28. a. b. c. d. e. 29. 30. 31. 32. 33. 34. 35. A prima facie showing has been made that the child's disposition is by section 601 or 602. Based on the facts stated on the record, the child is detained in secure custody on the following grounds (check all that apply): 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. B

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