The California JV 445 form is used to document the findings and orders made by the court after a post-permanency hearing regarding a child whose parental rights have been terminated and who is in a permanent plan of adoption. This form includes essential information about the child's current placement, case plan development, and any necessary services or evaluations required for the child. Completing this form accurately is crucial for ensuring that the child's best interests are prioritized in the adoption process.
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The California JV 445 form, officially titled "Findings and Orders After Postpermanency Hearing," plays a crucial role in the child welfare system, particularly in cases where parental rights have been terminated and the focus shifts to adoption as a permanent plan for the child. This form is utilized by the Superior Court of California to document essential findings and orders made during a postpermanency hearing. It encompasses various aspects, including the child's current placement, the appropriateness of that placement, and the involvement of various parties, such as social workers, legal guardians, and Court Appointed Special Advocates. The form requires the court to consider evidence from social workers and CASA volunteers, ensuring that the child's best interests are at the forefront of all decisions. It also addresses the child's educational and health needs, the involvement of the child in the case plan, and the necessary steps for transitioning to a permanent home. The JV 445 form is not just a procedural document; it represents a significant step in the journey toward stability and permanency for children who have experienced the trauma of family separation.
JV-445
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE BAR NUMBER:
FOR COURT USE ONLY
NAME:
FIRM NAME:
STREET ADDRESS:
CITY:
STATE:
ZIP CODE:
TELEPHONE NO.:
FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CHILD'S NAME:
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING—
CASE NUMBER:
PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION
(Welf. & Inst. Code, § 366.3)
1.Postpermanency hearing
a.
Date:
e.
Court reporter (name):
b.
Department:
f.
Bailiff (name):
c.
Judicial officer (name):
g.
Interpreter (name and language):
d.
Court clerk (name):
Appointed
h.
Party (name):
Present
Attorney (name):
today
(1)
Child:
(2)
Legal guardian:
(3)
Indian custodian:
(4)
De facto parent:
(5)
County agency social worker:
(6)
Tribal representative:
(7)
Other (specify):
i.Others present in courtroom:
(1)Court Appointed Special Advocate (CASA) volunteer (name):
(2)Other (name):
(3)Other (name):
2.The court has read and considered and admits into evidence:
a. Report of social worker(dated):
b. Report of CASA volunteer (dated):
c. Case plan (dated):
d. Other (specify):
e. Other (specify):
BASED ON THE FOREGOING AND ON ALL OTHER EVIDENCE RECEIVED, THE COURT FINDS AND ORDERS:
3.a.
Notice of the date, time, and location of the hearing was given as required by law.
For child 10 years of age or older who is not present: The child was properly notified under Welf. & Inst. Code,
§349(d) of his or her right to attend the hearing, was given an opportunity to be present, and there is no good cause for a continuance to enable the child to be present.
4. a.
The child
is
may be an Indian child, and notice of the proceeding and the right of the tribe to
intervene was
provided as required by law. Proof of such notice was filed with this court.
There is reason to believe that the child may be of Indian ancestry, and notice of the proceedings was provided to the Bureau of Indian Affairs as required by law. Proof of such notice was filed with this court.
Page 1 of 5
Form Approved for Optional Use
Welfare and Institutions Code,
Judicial Council of California
§§ 366.3(f), 16501.1;
JV-445 [Rev. October 1, 2021]
Cal. Rules of Court, rule 5.740
www.courts.ca.gov
5.
A Court Appointed Special Advocate is appointed for the child.
Placement
6.The child's out-of-home placement is necessary.
7. The child's current placement is appropriate.
8.
For a child placed in a short-term residential therapeutic program, the court has considered the evidence and documentation submitted under Welfare and Institutions Code section 366.1(l) when determining the continuing necessity for and appropriateness of the placement.
9.
The child's current placement is not appropriate. The county agency must locate an appropriate placement for the child.
The matter is continued to the date and time indicated in item 32 for a
written
oral
report by the county
agency on the progress made in locating an appropriate placement.
b. Other(specify):
10. The child is placed outside the state of California and that out-of-state placement
a. continues to be the most appropriate placement for the child and is in the best interest of the child.
b.does not continue to be the most appropriate placement for the child and is not in the best interest of the child. The
matter is continued to the date and time indicated in item 32 for a
agency on the progress made toward
(1) returning the child to California and locating an appropriate placement within California.
(2)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):
Case plan development
11.a.
The child was actively involved in the case plan development, including the child's plan for permanent placement.
The child was not actively involved in the case plan development, including the child's plan for permanent placement, and
the county agency is ordered to actively involve the child in the case plan development, including the plan for permanent placement, and to submit to the court an updated case plan within 30 days of the date of this hearing.
the county agency is not required to actively involve the child because the child is unable, unavailable, or unwilling to participate.
12. Child 12 years of age or older:
a. The child was given the opportunity to review the case plan, sign it, and receive a copy.
b. The child was not given the opportunity to review the case plan, sign it, and receive a copy, and
(1)the county agency is ordered to provide the child with the opportunity to review the case plan, sign it, and receive a copy. The county agency is further ordered to submit to the court within 30 days of the date of this hearing written confirmation that the child was provided with this opportunity.
Efforts
13.The county agency
has has not
complied with the case plan by making reasonable efforts, including whatever steps are necessary to make and to finalize the permanent placement of the child.
14. The child is 16 years of age or older and the agency
has
has not
made the following ongoing and intensive
efforts to return the child to a safe home or finalize the
permanent plan:
FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING— PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION
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15. Child not yet placed with prospective adoptive parent or a guardian
a. The county agency
has not exercised due diligence to locate an appropriate relative with whom the child
could be placed. Each
been
relative whose name has been submitted to the department
evaluated.
b. The child has identified the following as an individual important to him or her:
(1)(name):
(2)(name):
c.The county agency has with the child's best interest.
made efforts to identify individuals who are important to the child, consistent
d. The county agency
made efforts to maintain the child's relationships with the individuals who
are important to the
child,
consistent
with the child's best interest.
e.The county agency for the child.
made efforts to identify a prospective adoptive parent or a legal guardian
To identify individuals who are important to the child and to maintain the child's relationships with those individuals, the county agency must provide the services
as stated on the record. as follows:
To identify a prospective adoptive parent or a legal guardian for the child, the county agency must provide the service
16. The services provided to the child have been
adequate. not adequate.
Health and education
17. a. The child's educational needs b. The child's physical needs
c. The child's mental health needs d. The child's developmental needs
18. The child
does
does not
psychotropic
medication order is on (date):
are
are not
being met.
have an order authorizing psychotropic medication. The next hearing to review the
.
19. The additional services, assessments, and/or evaluations the child requires to meet the unmet needs specified in item 17 or other concerns are:
a. stated in the social worker's report.
b. specified here:
20. The following persons are ordered to take the steps necessary for the child to begin receiving the services, assessments, and/or evaluations identified in item 19:
a. Social worker.
b. Surrogate parent (name):
c. Educational representative (name):
d. Other (name):
Page 3 of 5
21. The child's education placement has changed since the last review hearing.
a. The child's educational records, including any evaluation regarding a disability, were requested by the child's new school within two business days of the request to enroll and those records were provided by the child's former school to the child's new school within two business days of the receipt of the educational records request.
b. The child is enrolled in school.
c. The child is attending school.
22. Child 14 years of age or older:
The services stated in the case plan include those needed to assist the child in making the transition from foster care to
successful adulthood.
The services stated in the case plan do not include those needed to assist the child in making the transition from foster care to successful adulthood.
To assist the child in making the transition to successful adulthood, the county agency must add to the case plan and provide the services
stated on the record. as follows:
Siblings
23. The child does not have siblings under the court's jurisdiction.
24.
The child has siblings under the court's jurisdiction. Sibling Attachment: Contact and Placement (form JV-403) is
attached and incorporated by reference.
25.
The child has siblings. A postadoption sibling contact agreement
been developed. If not,
the court has inquired into the status of the development of a voluntary postadoption sibling contact agreement.
Permanent plan
26. a. The permanent plan of adoption is appropriate and is ordered to continue as the permanent plan.
b.The likely date by which the child's adoption will be finalized is (specify date):
27. a. The permanent plan of tribal customary adoption is appropriate and is ordered to continue as the permanent plan.
b.The likely date by which the child's tribal customary adoption will be finalized is (specify date):
28. a. The child's permanent plan of adoption may or may not be appropriate, and the matter is ordered set for a hearing under Welf. & Inst. Code, § 366.26 to select the most appropriate permanent plan for the child. 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, § 366.22(b).
b.The likely date by which the child may be placed for adoption, tribal customary adoption, legal guardianship, or with a fit and willing relative (specify date):
29. Contact with the child is ordered as follows (check appropriate box and attach indicated form):
a. Visitation Attachment: Parent, Legal Guardian, Indian Custodian, Other Important Person (form JV-400).
b. Visitation Attachment: Sibling (form JV-401).
c. Visitation Attachment: Grandparent (form JV-402).
30.All prior orders not in conflict with this order remain in full force and effect.
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31. Other findings and orders:
a. See attached.
b. (Specify):
32. The next hearing is scheduled as follows:
Hearing date:
Time:
Dept:
Room:
Postpermanency hearing (Welf. & Inst. Code, § 366.3)
Selection and implementation hearing (Welf. & Inst. Code, § 366.26) Other (specify):
33.Number of pages attached:
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Filling out the California JV-445 form requires careful attention to detail. This form is essential for the court's record regarding post-permanency hearings. After completing the form, you will submit it to the court, where it will be reviewed during the hearing.
The JV-445 form is used in California to document the findings and orders made by the court after a post-permanency hearing. This hearing typically occurs after parental rights have been terminated, and it focuses on the child’s permanent plan, often involving adoption.
The form must be filled out by the attorney or party representing the child or the agency involved in the case. This includes social workers, legal guardians, or any party with a vested interest in the child’s welfare.
The form includes details such as:
The court reviews evidence, including reports from social workers and other relevant parties. The child's best interests are the primary focus. If the current plan is not suitable, the court may schedule another hearing to explore alternative options.
If the child is 10 years of age or older and not present, the court must confirm that the child was properly notified of the hearing. The court will ensure that there is no good cause for a continuance to allow the child to attend.
A CASA is appointed to represent the child's best interests in court. They provide independent recommendations and help ensure the child's voice is heard during the legal process.
Yes, the court can approve out-of-state placements if it is determined to be in the child's best interest. The county agency must report on the appropriateness of such placements during subsequent hearings.
If the county agency does not make reasonable efforts to comply with the case plan, the court may order them to take specific actions. This may include providing additional services or identifying a suitable adoptive family for the child.
Once the form is completed, it must be filed with the court. The court will then schedule the next hearing to review the findings and orders documented in the JV-445 form.
Yes, the JV-445 form should be submitted by the date of the scheduled hearing. Timely submission ensures that all relevant information is considered during the court's review.
Incomplete Information: Failing to fill in all required fields, such as the child's name or case number, can lead to delays in processing.
Incorrect Dates: Providing incorrect dates for hearings or reports can create confusion and may affect the court's decisions.
Missing Signatures: Not signing the form or having the necessary parties sign can invalidate the submission.
Inaccurate Attorney Information: Listing incorrect attorney details, such as the wrong state bar number, can complicate communication with the court.
Omitting Evidence: Failing to attach required evidence or reports, like the social worker's report, can weaken the case.
Ignoring Child's Rights: Not properly notifying children over 10 years old about their rights to attend hearings can violate legal requirements.
Incorrect Placement Information: Misrepresenting the child's current placement status can lead to inappropriate decisions regarding their care.
Failure to Follow Up: Not submitting updates on the child's case plan or progress can hinder the child's development and legal process.
Neglecting Sibling Considerations: Failing to address sibling relationships and placements can overlook important emotional connections for the child.
Not Keeping Copies: Not retaining copies of the submitted form and attachments can complicate future references or disputes.
The California JV-445 form is an essential document used in post-permanency hearings, particularly in cases involving the adoption of children whose parental rights have been terminated. Alongside this form, several other documents may be required to provide a comprehensive view of the child's situation and ensure that all legal requirements are met. Below is a list of commonly used forms and documents that complement the JV-445.
These forms and documents play vital roles in the legal process surrounding child adoption and post-permanency hearings in California. Each serves a specific purpose, contributing to the overall goal of ensuring the child's best interests are prioritized throughout the proceedings.
The California JV-445 form, which documents findings and orders after a post-permanency hearing, shares similarities with the California JV-460 form. The JV-460 is utilized for the selection and implementation of a permanent plan for a child, often in conjunction with adoption proceedings. Both forms require a thorough review of the child's situation, including the appropriateness of current placements and the involvement of relevant parties, such as social workers and legal guardians. They aim to ensure the child’s best interests are prioritized, focusing on the permanency of care and the necessity of continued court oversight.
Another comparable document is the California JV-403 form, which addresses sibling attachment and contact in cases where siblings are under the court's jurisdiction. Like the JV-445, the JV-403 emphasizes the importance of maintaining familial relationships, especially among siblings. It seeks to assess the emotional and psychological needs of children in foster care and mandates that the court consider sibling placements and contact agreements as part of the child's overall welfare strategy.
The California JV-220 form is also relevant, as it pertains to the petition for the termination of parental rights. Similar to the JV-445, the JV-220 requires a comprehensive evaluation of the child's circumstances, including the necessity for a permanent plan. Both forms involve detailed findings that must be presented to the court, ensuring that the rights and welfare of the child are safeguarded throughout the legal process.
In addition, the California JV-500 form, which is the adoption request form, shares a focus on the child's best interests and the permanence of their living situation. The JV-500 requires documentation of the child's background, including any prior placements and the rationale for the adoption. Like the JV-445, it seeks to establish a stable and nurturing environment for the child, emphasizing the legal transition to a permanent family.
Finally, the California JV-290 form, which is used for the report of the child’s social worker, parallels the JV-445 in its emphasis on the child's needs and circumstances. Both documents require the submission of evidence and reports that detail the child's current status and the appropriateness of their placement. The JV-290 serves as a critical resource for the court, providing necessary context and recommendations that inform the decisions made in the JV-445 hearings.
Filling out the California JV-445 form requires careful attention to detail. Here are some important do's and don'ts to guide you through the process.
Misconceptions about the California JV-445 form can lead to confusion and mismanagement of important legal processes. Here are five common misconceptions:
Understanding these misconceptions is crucial for anyone involved in the child welfare system. Proper use of the JV-445 can significantly impact the outcomes for children in these cases.
Filling out the California JV-445 form requires attention to detail and an understanding of its purpose in the post-permanency hearing process. Here are key takeaways to keep in mind:
Completing the JV-445 form thoroughly and accurately is essential for the successful navigation of the post-permanency hearing process. Each detail plays a vital role in the court's decision regarding the child's future.