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Fill Out Your California Jv 445 Form

The California JV 445 form is a critical document used in the postpermanency hearing process, focusing on the findings and orders following the termination of parental rights. This form ensures that all relevant information regarding a child's adoption plan is recorded and considered by the court. If you need to fill out the JV 445 form, click the button below.

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The California JV-445 form serves a crucial role in the post-permanency hearing process following the termination of parental rights. This document outlines essential findings and orders related to a child’s adoption journey. It includes vital information about the child's current circumstances, placement needs, and the involvement of key parties in the hearing. The form also emphasizes the importance of integrating the child's voice in the case planning process. Various sections address whether the child's placement is appropriate and what additional services may be required to support their health and education. Furthermore, it ensures compliance with legal requirements, notably concerning the notification of Indian tribes when applicable. By positively influencing the child's path to permanency, the JV-445 form plays an integral part in safeguarding their best interests during a challenging transition. This form seeks to balance legal necessities with the compassionate recognition of the child’s needs and rights.

California Jv 445 Example

JV-445

ATTORNEY OR PARTY WITHOUT ATTORNEY	STATE BAR NUMBER:		FOR COURT USE ONLY
			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

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

CHILD'S NAME:

FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING—	CASE NUMBER:
	CASE NUMBER:
PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION
(Welf. & Inst. Code, § 366.3)

1.Postpermanency hearing

Date:

Court reporter (name):

Department:

Bailiff (name):

Judicial officer (name):

Interpreter (name and language):

Court clerk (name):

Appointed

Party (name):

Present

Attorney (name):

Present

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	FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING—	Welfare and Institutions Code,
Judicial Council of California	PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION	§§ 366.3(f), 16501.1;
JV-445 [Rev. October 1, 2021]	PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION	Cal. Rules of Court, rule 5.740

(Welf. & Inst. Code, § 366.3)	www.courts.ca.gov

JV-445

CHILD'S NAME:

CASE NUMBER:

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.

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.

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
	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	written	oral	report by the county
	written	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)locating an out-of-state placement that is the most appropriate placement for the child and in the best interest of the child.

(3)

Other(specify):

Case plan development

11.a.

(1)

(2)

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.

(2)

Efforts

the county agency is not required to actively involve the child because the child is unable, unavailable, or unwilling to participate.

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:

JV-445 [Rev. October 1, 2021]

FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING— PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION

(Welf. & Inst. Code, § 366.3)

Page 2 of 5

JV-445

CHILD'S NAME:

CASE NUMBER:

15. Child not yet placed with prospective adoptive parent or a guardian

a. The county agency		has	has not exercised due diligence to locate an appropriate relative with whom the child

could be placed. Each				has	has not	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.

has not

made efforts to identify individuals who are important to the child, consistent

d. The county agency		has		has not	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.

has

has not

made efforts to identify a prospective adoptive parent or a legal guardian

(1)

(2)

(1)

(2)

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

as stated on the record. as follows:

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.

are	are not	being met.

are	are not	being met.

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):

JV-445 [Rev. October 1, 2021]

FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING— PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION

(Welf. & Inst. Code, § 366.3)

Page 3 of 5

JV-445

CHILD'S NAME:

CASE NUMBER:

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:

a.		The services stated in the case plan include those needed to assist the child in making the transition from foster care to
a.
		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.

(1)

(2)

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	has	has not	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.

JV-445 [Rev. October 1, 2021]

FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING— PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION

(Welf. & Inst. Code, § 366.3)

Page 4 of 5

JV-445

CHILD'S NAME:

CASE NUMBER:

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:

Date:

JUDGE

JUDGE PRO TEMPORE

COMMISSIONER

REFEREE

JV-445 [Rev. October 1, 2021]	FINDINGS AND ORDERS AFTER POSTPERMANENCY HEARING—
	PARENTAL RIGHTS TERMINATED; PERMANENT PLAN OF ADOPTION
		(Welf. & Inst. Code, § 366.3)

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Form Characteristics

Fact Name	Description
Purpose of JV-445	This form is primarily used to document the court's findings and orders following a postpermanency hearing, with a focus on adoption after parental rights have been terminated.
Governing Law	The form is governed by California Welfare and Institutions Code section 366.3, which outlines the procedures for postpermanency hearings.
Involvement of Child	The form ensures that children aged 10 or older are informed of their rights and are given the opportunity to attend hearings, emphasizing the importance of their participation.
Placement Considerations	It addresses whether the child’s current out-of-home placement is appropriate and sets expectations for finding a suitable placement if it is not.
Advocate Appointment	The form allows for the appointment of a Court Appointed Special Advocate (CASA), ensuring that the child's best interests are represented in the legal proceedings.

Guidelines on Utilizing California Jv 445

Filling out the California JV-445 form requires careful attention to detail and accuracy to ensure that all necessary information is correctly provided. After completing the form, it is essential to submit it to the appropriate court. This submission is an important step in processes related to child welfare cases where parental rights have been terminated.

Obtain the Form: Access the California JV-445 form, either through the court website or at a local courthouse.
Enter Attorney Information: Fill in the attorney’s name, firm name (if applicable), State Bar number, address, phone number, fax number, and email address.
Enter Child's Information: Write the child's name and case number clearly at the start of the form.
Postpermanency Hearing Details: Provide the date, department, judicial officer's name, court clerk's name, court reporter's name, and interpreter's details if necessary.
List the Parties Present: Indicate who was present at the hearing, including the child, legal guardian, de facto parent, county agency social worker, and any other relevant parties.
Evidence Admission: Record any reports or additional documentation that the court has read and considered during the hearing.
Findings and Orders Section: Check applicable statements regarding notice of the hearing, Indian Child Welfare Act considerations, and advocate appointments.
Placement Information: Assess the child’s current out-of-home placement and document any necessary follow-up actions regarding placement appropriateness.
Case Plan Development: Indicate whether the child was involved in case plan development, along with any specific actions ordered by the agency.
Health and Education Needs: Address the child's various needs—educational, physical, mental health, and developmental—and document any required services or evaluations.
Siblings: Provide information on any siblings under the court's jurisdiction and detail sibling contact agreements if applicable.
Permanency Plan: Confirm the appropriateness of the adoption plan or any other permanent plan in place for the child.
Next Hearing Information: Specify the details of the next scheduled hearing, including the date, time, department, and other relevant information.
Signature and Date: Sign and date the form where indicated to certify that the information provided is complete and accurate.

What You Should Know About This Form

What is the California JV-445 form?

The California JV-445 form, titled "Findings and Orders After Post Permanency Hearing," is used in cases involving the adoption of children whose parental rights have been terminated. This form documents the court's findings and orders made during a post-permanency hearing, which assesses the child’s placement and overall well-being.

When is the JV-445 form used?

This form is utilized after a post-permanency hearing, specifically in cases where parental rights have been terminated. It plays a crucial role in verifying that the child’s current placement is suitable and that steps are being taken toward their permanent adoption or guardianship.

Who is required to complete the JV-445 form?

What information is included in the JV-445 form?

The JV-445 form requires detailed information, such as the child's name, case number, and details about the post-permanency hearing, including the date and the names of those present. It also includes findings related to the child’s current placement, the appropriateness of services received, and any efforts made toward finalizing the child's adoption.

What happens after the JV-445 form is submitted?

Once the JV-445 form is submitted to the court, the judge reviews the findings and orders outlined within it. The form guides the decision-making process regarding the child's current and future placement. A follow-up hearing may be scheduled to monitor progress and discuss any necessary actions.

How is the child's well-being addressed in the JV-445 form?

The form assesses various aspects of the child’s life, including educational needs, health care, and emotional support. Specific sections highlight whether these needs are being met and identify any services or evaluations required to address unmet concerns.

Can the information in the JV-445 form be contested?

Where can I find the JV-445 form?

The JV-445 form can be obtained online from the California Courts website or directly from the local court. Legal offices that handle child welfare and family law cases may also provide copies of the form.

Common mistakes

Filling out the California JV-445 form can be a complex task, and it’s crucial to avoid mistakes that could delay proceedings or negatively impact a child's welfare. One common error is failing to include all necessary parties in the notifications. Ensuring that everyone who needs to be aware of the hearing—such as guardians, social workers, and relevant family members—is notified is vital. Omissions can lead to challenges in proceedings and may affect the outcome for the child.

Another frequent mistake involves not providing accurate dates. The JV-445 form requires specific dates, such as the date of the postpermanency hearing and the date of relevant evidence submissions. Any inaccuracy here can create confusion and complicate legal processes. Always double-check dates before submitting the form.

Underestimating the importance of documentation is another pitfall. The court relies on evidence to make informed decisions, so it's essential to indicate all evidence considered during the hearing. Missing reports from social workers or CASA volunteers can undermine the court's understanding of the child's situation. Thus, always list and attach necessary documents to avoid unnecessary delays.

Poor organization also plays a role in errors. The JV-445 form has various sections that require precise information. Jumping around or filling things out out of order can lead to incomplete responses or missed questions. To combat this, complete the form systematically, following each section sequentially.

People frequently overlook the need for signatures and initials. Every party involved should provide the necessary signatures to affirm the information presented. A lacking signature can stall processes and create legal hiccups. Prior to submission, review the entire form to ensure all required signatures are present.

In addition, miscommunication about the child's involvement in the case plan is a recurring issue. If the child is of an age where they should be involved in their case plans, it is crucial to accurately report their participation. Not documenting a child's involvement—or indicating they were not involved when they should have been—can lead to further legal ramifications.

Another frequent oversight is not providing complete contact information. Accurate details for all parties—including addresses, phone numbers, and emails—are essential for facilitating communication. A lack of accurate contact information can impede the legal process and prevent the court from reaching the correct parties promptly.

Filing the JV-445 form without proper consideration of deadlines is also problematic. Each section might require specific timing for submissions, especially in relation to hearings and evaluations. Missing a deadline can hinder the progress of a child's case and may result in adverse consequences.

Lastly, individuals sometimes neglect to clarify the child's needs regarding health and education. Each item related to the child’s educational placement and health services must be accurately reported to ensure that all needs are addressed. Failing to provide this information can lead to significant delays in necessary services being provided to the child.

Documents used along the form

The California JV-445 form is a significant document used in post-permanency hearings, specifically regarding cases of children whose parental rights have been terminated and who are planned for adoption. Along with the JV-445 form, several other forms and documents are commonly utilized in these cases. Each of these documents serves a particular purpose and helps ensure that all legal procedures are followed appropriately while addressing the needs of the child.

JV-400: Visitation Attachment for Parent, Legal Guardian, Indian Custodian, or Other Important Person - This form outlines visitation arrangements for the child with their parents, guardians, or other significant individuals, helping to maintain familial connections where appropriate.
JV-401: Visitation Attachment for Sibling - This document specifies visitation rights for siblings who may be part of the case, ensuring that siblings can maintain their relationship even if they are placed in different homes.
JV-402: Visitation Attachment for Grandparent - Similar to the sibling visitation form, this attachment establishes visitation rights for grandparents, allowing them to remain involved in the child's life.
JV-403: Sibling Attachment: Contact and Placement - This form serves to document the contact between siblings under the court’s jurisdiction, facilitating continued relationships during and after the adoption process.
JV-410: Report of Court Appointed Special Advocate (CASA) - A CASA report provides insight and recommendations from a volunteer advocate appointed to represent the child’s best interests, offering valuable information to the court.
Case Plan - The case plan outlines the services and supports necessary for the child’s well-being and future placement, detailing the goals for the child’s care and development.
Social Worker’s Report - This report summarizes the child’s current situation, progress, and any recommendations made by the social worker involved with the case, serving as critical evidence during hearings.

These documents together create a comprehensive legal framework that ensures the child's rights and needs are prioritized throughout the post-permanency hearing process. By utilizing these forms effectively, the court aims to facilitate a smooth transition for children into safe, loving permanent homes through adoption.

Similar forms

California JV-470: This form is also associated with juvenile dependency proceedings. Like the JV-445, it addresses findings and orders related to the child’s best interests and outlines the court's determinations about the child’s placement and case plan.
California JV-108: This document is utilized for a request to change a child’s placement. Similar to the JV-445, it includes information about the child’s current situation and outlines reasonable efforts made to ensure a suitable living environment.
California JV-325: This form details findings and orders relevant to a child's adoption placement. It aligns with the JV-445 in its focus on permanency planning and steps taken to finalize an adoption process for a child.
California JV-361: This document functions similarly by recording findings and decisions made in cases of legal guardianship. It emphasizes the importance of identifying the best permanent placement for the child, akin to the aims outlined in JV-445.
California JV-480: Similar in nature, this form is focused on postpermanency review hearings. It reflects findings regarding a child's placement and services, ensuring that the child's needs and permanency plans are continually assessed.

Dos and Don'ts

Do's and Don'ts When Filling Out the California JV-445 Form

Do: Provide accurate attorney or party information.
Do: Include correct details about the child involved in the case.
Do: Clearly state the reasons for the court's findings and orders.
Do: Ensure that the notifications of hearings are documented properly.
Do: Review the form for completeness before submission.

Don't: Leave any section blank; all relevant information must be provided.
Don't: Use incorrect or outdated case numbers.
Don't: Forget to sign and date the form.
Don't: Submit the form without verifying that all parties have been duly notified.
Don't: Provide false information or misrepresent any facts regarding the child’s circumstances.

Misconceptions

1. Misunderstanding the Purpose: Many believe that the JV-445 form is solely about terminating parental rights. In reality, it focuses on the child's permanent plan of adoption and other critical findings, encompassing the child's well-being and future stability.

2. Assumption of Automatic Approval: Some think that submitting the JV-445 form guarantees the courts will approve the adoption. The court reviews all evidence thoroughly before making a decision, and approval is not automatic.

3. Overlooking Participant Importance: There's a perception that the child's input during the hearing is insignificant. In fact, the involvement of children aged 10 and older is crucial. They are given opportunities to express their preferences regarding placements and permanency plans.

4. Confusion over Legal Terminology: Individuals sometimes misinterpret terms used within the form, leading to skepticism. It is essential to recognize that terms like "de facto parent" and "Indian custodian" have specific legal meanings, impacting the proceedings significantly.

5. Ignoring Out-of-State Implications: People often underestimate the complexity of out-of-state placements. The JV-445 addresses whether a child's out-of-state placement remains appropriate, which can affect the child's best interests and future care arrangements.

6. Forgetting the Role of the County Agency: Some may not grasp the county agency's responsibilities outlined in the JV-445. The agency plays a vital role in ensuring that children receive proper services and that their needs are addressed effectively.

Key takeaways

Filling out the California JV-445 form requires accurate and complete information about the child, parents, legal guardians, and other involved parties.
The form is divided into sections that cover various findings and orders, including the child's placement and case plan development.
It is essential to provide information about the child's current out-of-home placement, indicating whether it is appropriate or if further actions are necessary.
Notification procedures must be correctly followed; this includes ensuring that all parties, especially children aged ten or older, are informed of their rights to attend hearings.
If the child is considered an Indian child, appropriate notice must be given to the tribe, as per legal requirements.
The form allows for the appointment of a Court Appointed Special Advocate (CASA) for the child, ensuring that their best interests are represented.
Updating the case plan is crucial, particularly if the child was not actively involved in its development. The county agency is responsible for submitting an updated plan to the court within 30 days.
The court will review the services provided to the child, assessing if their health, educational, and developmental needs are being met.
Information regarding any changes in the child’s educational placement must also be included, detailing the transfer of educational records and the child’s enrollment status.
Finally, the form outlines the next steps for hearings, underscoring the importance of continued legal processes to support the child's transition toward permanency.

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