Free JV-320 Orders Under Welfare and Institutions Code Sections 366.26, 727.3, 727.31 - California

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 366.26, 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 366.21(i) or 366.22(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. The child is 10 years or older and is not present; the court finds that the child was properly notified of the right 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 sections 361.5, 366.21, 366.22, 727.2, or 727.3, for Parent (name): Parent (name):
Form Adopted for Mandatory Use Judicial Council of California JV-320 [Rev. January 1, 2009]

5. 6. 7.

Mother Mother

Father Father
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ORDERS UNDER WELFARE AND INSTITUTIONS CODE SECTIONS 366.26, 727.3, 727.31

Welfare and Institutions Code, §§ 361.7, 366.26, 727.3, 727.31; Cal. Rules of Court, rules 5.485, 5.504, 5.725, 5.810 www.courtinfo.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, or 12 is applicable. If item 8a or 8b is not checked, go to item 14 or 15.) 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 items 16, 17, 18, 19, and 20.) 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 10 is checked, go to item 14 or 15.) Termination of parental rights would be detrimental to the child for the following reasons (If item 11 is checked, check reasons below and go to item 14 or 15): 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. There would be substantial interference with the child's sibling relationship. The child is an Indian child and there is a compelling reason for determining that termination of parental rights would not be in the best interest of the child, including, but not limited to: (1) Termination of parental rights would substantially interfere with the child's connection to his or her tribal community or the child's tribal membership rights. (2) The child's tribe has identified guardianship or another permanent plan for the child.

9.

10.

11.

d.

e. f.

12.

Termination of parental rights would not be detrimental to the child, but no adoptive parent has been identified or is available, and the child is difficult to place because the child (if item 12 is checked, check reasons below and go to item 13): a. b. c. is a member of a sibling group that should stay together. has a diagnosed medical, physical, or mental disability. is 7 years or older.

JV-320 [Rev. January 1, 2009]

ORDERS UNDER WELFARE AND INSTITUTIONS CODE SECTIONS 366.26, 727.3, 727.31

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JV-320
CHILD'S NAME:
CASE NUMBER:

13. a.

Termination of parental rights is not ordered at this time. Adoption is the permanent placement goal, and efforts are to be made to locate an appropriate adoptive family. A report to the court is due by (date, not to exceed 180 days from the date of this order): (If item 13a is checked, provide for visitation in items 13b and 13c as appropriate, and go to items 16, 17, 18, 19, and 20.)

b.

Visitation between the child and Parent (name): Parent (name): Legal guardian (name): Other (name): is scheduled as follows (specify): Mother Mother Father Father

c. 14.

Visitation between the child and (names): is detrimental to the child's physical or emotional well-being and is terminated. The child's permanent plan is legal guardianship. (Name): is appointed legal guardian of the child, and Letters of Guardianship will issue. (If item 14 is checked, provide for visitation in items 14a and 14b as appropriate, and go to item 14c or 14d.) a. Visitation between the child and Parent (name): Parent (name): Legal guardian (name): Other (name): is scheduled as follows (specify): Mother Mother Father Father

b. c. d.

Visitation between the child and (names): is detrimental to the child's physical or emotional well-being and is terminated. Dependency Dependency (date): Wardship is terminated. Wardship is not terminated. The likely date for termination of the dependency or wardship is (If this item is checked, go to items 16, 17, 18, 19, and 20.)

The juvenile court retains jurisdiction of the guardianship under Welfare and Institutions Code section 366.4.

15. a.

The child's permanent plan is an identified placement with (name of placement): with a specific goal of (specify): (1) returning home adoption (2) legal guardianship (3)

(4) (5) (6)

permanent placement with a fit and willing relative a less restrictive foster care setting independent living with identification of a caring adult to serve as a lifelong connection

The child's specific goal is likely to be achieved by (date): (If item 15a is checked, provide for visitation in items 15b and 15c as appropriate, and go to items 16, 17, 18, 19, and 20.)
JV-320 [Rev. January 1, 2009]

ORDERS UNDER WELFARE AND INSTITUTIONS CODE SECTIONS 366.26, 727.3, 727.31

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JV-320
CHILD'S NAME:
CASE NUMBER:

b.

Visitation between the child and Parent (name): Parent (name): Legal guardian (name): Other (name): is scheduled as follows (specify): Mother Mother Father Father

c.

Visitation between child and (names): is detrimental to the child's physical or emotional well-being and is terminated. The child's placement is necessary. The child's placement is appropriate. The agency has complied with the case plan by making reasonable efforts, including whatever steps are necessary to finalize the permanent plan. If this case involves an Indian child, the court finds that the agency has made active efforts to provide remedial and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have been proven unsuccessful. The services set forth in the case plan include those needed to assist the child age 16 or older in making the transition from foster care to independent living. (This finding is required only for a child 16 years or older.) The child remains a and items 23 and 24.) dependent ward of the court. (If this box is checked, go to items 21 and 22 if applicable,

16. 17. 18.

19. 20. 21. 22.

All prior orders not in conflict with this order will remain in full force and effect. Other (specify):

23.

Next hearing date: a. b.

Time:

Dept.:

Room:

Continued hearing under section 366.26 for receipt of report on attempts to locate an adoptive family Six-month postpermanency review Parent (name): Parent (name): Child Other (name): Mother Mother Father Father

24. The

have been advised of their appeal rights (under Cal. Rules of Court, rule 5.585).

Date:
JUDICIAL OFFICER

JV-320 [Rev. January 1, 2009]

ORDERS UNDER WELFARE AND INSTITUTIONS CODE SECTIONS 366.26, 727.3, 727.31

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