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The California JV-100 form serves as a critical document in the juvenile dependency process, specifically designed for counties that file separate dependency petitions for each child or utilize the Additional Children Attachment (form JV-101(A)). This form is essential for initiating a juvenile dependency case under the Welfare and Institutions Code, particularly section 300, which outlines the circumstances under which the juvenile court may assert jurisdiction over a child. The JV-100 requires the petitioner to provide detailed information about the child, including their name, age, date of birth, and the names and addresses of parents or guardians. It also necessitates the disclosure of any related cases and the nature of the allegations against the parents or guardians. Importantly, the form includes a section for the petitioner to affirm their inquiries regarding the child's Indian ancestry, which is a requirement under the Indian Child Welfare Act. The form concludes with a declaration, wherein the petitioner asserts the truthfulness of the information provided, under penalty of perjury. Additionally, it contains critical notices for parents, alerting them to the potential termination of parental rights and their financial responsibilities concerning the child's care and legal representation.

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For counties filing a separate dependency petition for each child or for counties using Additional Children Attachment (form JV-101(A))

JV-100

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):

FOR COURT USE ONLY

 

 

 

TELEPHONE NO.:

FAX NO. (Optional):

E-MAIL ADDRESS (Optional):

 

ATTORNEY FOR (Name):

 

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

CHILD'S NAME:

CASE NUMBER:

JUVENILE DEPENDENCY PETITION (VERSION ONE)

(Welf. & Inst. Code, § 300 et seq.)

RELATED CASES (if any):

§ 300—Original

 

§ 342—Subsequent

 

§ 387—Supplemental

1.Petitioner on information and belief alleges the following:

a. The child named below comes within the jurisdiction of the juvenile court under the following subdivisions of section 300 of the

Welfare and Institutions Code (check applicable boxes; see attachment 1a for concise statements of facts):

 

(a)

(b)

(c)

(d)

(e)

(f)

(g)

(h)

(i)

(j)

b. Child's name:

c. Age:

d. Date of birth:

e. Sex:

f. Name:

 

 

 

 

 

 

 

mother

g.

Name:

 

 

 

 

 

 

 

 

mother

 

Address:

 

 

 

 

 

 

 

father

 

Address:

 

 

 

 

 

 

 

 

father

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

guardian

 

 

 

 

 

 

 

 

 

 

 

 

 

guardian

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

unknown

 

 

 

 

 

 

 

 

 

 

 

 

 

unknown

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If mother or father (check all that apply):

 

 

 

 

 

 

If mother or father (check all that apply):

 

 

 

 

legal

 

 

biological

 

 

presumed

 

 

 

alleged

 

 

legal

 

 

biological

 

 

presumed

 

 

alleged

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

h. Name:

 

 

 

 

 

 

 

mother

i.

Other (state name, address, and relationship to child):

 

 

 

 

 

 

 

Address:

 

 

 

 

 

 

 

father

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

guardian

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

unknown

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

If mother or father (check all that apply):

 

 

 

 

 

 

 

No known parent or guardian resides within this state. This adult

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

legal

 

biological

 

presumed

 

 

 

alleged

 

 

relative lives in this county or is closest to this court.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

j. Prior to intervention, child resided with

 

 

 

 

k.

Child is

 

 

 

 

 

 

 

 

 

 

 

 

parent (name):

 

 

 

 

 

 

 

not detained

 

 

 

detained

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

parent (name):

 

 

 

 

 

 

 

Date and time of detention:

 

 

 

 

guardian (name):

 

 

 

 

 

 

 

Current place of detention (address):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Indian custodian (name):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

other (state name, address, and relationship to child):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Relative

Shelter/foster care

Other

2.I have asked about Indian ancestry for this child and have completed and attached the required Indian Child Inquiry Attachment, form ICWA-010(A). (If this is a subsequent filing and there is no new information, the ICWA-010(A) is not required.)

 

(See important notice on page 2.)

 

Page 1 of 2

Form Adopted for Alternative Mandatory Use

JUVENILE DEPENDENCY PETITION (VERSION ONE)

Welfare and Institutions Code, § 300 et seq.;

 

 

 

 

Instead of Form JV-110

Cal. Rules of Court, rule 5.504

Judicial Council of California

 

 

www.courtinfo.ca.gov

JV-100 [Rev. July 1, 2008]

 

 

 

 

 

 

 

American LegalNet, Inc.

 

 

 

www.FormsWORKFLOW.com

 

 

 

 

 

JV-100

CHILD'S NAME:

CASE NUMBER:

3. Petitioner requests that the court find these allegations to be true.

I declare under penalty of perjury under the laws of the State of California that the foregoing and all attachments are true and correct. Date:

’

(TYPE OR PRINT NAME)

(SIGNATURE OF PETITIONER)

Address and telephone number (if different person signing than listed in caption above):

Number of pages attached:

Other children are listed on Additional Children Attachment (form JV-101(A))

— NOTICE —

TO PARENT

Your parental rights may be permanently terminated. To protect your rights, you must appear in court and answer this petition.

TO PARENTS OR OTHERS LEGALLY RESPONSIBLE

FOR THE SUPPORT OF THE CHILD

You and the estate of your child may be jointly and severally liable for the cost of the care, support, and maintenance of your child in any placement or detention facility, the cost of legal services for you or your child by a public defender or other attorney, and the cost of supervision of your child by order of the juvenile court.

JV-100 [Rev. July 1, 2008]

JUVENILE DEPENDENCY PETITION (VERSION ONE)

Page 2 of 2

➤ PDF File

Form Specifications

Fact Name Fact Description
Form Purpose The JV-100 form is used to initiate a juvenile dependency petition in California.
Governing Law This form is governed by the Welfare and Institutions Code, specifically sections 300 et seq.
Filing Requirements Counties may file a separate dependency petition for each child or utilize the Additional Children Attachment (form JV-101(A)).
Information Required The form requires details such as the child's name, age, date of birth, and information about parents or guardians.
Indian Ancestry Inquiry Petitioners must inquire about the child's Indian ancestry and attach the Indian Child Inquiry Attachment (form ICWA-010(A)).
Petitioner's Declaration The petitioner must declare under penalty of perjury that the information provided is true and correct.
Parental Rights Notice The form includes a notice to parents about the potential termination of parental rights and the importance of court appearance.
Liability for Costs Parents or guardians may be jointly and severally liable for costs related to the child's care and legal representation.

California Jv 100: Usage Guidelines

Completing the California JV-100 form is an essential step in initiating a juvenile dependency petition. This form requires detailed information about the child and the circumstances surrounding the case. After filling out the form, it will be submitted to the court for consideration.

  1. Begin by entering your information as the attorney or party without an attorney. Include your name, State Bar number, and address in the designated fields.
  2. Fill in your telephone number, fax number (if applicable), and email address (optional) in the appropriate sections.
  3. Indicate the name of the attorney representing the case, if applicable.
  4. Provide the name of the Superior Court of California, the county, and the court's street and mailing addresses. Include the city and ZIP code as well.
  5. Enter the child’s name, case number, and indicate that this is a juvenile dependency petition under the relevant welfare and institutions code.
  6. If there are related cases, specify them by checking the appropriate boxes for original, subsequent, or supplemental cases.
  7. In the allegations section, check the applicable boxes that describe the child’s situation under section 300 of the Welfare and Institutions Code.
  8. Provide the child's name, age, date of birth, and sex in the specified fields.
  9. List the names and addresses of the mother, father, and any guardians. Indicate their legal status by checking the relevant boxes.
  10. Note if there are any other adults related to the child and provide their names, addresses, and relationships.
  11. Indicate whether the child is detained or not, and provide the details of the current place of detention, if applicable.
  12. Confirm that you have inquired about the child's Indian ancestry and state whether you have attached the required Indian Child Inquiry Attachment (form ICWA-010(A)).
  13. Request that the court finds the allegations to be true by checking the appropriate box.
  14. Sign and date the form, printing your name clearly below your signature.
  15. If someone other than the listed petitioner is signing, provide their address and telephone number if different from yours.
  16. Count the number of pages attached and note it in the designated area.
  17. If there are additional children involved, indicate that on the Additional Children Attachment (form JV-101(A)).

Your Questions, Answered

What is the purpose of the California JV-100 form?

The California JV-100 form is a Juvenile Dependency Petition. It is used to initiate a legal process concerning a child who may need protection due to issues like abuse or neglect. By filing this form, a petitioner asks the court to evaluate the child's situation and determine whether the child should remain in their current living situation or be placed in a safer environment. This form is crucial for ensuring that the child's welfare is prioritized and that appropriate legal actions can be taken.

Who can file the JV-100 form?

The JV-100 form can be filed by various parties, including parents, guardians, or other individuals who have a legal interest in the child's well-being. It is important that the person filing the form has relevant information about the child's circumstances and can provide necessary details to support the petition. In some cases, attorneys may also file the form on behalf of their clients.

What information is required when completing the JV-100 form?

When filling out the JV-100 form, several key pieces of information are required. This includes the child's name, age, and date of birth, as well as details about the parents or guardians. The petitioner must also provide information regarding any prior living arrangements for the child and whether the child is currently detained. It is essential to be thorough and accurate, as this information will help the court make informed decisions about the child's future.

What happens after the JV-100 form is filed?

Once the JV-100 form is filed, the court will review the petition and schedule a hearing. At this hearing, the petitioner must appear to present their case. The court will consider the allegations made in the petition and any evidence provided. It is crucial for all parties involved, especially parents or guardians, to attend this hearing, as failure to do so may impact their rights regarding the child. The court's primary focus will always be the best interests of the child.

Common mistakes

  1. Incomplete Information: Failing to provide all necessary details, such as the child's full name, date of birth, and addresses of parents or guardians, can lead to delays or rejections of the petition.

  2. Incorrect Jurisdiction Claims: Misunderstanding which subdivisions of section 300 apply to the case may result in filing under the wrong jurisdiction, complicating the legal process.

  3. Missing Signatures: Not signing the form or having the wrong person sign it can invalidate the petition, making it essential to ensure the correct individual completes this step.

  4. Neglecting the Indian Child Inquiry: Failing to attach the required Indian Child Inquiry Attachment, form ICWA-010(A), when applicable, can lead to significant legal repercussions.

  5. Omitting Related Cases: Forgetting to mention any related cases can create confusion and hinder the court's understanding of the situation.

  6. Inaccurate Contact Information: Providing outdated or incorrect contact information for the petitioner can impede communication between the court and the involved parties.

  7. Failure to Indicate Detention Status: Not clearly stating whether the child is detained or not can lead to misunderstandings about the urgency and nature of the case.

  8. Ignoring Additional Children Attachment: If there are other children involved, neglecting to complete and attach form JV-101(A) can result in incomplete information being presented to the court.

  9. Misunderstanding Legal Terms: Confusing terms like "legal" and "biological" when describing relationships can lead to inaccuracies that may affect the case.

  10. Not Reviewing the Form: Submitting the form without a thorough review can result in overlooked errors, which could have been easily corrected before filing.

Documents used along the form

The California JV-100 form is a crucial document used in juvenile dependency cases. It initiates the legal process when there are concerns about a child's welfare. Alongside this form, several other documents may be required to provide additional information or support the petition. Below is a list of some commonly used forms that often accompany the JV-100.

  • JV-101(A) - Additional Children Attachment: This form is used when there are multiple children involved in a dependency case. It allows the petitioner to provide information about each child, ensuring that the court has a complete understanding of the situation.
  • ICWA-010(A) - Indian Child Inquiry Attachment: This document is essential when there is a possibility that the child may have Indian ancestry. It helps ensure compliance with the Indian Child Welfare Act, which aims to protect the rights of Native American children and families.
  • JV-100(A) - Juvenile Dependency Petition (Version Two): This alternative version of the JV-100 form may be used in specific circumstances. It serves a similar purpose but may have different requirements or sections based on the case specifics.
  • JV-105 - Notice of Hearing: This form notifies all parties involved about the scheduled court hearing. It is crucial for ensuring that parents and guardians are aware of the proceedings and can prepare to participate.
  • JV-110 - Request to Continue Hearing: If additional time is needed to prepare for a hearing, this form allows a party to formally request a postponement. It ensures that all parties have the opportunity to adequately present their case.

These forms collectively help facilitate the juvenile dependency process, ensuring that all relevant information is presented to the court. Understanding these documents can empower families and individuals involved in such cases, allowing them to navigate the legal system with greater clarity and support.

Similar forms

The California JV-100 form is a key document in juvenile dependency cases. It shares similarities with several other forms used in similar legal contexts. Here’s a list of seven documents that are comparable to the JV-100 form:

  • JV-110: Juvenile Dependency Petition (Version Two) - This form is also used to initiate juvenile dependency proceedings but may have a different structure or requirements depending on the specific circumstances of the case.
  • JV-101(A): Additional Children Attachment - This document is used when there are multiple children involved in a single dependency case, allowing the petitioner to provide information about each child in a streamlined manner.
  • ICWA-010(A): Indian Child Inquiry Attachment - This form is necessary for cases involving children who may be part of an Indian tribe, ensuring compliance with the Indian Child Welfare Act.
  • JV-220: Notice of Hearing - This form informs parties involved about the date and time of hearings related to the juvenile dependency case, ensuring everyone is properly notified.
  • JV-300: Petition for Termination of Parental Rights - This document is used when a party seeks to terminate parental rights, often following a dependency case where the child’s safety is a concern.
  • JV-505: Request for Visitation - This form allows individuals to request visitation rights with a child who is in the custody of the state or another party, often used in conjunction with dependency cases.
  • JV-600: Application for Appointment of Guardian - This document is used when someone seeks to become a guardian for a child, which may arise from a dependency case where parental rights are in question.

Each of these forms serves a specific purpose in the juvenile court system, much like the JV-100, helping to ensure that the legal processes surrounding child welfare are clear and organized.

Dos and Don'ts

When filling out the California JV-100 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Here are eight important do's and don'ts to keep in mind:

  • Do provide accurate and complete information about the child, including their name, age, and date of birth.
  • Do check all applicable boxes related to the child's situation under section 300 of the Welfare and Institutions Code.
  • Do attach the required Indian Child Inquiry Attachment, form ICWA-010(A), if applicable.
  • Do sign and date the form to affirm that the information provided is true and correct.
  • Don't leave any sections blank unless specifically instructed; incomplete forms may delay processing.
  • Don't use legal jargon or complicated language; clarity is crucial for understanding.
  • Don't forget to include contact information, such as your phone number and email address, if applicable.
  • Don't submit the form without reviewing it for errors or omissions; mistakes can lead to complications in the case.

By adhering to these guidelines, you can help ensure that your petition is processed smoothly and effectively. Attention to detail is vital in legal matters, especially in cases involving juvenile dependency.

Misconceptions

Understanding the California JV-100 form is crucial for anyone involved in a juvenile dependency case. However, several misconceptions can lead to confusion. Here are nine common misunderstandings:

  • The JV-100 form is only for parents. Many believe that only parents need to fill out this form. In reality, anyone with legal responsibility for the child, including guardians, can be involved.
  • Filing the JV-100 guarantees that the child will be returned home. This form initiates a process, but it does not guarantee any specific outcome regarding custody.
  • All counties in California use the same version of the JV-100. Different counties may have variations or additional requirements, so it’s essential to check local rules.
  • The JV-100 is only about allegations of abuse or neglect. While it often addresses these issues, it can also involve other factors that affect a child’s well-being.
  • You can submit the JV-100 without legal representation. Although it is possible to file without an attorney, having legal guidance can help navigate the complexities of the juvenile court system.
  • Once filed, the JV-100 cannot be changed. If new information arises or corrections are needed, it may be possible to amend the filing, but this usually requires additional steps.
  • There is no deadline for filing the JV-100. Timeliness is important. Delays can affect the case, so it’s best to file as soon as possible.
  • The JV-100 form is only for new cases. This form can also be used in subsequent filings, especially if there are new developments in an existing case.
  • Parents will automatically lose their rights if the JV-100 is filed. Filing the form does not mean parental rights will be terminated. The court must first determine the facts and make a ruling.

Being informed about these misconceptions can help individuals better prepare for the process and understand their rights and responsibilities in juvenile dependency cases.

Key takeaways

Filling out the California JV-100 form requires attention to detail and understanding of the process. Here are key takeaways to keep in mind:

  • The JV-100 form is used for juvenile dependency petitions in California.
  • It is essential to provide accurate information about the child, including their name, age, and date of birth.
  • Check the appropriate boxes that apply to the child's situation under section 300 of the Welfare and Institutions Code.
  • Include details about the parents or guardians, including their names and addresses.
  • If applicable, indicate whether the parents are legal, biological, presumed, or alleged.
  • Specify the child's current living situation, including if they are detained or in foster care.
  • Complete and attach the Indian Child Inquiry Attachment (form ICWA-010(A)) if required.
  • Petitioners must request the court to find the allegations true and sign the form under penalty of perjury.
  • Be aware that parental rights may be permanently terminated if the petition proceeds.
  • Parents or guardians may be held financially responsible for the costs associated with the child's care and legal services.

Review the form carefully before submission to ensure all necessary information is included. This will help facilitate the court's understanding of the case.