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Blank California Jv 445 PDF Form

The California JV 445 form is a legal document used in post-permanency hearings for children in foster care. This form outlines the court's findings and orders regarding a child's permanent plan, which may include adoption. If you need to fill out this form, please click the button below to get started.

Article Guide

The California JV 445 form plays a crucial role in the post-permanency hearing process, particularly when a child's parental rights have been terminated and the focus shifts to a permanent plan of adoption. This form is designed to document the findings and orders made by the court during these hearings, ensuring that all relevant parties are informed and that the child's best interests remain at the forefront. It includes essential details such as the child's name, case number, and the names of involved parties, including attorneys, social workers, and any advocates present. The form captures vital information about the child's current placement, whether it is deemed appropriate, and outlines the efforts made by the county agency to secure a suitable living situation. Additionally, it addresses the child's educational and health needs, ensuring that they receive adequate support. The JV 445 also emphasizes the importance of including the child in the case plan development, particularly for those aged 12 and older, and mandates that the county agency actively involve them in discussions about their future. Through this comprehensive approach, the JV 445 form serves as a key tool in safeguarding the welfare of children in the foster care system as they transition towards a stable and loving permanent home.

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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 Specifications

Fact Name	Details
Form Purpose	The JV-445 form is used to document findings and orders after a post-permanency hearing regarding a child’s adoption.
Governing Law	This form is governed by the California Welfare and Institutions Code, specifically section 366.3.
Form Approval	The JV-445 form is approved for optional use by the Judicial Council of California.
Last Revision Date	The most recent revision of the JV-445 form occurred on October 1, 2021.
Who Uses This Form?	Attorneys or parties without attorneys involved in child adoption cases utilize this form.
Contents Overview	The form includes sections for court findings, orders, and information about the child's placement and needs.
Hearing Notification	The form confirms that notice of the hearing date, time, and location was provided as required by law.
Child's Rights	It ensures that children aged 10 years or older are informed of their right to attend the hearing.
Evidence Consideration	The court considers various reports and documentation, such as social worker reports and case plans, before making orders.

California Jv 445: Usage Guidelines

Filling out the California JV-445 form involves providing detailed information about a child's case in the context of post-permanency hearings. This form is crucial for documenting findings and orders regarding the child's adoption and welfare. Below are the steps to complete the form accurately.

At the top of the form, enter your name and State Bar number if you are an attorney. If you are a party without an attorney, leave this section blank.
Fill in your firm name, street address, city, state, and ZIP code.
Provide your telephone number, fax number, and email address.
Indicate who you are representing by filling in the name of the child.
In the section for the Superior Court, fill in the street address, mailing address, city, and ZIP code of the court handling the case.
Specify the branch name of the court.
Enter the child’s name and case number at the top of the next section.
For the post-permanency hearing, fill in the date, department, judicial officer’s name, court clerk’s name, and any interpreter’s name and language, if applicable.
List the parties present at the hearing, including the child, legal guardian, Indian custodian, de facto parent, county agency social worker, tribal representative, and any others.
Document any reports considered by the court, including the social worker's report, CASA volunteer report, case plan, and any other relevant documents.
Complete the findings and orders section based on the evidence received. Indicate whether notice of the hearing was given as required by law.
Fill in details regarding the child’s potential Indian ancestry and compliance with notification requirements.
Address the child’s placement needs, including whether the current placement is appropriate and any necessary actions for locating a suitable placement.
Detail the involvement of the child in the case plan development and any requirements for the county agency to involve the child actively.
Assess the county agency's compliance with the case plan and efforts made for the child's well-being.
Indicate if the child has any unmet educational, physical, mental health, or developmental needs.
List any additional services or evaluations required for the child and who is responsible for ensuring these are provided.
Complete the section regarding the child’s education and any necessary transitions to adulthood.
Document the status of sibling relationships and any agreements regarding post-adoption contact.
Conclude with the permanent plan for the child, including any scheduled hearings and additional findings or orders.
Finally, sign and date the form at the bottom, indicating the judge or commissioner’s name.

Your Questions, Answered

What is the purpose of the California JV-445 form?

The California JV-445 form is used 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 permanent plan for the child, such as adoption. The form ensures that all necessary information regarding the child's placement, needs, and the involvement of relevant parties is recorded and considered by the court.

Who needs to fill out the JV-445 form?

The JV-445 form is usually completed by the attorney representing the child or the county agency involved in the case. It may also be filled out by a party without an attorney. The form requires details about the child, the court hearing, and the findings made during the hearing.

What information is included in the JV-445 form?

The form includes sections for the child's name, case number, details about the court hearing, and findings related to the child's placement and needs. It also documents the involvement of various parties, such as social workers, legal guardians, and advocates. Additionally, it addresses the child's educational and health needs, as well as any plans for adoption or guardianship.

How does the court determine the child's placement?

The court evaluates whether the child's current out-of-home placement is appropriate. If not, the county agency is tasked with finding a suitable placement. Factors considered include the child's best interests, the appropriateness of the current placement, and any ongoing efforts to locate a more suitable option.

What happens if the child is not present at the hearing?

If the child is 10 years of age or older and is not present, the court must ensure that the child was properly notified of the hearing. The court also assesses whether there is good cause for the child's absence. If the child was not given the opportunity to attend, the court may require the county agency to take further action to involve the child in future hearings.

What role does the Court Appointed Special Advocate (CASA) play?

A CASA is appointed to advocate for the child's best interests in court. They provide independent recommendations based on their observations and understanding of the child's needs. Their reports are often considered by the court when making decisions regarding the child's permanent plan.

What are the next steps after completing the JV-445 form?

After the JV-445 form is completed and submitted, the court will review the findings and orders outlined in the form. The court may schedule a follow-up hearing to further assess the child's situation and ensure that the necessary services and placements are being provided. Dates and details for future hearings will be specified in the form.

Common mistakes

Failing to include the name of the child on the form. This is essential for identifying the case.
Not providing the case number. The case number is crucial for court records and tracking.
Leaving out the date of the postpermanency hearing. This information is necessary for proper documentation.
Incorrectly filling out the judicial officer's name. Ensure that the correct name is provided to avoid confusion.
Omitting the court reporter's name if applicable. This is important for maintaining accurate records of the hearing.
Not specifying the court clerk's name. This detail is required for administrative purposes.
Failing to indicate whether the child was present at the hearing. This affects the legal proceedings.
Neglecting to provide the names of all parties present in the courtroom. This ensures that all relevant individuals are documented.
Not including the date of any reports submitted. This is important for referencing the most current information.

Documents used along the form

The California JV-445 form is utilized in post-permanency hearings, primarily concerning cases where parental rights have been terminated and a permanent plan of adoption is being established. Several other forms and documents are often associated with this process. Each serves a specific purpose in ensuring the child's needs and legal rights are addressed throughout the proceedings.

JV-400: Visitation Attachment - Parent, Legal Guardian, Indian Custodian, Other Important Person - This form outlines the visitation rights and conditions for parents, guardians, or other important individuals in the child's life, ensuring that relationships can be maintained post-termination of parental rights.
JV-401: Visitation Attachment - Sibling - This document specifies the visitation arrangements for siblings of the child, facilitating ongoing contact and support among siblings who may be placed in different homes.
JV-402: Visitation Attachment - Grandparent - This form details the visitation rights for grandparents, recognizing the importance of these relationships in the child's life.
JV-403: Sibling Attachment: Contact and Placement - This form addresses the placement and contact arrangements for siblings under the court's jurisdiction, ensuring that sibling bonds are preserved where possible.
JV-414: Adoption Request - This document is used to formally request the adoption of a child, providing necessary information about the prospective adoptive parents and the child’s background.
JV-500: Adoption Assessment Report - This report is prepared by the county agency or a licensed adoption agency, assessing the suitability of the adoption plan and the prospective adoptive family.
JV-460: Notice of Hearing - This form provides notification of upcoming hearings related to the adoption process, ensuring that all parties involved are informed and able to participate.

Each of these documents plays a crucial role in the legal proceedings surrounding adoption and child welfare, ensuring that the best interests of the child are prioritized and that all relevant parties are included in the process.

Similar forms

JV-460: Findings and Orders After Hearing - This form is used to document the court's findings and orders after a hearing related to a child's welfare. Like the JV-445, it addresses the child's placement and future plans, ensuring the child's best interests are prioritized.
JV-420: Case Plan - The JV-420 outlines the strategies and services planned to meet a child's needs. Similar to the JV-445, it focuses on the child's welfare and the steps needed for a successful permanent placement.
JV-403: Sibling Attachment: Contact and Placement - This form addresses the importance of sibling relationships in foster care. It parallels the JV-445 in ensuring that the child's connections are considered in placement decisions.
JV-400: Visitation Attachment - This document outlines visitation rights for parents or guardians. Like the JV-445, it emphasizes maintaining important relationships for the child during legal proceedings.
JV-410: Adoption Assessment Report - This report evaluates the suitability of prospective adoptive parents. The JV-445 similarly assesses the child's current placement and future adoption plans, focusing on the child's best interests.
JV-450: Notice of Hearing - This form notifies parties of upcoming hearings. Like the JV-445, it ensures that all relevant parties are informed and can participate in decisions affecting the child.
JV-420A: Child's Case Plan Review - This document reviews and updates the child's case plan. It shares similarities with the JV-445 in that both forms aim to ensure the child's needs are met and that appropriate services are provided.

Dos and Don'ts

When completing the California JV-445 form, it is essential to adhere to certain guidelines to ensure accuracy and compliance. Below is a list of things to do and avoid.

Do fill out all required fields completely and accurately.
Do double-check the spelling of names and dates to avoid errors.
Do ensure that all signatures are obtained where necessary.
Do keep a copy of the completed form for your records.

Don't leave any sections blank unless instructed to do so.
Don't use abbreviations that may cause confusion.
Don't submit the form without reviewing it for accuracy.
Don't forget to file the form by the specified deadline.

Misconceptions

The California JV-445 form is often misunderstood. Here are nine common misconceptions about it, along with clarifications to help you understand its purpose and function.

Misconception 1: The JV-445 form is only for legal professionals.

This form can be used by both attorneys and parties without attorneys. It is designed to facilitate communication between the court and all parties involved in a child’s case.

Misconception 2: The form is only necessary after parental rights have been terminated.

The JV-445 form is utilized during postpermanency hearings, which occur even if parental rights have not yet been terminated. It addresses the child’s current status and future plans.

Misconception 3: Completing the form guarantees a specific outcome for the child.

The form is a tool for the court to gather information. While it informs decisions, the final outcome depends on various factors, including the child’s best interests and the evidence presented.

Misconception 4: The JV-445 form does not require the child’s input.

In many cases, the child’s involvement is essential. For children aged 12 and older, the form includes provisions for them to review and sign the case plan.

Misconception 5: The form is only relevant for children in foster care.

The JV-445 form applies to all children under the court's jurisdiction, including those in various types of placements, not just foster care.

Misconception 6: There is no need for a hearing after submitting the JV-445 form.

A hearing is typically scheduled to review the findings and orders outlined in the form. This ensures that all parties have an opportunity to discuss the child’s situation.

Misconception 7: The form only addresses immediate needs of the child.

The JV-445 form also considers long-term plans for the child, including adoption and other permanent placements, ensuring a comprehensive approach to the child's welfare.

Misconception 8: The court does not consider the child’s educational needs.

The form specifically addresses the child’s educational needs, ensuring that they are met as part of the overall case plan.

Misconception 9: The JV-445 form is a one-time requirement.

This form may need to be completed multiple times throughout a child’s case, especially during different hearings as circumstances change.

Key takeaways

The California JV-445 form is used to document findings and orders after a post-permanency hearing, particularly when parental rights have been terminated and the permanent plan is adoption.
Before filling out the form, gather all relevant information, such as the child's name, case number, and details about the hearing, including the date and the names of those present.
Ensure that all required parties, such as the child’s legal guardian and social worker, are listed in the appropriate sections. Their presence and input are crucial for the court's findings.
Be aware that the court must consider various reports, including those from social workers and Court Appointed Special Advocates (CASA), before making any decisions.
After completing the form, submit it to the court along with any required attachments, and remember to keep a copy for your records.