EduSpace
Homepage ⇨ Blank California Jv 800 PDF Form
Article Guide

The California JV-800 form serves a crucial role in the juvenile court system, facilitating the process of appealing decisions made by the court. This form must be completed by the appellant, who may be the child, a parent, guardian, or other interested party. Essential information includes the appellant's name, contact details, and the case number, along with the child's name. The form requires the appellant to specify the findings and orders being appealed, including the date of the order or a description of it. Additionally, it is necessary to indicate whether the appellant was represented by an attorney during the initial proceedings. The JV-800 also provides space for the appellant to request the appointment of an attorney for the appeal, if needed. Importantly, the form outlines specific timelines for filing the notice of appeal, emphasizing that it must be submitted within 60 days of the judgment or order. For cases involving transfer to a tribal court, the appellant is advised to seek a stay of the transfer order and file the appeal before the transfer becomes final. This form is essential for ensuring that individuals involved in juvenile cases can effectively exercise their right to appeal and navigate the complexities of the legal system.

Document Preview

c. Phone number:

JV-800

ATTORNEY OR PARTY WITHOUT ATTORNEY:

STATE BAR NO.:

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:

CASE NUMBER:

NOTICE OF APPEAL—JUVENILE

— NOTICE —

•You or your attorney must fill in items 1 and 2 and sign this form at the bottom of the page. If possible, to help process your appeal, fill in items 4–6 on the reverse of this form.

•Rule 8.406 says that to appeal from an order or judgment, you must file a written notice of appeal within 60 days after rendition of the judgment or the making of the order being appealed or, in matters heard by a referee, within 60 days after the order of the referee becomes final.

•You are advised that if you wish to file an appeal of the order for transfer to a tribal court, you (1) may ask the juvenile court to stay (delay the effective date of) the transfer order and (2) must file the appeal before the transfer to tribal jurisdiction is finalized. Read rule 5.483 and the advisory committee comment.

1.I appeal from the findings and orders of the court (specify date of order or describe order):

2.This appeal is filed by a. Appellant (name):

b. Address:

d. Name, address, and phone number of person to be contacted (if different from appellant):

3.

I request that the court appoint an attorney on appeal. I the superior court.

was

was not represented by an appointed attorney in

Date:

TYPE OR PRINT NAME

SIGNATURE OF

APPELLANT

ATTORNEY

4. Items 5 through 7 on the reverse are

completed

not completed.

Page 1 of 2

Form Approved for Optional Use Judicial Council of California JV-800 [Rev. Jan 1, 2016]

NOTICE OF APPEAL—JUVENILE

Cal. Rules of Court, rule 8.400, 8.401, 8.405, 8.406 www.courts.ca.gov

CASE NUMBER:

JV-800

CHILD'S NAME:

5. Appellant is the

 

 

 

a.

 

child

f.

 

county welfare department

 

 

b.

 

mother

g.

 

district attorney

 

 

c.

 

father

h.

 

child's tribe

 

 

d.

 

guardian

i.

 

other (state relationship to child or interest in the case):

 

 

e.

 

de facto parent

 

 

 

 

 

 

 

6. This notice of appeal pertains to the following child or children (specify number of children included):

a. Name of child:

 

c. Name of child:

 

Child's date of birth:

 

Child's date of birth:

b. Name of child:

 

d. Name of child:

 

Child's date of birth:

 

 

 

Child's date of birth:

 

 

 

 

 

 

 

 

 

Continued in Attachment 5.

 

 

 

 

 

 

 

 

 

7. The order appealed from was made under Welfare and Institutions Code (check all that apply):

a.

 

 

 

Section 305.5 (transfer to tribal court)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Granting transfer to tribal court

 

 

 

 

 

 

 

 

 

 

 

 

 

b.

 

 

Section 360 (declaration of dependency)

 

Removal of custody from parent or guardian

 

 

 

 

 

 

 

 

with review of section 300 jurisdictional findings

 

 

 

 

 

 

 

 

 

Dates of hearing (specify):

 

 

 

 

Other orders

c.

d.

e.

f.

Section 366.26 (selection and implementation of permanent plan in which a petition for extraordinary writ review that substantively addressed the specific issues to be challenged was timely filed and summarily denied or otherwise not decided on the merits)

Termination of parental rights Appointment of guardian Planned permanent living arrangement Dates of hearing (specify):

Section 366.28 (order designating a specific placement after termination of parental rights in which a petition for extraordinary writ review that substantively addressed the specific issues to be challenged was timely filed and summarily denied or otherwise not decided on the merits)

Dates of hearing (specify):

Other appealable orders relating to dependency (specify):

Dates of hearing (specify):

Section 725 (declaration of wardship and other orders) with review of section 601 jurisdictional findings

with review of section 602 jurisdictional findings

Dates of hearing (specify):

g. Other appealable orders relating to wardship (specify): Dates of hearing (specify):

h.

Other (specify):

JV-800 [Rev. Jan 1, 2016]

NOTICE OF APPEAL—JUVENILE

 

Page 2 of 2

For your protection and privacy, please press the Clear

This Form button after you have printed the form.

➤ PDF File

Form Specifications

Fact Name Details
Purpose The JV-800 form is used to file a notice of appeal in juvenile court cases in California.
Governing Laws This form is governed by California Rules of Court, specifically rules 8.400, 8.401, 8.405, and 8.406.
Filing Deadline To appeal, the notice must be filed within 60 days of the judgment or order being appealed.
Transfer to Tribal Court If appealing a transfer to tribal court, the appeal must be filed before the transfer is finalized.
Required Information Appellants must complete specific items on the form, including their name and contact details.
Representation Appellants can request the court to appoint an attorney for the appeal.
Child's Information The form requires details about the child or children involved in the appeal.
Appealable Orders Orders under various sections of the Welfare and Institutions Code can be appealed, including dependency and guardianship decisions.
Form Approval The JV-800 form is approved for optional use by the Judicial Council of California.
Privacy Notice For privacy, users are advised to clear the form after printing it.

California Jv 800: Usage Guidelines

Completing the California JV-800 form is a necessary step in the appeal process for juvenile cases. Ensure all information is accurate to avoid delays. Once filled out, this form must be submitted to the appropriate court within the specified time frame.

  1. Begin by entering your contact information in the designated fields. Include your name, firm name (if applicable), street address, city, state, ZIP code, phone number, fax number, and email address.
  2. Identify whether you are the appellant by filling in your name and address in section 2a and 2b.
  3. If someone else should be contacted regarding the appeal, provide their name, address, and phone number in section 2d.
  4. State whether you request the court to appoint an attorney on appeal in section 3. Indicate if you were represented by an appointed attorney in the superior court.
  5. In section 4, indicate whether items 5 through 7 on the reverse side are completed or not completed.
  6. In section 5, specify the appellant's relationship to the child. Choose from the options provided, such as mother, father, guardian, etc.
  7. List the names and birth dates of the child or children involved in the appeal in section 6. Include all relevant children.
  8. In section 7, check all applicable Welfare and Institutions Code sections that pertain to the order you are appealing. Provide dates of hearings as required.
  9. Finally, sign and date the form at the bottom. Ensure your name is typed or printed clearly above your signature.

Your Questions, Answered

What is the California JV-800 form?

The California JV-800 form is a Notice of Appeal specifically designed for juvenile cases. It allows individuals, such as parents or guardians, to formally appeal decisions made by a juvenile court. This form is essential for initiating the appeal process and must be filled out accurately to ensure that the appeal is processed correctly.

Who can file the JV-800 form?

The JV-800 form can be filed by various parties involved in a juvenile case. This includes the child, parents, guardians, de facto parents, or even representatives from the county welfare department or a child's tribe. Each party must have a legitimate interest in the case to file an appeal.

What information is required on the JV-800 form?

When filling out the JV-800 form, you need to provide specific details. This includes the names and addresses of the appellant and the child involved, the case number, and the date of the order being appealed. Additionally, you may need to indicate whether you were represented by an attorney during the original court proceedings.

What is the deadline for filing the JV-800 form?

You must file the JV-800 form within 60 days of the court's order or judgment. This timeline is crucial. If you miss this deadline, you may lose your right to appeal. For cases heard by a referee, the 60-day period starts after the referee's order becomes final.

Can I request an attorney when filing the JV-800 form?

Yes, the JV-800 form includes an option to request the court to appoint an attorney for your appeal. If you did not have legal representation in the initial proceedings, this request is particularly important. Having legal counsel can significantly impact the appeal process and its outcome.

What happens if I want to appeal a transfer to a tribal court?

If you wish to appeal an order transferring a case to a tribal court, you must act quickly. You can request the juvenile court to delay the transfer order. However, your appeal must be filed before the transfer to tribal jurisdiction is finalized. This is a critical step to ensure your appeal is heard.

What types of orders can be appealed using the JV-800 form?

The JV-800 form can be used to appeal various orders related to juvenile dependency and wardship. This includes orders for the removal of custody, termination of parental rights, and appointments of guardians, among others. Be sure to specify the type of order you are appealing on the form.

Is there a specific format for submitting the JV-800 form?

Yes, the JV-800 form must be filled out completely and accurately. It should be printed and signed where required. After completing the form, it is advisable to keep a copy for your records. Additionally, ensure that you clear any personal information from the form after printing to protect your privacy.

Where do I submit the JV-800 form?

The completed JV-800 form should be submitted to the Superior Court of California in the county where your case was heard. Make sure to check the specific court's filing requirements, as they may have additional instructions or preferences for submitting documents.

Common mistakes

  1. Incomplete Contact Information: One common mistake is not providing complete contact details. Ensure that the phone number, email address, and mailing address are all filled out accurately. Missing this information can lead to delays in communication regarding the appeal.

  2. Failure to Specify the Date of the Order: It's crucial to specify the date of the order or describe the order being appealed in item 1. Omitting this information can create confusion and may result in the appeal being rejected.

  3. Not Indicating Representation: In item 3, you must clearly state whether you were represented by an attorney during the proceedings. If this section is left blank or incorrectly filled out, it could complicate the appeal process.

  4. Neglecting to Complete Items on the Reverse Side: Items 5 through 7 on the reverse side of the form are important. Failing to complete these sections can lead to a lack of necessary context for your appeal, which may hinder its progress.

  5. Incorrectly Identifying the Appellant: When filling out item 5, make sure to accurately identify the appellant's relationship to the child. Misidentifying this can affect the legitimacy of the appeal and its handling by the court.

Documents used along the form

The California JV-800 form is an important document used to file a notice of appeal in juvenile court cases. It is often accompanied by other forms and documents that support the appeal process. Below is a list of some commonly used forms and documents that may be necessary or helpful when filing an appeal.

  • JV-810: Notice of Appeal—Juvenile Dependency - This form is used to formally notify the court of an appeal in a juvenile dependency case, detailing the specific findings and orders being contested.
  • JV-815: Request for Appointment of Counsel - This document requests the court to appoint an attorney for the appellant if they cannot afford one. It provides a basis for legal representation during the appeal process.
  • JV-820: Application for Stay - This form is used to request a stay of the court’s order while the appeal is pending. It helps prevent the enforcement of the order until the appeal is resolved.
  • JV-825: Declaration of Appellant - This declaration provides additional information from the appellant regarding their circumstances and reasons for the appeal, which may support their case.
  • JV-830: Appellant's Opening Brief - This document outlines the arguments and legal basis for the appeal. It is a critical part of the appeal process, as it presents the appellant's case to the appellate court.
  • JV-835: Respondent's Brief - This is the response from the opposing party, addressing the arguments made in the appellant's opening brief. It is essential for the court to understand both sides of the case.
  • JV-840: Reply Brief - The appellant may file this brief to respond to points raised in the respondent's brief. It allows the appellant to clarify and reinforce their arguments.
  • JV-845: Record on Appeal - This document compiles all relevant court records, transcripts, and exhibits from the original case. It is vital for the appellate court's review of the case.
  • JV-850: Motion for Extension of Time - If more time is needed to file any documents, this motion requests an extension. It ensures that the appellant can adequately prepare their case.
  • JV-855: Certificate of Service - This form certifies that all necessary documents have been properly served to the involved parties. It is crucial for maintaining transparency in the appeal process.

These forms and documents play a significant role in the appeal process. Understanding their purpose can help ensure that all necessary steps are taken to effectively navigate the juvenile court system. If you have questions about any of these forms, seeking assistance from a legal professional may be beneficial.

Similar forms

  • JV-810: Notice of Appeal—Dependency - This form is used to appeal decisions made in dependency cases, similar to the JV-800, which focuses on juvenile matters. Both require the appellant to fill in their information and the details of the order being appealed.
  • JV-820: Notice of Appeal—Wardship - Like the JV-800, this form is for appealing decisions in wardship cases. It also requires specific details about the case and the appellant, ensuring a formal process for challenging court orders.
  • JV-825: Request for Appointment of Counsel - This document allows individuals to request legal representation in juvenile cases. It shares similarities with the JV-800 in that both forms address the need for legal support during appeals.
  • JV-830: Petition for Writ of Mandate - This form is used to request a higher court to review a lower court's decision. Like the JV-800, it involves the formal submission of information related to the case and the specific order being challenged.
  • JV-840: Notice of Appeal—Post-Disposition - This document is similar to the JV-800 as it deals with appeals following the court's final decisions in juvenile cases. Both require clear identification of the order being appealed and the appellant’s details.
  • JV-850: Application for Stay of Order - This form is utilized to request a temporary halt on a court order while an appeal is pending. It parallels the JV-800 in its procedural nature and the necessity of providing case-specific information.

Dos and Don'ts

When filling out the California JV-800 form, it is essential to follow specific guidelines to ensure accuracy and compliance. Below is a list of things you should and shouldn't do.

  • Do fill in items 1 and 2 and sign the form at the bottom.
  • Do include your contact information accurately, including phone number and address.
  • Do ensure you file the notice of appeal within 60 days of the order or judgment.
  • Do request the appointment of an attorney on appeal if needed.
  • Don't leave items 4-6 incomplete; fill them out to help process your appeal.
  • Don't forget to check all relevant sections of the Welfare and Institutions Code that apply to your case.

Misconceptions

  • Misconception 1: The JV-800 form is only for parents.

    • This form can be used by various parties involved in juvenile cases, including guardians, de facto parents, and even the child themselves.

  • Misconception 2: You cannot appeal a juvenile court decision.

    • In fact, the JV-800 form is specifically designed to file an appeal from orders or judgments made by juvenile courts.

  • Misconception 3: The appeal must be filed immediately after the court order.

    • The law allows for a 60-day window after the judgment or order is rendered, providing time to prepare the appeal properly.

  • Misconception 4: You must have an attorney to fill out the JV-800 form.

    • While having legal representation is beneficial, individuals can complete the form themselves if they choose to do so.

  • Misconception 5: The JV-800 form is only for specific types of cases.

    • This form can be used for a variety of juvenile court matters, including dependency and wardship cases.

  • Misconception 6: Completing the form is complicated and time-consuming.

    • The JV-800 form is straightforward, requiring only essential information to initiate the appeal process.

  • Misconception 7: You cannot request an attorney for the appeal using the JV-800 form.

    • The form includes a section where you can request the court to appoint an attorney to assist with your appeal.

  • Misconception 8: The JV-800 form is only applicable in California.

    • While it is specific to California juvenile courts, similar forms exist in other states for their respective juvenile court systems.

  • Misconception 9: You do not need to specify the child’s name on the form.

    • Providing the child's name is essential for the court to process the appeal correctly.

  • Misconception 10: The JV-800 form is the only document needed for an appeal.

    • While it is a critical component, additional documents may be required depending on the specifics of the case.

Key takeaways

Filling out and using the California JV-800 form is a crucial step in the appeal process for juvenile cases. Here are some key takeaways to keep in mind:

  • Complete Required Sections: Ensure that items 1 and 2 are filled out and signed. This is essential for the form to be valid.
  • Timeliness is Key: You must file your notice of appeal within 60 days of the judgment or order you wish to appeal. Missing this deadline can jeopardize your appeal.
  • Transfer to Tribal Court: If your case involves a transfer to a tribal court, you can request a stay on the transfer order and must file your appeal before the transfer is finalized.
  • Contact Information: Provide accurate contact information for yourself and any other relevant parties. This will facilitate communication throughout the appeal process.
  • Legal Representation: If you want the court to appoint an attorney for your appeal, indicate this on the form. This can be important if you feel you need legal assistance.
  • Specify the Child Involved: Clearly identify the child or children affected by the appeal. This includes providing their names and dates of birth.
  • Understand the Relevant Codes: Familiarize yourself with the Welfare and Institutions Code sections that pertain to your case. This knowledge will help you understand the basis of your appeal.

By following these key points, you can navigate the appeal process more effectively and ensure that your rights and interests are adequately represented.