California JV-430 Form

Findings and Orders After Postpermanency Hearing — Parental Rights Terminated; Permanent Plan of Adoption

Judicial Council of California Form JV-445 (Rev. January 1, 2018)

Welfare and Institutions Code, §§ 366.3(f), 16501.1; Cal. Rules of Court, rule 5.740

Superior Court of California, County of

Branch Name:

Street Address:

Mailing Address:

City and Zip Code:

Child's Name:

Case Number:

1. Postpermanency hearing

a. Date:

b. Department:

c. Judicial officer (name):

d. Court clerk (name):

e. Court reporter (name):

f. Bailiff (name):

g. Interpreter (name and language):

h. Party / Present / Attorney / Present / Appointed today

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:

Report of social worker (dated):

Report of CASA volunteer (dated):

Case plan (dated):

Other (specify):

Other (specify):

3. Notice / Indian child findings

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.

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.

4. Child 16 years of age or older and ongoing efforts

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:

5. CASA appointment

A Court Appointed Special Advocate is appointed for the child.

6. Out-of-home placement / continued hearing

The child's out-of-home placement is necessary.

The matter is continued to the date and time indicated in item 31 for a report by the county agency on the progress made in locating an appropriate placement.

(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):

7. Current placement appropriate

The child's current placement is appropriate.

8. Current placement not appropriate

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 31 for a 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 is in the best interest of the child.

(3) Other (specify):

9. Out-of-state placement

The child is placed outside the state of California and that out-of-state placement continues to be the most appropriate placement for the child and is in the best interest of the child.

10. Case plan development

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

(1) 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.

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

11. Child 12 years of age or older

The child was given the opportunity to review the case plan, sign it, and receive a copy.

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

12. Efforts by county agency

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.

13. Child 16 years of age or older and agency efforts

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:

14. Child not yet placed with prospective adoptive parent or guardian

The county agency has has not exercised due diligence to locate an appropriate relative with whom the child could be placed. Each relative whose name has been submitted to the department has has not been evaluated.

b. The child has identified the following as an individual important to him or her:

(1)

(2)

The county agency made efforts to identify individuals who are important to the child, consistent with the child's best interest.

The county agency made efforts to maintain the child's relationships with the individuals who are important to the child, consistent with the child's best interest.

The county agency made efforts to identify a prospective adoptive parent or a legal guardian for the child.

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:

To identify a prospective adoptive parent or a legal guardian for the child, the county agency must provide the service:

15. Services provided to the child

adequate.

not adequate.

16. Health and education needs

a. The child's educational needs are are not being met.

b. The child's physical needs are are not being met.

c. The child's mental health needs are are not being met.

d. The child's developmental needs are are not being met.

17. Psychotropic medication order

The child does does not have an order authorizing psychotropic medication. The next hearing to review the psychotropic medication order is on

18. Additional services / assessments / evaluations

The additional services, assessments, and/or evaluations the child requires to meet the unmet needs specified in item 16 or other concerns are:

a. stated in the social worker's report.

b. specified here:

19. Persons ordered to take steps

a. Social worker.

b. Surrogate parent (name):

c. Educational representative (name):

d. Other (name):

20. Education placement changed

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.

21. 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 successful adulthood.

b. 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.

c. To assist the child in making the transition to successful adulthood, the county agency must add to the case plan and provide the services:

(1) stated on the record.

(2) as follows:

22. Siblings

The child does not have siblings under the court's jurisdiction.

23. Siblings under jurisdiction

The child has siblings under the court's jurisdiction. Sibling Attachment: Contact and Placement (form JV-403) is attached and incorporated by reference.

24. Postadoption sibling contact agreement

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.

25. Permanent plan of adoption

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

26. Permanent plan of tribal customary adoption

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

27. Hearing under Welf. & Inst. Code, § 366.26

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 is

28. Contact with the child

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).

29. Prior orders

All prior orders not in conflict with this order remain in full force and effect.

30. Other findings and orders

a. See attached.

b. (Specify):

31. Next hearing

The next hearing is scheduled as follows:

a. Postpermanency hearing (Welf. & Inst. Code, § 366.3)

b. Selection and implementation hearing (Welf. & Inst. Code, § 366.26)

c. Other (specify):

32. Number of pages attached: