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1. Eighteen-month permanency hearing a. Form Approved for Optional Use Judicial Council of California JV-440 [Rev. January 1, 2018] FINDINGS AND ORDERS AFTER 18-MONTH PERMANENCY HEARING (Welf. & Inst. Code, § 366.22) 42 United States Code § 675; Welfare and Institutions Code, §§ 366.22, 16501.1; Cal. Rules of Court, rules 5.708 and 5.720 www.courts.ca.govPage 1 of 5 SUPERIOR COURT OF CALIFORNIA, COUNTY OF BRANCH NAME: CITY AND ZIP CODE: STREET ADDRESS: MAILING ADDRESS: CHILD'S NAME: FOR COURT USE ONLY CASE NUMBER: FINDINGS AND ORDERS AFTER 18-MONTH PERMANENCY HEARING (Welf. & Inst. Code, § 366.22) ATTORNEY OR PARTY WITHOUT ATTORNEY STATE: ZIP CODE: CITY: STREET ADDRESS: FIRM NAME: NAME: TELEPHONE NO.: FAX NO.: E-MAIL ADDRESS: ATTORNEY FOR ( name): STATE BAR NUMBER: JV-440 Date: b. Department: c. Judicial officer (name): d. Court clerk (name): e. Court reporter (name): f. Bailiff (name): h. Party (name): Present Attorney (name): Present Appointed today (1) Child: (2) Mother: (3) Father—presumed: (4) Father—biological: (5) Father—alleged: (6) Legal guardian: (7) Indian custodian: (8) De facto parent: (9) County agency social worker: (10) Tribal representative: (11) Other (specify): i. Others present in courtroom: (1) (3) (2) Court Appointed Special Advocate (CASA) volunteer (name): Other (name): Other (name): 2. The court has read and considered and admits into evidence: a. b. c. d. 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. b. g. Interpreter (name and language): dated: Report of social worker dated: Report of CASA volunteer dated: Case plan (specify): Other e. (specify): Other a.Page 2 of 5 JV-440 [Rev. January 1, 2018]FINDINGS AND ORDERS AFTER 18-MONTH PERMANENCY HEARING (Welf. & Inst. Code, § 366.22) A Court Appointed Special Advocate is appointed for the child. JV-440 CASE NUMBER: CHILD'S NAME: 4. b. 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. 5. 6. Parentage The court inquired of the child's parents present at the hearing and other appropriate persons present as to the identity and addresses of all presumed or alleged parents of the child. All alleged parents present during the hearing who had not previously submitted a Statement Regarding Parentage (Juvenile) (form JV-505) were provided with and ordered to complete form JV-505 and submit it to the court. a. b. The clerk of the court is ordered to provide the notice required by Welf. & Inst. Code, § 316.2 to (1) (2) alleged parent (name): alleged parent (name): (3) alleged parent (name): Advisements and waivers 7. The court has informed and advised the mother presumed father biological father alleged father legal guardian Indian custodian child of the following: the right to assert the privilege against self-incrimination; the right to confront and cross-examine the persons who prepared the reports or documents submitted to the court by the petitioner and the witnesses called to testify at the hearing; the right to subpoena witnesses; the right to present evidence on one's own behalf; and the right of the child and each parent, legal guardian, and Indian custodian to be present and to be represented by counsel at every stage of the proceedings. The court may appoint counsel subject to the court's right to seek reimbursement, if an individual is entitled to appointed counsel and the individual is financially unable to retain counsel. 8. The mother presumed father biological father alleged father legal guardian Indian custodian child has knowingly and intelligently waived the right to a court trial on the issues, the right to assert the privilege against self- incrimination, the right to confront and cross-examine adverse witnesses, the right to subpoena witnesses, and the right to present evidence on his or her own behalf. The child 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. is may be a. 9. The following were actively involved in the case plan development, including the child's plan for permanent placement. child mother father representative of child's identified Indian tribe b. The following were not actively involved in the case plan development, including the child's plan for permanent placement. The county agency is ordered to actively involve them and submit an updated case plan within 30 days of the date of this hearing. child mother father representative of child's identified Indian tribe c. The following were not actively involved in the case plan development, including the child's plan for permanent placement. The county agency is not required to involve them because these persons are unable, unavailable, or unwilling to participate. child mother father representative of child's identified Indian tribe (specify): other (specify): other (specify): other (specify): other (specify): other Case plan development JV-440 CASE NUMBER: CHILD'S NAME: Efforts 10. The county agency a. has b.has not complied with the case plan by making reasonable efforts to return the child to a safe home through the provision of reasonable services designed to aid in overcoming the problems that led to the initial removal and continued custody of the child and by making reasonable efforts to complete whatever steps are necessary to finalize the permanent placement of the child. 12. The child a. by clear and convincing evidence active efforts were made to provide remedial services and rehabilitative programs designed to prevent the breakup of this Indian family, and these efforts were unsuccessful. b. active efforts were not made to provide remedial services and rehabilitative programs designed to prevent the breakup of this Indian family. 13. The following persons have made the indicated level of progress toward alleviating or mitigating the causes necessitating placement: a. b. Mother Presumed father c. d. Biological father Legal guardian e. f. Indian custodian None Minimal Substantial Adequate Excellent Siblings 14. The child does not have siblings under the court's jurisdiction. 15. The child has siblings under the court's jurisdiction. Sibling Attachment: Contact and Placement (form JV-403) is attached and incorporated by reference. Page 3 of 5 JV-440 [Rev. January 1, 2018] FINDINGS AND ORDERS AFTER 18-MONTH PERMANENCY HEARING (Welf. & Inst. Code, § 366.22) 16. A limitation on the right of the parents to make educational decisions for the child is not necessary. The parents hold educational rights and responsibilities in regard to the child's education, including those described in rule 5.650(e) and (f) of the California Rules of Court. A copy of rule 5.650(e) and (f) may be obtained from the court clerk. a. A limitation on the right of the parents to make educational decisions for the child is necessary, and those rights are limited as stated in Order Designating Educational Rights Holder (form JV-535) filed in this matter. The educational rights and responsibilities of the educational representative are described in rule 5.650(e) and (f) of the California Rules of Court. A copy of rule 5.650(e) and (f) may be obtained from the court clerk. b. 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 are are are are are not are not are not are not being met. being met. being met. being met. is may be (specify): Other Health and education 11. The child is 16 years of age or older and the agency made the following ongoing and intensive efforts to return the child to a safe home or finalize the permanent plan: has has not The child have an order authorizing psychotropic medication. The next hearing to review the psychotropic medication order is on (date): . does does not 18. an Indian child, and JV-440 CASE NUMBER: CHILD'S NAME:Page 4 of 5 JV-440 [Rev. January 1, 2018]FINDINGS AND ORDERS AFTER 18-MONTH PERMANENCY HEARING (Welf. & Inst. Code, § 366.22) 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. c. d.e. 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 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) (2) stated on the record. as follows: 23. Placement and services are ordered as stated in (check appropriate boxes and attach indicated forms): a. Eighteen-Month Permanency Attachment: Child Reunified (Welf. & Inst. Code, § 366.22) (form JV-441), which is attached and incorporated by reference. b. Eighteen-Month Permanency Attachment: Reunification Services Terminated (Welf. & Inst. Code, § 366.22) (form JV-442), which is attached and incorporated by reference. c. Eighteen-Month Permanency Attachment: Reunification Services Continued (Welf. & Inst. Code, § 366.22) (form JV-443), which is attached and incorporated by reference. 24. Contact with the child is ordered as stated in (check appropriate box and attach indicated form): a. b. c.Visitation Attachment: Parent, Legal Guardian, Indian Custodian, Other Important Person (form JV-400). Visitation Attachment: Sibling (form JV-401). Visitation Attachment: Grandparent (form JV-402). (name): Parent (name): Surrogate parent (name): Educational representative (name): Other 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: 25. All prior orders not in conflict with this order remain in full force and effect. Page 5 of 5 JV-440 [Rev. January 1, 2018]FINDINGS AND ORDERS AFTER 18-MONTH PERMANENCY HEARING (Welf. & Inst. Code, § 366.22) JV-440 CASE NUMBER: CHILD'S NAME: 27. The next hearing is scheduled as follows: Hearing date: Time: Dept: Room: a. b. c. In-home status review hearing (Welf. & Inst. Code, § 364) Twenty-four-month permanency hearing (Welf. & Inst. Code, § 366.25) Selection and implementation hearing (Welf. & Inst. Code, § 366.26) e. 28. The petition is dismissed. Jurisdiction of the court is terminated. All appointed counsel are relieved of the duty to provide further representation. 29. Number of pages attached: Date: JUDGE JUDGE PRO TEMPORE REFEREE COMMISSIONER (specify): Other d. Postpermanency hearing (Welf. & Inst. Code, § 366.3) 26. Other findings and orders: a. b. See attached. (Specify): (Also schedule a Welf. & Inst. Code, § 366.3 status review hearing within six months.) Hearing date: Time: Dept: Room: For Your Information You may have a right to appellate review of some or all of the orders made during this hearing. Contact your attorney to discuss your appellate rights. Decisions made at the next hearing may also be subject to appellate review. If you do not attend the next hearing you may not be advised of your appellate rights. Contact your attorney if you miss the next hearing and want to discuss your appellate rights. Print this form Save this form Clear this form For your protection and privacy, please press the Clear This Form button after you have printed the form.