Fill and Sign the At Hearing Affecting Parental Rights Form

ORDER FOR PRISON ER 'S APPEARANCE AT HEARING AFFECTI NG PARENTAL RIGHTS 1. A hea ring reg arding the cu stody of the fol lowin g chi ldren (names): wil l be h eld Room: on (date): at (time): in Dep t.: located at other (spe cify address): 2. The he aring will be hel d under: a. ORDER FOR PRISONER’S APPEARANC E AT HEARING AFFECTIN G PARENTAL RIGHTS Penal Cod e, § 26 25 Cal. Rules of Cou rt, rules 5 .530(f), 5.531 Form Ad opted for Mandatory Us e Judicial Council of Calif ornia JV-450 [Re v. January 1, 201 2] Welfare an d In stitution s Co de sec tion 355, 358 , or 361 to adjud icate a petition to de clare the child a dep enden t of the court un der W elfare a nd Inst itutions Cod e section 300 . JV- 450 FOR CO URT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNT Y OF STREET ADD RESS: MAILING ADD RESS: CITY AND ZIP CODE: BRANCH NAM E: CASE NAME: CASE NUM BER: TE LEPHO NE NO.: FAX NO . (Option al): E-MA IL ADDRE SS (Optional): ATTO RNEY FOR (Name): ATTORNEY OR PA RTY WITHO UT A TTORNE Y (Name, State Bar number, and address): cou rt address above Page 1 of 2 Phone: can accommodate the paren t's ap pearance by videoconference in a ma nner that compl ies w ith Cal . Rules of Co urt, rul e 5.53 1. Th is co urt can accommodate the paren t's ap pearance by tele phone in a manner th at complies with Ca l. Rule s of Co urt, rule 5.53 1. can not accommo date the paren t's app earance by videoconference or tele phone in a manner th at complies with Ca l. Rule s of Co urt, rul e 5 .53 1. For a hearin g under Welfare Institut ions Co de se ction 35 5, 358 , or 36 1, the cl erk of the court must attach this form an d a copy of Prison er's Stateme nt Rega rding Appearan ce at Hearing Affecting Parental Rights (form JV-45 1) to the Notice of Hearin g and serve them as p rescribe d in section 291 on the parent; the parent's attorney (if any); the wa rden, sup erintenden t, or other person in charge of the instituti on where the paren t is con fined; an d the sheriff of the county in whi ch this order i s issued not less than 1 5 days before the date of the schedul ed hearing . For a hearin g under Welfare Instit utions Co de section 36 6.2 6 a t which termina tion of parental rights is at issue, the social worker or proba tion officer must attach this form and a cop y of Prison er's Stateme nt Rega rding Appearan ce at Hearing Affecting Parental Rights (form JV -451) to Noti ce of Hearing on Sele ction of a Permanent Pl an (form JV-300) and se rve them as prescri bed in sectio n 294 on the paren t; the parent' s atto rney (if an y); the warden , superintend ent, or other person in char ge of the instituti on where the par en t is con fined; an d the sherif f of the county in whi ch this order is issued not less than 15 d ays before the d ate of the schedul ed hearing . For any other hearing in a depe ndency proceedin g for which the court orde rs an incarcerated par ent to be produced, the clerk of the court or the socia l wo rker, a s app ropriate, mu st attach th is form and a copy of Prisoner's Sta tement Re garding Appe arance at Hearing Affecting Parental Rights (form JV-4 51) to the No tice of He aring and serve them a s legally prescri bed on the parent; th e parent's attorney (i f any); the warden, sup erintenden t, or other p erso n in ch arge of the institution where t he paren t is con fined; an d the sher iff of the county in whi ch this order is issued not less than 15 days before the date of the schedu led hearin g. CASE NAME: CASE NUMBER: ORDER FOR PRISONER'S APPEARANCE AT HEARING AFFECTING PARENTAL RIGHTS JV-450 [Rev. January 1, 2012] Page 2 of 2 JV-450 4. To the Warden, Superintendent, or other person in charge of (name of institution): You are ordered to deliver prisoner (name and identification number): , who is a party, into the custody of the sheriff of the county in which the order is issued or the sheriff's delegate so that th e prisoner may be produced before this court for the hearing described in item 1 unless the prisoner executes a knowing waiver of his or her right to be physically present on the attached Prisoner's Statement Regarding Appearance at Hearing Affecting Parental Rights (form JV-451). The sheriff is or dered to return the prisoner to (name of institution): when the prisoner's presence in court is no longer necessary. Date: JUDICIAL OFFICER You must give the prisoner a meaningful opportunity to complete the attached Prisoner's Statement Regarding Appearance at Hearing Affecting Parental Rights (form JV-451) and must provide, consistent with sections 3002, 3130–3146, and 3160–3165 of title 15 of the California Code of Regulations, whatever assistan ce is reasonably necessary, including but not limited to reading or translating, to allow the prisoner to understand the form and to make knowing and informed decisions regarding the options it presents. Whether the prisoner completes form JV-451 or not, you must complete item 8 on page 3 of form JV-451. After form JV-451 is completed, you must file one copy with the court and return one copy to the parent's attorney of record not less than three court days before the scheduled hearing. If the prisoner waives the right to be physically present at the hearing and requests to appear by videoconference or telephone and the institution c an provide the prisoner with the means to a ppear by videoconference, you are ordered to provide the prisoner with the means to appear by videoconference on the date and time specified in item 1 in a manner that complies with Cal Rules of Court, rule 5.531. b. If the prisoner waives the right to be physically present and requests to appear by videoconference or telephone and the institution cannot provide the means to appear by videoconference, but can prov ide the means to appear by telephone, you are ordered to provide the prisoner with the means to appear by telephone on the date and at the time specified in item 1 in a manner that complies with Cal. Rules of Court, rule 5.531. c.If the prisoner waives the righ t to be physically present at the hearing, you are not r equired to release the prisoner. a. If the prisoner waives the right to be physically present and requests to appear by videoconference or telephone, but the institution cannot provide the means to appear by videoconference or telephone, you must notify the prisoner that the institution cannot provide those means and give the prisoner an opportunity to reconsider, in light of this institutional incapacity, whether to waive t he right to be physically present. d. 3. To the parent: You have a right to be physically pr esent at the hearing described in 1 a nd 2a or 2b. Fill out the attached Prisoner's Statement Regarding Appearanc e at Hearing Affecting Parental Rights (form JV-451) and tell the court whether you want to be physically present at this hearing. ORDER b. Other (specify code section and hearing purpose): c. Welfare and Institutions Code section 366.26 to terminate parental rights and select and implement a permanent plan of adoption.