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Fill and Sign the Findings Orders Hearing Form

Fill and Sign the Findings Orders Hearing Form

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JV-412 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY ––––– ––––– ––––– TELEPHONE NO.: ––––– FAX NO. (Optional): ––––– E-MAIL ADDRESS (Optional): ––––– 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 JURISDICTIONAL HEARING CASE NUMBER: (Welf. & Inst. Code, § 356) ––––– 1. This matter came before the court on the original petition subsequent petition supplemental petition other (specify): ––––– filed on (date): ––––– 2. Jurisdictional hearing a. Date: ––––– e. Court reporter (name): ––––– b. Department: ––––– f. Bailiff (name): ––––– c. Judicial officer (name): ––––– g. Interpreter (name and language): ––––– d. Court clerk (name): ––––– Appointed h. Party (name): ––––– Present Attorney (name): Present 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) Other (specify): ––––– ––––– i. Others present in courtroom: (1) Court Appointed Special Advocate (CASA) volunteer (name): ––––– (2) Other (name): ––––– (3) Other (name): ––––– 3. The court has read and considered and admits into evidence: a. Report of social worker dated: ––––– b. Report of CASA volunteer dated: ––––– c. Other (specify): ––––– d. Other (specify): ––––– BASED ON THE FOREGOING AND ON ALL OTHER EVIDENCE RECEIVED, THE COURT FINDS AND ORDERS: 4. a. Notice of the date, time, and location of the hearing was given as required by law. b. For child 10 years of age or older who is not present: The child received proper notice of his or her right to attend the hearing. Page 1 of 4 Form Approved for Optional Use Cal. Rules of Court, rules 5.682, 5.684; Judicial Council of California Welfare and Institutions Code, JV-412 [Rev. January 1, 2007] §§ 353, 355, 356electronic form ã 2005-7 WWW.LawCA.co m Law Publishers FINDINGS AND ORDERS AFTER JURISDICTIONAL HEARING (Welf. & Inst. Code, § 356) JV-412 CHILD'S NAME: CASE NUMBER: ––––– ––––– 5. 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. 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. 6. The attorney appointed to represent the child as the child's attorney of record is also appointed as the child's Child Abuse Prevention and Treatment Act guardian ad litem. 7. A Court Appointed Special Advocate is appointed for the child. 8. a. The child will not benefit from representation by an attorney, and the court further finds that: (1) the child understands the nature of the proceedings; (2) the child is able to communicate and advocate effectively with the court, other counsel, other parties, including social workers, and other professionals involved in the case; and (3) under the circumstances of the case, the child would not gain any benefit from being represented by counsel. b. The court orders a Court Appointed Special Advocate appointed for the child, and that person is also appointed as the child's Child Abuse Prevention and Treatment Act guardian ad litem. 9. The child's county of residence is: ––––– 10. Paternity a. The court inquired of the mother others (names and relationships): ––––– ––––– as to the identities and addresses of all presumed or alleged fathers. All alleged fathers present during the hearing who had not previously submitted a Statement Regarding Paternity (Juvenile Dependency) (form JV-505) were provided with and ordered to complete form JV-505 and submit it to the court. b. The clerk of the court is ordered to provide the notice required by Welf. & Inst. Code, § 316.2 to (1) alleged father (name): ––––– (2) alleged father (name): ––––– (3) alleged father (name): ––––– 11. The child's date of birth is (specify): ––––– Advisements and waivers 12. a. The petition was read to those present at the beginning of this jurisdictional hearing. b. Reading of the petition was waived by all those present at the beginning of this jurisdictional hearing. 13. The court has informed and advised the mother biological father legal guardian presumed father alleged father Indian custodian other (specify): ––––– of the following: a. 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 and, if any of these parties is financially unable to retain counsel, any right to appointed counsel that exists, subject to the court's right to seek reimbursement. b. The right to be informed by the court of the following: • the contents of the petition; • the nature of and possible consequences of juvenile court proceedings; • the reasons for the initial detention and the purpose and scope of the detention hearing if the child is detained; • the right to have a child who is detained immediately returned to the home of the parent, legal guardian, or Indian custodian if the petition is not sustained; • that if the petition is sustained and the child is removed from the care of the parent, legal guardian, or Indian custodian, the time for services will commence on the date the petition is sustained or 60 days from the date of the initial removal, whichever is earlier; JV-412 [New January 1, 2006] FINDINGS AND ORDERS AFTER JURISDICTIONAL HEARING Page 2 of 4 (Welf. & Inst. Code, § 356) JV-412 CHILD'S NAME: CASE NUMBER: ––––– ––––– 13. • that the time for services will not exceed 12 months for a child aged three years or over at the time of the initial removal; and • that the time for services will not exceed not exceed six months for a child under the age of three years or for the member of a sibling group that includes a child under the age of three years if the parent, legal guardian, or Indian custodian fails to participate regularly and make substantive progress in any court-ordered treatment program. c. The right to a hearing by the court on the issues presented by the petition. d. The right to assert the privilege against self-incrimination; to confront and cross-examine the persons who prepared reports or documents submitted to the court by the petitioner and the witnesses called to testify against the parent, legal guardian, or Indian custodian; to subpoena witnesses; and to present evidence on one's own behalf. 14. On the motion of the petitioner, the following allegations are stricken: ––––– ––––– ––––– ––––– ––––– 15. The mother biological father legal guardian child presumed father alleged father Indian custodian other (specify): ––––– 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. 16. The mother biological father legal guardian presumed father alleged father Indian custodian other (specify): ––––– understands the nature of the conduct alleged in the petition and the possible consequences of his or her admission, plea of no contest, or submission. 17. Party Admits Submits Pleads no contest To petition as amended on (specify date): a. Mother ––––– b. Presumed father ––––– c. Biological father ––––– d. Alleged father ––––– e. Legal guardian ––––– f. Indian custodian ––––– g. Other (specify) : ––––– ––––– 18. There is a factual basis for the admission. 19. By a preponderance of the evidence, the allegations set forth below are true : ––––– ––––– ––––– ––––– ––––– ––––– a. as stated in the petition as originally filed. b. as stated in the petition as amended on (date): (1) by agreement of the parties. (2) by the court to conform to proof. JV-412 [New January 1, 2006] FINDINGS AND ORDERS AFTER JURISDICTIONAL HEARING Page 3 of 4 (Welf. & Inst. Code, § 356) JV-412 CHILD'S NAME: CASE NUMBER: ––––– ––––– 20. The allegations (specify): ––––– ––––– as stated in the petition as amended on (date) : ––––– are not proven and are ordered stricken. 21. The allegations of the petition are not sustained. 22. The petition is sustained under, and the child is a person described by, Welf. & Inst. Code, § 300 (specify all that apply): 300(a) 300(c) 300(e) 300(g) 300(i) 300(b) 300(d) 300(f) 300(h) 300(j) 23. The previous disposition has not been effective in the protection of the child. 24. The county agency is ordered to immediately return the child to the mother biological father legal guardian presumed father alleged father Indian custodian other (specify): ––––– 25. The child and the mother biological father legal guardian presumed father alleged father Indian custodian other (specify): ––––– are placed under the supervision of the county agency for a minimum of six months pursuant to their voluntary agreement to informal supervision and the provision of services designed to keep the family together as set forth in the family's case plan. 26. Contact with the child is ordered as set forth in (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) 27. All prior orders not in conflict with this order remain in full force and effect. 28. Other findings and orders: a. See attached. b. (Specify): ––––– ––––– 29. The next hearing is scheduled as follows: Hearing date: ––––– Time: ––––– Dept: ––––– Room: ––––– a. Dispositional hearing b. Settlement conference c. Mediation d. Other (specify) : ––––– 30. The petition is dismissed. Jurisdiction of the court is terminated. All appointed counsel are relieved of the duty to provide further representation. 31. Number of pages attached: ––––– ––––– Date: ––––– JUDICIAL OFFICER JV-412 [New January 1, 2006] FINDINGS AND ORDERS AFTER JURISDICTIONAL HEARING Page 4 of 4 (Welf. & Inst. Code, § 356)

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