Fill and Sign the Form Jv 438 Twelve Month Permanency Attachment

42 United States Code § 675; Welfare and Institutions Code, § 366.21(f), 16501.1; Cal. Rules of Court, rules 5.708 and 5.715 www.courts.ca.gov Form Approved for Optional Use Judicial Council of California JV-438 [Rev. January 1, 2018] TWELVE-MONTH PERMANENCY ATTACHMENT: REUNIFICATION SERVICES TERMINATED (Welf. & Inst. Code, § 366.21(f)) Page 1 of 3 3. TWELVE-MONTH PERMANENCY ATTACHMENT: REUNIFICATION SERVICES TERMINATED (Welf. & Inst. Code, § 366.21(f)) The child's out-of-home placement is necessary. 4. 8. a. b. 1. By a preponderance of the evidence, the return of the child to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The factual basis for this conclusion is stated on the record. 5. a. b. 6. (1) (3) a. b. (2) Placement The child's current placement is 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 form JV-435, item 26 for a written oral report by the county agency on the progress made in locating an appropriate placement. Other (specify): 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. does not continue to be the most appropriate placement for the child and is not in the best interest of the child. The matter is continued to the date and time indicated in form JV-435, item 26 for a written oral report by the county agency on the progress made toward returning the child to California and locating an appropriate placement within California. locating an out-of-state placement that is the most appropriate placement for the child and in the best interest of the child. Other (specify): The county agency has made efforts to identify individuals who are important to the child and to maintain the child's relationships with those individuals, consistent with the child's best interest. mother presumed father biological father legal guardian Reunification services are terminated. 2. Important individuals Child in out-of home placement for six months or longer The county agency has not made efforts to identify individuals who are important to the child and to maintain the child's relationships with those individuals, consistent with the child's best interest. c. 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 (1) as stated on the record. (2)as follows: Health 9. The is to make decisions regarding the child's needs for medical, surgical, dental, or other remedial care, and the right to make these decisions is suspended under Welf. & Inst. Code, § 369 and vested with the county agency. unable unwilling unavailable (specify): other JV-438 CASE NUMBER: CHILD'S NAME: The county agency 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 been evaluated. 7. has has not has has not 10.By clear and convincing evidence, there is a compelling reason for determining that a hearing under Welf. & Inst. Code, § 366.26 is not in the best interest of the child because the child is not a proper subject for adoption at this time and a potential legal guardian has not been identified. a. The child's permanent plan is placement with (name): a fit and willing relative. The likely date by which the child's permanent plan will be achieved is (specify date): b. The child remains in foster care with a permanent plan of (specify): (1) (2)Return home. Adoption. (3) (4)Tribal customary adoption. Legal guardianship. (5) The likely date by which the child's permanent plan will be achieved is (specify date): c. For children 16 years of age or older placed in another planned permanent living arrangement: 11.a. The court asked the child where he or she wants to live and the child provided the following information (describe): Selection of permanent plan Page 2 of 3 JV-438 [Rev. January 1, 2018] TWELVE-MONTH PERMANENCY ATTACHMENT: REUNIFICATION SERVICES TERMINATED (Welf. & Inst. Code, § 366.21(f)) JV-438 CASE NUMBER: CHILD'S NAME: The court finds that the barriers to achieving the child's permanent plans are (describe): b. The court has considered the evidence before it and finds that another planned permanent living arrangement is the best permanent plan because (describe): c. The compelling reasons why the other permanent plan options are not in the child's best interest are (describe): The child is 16 years of age or older, there is a compelling reason that no other preferred permanent plan is in the child's best interest, and the child is ordered placed in another planned permanent living arrangement with ongoing and intensive efforts to: return home place for adoption establish legal guardianship place with a relative (specify): other Page 3 of 3 JV-438 [Rev. January 1, 2018] TWELVE-MONTH PERMANENCY ATTACHMENT: REUNIFICATION SERVICES TERMINATED (Welf. & Inst. Code, § 366.21(f)) f. The court advised each parent present in court of the date, time, and place of the hearing set under Welf. & Inst. Code, § 366.26; their right to counsel; the nature of the proceedings; and the requirement that at the proceedings the court must select and implement a plan of adoption, guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, or in the case of an Indian child, in consultation with the child's tribe, tribal customary adoption for the child. The court ordered each parent present in court to appear for the hearing set under Welf. & Inst. Code, § 366.26 and directed that each parent be notified hereafter by first-class mail to his or her usual place of residence or business only. The likely date by which the child may be placed for adoption, tribal customary adoption, legal guardianship, or with a fit and willing relative (specify date): g. (name): (2) (1) e. The court orders that no notice of the hearing set under Welf. & Inst. Code, § 366.26 be provided to the person named below, who is a mother, a presumed father, or an alleged father and who has relinquished the child for adoption where the relinquishment has been accepted and filed with notice under Fam. Code, § 8700, or an alleged father who has denied paternity and has executed section 2 of Statement Regarding Parentage (Juvenile) (form JV-505). (name): JV-438 CASE NUMBER: CHILD'S NAME: 12. a. The matter is ordered set for hearing under Welf. & Inst. Code, § 366.26 to select the most appropriate permanent plan for the child. b. By clear and convincing evidence, reasonable services have been provided or offered to the child's parents, legal guardian, or Indian custodian. c. 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, § 366.21(i). d. The court advised all parties present in court that to preserve any right to review on appeal of this order, a party must seek an extraordinary writ by filing notice of intent to file a writ petition and a request for the record, which may be submitted on Notice of Intent to File Writ Petition and Request for Record (form JV-820), and a petition for extraordinary writ, which may be submitted on Petition for Extraordinary Writ (form JV-825). A copy of each form is available in the courtroom. The court advised all parties present in court that, as to them, a notice of intent to file a writ petition and request for record must be filed with the juvenile court clerk within seven days of the date of this hearing. The clerk of the court must provide written notice as stated in rule 5.590(b)(2) of the California Rules of Court to any party not present. 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