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Fill and Sign the On the Placement of Children Findings and Orders Form

Fill and Sign the On the Placement of Children Findings and Orders Form

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Signed statement of interest from the potential placement or statement from the social worker regarding the appropriateness of the potential placement, as required by Regulation No. 7, section 7(a) (statement date): Family Code, § 7900 et seq.; Cal. Rules of Court, rule 5.616; ICPC Regulation No. 7 Form Adopted for Mandatory Use Judicial Council of California JV-567 [Rev. January 1, 2013] a. Page 1 of 4JV-567 EXPEDITED PLACEMENT UNDER THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN: FINDINGS AND ORDERS FOR COURT USE ONLY SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: CASE NAME: CASE NUMBER: TELEPHONE NO.: FAX NO. (Optional): E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): EXPEDITED PLACEMENT UNDER THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN: FINDINGS AND ORDERS 1. a. Hearing Date: Time: Dept.: Room: b. Judicial Officer: c. Court Telephone No.: d. Court Fax No.: e. Court E-mail: This matter came before the court for the issuance of an or der for an expedited placement decision under Regulation No. 7 of the Interstate Compact on the Pl acement of Children (ICPC) on 2. Child's name: Child's date of birth: 3. The court has read and considered and admits into evidence b. Statement from the child welfare agency that it is unaware of any fact that would prohibit the child from being placed with the potential placement and that it has completed, and is prepared to send, all required paperwork to the county ICPC Liaison, as required by Regulation No. 7, section 7(b) (statement date): Report of social worker, dated: c. Report of CASA volunteer, dated: d. Case plan, dated: e. Other: f. BASED ON THE EVIDENCE LISTED ABOVE AND ALL OTHER EVIDENCE BEFORE THE COURT, THE COURT FINDS AND ORDERS 4. These findings are made by a preponderance of the evidence. 5. The child for whom out-of-state placement is sought is the child named in item 2. The child is a dependent child within the jurisdiction of this court, based on a pet ition filed by the child welfare agency. T he child does not currently live in the hom e of the parent or guardian from whom the child was removed. 6. The court has the authority to determine cu stody and placement of the child or has delegated that authority to the child welfar e agency. 7. Sections 5, 6, and 7 of Regulation No . 7 of the ICPC apply to the child. CASE NAME:CASE NUMBER: Page 2 of 4 JV-567 JV-567 [Rev. January 1, 2013] The child is 4 years of age or younger. b. 8. The proposed placement for the child in the re ceiving state is the home of the child's Stepparent a. Adult brother or sister b. Guardian c. Grandparent d. Adult uncle or aunt e. Other (specify): f. 9. Based on the facts stated in the record, the court finds that the child meets the following expedited placement criteria (check one or more): Located at (address): Unexpected dependency due to one of the following: a. (1) Sudden or recent incarceration of a parent or guardian; (2) Incapacitation of a parent or guardian, defined as a parent or guardian who is unable to care for the child because of the parent's or gu ardian's unexpected medical, ment al, or physical condition; or (3) Death of a parent or guardian. The child is part of a group of siblings who will be placed toget her, where one or more of the child's siblings is 4 years of age or younger (names and dates of birth of siblings 4 years of age or younger): c. The child has a substantial relationship with the person name d as the proposed placement in item 8., above. (Substantial relationship means the person has spent more than cursory time with the child, is known to the child, and has established more than a minimal bond with the child.) d. One or more of the child's siblings in the sibling group soug ht to be placed has a substantial relationship with the person named as the proposed placem ent in item 8., above (name of sibling or siblings): e. The child is currently in an emergency placement. f. 10. The child welfare agency has provided the c ourt with one of the following documents, as required by Regulation No. 7, section 7(a): A signed statement of interest from the person named as the proposed placement in item 8., confirming that he or she meets each of the Regulation No. 7, section 7(a), requirements; or a. A signed statement from the assigned Calif ornia social worker stating that the social worker spoke to the person named as the proposed placement in it em 8. and that the person confirmed that he or she meets each of the Regulation No. 7, section 7(a), requirements. b. 11. The child welfare agency has completed and is prepared to send a ll required paperwork to the county ICPC Liaison, including the statement regarding the proposed placem ent and forms ICPC-100A and ICPC-101. Child Welfare Agency Orders 12. The child welfare agency is ordered to be the sending agency in this matter and directed to complete, execute, and file all necessary forms and carry out all obligations and responsibilities as the sending agency under the ICPC. 13. The child welfare agency is ordered to send to the county ICPC Liaison in the sending jurisdiction, within three business days of receipt of this order, completed forms ICPC-100A and ICPC-101, a copy of this order, and, if not already sent, all documentatio n required for compliance with Regulation No. 7 and any supporting doc umentation under ICPC article 3. The county ICPC Liaison is ordered to forward all documents to the receiving state's compact administrator within two business days. 14. The child welfare agency is ordered to request a comprehensive hom e study of the potential placement resource in the receiving state and an expedited placement decision. EXPEDITED PLACEMENT UNDER THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN: FINDINGS AND ORDERS Proposed placement (name): CASE NAME:CASE NUMBER: Page 3 of 4 JV-567 JV-567 [Rev. January 1, 2013] 17. The child welfare agency a. is ordered, based on the facts stated in the record b. is not ordered to request approval for a provisional placement of the child in the receiving state while the home study and expedited placemen t decision are pending, under Regulation No. 7, section 6. Provisional Placement Request Designated Individuals for Se nding and Receiving Information 20. The court designates the following court employee, or his or her designee, to send to the child welfare agency—via e-mail, fax, or overnight mail—copies of this and other orders needed to comply with ICPC Regulation No. 7 within two business days of their entry: a. Name: Title: b. Mailing Address: c. E-mail: d. Telephone No.: e. Fax No.: 21. The California child welfare agency employee designated to receive communications regarding the progress of the ICPC process in this matter is the following person or his or her designee: 15. The child welfare agency is ordered to take whatever additional steps are necessary, including follow-up contacts, to ensure that the process is completed in a ti mely manner so as to protect the best interests of the child. 16. The child welfare agency is ordered to inform this court prompt ly and regularly of the progress and results of this order. This includes informing this court as soon as possible on learning that the home study has not been completed and sent to California by the receiving state within 20 business days af ter receipt of the completed documentation, as required by Regulation No. 7, section 9(h). 22. When the expedited placement de cision process has been completed by the receiv ing state, and the California child welfare agency has received the written notificatio n of approval from the receiving state, the California child welfare agency must proceed to place the child with the pr oposed placement in the receiving state; or a. is ordered to request that the matter be placed on calendar for further heari ng, before sending the child to the proposed placement; or b. other (specify): c. 23. Hearing for progress report further disposition other (specify): is set for (date): at (time): a.m. p.m. in department: EXPEDITED PLACEMENT UNDER THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN: FINDINGS AND ORDERS a. Name: Local ICPC Liaison Other titl e (specify): b. Mailing Address: c. E-mail: d. Telephone No.: e. Fax No.: Further Proceedings 18. If the receiving state approves a request for provisional placement, the child welfare agency is or dered to request that the matter be placed on the court calendar as soon as possible, but no later than 10 court days after receipt of the approval from the receiving state, in order fo r the court to determine if the provisional placement is in the best interests of the child. If the receiving state denies a request for provisional placemen t, the child must remain in California until the expedited placement decision process is completed. 19. CASE NAME:CASE NUMBER: Page 4 of 4 JV-567 JV-567 [Rev. January 1, 2013] The court makes these additional findings and orders under the ICPC and Regulation No. 7: This court has jurisdiction over the child under articles 2, 3, and 5(a) of the ICPC to invoke the ICPC for the purpose of requesting one or more home study assessments and expedited plac ement decisions on potential resource families living in one or more receiving states. a. Under ICPC article 3(d), this court may place, or author ize the child welfare agency to place, the child in an approved placement in a receiving state, in cluding a provisional placement as authorized by Regulation No. 7 of the ICPC, only after receipt of written notification from the receiving state that the proposed placement does not appear to be contrary to the interests of the child. b. If the child is placed in an approved plac ement in the receiving state, this court wil l retain jurisdiction over the child (under ICPC article 5(a)) sufficient to determine all matters related to the custody, supervi sion, care, and disposition of the child that it would have had if the child had remained in California . This court will not terminate jurisdiction over the child or terminate the supervisory responsibility of the child welf are agency having custody of the child during the period of placement in the receiving state until the child is adopted, reaches the age of ma jority, becomes self-supporting, or is discharged with concurrence of the appropr iate authority in the receiving state. c. If the child is sent, or allowed to go, to a provisional placement in a receiving state, this court finds that any such placement must be in compliance with ICPC Regulation No. 7, of which this court takes judicial notice, including its purpose in defining and regulating a provisional placement under the ICPC. h. Within two business days after receipt of a complete Regulati on No. 7 request, the county ICPC Liaison must transmit the request for the home study assessment an d for any provisional placement to the receiving state Compact Administrator. The request must include a copy of this order. If the county IC PC Liaison finds that the ICPC documentation is incomplete or insufficient, it must request the necessar y information from the local sending agency. f. If a provisional placement is requested by California, the receiving state must make a determination to approve or deny the request within seven calendar days of receipt of the request packet. The provisional approval or denial must be communicated in writing by the receiv ing state's Compact Administrator to the California sending agency through expedited means. g The person designated in item 21 to receive communication mu st maintain contact with the California sending agency to assist this court in determining the status of the ICPC process and must submit a status report in writing to the court, the parties, and their counsel no later than seven days before any scheduled court hear ing and also provide updates closer to the hearing date should new developments merit attention. The California sending agency must cooperate with and work with the above-designated person and provide information and assistance regarding the progress of the ICPC process for the child. i. The transmission of any documentat ion, request for information, or decision must be sent by overnight mail, by fax, or as an e-mail attachment, if approved by the receiving stat e, or by such other equally expedient method as may become available. j. This court expressly finds that its jurisdiction over the child includes the power to effect the return of the child to California or transfer of the child to another location or custodian within fi ve business days of receipt of written notification from the receiving state's Compact Administrator that placement will not be approved or that previous placement approval has been withdrawn by the receiving state. In these circumstances, this court order provides sufficient authority and direction for the sending agency to immediately re turn the child to California. e. Date: JUDICIAL OFFICER Under article 5(a) of the ICPC, the sending agency will continue to assume financial responsibility for the support and maintenance of the child during the period of the placement in the receiving state. d. 24. EXPEDITED PLACEMENT UNDER THE INTERSTATE COMPACT ON THE PLACEMENT OF CHILDREN: FINDINGS AND ORDERS

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