Continuance-Detention Hearing Form. This is a California form and can be use in Juvenile Judicial Council.
Tags: Continuance-Detention Hearing, JV-405, California Judicial Council, Juvenile
JV-405 FOR COURT USE ONLY ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): 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: CASE NUMBER: CONTINUANCE—DETENTION HEARING 1. This matter came before the court on the original petition subsequent petition filed on (date): 2. Detention hearing a. Date: b. Department: c. Judicial officer (name): d. Court clerk (name): h. Party (name): supplemental petition other (specify): e. Court reporter (name): f. Bailiff (name): g. Interpreter (name and language): 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) Other: i. Others present in courtroom: (1) Court Appointed Special Advocate (CASA) volunteer (name): (2) Other (name): (3) Other (name): THE COURT FINDS AND ORDERS: 3. 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. 4. a. The child will not benefit from representation by an attorney, and the court further finds: (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. A Court Appointed Special Advocate is appointed for the child, and that person is also appointed as the child's Child Abuse Prevention and Treatment Act guardian ad litem. Page 1 of 4 Form Approved for Optional Use Judicial Council of California JV-405 [Rev. January 1, 2007] CONTINUANCE—DETENTION HEARING Welfare and Institutions Code, §§ 319, 322; Cal. Rules of Court, rule 5.672 www.courtinfo.ca.gov American LegalNet, Inc. www.FormsWorkflow.com JV-405 CHILD'S NAME: 5. 6. CASE NUMBER: A Court Appointed Special Advocate is appointed for the child. The court has informed and advised the legal guardian mother biological father presumed father Indian custodian alleged father 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; 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 6 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 his or her own behalf. 7. The court has considered the information contained in report of social worker dated: other (specify): other (specify): and based on this information finds that continuance in the home is contrary to the child's welfare pending a further determination at the continued hearing. 8. The court grants the motion for continuance under Welfare and Institutions Code section 322 made by the mother biological father legal guardian child presumed father alleged father Indian custodian other (specify): 9. A motion for continuance was made by the mother biological father legal guardian child presumed father alleged father Indian custodian other (specify): and good cause exists for granting the continuance in that notice of the date, time, and location of the hearing was not given to (name): a. b. c. the child did not receive proper notice of his or her right to attend the hearing. other (specify): The motion for the continuance is granted. JV-405 [Rev. January 1, 2007] CONTINUANCE—DETENTION HEARING Page 2 of 4 JV-405 CHILD'S NAME: 10. CASE NUMBER: Contact with the child is ordered as set forth in (check appropriate box and attach indicated form): Visitation Attachment: Parent, Legal Guardian, Indian Custodian, Other Important Person (form JV-400). a. Visitation Attachment: Sibling (form JV-401). b. Visitation Attachment: Grandparent (form JV-402). c. 11. Paternity a. The court inquired of the mother others (names and relationships): as to the identity and address 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): 12. The parents, legal guardians, and Indian custodians must keep the court, the agency, and their attorneys advised of their current addresses and telephone numbers and provide written notification of any changes to their mailing addresses. The parents, legal guardians, and Indian custodians present during the hearing who had not previously submitted a Notification of Mailing Address (form JV-140) or its equivalent were provided with and ordered to complete the form, or its equivalent and to submit it to the court before leaving the courthouse today. 13. The mother presumed father other (specify): biological father alleged father legal guardian Indian custodian must complete a Health and Education Questionnaire (form JV-225) or provide the necessary information for the county agency social worker to complete the form. mother biological father legal guardian presumed father Indian custodian alleged father other (specify): were provided with a Parental Notification of Indian Status (Juvenile Court) (form JV-130) and ordered to complete form JV-130 and to submit it to the court before leaving the courthouse today. 14. The 15. may be an Indian child and the county agency must provide, as required by law, notice is or The child of the proceeding and of the tribe's right to intervene in the proceeding to all identified tribes and to the Bureau of Indian Affairs if the identify or location of a parent, an Indian custodian, or a tribe cannot be determined. Proof of such notice must be filed with this court. 16. There is reason to believe the child may be of Indian ancestry and the county agency must provide notice of the proceedings to the Bureau of Indian Affairs as required by law. Proof of such notice must be filed with this court. 17. The mother presumed father other (specify): biological father alleged father legal guardian Indian custodian must disclose to the county agency social worker the names, residency, and any known identifying information of any maternal or paternal relatives of the child. 18. Other findings and orders: a. See attached. (Specify): b. JV-405 [Rev. January 1, 2007] CONTINUANCE—DETENTION HEARING Page 3 of 4 JV-405 CHILD'S NAME: 19. All parties are ordered to return for the continued hearing: Hearing date: 20. CASE NUMBER: Time: Dept: Room: All prior orders not in conflict with this order remain in full force and effect. 21. Number of pages attached: Date: JUDGE JUDGE PRO TEMPORE Date: COMMISSIONER JV-405 [Rev. January 1, 2007] CONTINUANCE—DETENTION HEARING REFEREE Page 4 of 4