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Findings And Orders After In-Home Status Review Hearing-Child Placed With Previously Noncustodial Parent Form. This is a California form and can be use in Juvenile Judicial Council.
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Tags: Findings And Orders After In-Home Status Review Hearing-Child Placed With Previously Noncustodial Parent, JV-426, California Judicial Council, Juvenile
JV-426 ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address): FOR COURT USE ONLY TELEPHONE NO.: E-MAIL ADDRESS (Optional): ATTORNEY FOR (Name): FAX NO. (Optional): SUPERIOR COURT OF CALIFORNIA, COUNTY OF STREET ADDRESS: MAILING ADDRESS: CITY AND ZIP CODE: BRANCH NAME: CHILD'S NAME: FINDINGS AND ORDERS AFTER IN-HOME STATUS REVIEW HEARING-- CHILD PLACED WITH PREVIOUSLY NONCUSTODIAL PARENT (Welf. & Inst. Code, §§ 364, 366.21) 1. In-home status review hearing a. Date: b. Department: c. Judicial officer (name): d. Court clerk (name): h. Party (name): (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) Child: Mother: Father--presumed: Father--biological: Father--alleged: Legal guardian: Indian custodian: De facto parent: County agency social worker: Tribal representative: Other (specify): CASE NUMBER: e. Court reporter (name): f. Bailiff (name): g. Interpreter (name and language): Present Attorney (name): Present Appointed today i. Others present in courtroom: (1) Court Appointed Special Advocate (CASA) volunteer (name): (2) Other (name): (3) Other (name): 2. The court has read and considered and admits into evidence: a. Report of social worker dated: b. Report of CASA volunteer dated: c. Case plan dated: d. Other (specify): e. Other (specify): BASED ON THE FOREGOING AND ON ALL OTHER EVIDENCE RECEIVED, THE COURT FINDS AND ORDERS: Notice of the date, time, and location of the hearing was given as required by law. 3. a. b. For child 10 years of age or older who is not present: The child was properly notified under Welf. & Inst. Code, § 349(d) of his or her right to attend the hearing, was given an opportunity to be present, and there is no good cause for a continuance to enable the child to be present. 4. a. b. may be an Indian child, and notice of the proceeding and the right of the tribe to intervene is The child was provided as required by law. Proof of such notice was filed with this court. 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. Page 1 of 5 Form Approved for Optional Use Judicial Council of California JV-426 [Rev. July 1, 2011] FINDINGS AND ORDERS AFTER IN-HOME STATUS REVIEW HEARING-- CHILD PLACED WITH PREVIOUSLY NONCUSTODIAL PARENT (Welf. & Inst. Code, §§ 364, 366.21) Welfare and Institutions Code, §§ 364, 366.21; Cal. Rules of Court, rules 5.706 and 5.708 www.courts.ca.gov American LegalNet, Inc. www.FormsWorkFlow.com JV-426 CHILD'S NAME: CASE NUMBER: 5. A Court Appointed Special Advocate is appointed for the child. 6. Parentage a. The court inquired of the child's parents present at the hearing and other appropriate persons present as to the identity and addresses of all presumed or alleged parents of the child. All alleged parents present during the hearing who had not previously submitted a Statement Regarding Parentage (Juvenile) (form JV-505) were provided with and ordered to complete form JV-505 and submit it to the court. The clerk of the court is ordered to provide the notice required by Welf. & Inst. Code, § 316.2 to (1) alleged parent (name): (2) alleged parent (name): (3) alleged parent (name): b. Advisements and waivers 7. The court informed and advised the mother biological father legal guardian child presumed father alleged father Indian custodian other (specify): of the following: the right to assert the privilege against self-incrimination; the right to confront and cross-examine the persons who prepared the reports or documents submitted to the court by the petitioner and the witnesses called to testify at the hearing; the right to subpoena witnesses; the right to present evidence on one's own behalf; and 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. The court may appoint counsel subject to the court's right to seek reimbursement, if an individual is entitled to appointed counsel and the individual is financially unable to retain counsel. 8. The mother presumed father other (specify): biological father alleged father legal guardian Indian custodian child 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. Case plan development 9. a. The following were actively involved in the case plan development, including the child's plan for permanent placement. child other (specify): b. The following were not actively involved in the case plan development, including the child's plan for permanent placement. The county agency is ordered to actively involve them and submit an updated case plan within 30 days of the date of this hearing. child other (specify): c. The following were not actively involved in the case plan development, including the child's plan for permanent placement. The county agency is not required to involve them because these persons are unable, unavailable, or unwilling to participate. representative of child's identified Indian tribe child mother father other (specify): mother father representative of child's identified Indian tribe mother father representative of child's identified Indian tribe JV-426 [Rev. July 1, 2011] FINDINGS AND ORDERS AFTER IN-HOME STATUS REVIEW HEARING-- CHILD PLACED WITH PREVIOUSLY NONCUSTODIAL PARENT (Welf. & Inst. Code, §§ 364, 366.21) Page 2 of 5 JV-426 CHILD'S NAME: CASE NUMBER: Custody of the child and services 10. By prior order of the court, the child was removed from the mother presumed father biological father legal guardian Indian custodian other (specify): and placed with a previously noncustodial parent, the biological father mother presumed father 11. Family maintenance services were ordered for the previously noncustodial parent, and regarding that parent, a. the extent of progress toward eliminating the conditions or factors requiring court supervision has been none excellent minimal adequate substantial b. the services offered by the county agency to eliminate the conditions or factors requiring court supervision were adequate inadequate c. By a preponderance of the evidence, conditions that would justify the initial assumption of jurisdiction under Welf. & Inst. Code, § 300 still