Fillable Form JV-320 ORDERS UNDER WELFARE AND INSTITUTIONS CODE

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Form JV-320 ORDERS UNDER WELFARE AND INSTITUTIONS CODE

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Hearing date:
1.
Form Adopted for Mandatory Use
Judicial Council of California
JV-320 [Rev. January 17, 2020]
ORDERS UNDER WELFARE AND INSTITUTIONS CODE
SECTIONS 366.24, 366.26, 727.3, 727.31
Welfare and Institutions Code, §§ 361.31, 361.7, 366.24,
366.26, 727.3, 727.31, 727.4, 16501.1;
Cal. Rules of Court, rules 5.486, 5.504, 5.590,
5.725, 5.810, 5.820
www.courts.ca.gov
Page 1 of 5
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
BRANCH NAME:
CITY AND ZIP CODE:
STREET ADDRESS:
MAILING ADDRESS:
CHILD'S NAME:
FOR COURT USE ONLY
CASE NUMBER:
ORDERS UNDER WELFARE AND INSTITUTIONS CODE
SECTIONS 366.24, 366.26, 727.3, 727.31
ATTORNEY OR PARTY WITHOUT ATTORNEY
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
STATE BAR NUMBER:
JV-320
Parties and attorneys present:
THE COURT FINDS AND ORDERS
4.
a.
Notice has been given as required by law.
This case involves an Indian child, and the court finds that notice has been given to the parents, Indian custodian, Indian
child's tribe, and the Bureau of Indian Affairs (BIA) in accordance with Welfare and Institutions Code section 224.3; the
original certified mail receipts, return cards, copies of all notices, and any responses to those notices are in the court file.
b.
a.
b.
Judicial officer:
c.
Child's name:
Date of birth: Age:
Parent's name (if known):
Mother Father
Parent's name (if known):
Mother Father
Time: Dept.: Room:
The court has read and considered the assessment prepared under Welfare and Institutions Code section 361.5(g),
366.21(i), 366.22(c), 366.25(b), or 727.31(b) and the report and recommendation of the
2.
social worker
probation officer and other evidence.
The court has considered the wishes of the child, consistent with the child's age, and all findings and orders of the court are
made in the best interest of the child.
3.
For child 10 years of age or older who is not present: The child was properly notified under Welfare and Institutions Code
section 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.
5.
6.
The court takes judicial notice of all prior findings, orders, and judgments in this proceeding.
The court previously made a finding denying or terminating reunification services under Welfare and Institutions Code section
361.5, 366.21, 366.22, 366.25, 727.2, or 727.3, for
7.
(name):
parent
Mother Father
(name):
parent
Mother Father
JV-320
CASE NUMBER:
CHILD'S NAME:
Page 2 of 5
JV-320 [Rev. January 17, 2020]
ORDERS UNDER WELFARE AND INSTITUTIONS CODE
SECTIONS 366.24, 366.26, 727.3, 727.31
9. The parental rights of
a.
b.
c.
d.
e.
(name):
parent
(names):
alleged fathers
8.
a.
There is clear and convincing evidence that it is likely the child will be adopted.
The child is an Indian child orb.
Mother Father
Mother Father
(name):
parent
unknown mother all unknown fathers
are terminated, adoption is the child's permanent plan, and the child is referred to the California Department of Social Services
or a local licensed adoption agency for adoptive placement.
The adoption is likely to be finalized by (date):
(If item 9 is checked, go to item 18.)
10. This case involves an Indian child. The parental rights of
a.
b.
c.
e.
(name):
parent
(names):
Indian custodians
(name):
parent
unknown mother all unknown fathers
are modified in accordance with the tribal customary adoption order of the (specify): tribe,
dated and comprising pages, which is accorded full faith and credit and fully incorporated herein.
The child is referred to the California Department of Social Services or a local licensed adoption agency for tribal customary
adoptive placement in accordance with the tribal customary adoption order.
d.
(names):
alleged fathers
(If item 10 is checked, go to item 18.)
11.
The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include
an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child
with a stable and permanent environment through legal guardianship. Removal of the child from the custody of his or her
relative would be detrimental to the emotional well-being of the child. (If item 11 is checked, go to item 15 or 16.)
12.
Termination of parental rights would be detrimental to the child for the following reasons: (If item 12 is checked, check
reasons below and go to item 15 or 16.)
The parents or guardians have maintained regular visitation and contact with the child, and the child would benefit from
continuing the relationship.
a.
b.
The child is 12 years of age or older and objects to termination of parental rights.
The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental
rights will not prevent a permanent family placement if the parents cannot resume custody when residential care is no
longer needed.
c.
The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of
exceptional circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but
who is willing and capable of providing the child with a stable and permanent environment. Removal of the child from the
physical custody of the foster parent or Indian custodian would be detrimental to the emotional well-being of the child.
This clause does not apply to any child who is either
d.
(1)
(2)
under the age of 6; or
a member of a sibling group with at least one child under the age of 6 and the siblings are or should be placed together.
there is reason to know that the child is an Indian child, and
Qualified expert witness testimony was provided by ; and(1)
Evidence regarding the prevailing social and cultural practices of the child's tribe was provided; and
(2)
The court finds by evidence beyond a reasonable doubt that continued physical custody by the
is likely to result in
serious emotional or physical damage to the child.
(3)
mother
father
Indian custodian
:
other
(Name of Witness)
Page 3 of 5
JV-320 [Rev. January 17, 2020]
ORDERS UNDER WELFARE AND INSTITUTIONS CODE
SECTIONS 366.24, 366.26, 727.3, 727.31
JV-320
CASE NUMBER:
CHILD'S NAME:
15.
The child's permanent plan is legal guardianship.
12.
e.
There would be substantial interference with the child's sibling relationship.
The child is an Indian child, and there are compelling reasons for determining that termination of parental rights would
not be in the best interest of the child, including, but not limited to:
f.
(1)
(2)
Termination of parental rights would substantially interfere with the child's connection to his or her tribal community or the
child's tribal membership rights.
The child's tribe has identified guardianship or another permanent plan for the child.
13.
Termination of parental rights would not be detrimental to the child, but no adoptive parent has been identified or is available,
and the child is difficult to place because the child (if item 13 is checked, check reasons below and go to item 14):
a.
is a member of a sibling group that should stay together.
b.
has a diagnosed medical, physical, or mental disability.
c.
is 7 years of age or older.
14.
Termination of parental rights is not ordered at this time. Adoption is the permanent plan, and efforts are to be made to
locate an appropriate adoptive family. A report to the court is due by (date, not to exceed 180 days from the date of this
order):
(Do not check in the case of a tribal customary adoption. If item 14a is checked, provide for visitation in items 14b and
14c as appropriate, and go to item 18.)
a.
b.
Visitation between the child and
(name):
parent
(name):
legal guardian
Mother Father
Mother Father
(name):
parent
is scheduled as follows (specify):
(name):
other
c.
(names):
Visitation between the child and
is detrimental to the child's physical or emotional well-being and is terminated.
:
(Name)
is appointed legal guardian of the child, and Letters of Guardianship will issue. (Do not check in case of a tribal customary
adoption. If item 15 is checked, provide for visitation in items 15a and 15b as appropriate, and go to item 15c or 15d.)
a.
Visitation between the child and
(name):
parent
(name):
legal guardian
Mother Father
Mother Father
(name):
parent
is scheduled as follows (specify):
(name):
other
(names):
Visitation between the child and
b.
is detrimental to the child's physical or emotional well-being and is terminated.
c.
Dependency Wardship
is terminated.
d.
Dependency Wardship
is not terminated. The likely date for termination of the dependency or wardship is
(date): (If this item is checked, go to item 17.)
The juvenile court retains jurisdiction of the guardianship under Welfare and Institutions Code section 366.4.
JV-320
CASE NUMBER:
CHILD'S NAME:
Page 4 of 5
JV-320 [Rev. January 17, 2020]
ORDERS UNDER WELFARE AND INSTITUTIONS CODE
SECTIONS 366.24, 366.26, 727.3, 727.31
16.
The child remains placed with (name of placement):
with a permanent plan of (specify):
a.
(1)
(2)
Returning home
Adoption
Tribal customary adoption
Legal guardianship
(3)
(4)
(5)
(6)
Permanent placement with a fit and willing relative
Independent living with identification of a caring adult to serve
as a lifelong connection
The child's permanent plan is likely to be achieved by (date):
(If item 16a is checked, provide for visitation in items 16b and 16c as appropriate, and go to item 18.)
b.
Visitation between the child and
(name):
parent
(name):
legal guardian
Mother Father
Mother Father
(name):
parent
(name):
other
is scheduled as follows (specify):
c.
(names):
Visitation between the child and
is detrimental to the child's physical or emotional well-being and is terminated.
17.
The child is an Indian child. The court finds that the child's permanent plan complies with the placement preferences
because:
a.
The permanent plan is not adoption, and (choose one):
(1)
The child is placed with a member of the child's extended family as defined by Welf. & Inst. Code, § 224.1(c); or
(2)
A diligent search was made for a placement with a member of the child's extended family, the efforts are
documented in detail in the record, and the child is placed in a foster home licensed, approved, or specified by the
Indian child's tribe; or
(3)
A diligent search was made for a placement with a member of the child's extended family, in a foster home licensed,
approved, or specified by the Indian child's tribe, the efforts are documented in detail in the record, and the child is
placed in an Indian foster home licensed or approved by an authorized non-Indian licensing authority; or
(4)
A diligent search was made for a placement with a member of the child's extended family, in a foster home licensed,
approved, or specified by the Indian child's tribe or an Indian foster home licensed or approved by an authorized
non-Indian licensing authority, the efforts are documented in detail in the record, and the child is placed in an
institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable
to meet the Indian child's needs; or
(5)
The child is placed in accordance with the preferences established by the tribe; or
(6)
The court finds by clear and convincing evidence that there is good cause to depart from the placement preferences
based on the reasons set out in the record.
b.
The permanent plan is adoption (choose one):
(1)
The child is placed with a member of the child's extended family; or
(2)
A diligent search was made for a placement with a member of the child's extended family, those efforts are
documented in detail in the record, and the child is placed with other members of the child's tribe; or
(3)
An diligent search was made for a placement with a member of the child's extended family or other member of the
child's tribe, those efforts are documented in detail in the record, and the child is placed with another Indian family; or
(4)
The child is placed in accordance with the preferences established by the tribe; or
(5)
The court finds by clear and convincing evidence that there is good cause to depart from the placement preferences
based on the reasons set out in detail in the record.
JV-320
CASE NUMBER:
CHILD'S NAME:
Page 5 of 5
JV-320 [Rev. January 17, 2020]
ORDERS UNDER WELFARE AND INSTITUTIONS CODE
SECTIONS 366.24, 366.26, 727.3, 727.31
Date:
(name):
Parent
(name):
Indian custodian
Mother Father
Mother Father
(name):
Parent
(name):
Other
have been advised of their appeal rights (under Cal. Rules of Court, rule 5.590).
27.
The
Child
JUDICIAL OFFICER
23.
The child remains a of the court. (If this box is checked, go to items 22 and 23 if
applicable, and items 24 and 25.)
ward
dependent
24.
All prior orders not in conflict with this order will remain in full force and effect.
25.
Other (specify):
26.
Time: Dept.: Room:
a.
b.
Continued hearing under section 366.26 for receipt of report on attempts to locate an adoptive family
Continued hearing under section 366.24(c)(6) for receipt of the tribal customary adoption order
c.
date:
Next hearing
Six-month postpermanency review
19.
The child's placement is appropriate.
21.
The child is an Indian child and active efforts as detailed in the record made to provide
remedial services and rehabilitative programs designed to prevent the breakup of the Indian family.
If active efforts were made, those efforts have proved
The child is, or there is reason to know the child is, an Indian child. Notice has been provided as required by Welf. & Inst.
Code, § 224.3, and proof of such notice has been filed with the court.
22.
18.
The child's placement is necessary.
20.
The agency has complied with the case plan by making reasonable efforts, including whatever steps are necessary to finalize
the permanent plan. If this case involves an Indian child, the court finds that the agency has made active efforts to provide
remedial and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proven
unsuccessful.
successful unsuccessful.
were were not
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Completed 5 February 2020

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