NOTICE OF INTENT TO FILE WRIT PETITION
AND REQUEST FOR RECORD TO REVIEW ORDER SETTING A HEARING
UNDER WELFARE AND INSTITUTIONS CODE SECTION 366.26
(California Rules of Court, Rule 8.450)
JV-820
FOR COURT USE ONLY
ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, State Bar number, and address):
FAX NO. (Optional):
TELEPHONE NO.:
E-MAIL ADDRESS (Optional):
ATTORNEY FOR (Name):
SUPERIOR COURT OF CALIFORNIA, COUNTY OF
STREET ADDRESS:
MAILING ADDRESS:
CITY AND ZIP CODE:
BRANCH NAME:
CASE NAME:
CASE NUMBER:
1. Petitioner's name:
2. Petitioner's address:
3. Petitioner's phone number:
4. Petitioner is
parent (name):
a.
guardian
b.
county welfare agency
c.
child
d.
other (state relationship to child or interest in the case):
e.
the juvenile court made an order setting a hearing under Welfare and Institutions Code
6. a. On (date):
section 366.26. Petitioner intends to file a writ petition to challenge the findings and orders made by the court on that date and
requests that the clerk assemble the record.
b. List all known dates of the hearing that resulted in the order:
7. The hearing under Welfare and Institutions Code section 366.26 is set for (date, if known):
Date:
PETITIONER ATTORNEY)(SIGNATURE OF
(TYPE OR PRINT NAME)
Cal. Rules of Court, rule 8.450
Form Adopted for Optional Use
Judicial Council of California
JV-820 [Rev. July 1, 2010]
www.courtinfo.ca.gov
Welfare and Institutions Code, § 366.26;
Page 1 of 2
`
5. Child's name: Child's date of birth:
The Notice of Intent to File Writ Petition must be signed by the person who intends to file the writ petition or by the
attorney of record.
NOTICE OF INTENT TO FILE WRIT PETITION AND REQUEST
FOR RECORD TO REVIEW ORDER SETTING A HEARING
UNDER WELFARE AND INSTITUTIONS CODE SECTION 366.26
(California Rules of Court, Rule 8.450)
The juvenile court has decided it will make a permanent plan for this child that may result in the
termination of your parental rights and adoption of the child. If you want an appeals court to review the
juvenile court's decision, you must first tell the juvenile court by filing a Notice of Intent. You may use this
form as your Notice of Intent. In most cases, you have only 7 days from the court's decision to file a Notice
of Intent. Please see page 2 for your specific deadline for filing this form.
NOTICE
PLEASE READ THE BACK OF THIS FORM FOR IMPORTANT INFORMATION AND DEADLINES
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APPELLATE CASE TITLE:
APPELLATE CASE NUMBER:
JV-820
WHAT WILL HAPPEN AT THE HEARING TO MAKE A PERMANENT PLAN?
• The court may order the termination of parental rights and adoption of the child.
• The court may order a legal guardianship for the child.
• The court may order a permanent plan of placement of the child with a fit and willing relative.
• The court may order a permanent plan of placement of the child in a foster home.
The above options are listed in the normal order of preference, because the main goal is to give the child a stable and
permanent living situation.
SEE WELF. & INST. CODE, § 366.26 FOR MORE INFORMATION
HOW DO I CHALLENGE THE COURT'S DECISION TO SET A HEARING TO MAKE A PERMANENT PLAN?
File this Notice of Intent to File Writ Petition and Request for Record in the juvenile court within the time specified below in
the next box. This will let the court know you intend to file a writ petition, and the court will prepare the record.
• You will be notified after the record is filed in the Court of Appeal, and you will get copies of the record. You have 10 days
after the record is filed in the Court of Appeal to file and serve your writ petition.
• You may use the optional Judicial Council form JV-825 to complete your writ petition, or, if you have an attorney, your
attorney can write the writ petition for you.
• After you file a writ petition in the Court of Appeal, you must send copies of the petition to all of the parties in the case, to the
child's CASA volunteer, to the child's present caregiver, and to any de facto parent who has standing to participate in the
juvenile court proceedings. With your writ petition, you must file a Proof of Service confirming you have sent a copy of the
petition to these people.
SEE WELF. & INST. CODE, § 366.26(l); CAL. RULES OF COURT, RULES 8.450-8.452
WHEN DO I HAVE TO FILE MY NOTICE OF INTENT TO FILE WRIT PETITION AND REQUEST FOR RECORD?
• If you were present when the court set the hearing to make a permanent plan, you must file the Notice of Intent within 7 days
from the date the court set the hearing.
• If you were not present in court but were given notice by mail of the court's decision to set a hearing to make a permanent
plan and you live in California, you must file the Notice of Intent within 12 days from the date the clerk mailed the notification.
• If you were not present in court but were given notice by mail of the court's decision to set a hearing to make a permanent
plan and you live in a state other than California, you must file the Notice of Intent within 17 days from the date the clerk
mailed the notification.
• If you were not present in court but were given notice by mail of the court's decision to set a hearing to make a permanent
plan and you live outside the United States, you must file the Notice of Intent within 27 days from the date the clerk mailed
the notification.
• If you are a party in a custodial institution you must give the Notice of Intent to custodial officials for mailing within the time
specified in this box.
SEE CAL. RULES OF COURT, RULES 8.450, 5.540(c)
If the order setting the hearing was made by a referee not acting as a temporary judge, you have an additional 10 days to file
the Notice of Intent.
SEE WELF. & INST. CODE, §§ 248-252; CAL. RULES OF COURT, RULES 5.538, 5.540
SIGNATURE ON NOTICE OF INTENT
Must be signed by the person who intends to file the writ petition, or
JV-820 [Rev. July 1, 2010]
Page 2 of 2
NOTICE OF INTENT TO FILE WRIT PETITION AND REQUEST
FOR RECORD TO REVIEW ORDER SETTING A HEARING
UNDER WELFARE AND INSTITUTIONS CODE SECTION 366.26
(California Rules of Court, Rule 8.450)
• By the attorney of record
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