Form Jv-410 - Findings And Orders After Detention Hearing Page 2
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5JV-410
CHILD'S NAME:
CASE NUMBER:
5.
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.
6.
a. The child will not benefit from representation by an attorney and, for the reason stated on the record, the court 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.
7.
A Court Appointed Special Advocate is appointed for the child.
Parentage
8.
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.
b.
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):
Advisements and waivers
9.
The court has informed and advised the
legal guardian
mother
biological father
child
presumed father
alleged father
Indian custodian
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. 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.
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 at the time of the initial
removal or for the member of a sibling group that includes such a child 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 one's own behalf.
JV-410 [Rev. July 1, 2011]
Page 2 of 5
FINDINGS AND ORDERS AFTER DETENTION HEARING
(Welf. & Inst. Code, § 319)
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