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Notes: A Stepwise Guidebook on Signing Jv 435 Findings And Orders After 12 Month Permanency Hearing Welf Ampamp Inst Code36621f Judicial Council Forms Online

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The Definite Guide to Jv 435 Findings And Orders After 12 Month Permanency Hearing Welf Ampamp Inst Code36621f Judicial Council Forms

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Check How to Enter the Jv 435 Findings And Orders After 12 Month Permanency Hearing Welf Ampamp Inst Code36621f Judicial Council Forms

There's a couple things that I wanted to.talk about about the 6 month.hearing and after the disposition.hearing which in my opinion is the most.importantly hearing in the juvenile.dependency system your case is.statutorily by law set for a review.hearing in six months now people ask me.hey you mean I can't get my child back.with you know until six months no you.can get your child back before six.months by filing something called a 388.petition a 388 petition is I think it's.a JV 180 form even googlewhack with.welfare and institutions code section.388 for Google California judicial forum.JV - 180 but let's say we're at the.six-month hearing I'll give you an.example of it a six-month hearing that's.coming up in Los Angeles where client.just hired me to do it so.at the beginning of September the judge.has set a date hold the receipt of the.report date it's where you show up you.get the report and you review it and you.come back another day sometimes which.has already been set you know hopefully.you know a couple of weeks out where you.come back with your witnesses and your.documents to prove that the child should.be returned now at the first six-month.date they call that a three six six.point two one II here.the child the rule is that the child.must be returned to you unless the.social worker can prove by a.preponderance of evidence that you pose.some type of risk or detriment to the.child now if you think about it the.social worker has to prove this you.don't have to prove that you should get.the child back but what happens is.because the social worker files our.report and you usually don't file.anything which is not a good idea by the.way the social worker will have met the.burden if her or his recommendation is.not to return the child so what do you.do will you have a trial and at that.trial you're going to have to bring.forth evidence to show the judge that.the social worker is wrong or has not.met the burden of proof.you cannot go to the six-month hearing.and plan to argue have your attorney.argue that you should get the child back.in my opinion in 95 99 percent of those.cases will you rely on your attorneys.argument you're probably going to lose.the reason you don't have any evidence.attorney argument is not evidence in the.juvenile dependency system.nothing is evidence in any system so.attorney argument don't rely on you want.to make sure you know with 210 days.before the hearing after you read the.report that you bring in the witnesses.that can testify on your behalf.I'll give you an example another case.that I have social worker at the 6-month.review hearing date is recommending the.child or that the children not be.returned to my client who is the mother.i sat down with the mother about a week.or two ago and I asked her she was a new.client as it will have you done the.court-ordered plan.yes mr. Davis I've done everything are.you sure yes mr. Davis I've done.everything well let me see all your.completion certificates let me see your.progress reports let me see your.receipts for drug counseling and a drug.testing.and she pulled out of her satchel her.bad everything shit done everything and.I asked her to important questions I.said number one this is the social.worker to know that you've done all of.this.she said yes the social worker knows I.said well how did you give it to her.she said well I mailed it to her and by.the way I suggest that when you send.social worker documents you email them.to her.creates a digital record it's pretty.hard for a social worker to say oh I.didn't get that email I have heard.social worker say oh the mother didn't.give me those documents or I never.received those in the mail.or I never got that from the drug.counseling facility email and in Los.Angeles County there was a big to-do.about whether parents could get emails.of social workers and the decision came.down that you can get to the email of.the social worker and by the way these.are public officials their email was not.so it demand to get the email so that.you can send the information to the.social worker in have a receipt go back.to the case since she had done.everything I asked her I said well the.only other argument that the social.worker could make is that you haven't.progressed enough in the kick in the.class or counseling in order for you to.get the child back or children back and.she said well it's funny you should say.that my social worker is saying that my.individual counselor is telling her that.I'm not ready to get the children back I.said well let me see the letters the.progress orders that she had received.from the counselor and I read the.letters and the letters were glowing so.that day with the client sitting in here.I called the council I asked the council.I said well you know I've read your your.reports your progress letters how's my.client doing in counseling.and then it was all mr. Davis I can't.talk to you we don't have a release of.information smokey I'll fix that so we.got the release and I finally talked to.this big counselor by the way that's not.a good sign when they counseling missile.when your own clients counselor doesn't.want to talk to you anyway I got the.counselor on the line I said well how's.my client doing in counseling it's doing.great mr. Davis.really I said mean I read your reports.they're on plumbing.I said did you tell the social worker.that my client wasn't ready to get the.children back she said no I said you.never told the social worker that she's.a well the social worker told me that.and I didn't respond maybe she took my.cell was as being in agreement and I.said well that's a big deal.I said now I have to ask you to come.down to court to testify from my client.and explain to the judge why you didn't.say that to the social worker and what.you really think.Oh mr. Davis I'm busy that day I have a.lot of patients that day I said well I.can make sure that your you have a.subpoena so that that will mandate you.to come Oh mr. Davis can't you just rely.on my reports.can't you just rely can I call can i.call in on the phone testify.no can't call in come into court and you.gotta testify.so that's what I mean about bringing in.the witnesses that you're going to need.to rebut or refute the social workers.report you know bring those witnesses in.it's likely that the social workers are.assuming that the therapists report.won't come into evidence and even if it.did in the example that I gave you.they're not going to be sufficient to.rebut the social workers claim that the.therapist said mom's not ready to get.the children back I know that's a little.like how many angels dance on the head.of a pen type of argument but that's.what it comes down to so you got to have.those witnesses there in most cases if.you have reports and documents from your.court-ordered case plan most people most.minors attorneys and County Council will.allow that into evidence.even though the preparer of that report.is not there however technically in my.opinion it's not admissible evidence and.you have to have the preparer of the.report either there or on call to come.down and say hey yes I wrote this report.that's my signature.I said a great job in her counseling or.parenting class or in her anger.management class or her drug counseling.class so make sure that you have those.people subpoena and on call and make.sure you have those documents make sure.that you talk to your attorney at least.a week in my opinion or at least a few.days before the trial so that you guys.can get on the same page.

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