Free JV-820.v16.101906.ofm - California

JV-820
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:

CASE NAME:

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)

CASE NUMBER:

NOTICE The juvenile court has decided it will make a permanent plan for this child which 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. 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. 5. Child's name: Child's date of birth:

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:
(TYPE OR PRINT NAME)

(SIGNATURE OF

PETITIONER

CHILD'S ATTORNEY)

The Notice of Intent to File Writ Petition must be signed by the person intending to file the writ petition, or, if it is to be filed on behalf of the child, by the child's attorney of record. See the back of this form for more information. PLEASE READ THE BACK OF THIS FORM FOR IMPORTANT INFORMATION AND DEADLINES
Page 1 of 2 Form Adopted for Optional Use Judicial Council of California JV-820 [Rev. January 1, 2007]

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)

Welfare and Institutions Code, § 366.26; Cal. Rules of Court, rule 8.450 www.courtinfo.ca.gov

American LegalNet, Inc. www.FormsWorkflow.com

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 8.450­8.452 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, RULE 5.538 and rule 5.540 SIGNATURE ON NOTICE OF INTENT Must be signed by the person who intends to file the writ petition, or If petition will be filed on behalf of a child, by the child's attorney, or The reviewing court may waive this requirement for good cause on the basis of a declaration by the attorney of record explaining why the party could not sign the notice. (Cal. Rules of Court, rule 8.450(e)(3).)

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JV-820 [Rev. January 1, 2007]

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)

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