Outline
The California JV-800 form serves as a critical document for individuals seeking to appeal decisions made in juvenile court. This form is essential for notifying the court of an appeal regarding findings and orders related to a child’s case. It requires specific information, including the names and addresses of the parties involved, the case number, and details about the order being appealed. The form emphasizes the importance of adhering to strict timelines; an appeal must be filed within 60 days of the judgment or order. Additionally, it includes provisions for those wishing to contest a transfer to tribal court, allowing for a stay of the transfer order under certain conditions. Completing the JV-800 form correctly is vital, as it ensures that the appeal process can proceed smoothly. By filling out the necessary sections, including the identification of the appellant and the child or children involved, individuals can effectively communicate their intentions to the court. This form is not just a procedural requirement; it is a pathway for seeking justice and ensuring that the rights of children and their families are upheld in the legal system.
Sample - California Jv 800 Form
Appellant (name):
Name, address, and phone number of person to be contacted (if different from appellant):
4. Items 5 through 7 on the reverse are
Form Approved for Optional Use
Judicial Council of California
JV-800 [Rev. Jan 1, 2016]
2. This appeal is filed by
Page 1 of 2
Cal. Rules of Court, rule 8.400, 8.401, 8.405, 8.406
www.courts.ca.gov
NOTICE OF APPEAL—JUVENILE
3.
the superior court.
Address:
Phone number:
JV-800
TELEPHONE NO.: FAX NO.:
E-MAIL ADDRESS:
ATTORNEY FOR (name):
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:
NOTICE OF APPEAL—JUVENILE
ATTORNEY OR PARTY WITHOUT ATTORNEY:
STATE: ZIP CODE:CITY:
STREET ADDRESS:
FIRM NAME:
NAME:
STATE BAR NO.:
— NOTICE —
You or your attorney must fill in items 1 and 2 and sign this form at the bottom of the page. If possible, to help
process your appeal, fill in items 4–6 on the reverse of this form.
Rule 8.406 says that to appeal from an order or judgment, you must file a written notice of appeal within 60
days after rendition of the judgment or the making of the order being appealed or, in matters heard by a
referee, within 60 days after the order of the referee becomes final.
•
•
You are advised that if you wish to file an appeal of the order for transfer to a tribal court, you (1) may ask the
juvenile court to stay (delay the effective date of) the transfer order and (2) must file the appeal before the
transfer to tribal jurisdiction is finalized. Read rule 5.483 and the advisory committee comment.
•
a.
b.
c.
d.
I request that the court appoint an attorney on appeal.
was was not
SIGNATURE OF
Date:
TYPE OR PRINT NAME
APPELLANT
ATTORNEY
completed
not completed.
I
represented by an appointed attorney in
1. I appeal from the findings and orders of the court (specify date of order or describe order):
5. Appellant is the
f.a.
g.
b.
h.
c.
i.
d.
7. The order appealed from was made under Welfare and Institutions Code (check all that apply):
b.
Dates of hearing (specify):
c.
e.
f.
g.
h.
JV-800 [Rev. Jan 1, 2016]
d.
Page 2 of 2
6. This notice of appeal pertains to the following child or children (specify number of children included):
a.
b.
c.
d.
NOTICE OF APPEAL—JUVENILE
Name of child:
Child's date of birth:
Name of child:
Child's date of birth:
Name of child:
Child's date of birth:
Name of child:
Child's date of birth:
Other appealable orders relating to dependency (specify):
Other appealable orders relating to wardship (specify):
JV-800
CASE NUMBER:
CHILD'S NAME:
child
mother
father
guardian
e.
de facto parent
county welfare department
district attorney
child's tribe
other (state relationship to child or interest in the case):
Continued in Attachment 5.
Section 360 (declaration of dependency)
Removal of custody from parent or guardian
Other orders
with review of section 300 jurisdictional findings
a.
Section 305.5 (transfer to tribal court)
Granting transfer to tribal court
Section 366.26 (selection and implementation of permanent plan in which a petition for extraordinary writ review that
substantively addressed the specific issues to be challenged was timely filed and summarily denied or otherwise not
decided on the merits)
Termination of parental rights
Appointment of guardian
Planned permanent living arrangement
Dates of hearing (specify):
Section 366.28 (order designating a specific placement after termination of parental rights in which a petition for
extraordinary writ review that substantively addressed the specific issues to be challenged was timely filed and summarily
denied or otherwise not decided on the merits)
Dates of hearing (specify):
Dates of hearing (specify):
Section 725 (declaration of wardship and other orders)
with review of section 601 jurisdictional findings
with review of section 602 jurisdictional findings
Dates of hearing (specify):
Dates of hearing (specify):
Other (specify):
For your protection and privacy, please press the Clear
This Form button after you have printed the form.
Form Information
| Fact Name | Details |
|---|---|
| Form Purpose | The JV-800 form is used to file a notice of appeal in juvenile court cases in California. |
| Governing Laws | This form is governed by California Rules of Court, specifically rules 8.400, 8.401, 8.405, and 8.406. |
| Filing Deadline | Appeals must be filed within 60 days after the judgment or order is made, or after a referee's order becomes final. |
| Representation | Appellants may request the court to appoint an attorney if they were not represented in the original proceedings. |
| Children Included | The form allows appellants to specify multiple children involved in the appeal. |
| Transfer to Tribal Court | If appealing a transfer order to a tribal court, the appeal must be filed before the transfer is finalized. |
Detailed Guide for Filling Out California Jv 800
Filling out the California JV-800 form requires careful attention to detail. This form is essential for filing a notice of appeal in juvenile cases. After completing the form, it should be submitted to the appropriate court within the specified timeframe.
- Begin by entering the attorney or party information at the top of the form. Include the name, firm name (if applicable), street address, city, state, ZIP code, phone number, fax number, and email address.
- Specify the attorney for section by writing the name of the party being represented.
- Fill in the court information section. Include the name of the Superior Court of California, the county, and the street address. If there is a mailing address different from the street address, include that as well.
- Enter the child's name and the case number in the designated areas.
- In item 1, indicate the date of the order or describe the order being appealed.
- Complete item 2 by providing the appellant's name and address. If there is a different contact person, include their name, address, and phone number.
- In item 3, indicate whether you request the court to appoint an attorney on appeal and whether the appellant was represented by an appointed attorney in the superior court.
- Mark item 4 to indicate whether items 5 through 7 on the reverse side of the form are completed or not.
- In item 5, specify the relationship of the appellant to the child. Choose from the options provided, such as mother, father, guardian, or other.
- For item 6, list the names and dates of birth of the child or children involved in the appeal.
- In item 7, check the appropriate sections of the Welfare and Institutions Code that pertain to the order being appealed. Include any relevant dates of hearings.
- Finally, sign and date the form at the bottom, ensuring that the name is printed clearly next to the signature.
Obtain Answers on California Jv 800
-
What is the purpose of the California JV-800 form?
The California JV-800 form is used to file a notice of appeal in juvenile court cases. If you disagree with a court order or judgment, this form allows you to formally appeal that decision. It is essential to submit this notice within specific timeframes to ensure your appeal is considered.
-
Who can file the JV-800 form?
The JV-800 form can be filed by various parties involved in a juvenile case, including:
- The child
- The child's mother or father
- Guardians or de facto parents
- County welfare departments
- District attorneys
- The child's tribe
Each party must specify their relationship to the child or their interest in the case when completing the form.
-
What is the deadline for filing the JV-800 form?
You must file the JV-800 form within 60 days of the court's order or judgment. This timeline is crucial for the appeal to be valid. If the case involves a referee, the deadline is 60 days after the referee's order becomes final.
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What information is required on the JV-800 form?
The form requires several key details, including:
- The name of the child involved in the case
- The case number
- Your name and contact information
- The date of the order you are appealing
- Any relevant orders under the Welfare and Institutions Code
Completing these sections accurately helps ensure the court can process your appeal efficiently.
-
Can I request an attorney when filing the JV-800 form?
Yes, you can request that the court appoint an attorney to represent you in your appeal. If you were not previously represented by an attorney in the superior court, you should indicate this on the form. Having legal representation can be beneficial in navigating the complexities of the appeal process.
Common mistakes
Filling out the California JV-800 form can be a daunting task, and mistakes can lead to delays in the appeal process. One common error occurs when individuals fail to provide complete contact information. It is essential to include a valid phone number and address for both the appellant and the contact person. Missing this information may hinder communication with the court.
Another frequent mistake is neglecting to specify the date of the order being appealed. This detail is crucial as it helps the court identify the specific order in question. Without this information, the appeal may be considered incomplete, potentially leading to dismissal.
Many people also overlook the importance of signing the form. The signature of the appellant is a required element, and without it, the form cannot be processed. It is vital to ensure that the signature is present at the bottom of the page before submitting the document.
Additionally, some individuals do not check all applicable boxes regarding the orders being appealed. Each relevant section must be marked to provide the court with a clear understanding of the issues at hand. Failing to do so can result in confusion and further complications in the appeal process.
Lastly, individuals sometimes forget to complete the reverse side of the form. Items 5 through 7 are essential for the court's understanding of the appeal and must be filled out accurately. Neglecting these sections may lead to unnecessary delays or the rejection of the appeal.
Documents used along the form
The California JV-800 form is a critical document used in the juvenile court system for filing a notice of appeal. When engaging with this process, several other forms and documents may also be necessary to ensure a complete and effective appeal. Below is a list of related documents that can assist in navigating the juvenile court appeal process.
- JV-820: Notice of Appeal—Dependency - This form is specifically designed for dependency cases, allowing parties to formally notify the court of their intention to appeal a dependency-related order. It provides a streamlined process for those seeking to contest decisions affecting the welfare of a child.
- JV-810: Notice of Appeal—Wardship - Similar to the JV-820, this form pertains to wardship cases. It enables individuals to file an appeal against orders related to the wardship of a minor, ensuring their rights and interests are represented in the appellate process.
- JV-825: Application for Appointment of Counsel - If a party requires legal representation for their appeal, this application form requests the appointment of counsel. It outlines the need for legal assistance, which can be crucial for navigating the complexities of juvenile law.
- JV-826: Request for Transcript - This document is essential for obtaining transcripts of court proceedings. A complete and accurate transcript is vital for any appeal, as it provides the necessary record of what transpired during the original hearings.
- JV-827: Statement of Appeal - This form allows the appellant to provide a detailed explanation of the reasons for the appeal. It serves as a critical component in articulating the specific issues being contested and the grounds for the appeal.
Each of these documents plays a significant role in the appeal process within the juvenile court system. By understanding and utilizing these forms alongside the JV-800, individuals can better navigate their rights and responsibilities, ensuring that their appeals are properly filed and considered.
Similar forms
The California JV-800 form serves as a notice of appeal in juvenile court cases. Several other documents share similarities with this form in terms of purpose and structure. Below is a list of six such documents:
- California JV-820 Form: This form is used for a request for a hearing regarding a juvenile’s placement. Like the JV-800, it requires specific information about the juvenile and the case, and it must be filed within a certain timeframe.
- California JV-500 Form: This is a notice of motion to modify a previous court order. Similar to the JV-800, it allows parties to formally communicate their intent to appeal or change a decision made by the court.
- California JV-600 Form: This form is used for a petition for a rehearing. It shares the same objective of challenging a court order, requiring detailed information about the original order and the grounds for the rehearing.
- California JV-700 Form: This document is a notice of appeal for a dependency case. Like the JV-800, it is specifically tailored for juvenile cases and mandates timely filing to preserve the right to appeal.
- California JV-400 Form: This is a request for an attorney for a juvenile. It is similar in that it addresses the need for legal representation in juvenile court matters, emphasizing the rights of the juvenile.
- California JV-300 Form: This form serves as a petition for dependency. It parallels the JV-800 in that it initiates a formal process in juvenile court, requiring detailed information about the child and circumstances surrounding the case.
Dos and Don'ts
When filling out the California JV-800 form, keep these important tips in mind:
- Do fill in items 1 and 2 completely and sign at the bottom.
- Do provide accurate contact information for yourself and any other relevant parties.
- Do include details about the child or children involved in the case.
- Do check all applicable sections under the Welfare and Institutions Code.
- Do submit the form within the required 60-day timeframe for appeals.
- Don't leave any required fields blank; this can delay processing.
- Don't forget to include your attorney's information if applicable.
- Don't submit the form without reviewing it for accuracy.
- Don't file the appeal after the 60-day deadline.
- Don't overlook the importance of keeping a copy for your records.
Misconceptions
Understanding the California JV-800 form is essential for anyone involved in juvenile court proceedings. However, several misconceptions about this form can lead to confusion. Here are nine common misconceptions clarified:
- Only attorneys can file the JV-800 form. Many believe that only licensed attorneys can submit this form. In fact, an individual party, such as a parent or guardian, can also file it.
- The JV-800 form is only for appeals regarding custody issues. This form is not limited to custody matters. It can be used for various appeals, including dependency and wardship cases.
- You must file the JV-800 form immediately after a court order. While there is a 60-day deadline to file the notice of appeal, it does not have to be submitted right after the order is made. However, timely filing is crucial.
- Filling out the JV-800 form is the only requirement for an appeal. Completing this form is just one step. Additional documentation may be needed, and it's important to follow all court rules related to appeals.
- Anyone can appeal any decision made by the juvenile court. Not all decisions are appealable. Understanding which orders can be appealed is vital to avoid unnecessary filings.
- The JV-800 form guarantees that an appeal will be successful. Filing this form does not ensure a favorable outcome. The appeal will be reviewed based on its merits and compliance with legal standards.
- There is no need to provide additional information beyond the JV-800 form. While the form captures essential details, providing comprehensive information can support the appeal process.
- Filing the JV-800 form is a simple process that requires no preparation. Preparing to file an appeal can be complex. Gathering necessary information and understanding the appeal process is crucial.
- The JV-800 form is the same for all counties in California. While the form is standardized, local rules may vary. It’s important to check specific county requirements before filing.
Being aware of these misconceptions can help individuals navigate the juvenile court system more effectively. Proper understanding of the JV-800 form is a key step in the appeals process.
Key takeaways
- The California JV-800 form is used to file a notice of appeal in juvenile court cases.
- Complete items 1 and 2, and sign at the bottom of the form.
- Filling in items 4 to 6 on the reverse side is encouraged for faster processing.
- Be aware that you have 60 days to file the notice of appeal after the order or judgment is made.
- If appealing a transfer to tribal court, you must file the appeal before the transfer is finalized.
- Specify the child or children involved by providing their names and dates of birth.
- Check the appropriate sections of the Welfare and Institutions Code that apply to the order being appealed.