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The Juvenile Court may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process.\u00a0If you are granted Prospective Adoptive Parent status:<\/p>\n
Please note that when a person is designated as a prospective adoptive parent, that person is not a party to the dependency proceedings nor do they have\u00a0any standing to object to any department or agency decision other than removal, unless the person was recognized as a de facto parent prior to the notice of removal. For more information see our De Facto Parent Information Page<\/a>.<\/p>\n\t <\/a>pros2<\/p>\n In order to qualify for the Prospective Adoptive Parent designation, you must meet the following conditions:<\/p>\n\t TABLE OF CONTENTS:<\/p>\n\n\n\n\n\n\n\t\n <\/p>\n Additionally, you must meet the following requirements to be designated prospective adoptive parent:<\/p>\n 1.\u00a0 The child must have lived with you for at least six months,<\/p>\n 2.\u00a0 You must currently express a commitment to adopt,<\/p>\n 3.\u00a0 You must have taken at least ONE step to facilitate the adoption process, including, but not limited to:<\/p>\n *NOTE:\u00a0 the JV-321 form was last updated in 2010 (before the resource family approval process went into effect).\u00a0 \u00a0 The list of “steps” under question #8 does not take into account the “steps” a caregiver takes to complete RFA.\u00a0 If you are RFA approved, you can check box (a), (c) and (i).\u00a0 Additionally, check box (j) and write in the space provided that you are resource family approved.<\/p>\n <\/a>pros3<\/p>\n In addition to the qualification requirements above, you must complete and file a court form called the JV-321 Request For Prospective Adoptive Parent Designation<\/a>.\u00a0 If you are the caregiver filing the JV-321, the clerk must provide notice of the hearing on your prospective adoptive parent designation.<\/p>\n You have the option to e-file your JV-321 in the following counties:<\/p>\n Other counties may also offer e-filing in their juvenile divisions.\u00a0 If you are in a different county and wish to e-file, you should call the court clerk’s office to learn whether the juvenile court currently accepts submissions by e-file.\u00a0 Be sure to specify that you are inquiring about filing in juvenile court, as counties may permit e-filing in other courts, but not the juvenile division.\u00a0 <\/p>\n <\/a>pros4<\/p>\n If you have been designated a “Prospective Adoptive Parent,” your county Department of Social Services (DSS) cannot remove the child in your care from your home without giving you written notice of their intent to remove. They must notify you by sending a special form called the JV-323 Notice of Intent to Remove Child<\/a>\u00a0which states the reasons for removal.\u00a0 Along with the JV-323, you must also be provided with a JV-326 Proof of Notice<\/a>, JV-325 Objection to Removal<\/a>, and a JV-328 Prospective Adoptive Parent Order After Hearing<\/a>.\u00a0 If you object to the removal of the child, you must file the JV-325 within 5 court days (or 7 calendar days) from the date on the JV-326 Notice.\u00a0 If you received the JV-326 by mail, you have an additional 5 calendar days.<\/p>\n *NOTE: Even if you are not formally designated as the Prospective Adoptive Parent, you may have the right to notice, to object, and to request a hearing if you meet the threshold qualifications for Prospective Adoptive Parent as outlined above.<\/p>\n DSS must also file the JV-323 with the Juvenile Court, and send copies to the child if he\/she is over ten years of age, the child’s attorney, and the CASA.<\/p>\n <\/a>pros5<\/p>\n The Prospective Adoptive Parent has the right to request a hearing on the proposed removal of a child in their care.<\/p>\n At the hearing on an intent to remove the child, the agency intending to remove the child has the burden of proof. The agency must prove by a preponderance of the evidence that the proposed removal is in the best interest of the child.<\/p>\n If no petition objecting to the move is filed and the court does not set a hearing on its own motion, the child may be moved without a hearing.<\/p>\n\n <\/a>pros6<\/p>\n Sample Clerk Cover Letter<\/p>\n <\/p>\nInterested in learning more about Prospective Adoptive Parent status? Check out our online training, How to Access the Juvenile Court: A Legal Training For Caregivers<\/a>.\n\t If a placement decision is made by the juvenile dependency court after termination of parental rights, that order can only be reviewed by the appellate court if the person objecting to the order files a timely petition for extraordinary writ (so that delays caused by appeals can be avoided). \u00a0California Rules of Court 8.456<\/a> and 8.490<\/a><\/u> govern the writ petitions to review post termination placement orders under Welfare and Institutions Code \u00a7 366.28<\/a>.<\/p>\n If the court orders that the child be placed out of state, that order is automatically stayed for seven (7) days to give the prospective adoptive parent time to file a writ petition and seek a stay from the court of appeal.\u00a0 California Code of Civil Procedure section 917.7<\/a> provides, in pertinent part: “[I]n the absence of a writ or order of a reviewing court providing otherwise, the provisions of an order allowing, or eliminating restrictions against, removal of the minor child from the state are stayed by operation of law for a period of seven calendar days<\/i> from the entry of the judgment or order by a juvenile court in a dependency hearing.”<\/p>\n For additional information regarding writ review of this order, please click on the relevant tab:<\/p>\n\t\t\t A Notice of Intent to File Writ Petition (JV-822<\/a>) must be filed with the dependency court clerk within 7 days after the date of the placement order, or if made by a referee acting as a temporary judge, within 7 days of the order becoming final. \u00a0The date of the order is the date on which the court states the order on the record or issues its written decision (whichever is earlier). If notice of the order was by mail, the Notice of Intent to File Writ Petition must be filed within 12 days after the date the clerk mailed the notification.<\/p>\n\t\t\t Absent exceptional circumstances, the reviewing court must review the petition and decide it on the merits by written opinion within 90 days of submission.\u00a0 The reviewing court clerk must promptly notify the parties of any decision and must promptly send a certified copy of any writ or order to the court named as respondent.\u00a0 A written decision on the merits is reviewed in the same way as any other appellate court decision.<\/p>\n\t <\/p>\n\n\n <\/p>\n <\/p>\n <\/p>\n Legal Disclaimer<\/strong>: Advokids provides educational information and resources to those who use our website, call our hotline, or submit requests for information via the website. Any information provided may not be construed as the giving of legal advice to any person about a particular legal matter and should not be relied upon as the basis for taking a particular action or refraining from taking a particular action in any legal matter. If you want or need legal advice about a particular legal matter, you should consult a lawyer.<\/p>\n\t 5643 Paradise Drive, Suite 12B, Corte Madera, CA 94925\u00a0 \u2022\u00a0 415.924.0587<\/p>\n 11833 Mississippi Ave. 1st floor, Los Angeles, CA 90025<\/p>\n\n Prospective Adoptive Parent (JV-321) What is a Prospective Adoptive Parent (PAP)? The Juvenile Court may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least…<\/p>\n","protected":false},"author":1,"featured_media":0,"parent":18492,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_exactmetrics_skip_tracking":false,"_exactmetrics_sitenote_active":false,"_exactmetrics_sitenote_note":"","_exactmetrics_sitenote_category":0,"footnotes":""},"class_list":["post-23191","page","type-page","status-publish","hentry"],"yoast_head":"\nQualifications for Prospective Adoptive Parent Status<\/h3>\n
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How to Apply for Prospective Adoptive Parent Status<\/h3>\n
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Prospective Adoptive Parents Must be Given Notice and Can Object to the Removal of a Foster Child<\/h3>\n
Requesting a Hearing on a Proposed Removal of a Foster Child<\/h3>\n
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<\/a>Prospective Adoptive Parent Forms and Supporting Documentation<\/h3>\n\n
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\nNOTE: if you are the caregiver, your County Clerk must provide notice of the hearing to all parties, per<\/strong> California Rule of Court 5.726<\/a>.\n<\/h4>\n
Appellate Review of Placement Decisions made after Parental Rights are Terminated (post .26 hearing)<\/h3>\n
Copyright 2021 All Rights Reserved | Advokids:\u00a0 A Legal Resource for California Foster Children and Their Advocates<\/h6>\n\n","protected":false},"excerpt":{"rendered":"