Revised


GUIDE TO MODEL JUVENILE DEPENDENCY FORMS
Guide to Model Juvenile Dependency Forms
Oregon Juvenile Court Improvement Project

For the 2008 Forms – December 2007 Release
(This Guide was originally published in 2003 and has been revised.)

Model Juvenile FormType:Number:Revision
Guide to Model JCIP FormsManual2008-2
120307

All forms should include a copy of the box above with the Revision Number as 2008-2 and dated 120307. Courts are free to delete the form box when actually using the form, however it will keep them informed of whether they are using the latest and most up to date form. Forms will be relabeled as they are released.

TABLE OF CONTENTS

Click on the Section Titles underlined below to go directly to that portion of the text.

List of forms without explanation:
Why should the court draft its own juvenile dependency forms?
Why do we want model forms?
Objectives for the design of these forms
Objective: cost effective and efficient
Objective: forms as checklists
Objective: data collection
Objective: uniformity vs. diversity
Objective: focus on common procedures
Elements Common to all forms

List of Forms with explanation:
JF1 Court Appearance Sheet
JF2 Shelter/Preliminary Hearing Order
JF2i Shelter/Preliminary Hearing Order for ICWA Cases
JF3 Jurisdiction Judgment
JF3i ICWA Addendum to Jurisdiction Order
JF4 Disposition Judgment
JF4B Jurisdiction and Disposition Judgment
JF5 Permanency Judgment
JF6 Review Order
JF7 Juvenile Court Restraining Order
JF8 Address and Phone Information Sheet
JF9 Order of Continuance
JF10 Special Circumstances Order
JF11 Reasonable Efforts Order
JF11i Active Efforts Order
JF12 Compelling Reasons Determination Order
JF13 Notice of Compelling Reasons Determination
JF14 Consolidation Order
JF15 Commitment to DHS
JF16 Appointment of CASA Order
JF17 Dependency Status Sheet
JF18 Notice of Juvenile Support Proceeding
JF19 Judgment Terminating Guardianship
JF20 Motion to Establish Guardianship
JF21 Guardian’s Report
JF22 Admissions Form
JF23 Judgment Terminiating an Existing Juvenile Court Restraining Order
JF24: Reserved
JF25: Reserved
JF26: Reserved
JF27: Reserved
JF28: Reserved
JF29 Judgment Creating the Juvenile Court Guardianship

Which forms do I use for which proceeding?
The future of forms in Oregon


LIST OF FORMS WITHOUT EXPLANATION:

JF1: Court Appearance Sheet (Linn County Model)
JF2: Shelter/Preliminiary Hearing Order
JF2i: Shelter/Preliminary Hearing Order for ICWA Cases
JF3: Jurisdiction Judgment
JF3i: ICWA Addendum to Jurisdiction Order- not yet completed
JF4: Disposition Judgment
JF4B: Jurisdiction and Disposition Judgment
JF5: Permanency Judgment
JF6: Review Order
JF7: Juvenile Court Restraining Order
JF8: Address and Phone Information Sheet
JF9: Order of Continuance
JF10: Special Circumstances Order
JF11: Reasonable Efforts Order
JF11i: Active Efforts Order
JF12: Compelling Reasons Determination Order
JF13: Notice of Compelling Reasons Determination
JF14: Consolidation Order
JF15: Commitment to DHS
JF16: Appointment of CASA
JF17: Dependency Status Sheet (Marion County model)
JF18: Notice of Juvenile Support Proceeding
JF19: Judgment Terminating Guardianship
JF20: Motion to Establish Guardianship
JF21: Guardian’s Report
JF22: Admissions
JF23: Judgment Terminating an Existing Juvenile Court Restraining Order
JF24: Reserved
JF25: Reserved
JF26: Reserved
JF27: Reserved
JF28: Reserved
JF29: Judgment Creating the Juvenile Court Guardianship

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Why should the Court draft its own juvenile dependency forms?

It is recognized that in some jurisdictions in Oregon attorneys, district attorneys, assistant attorneys general, the Department of Human Services and juvenile departments may draft orders for juvenile dependency court. For a number of reasons, the Juvenile Court Improvement Project advocates for the Court drafting its own dependency orders and, if possible, issuing and distributing those orders in court on the day of the hearing. This is a recommended practice by the National Council of Juvenile and Family Court Judges. It insures that court orders are issued when and where statute requires that they be issued within 20 days. It provides full and fair notice to all the parties and counsel of what the Court has ordered and what is expected without delay. It helps thereby speed the movement of the entire child protective system toward reunification of the child with its family, or when necessary, into an alternative permanent home. Courts in juvenile dependency cases are empowered to exercise broader discretion than in any other area of the law. The Court, by virtue of statutory mandate and historical practice, accepts a great responsibility toward children and their families in juvenile court to see to it that children are safely returned to their family as quickly as possible.

Finally, unlike almost any area of the law, speedy distribution of orders and compliance with them is critical to success in juvenile dependency cases. This is true because children are young and require a fast response. This is also true because families having problems that lead them to the Juvenile Court need to act fast and receive services quickly to enable reunification with their children.

For these reasons, the Court should exercise control over the drafting of its own orders and develop its own forms. Orders, and their language, dictate how the Court’s intent shall be implemented by state agencies and parents.

Why do we want model juvenile dependency forms?

These model forms are offered to local courts as a means of attaining uniformity when and where that is important to the improvement of juvenile court practice statewide while preserving the benefits of local control. While these forms could be used as they are that is not the intent of their creation - they are a “model”. Local courts are urged to use them, adapt them and improve them to put them to best use in their local juvenile court. These forms contain only that which is minimally required by statute. Local courts are free to add their own practices and procedures.

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OBJECTIVES

Overall Objective: Create a set of juvenile dependency forms that would be used in the most common juvenile dependency court appearances statewide and that would be the most user-friendly and cost efficient. The forms described below are being developed through a cooperative effort by Circuit Judges who regularly hear juvenile dependency cases and the Juvenile Court Improvement Project.


Specific Objectives:

1. Cost Effective and Efficient: A balance was sought between the need for white space and larger print as opposed to the need to keep the length of the forms to a minimum. There are many reasons for keeping the forms short. One is cost effectiveness. Each form must be duplicated so that each party has a copy of it in each case for each court appearance. This can quickly add up to a great deal of photocopying.

A second consideration is simplicity of use. First, judicial officers often need to use these forms during many hearings where a great deal of work must be accomplished in a short time. The shorter and simpler the forms, the easier it is for the judicial officer to understand them and use them effectively. Many parties to these types of cases can become overwhelmed by long detailed forms. It is easier for family members to understand what the Court has done if the orders are simple and short.

Having said all that, it must be noted that the forms are getting longer each biennium because the legislature is mandating more findings for the courts to make. These forms are longer only because they contain legislatively mandated content.

2. Orders that Act as Checklists: Whether the judicial officer using the forms is inexperienced in juvenile law or is experienced and harried with a full docket – if the orders contain a checklist of the most important things the officer must address when conducting the hearing it is less likely that an important finding or inquiry will be missed. Therefore, the order forms were designed to progress in time as the hearing is most often held and they contain reference to all the essential findings and orders a court must address.

3. Statewide Data Collection Needs: Data collecting efforts by the Oregon Judicial Department are only possible if courts use uniform OJIN codes. These forms contain references to the OJIN codes that data entry staff should be using. Even less experienced staff should be able to properly make OJIN entries for these juvenile hearings with the codes provided in the forms. Statewide data collection is essential to focus limited funding on court improvement work and to provide the Legislature with the information it needs to make intelligent decisions about juvenile law reform and funding decisions.

4. Uniformity of Practice vs. Local Diversity:: Oregon’s courts are divided into many semi-independent judicial districts. For many reasons, including local demographics, legal culture, long term practice and custom - as well as what simply works locally - local courts have differing approaches to how they handle these cases procedurally and at times substantively. These forms are designed as much as possible to allow that diversity in practice to continue where it best serves the parties coming before the Court while at the same time encouraging a degree of uniformity of practice in those areas where the law requires it. It is important to note that these forms are not intended to constitute a single, mandatory statewide uniform order form. They are intended to serve as a model, so that local courts can adapt that model to their local needs as they see fit.

5. Focus on Common Procedures: There are some procedures and hearings that most of the State’s juvenile courts will rarely take up, or that are not well suited to form orders and would be better served by a custom written order submitted by counsel. These types of hearings are not addressed in these forms. Such hearings include Termination of Parental Rights judgments and Aggravated Circumstances hearings.

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JCIP Model Juvenile Forms Project
ELEMENTS COMMON TO ALL FORMS

Headings: All forms have a heading. These forms come with a traditional heading.

Footers: All forms have a footer. It contains the page numbering, the name of the form, the form number and the OJIN code that court staff should use to enter the particular order into OJIN. While local courts are free to change this footer in any way they wish, it is highly recommended that the OJIN code reference be retained to help promote the standardization of OJIN codes needed for JCIP purposes.

Bullets: Arrows (►) and diamonds (♦) are are used to flag some paragraphs which may need special attention. They serve as an aid to some judicial officers. They are particularly useful for judicial officers who do not use the forms often. If a local court wishes, they may delete them. The arrow is used to flag provisions in the order that are used in most, if not all, cases. The diamond flags provisions that may be relevant in only a limited number of cases.

ICWA (Indian Child Welfare Act): Many of the special ICWA provisions are on separate forms. In most counties in Oregon, ICWA only applies to a small percentage of cases. In those counties, it does not make sense to print pages of ICWA language on forms when it will rarely be used. It makes more sense to have separate forms for those cases. If a local court has many ICWA cases, or prefers not to have so many kinds of forms, they are free to paste the ICWA language into the regular forms and eliminate the extra ICWA forms. This will make each form longer however.

One Form vs. Many Forms: This is a common dilemma in form design; one can either design one-size-for-all-occasions where much of the form is not used in each typical event, which results in printing excess numbers of pages of forms for judges to read through and which consumes much more paper costing much more money; alternatively printing forms designed for each individual purpose increases the numbers of forms and causes complexity and confusion as well, especially for those who do not use them often. These forms are an effort at balancing these effects, however each local court can certainly consolidate the forms more or less as they see fit.

Findings and Orders: An effort is made to separate Findings of Fact from Orders in the forms where that is possible.

Statutory References: Statutory references have been added in many places on the forms. They can be eliminated but they do not take a lot of space and speed up hearing if legal arguments arise allowing judicial officers to look at the applicable statute quickly.

Appearances: To keep these forms shorter a separate form (JF1 and JF17) are offered for court staff to record that appeared. Courts that want that information on each order can use the appearance insert in the 2008 Insertion document by pasting it under the heading of each form. This will cause most all forms to add an extra page most of which will be blank.

Time: Likewise the time beginning and time ending provisions are on JF1. Courts electing not to use that form will have to add that into each individual form.

Note: The revisions made to the forms in 2007 have substantially lengthened the forms. We are sensitive to the problems this may cause. However, the additions to the forms were all mandated by the Legislature and are required.

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INDIVIDUAL FORMS

Click on the Section Titles underlined below to go directly to each description page and form.

JF1: Court Appearance Sheet
This is one format of a court appearance sheet for dependency cases. In courts where a court clerk is present this would normally be filled out by the clerk. It is completed once for each court appearance no matter how many of the other forms are used. It lists the types of hearings with the appropriate OJIN code to speed up data entry after the hearing. It includes places to show who appeared, what was done, and what the next hearing date and time is. This form is used in Linn County. An alternative form of appearance sheet is JF17, which is the format used in Marion County.

JF2: Shelter/Preliminary Hearing Order
Some courts call the first hearing after the child is in the custody of the state a preliminary hearing and some call it a shelter hearing. This is the order for either. This is not a “pick up order”. Some courts do not use those at all. A reasonable efforts finding is completely included in the 2008 version of this document since shelter hearings are rarely held where children are not removed. If the case falls under ICWA, the court should use the JF2i form instead as it contains the requisite ICWA Active Efforts language.

The form makes reference to the juvenile restraining order, however, if the court wishes to issue such an order, there is a separate form for that purpose, JF7. Incorporating that form into this one would expand this form by three pages.

JF2i: Shelter/Preliminary Hearing Order for ICWA Cases

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JF3: Jurisdiction Judgment
For courts that take jurisdiction at a hearing separately from disposition. For those courts that choose to have parties submit admissions in writing a box is provided to incorporate written admissions, using form JF22.

JF3i: ICWA Addendum to Jurisdiction Order
Since in most cases where courts take jurisdiction in most courts ICWA does not apply this form allows the court to make the separate special ICWA findings when necessary. If a local court finds that the majority of its cases are ICWA cases it may wish to incorporate the language in this form into JF3.

JF4: Disposition Judgment
For courts that hold disposition separately from jurisdiction. The reasonable efforts language is now included in the order eliminating the necessity of a separate Reasonable Efforts Order (JF11).

JF4B: Jurisdiction and Disposition Judgement
Some courts hold disposition at the same time as jurisdiction. If that is always done they should use this combined jurisdiction and disposition form.

The reasonable efforts language is now included in the order eliminating the necessity of a separate Reasonable Efforts Order (JF11).

For those courts that choose to have parties submit admissions in writing, a box is provided to incorporate written admissions, using form JF22.

JF5: Permanency Judgment
Generally the court will review cases after disposition in two respects, at permanency hearings where the permanency plans are at issue, and review hearings where other issues may be heard. This form is for the annual review permanency hearing and the other types of permanency hearings listed at the top of the form. The reasonable efforts language is now included in the form so it is not necessary to use the separate Reasonable Efforts Order (JF11).

There may be some variation from court to court in how the 15/22 month compelling reasons determination is made. The law requires the annual review permanency hearing to occur 12 months after jurisdiction is taken or 14 months after removal, whichever is less. The law says that if a child is out of its home for 15 out of 22 months, the state must file a petition to terminate parental rights unless the court finds that DHS has documented compelling reasons not to. To follow these mandates to the letter, it is necessary to have two reviews, one at 12/14 months and one at 15 months. The work load issue for both DHS and the court however makes this impractical in most cases. Most courts are either using a notice system to allow parties to object to the findings and request hearing or are just addressing the compelling reasons issue at the annual review even though that is at the very least a month early. This form allows the court to address the compelling reasons issue at the annual review if it chooses, or to set up a schedule for submission of documentation and later findings by the Court.

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JF6: Review Order
This form is for those reviews that are not permanency hearings.

JF7: Juvenile Court Restraining Order
This is the restraining order to keep alleged offenders out of the child’s home provided for in ORS 419B.845. The first page is the restraining order itself; the second page is the notice to law enforcement so they know it is not a FAPA order and the notice to the person restrained of his rights.

JF8: Address and Phone Information Sheet
The 2001 Legislature required that courts inquire and update address and phone information for parents and guardians. This form provided to parents at each appearance can be completed if the information has changed. It is formatted to allow two forms per page.

JF9: Order of Continuance
This form allows for continuance of a dependency case beyond the 60 day limit for jurisdiction. The court must make specific findings for why there is good cause to continue the case beyond the 60 day jurisdiction limit.

JF10: Special Circumstances Order
This form is used when the Court must make special findings of aggravated circumstances under ORS 419B.340 or a finding of prior convictions under those provisions. This is a rare occurrence in most courts and they may choose not to adopt a form for this purpose and have counsel draft one in the cases where the findings are needed.

JF11: Reasonable Efforts Order
This form can actually be used in both dependency cases and those delinquency cases where reasonable efforts findings need to be made and the orders the court is using don’t otherwise provide for it. The form is for reasonable, not active efforts. If ICWA applies, the court should use JF11i instead. The form allows the court, when appropriate, to make individual reasonable efforts findings on both reunification efforts and permanency efforts when the plan has changed sometime during the period of review. This form also allows the court to incorporate and adopt affidavits and or reports submitted by agencies which expressly list the reasonable efforts made.

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JF11i: Active Efforts Order
This form should be used in all ICWA cases where the child is not with the Indian parent, family, or tribe approved placement. The form correctly allows the Court to make active efforts findings on return of child to family and reasonable efforts on the concurrent permanency plan consistent with the provisions of ICWA and ASFA. This form does not include the “health and safety of child is paramount concern” language of ASFA because ICWA takes precedence over ASFA. Local Courts may disagree with this interpretation and choose to put this language in the form.

JF12: Compelling Reasons Determination Order
This form is used once in each case if the child is placed outside the home for 15 out of 22 months. In most cases it would be completed, if necessary, with the permanency order (JF5) at the first annual review unless the time line in the case is skewed and the annual review does not coincide even closely with the 15 month deadline.

JF13: Notice of Compelling Reasons Determination
If the 15 month deadline does not coincide closely with the annual review the court may choose to send out this notice and make the Compelling Reasons determination in chambers thereafter subject to the right to a hearing. Courts may elect to hold hearings in lieu of sending this notice.

JF14: Consolidation Order
This order allows the court to make the decisions about consolidation and stay of proceedings as provided for and required in ORS 419B.806.

JF15: Commitment to DHS
This is intended only for use in delinquency cases where the youth is placed in the custody of DHS rather than OYA. DHS has a form for this purpose, however it is very out of date and this form meets statutory requirements and uses current agency names and language.

JF16: Appointment of CASA
Self explanatory.

JF17: Dependency Status Sheet
This optional form or a variation of it is used in some counties to keep a log of file activity. It is kept at the top of the file so that at a glance the court can determine what has occurred or not occurred in the case without looking through the entire file.

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JF18: Notice of Juvenile Support Proceeding
This form was provided by the DOJ. It should be sent to DOJ whenever a circuit court case is pending that may affect child support.

JF19: Judgment Terminating Guardianship
The 2003 Legislature created a “Juvenile Court Guardianship” procedure that allows a guardianship to be created in the juvenile court proceeding without filing a separate guardianship under the protective proceedings chapter. Since pro se parties will often want to file these in juvenile cases the pleadings required are made available here. Local courts can in turn make these available to the public.

JF20: Motion to Establish Guardianship
The Motion used to seek the Guardianship finalized by JF29.

JF21: Guardian’s Report
Guardianships created in juvenile court require an annual written report from the guardian to the juvenile court and or the CRB depending on local practice. This form is the letter sent to the guardian by the court describing this requirement and the form the guardian uses to comply.

JF22: Admissions
Many courts require or permit parents to make admissions to dependency petitions in writing. This form provides for that. (See JF3 above.)

JF23: Judgment Terminating an Existing Juvenile Court Restraining Order

JF24: Reserved
JF25: Reserved
JF26: Reserved
JF27: Reserved
JF28: Reserved

JF29: Judgment Creating the Juvenile Court Guardianship

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WHICH FORMS DO I USE FOR WHICH PROCEEDINGS?

For a Non-ICWA Shelter Hearing:
JF1 or JF17
JF2
JF7 only if applicable

For an ICWA Shelter Hearing:
JF1 or JF17
JF2i
JF7 only if applicable

For a Jurisdiction Hearing:
JF1 or JF17
JF3 for Jurisdiction Order
JF22 for Admissions
(for ICWA use JF3i)
In those courts that take jurisdiction and complete disposition at the same time use JF4B.

For a Separate Disposition Hearing:
JF1 or JF17
JF4
JF7 only if applicable

For a Permanency Hearing
JF1 or JF17
JF5

For a Review Hearing Where Permanency is Not at Issue:
JF1 or JF17
JF6

In cases where the 15 out of 22 months has elapsed and the court must make a finding as to whether or not a petition to terminate parental rights should be filed:
JF13 (if not in open court)
JF14 (if in open court; or if period to respond to JF13 is over.)

Hearing to Create or Terminate Guardianship:
JF20 – motion filed to seek guardianship
JF29 – Judgment to establish guardianship
JF21 – Letter from Court to Guardian and Report from Guardian
JF23 – Judgment to terminate Guardianship

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THE FUTURE OF JUVENILE COURT FORMS IN OREGON

Manual Forms: Those filled out by hand-

Current plans are to release these forms in December 2007 for use in 2008. It is anticipated that a few minor revisions may be necessary after people begin using the forms and a corrected version will be released in April or May of 2008.

Semi Automated Forms: Those filled out on the computer using Visual Basic programming-

It is expected that a version of all of these forms will be available with Visual Basic macros and fill-in programs by the JCIP Conference in August 2008. These forms can be filled in from the bench or by a court clerk on the computer and then printed in the courtroom.

It will likely be necessary to update those forms from time to time until the fully automated forms become available.

Fully automated e-Forms: Those that are fully automated and completed on a computer in the courtroom-

The OJD Technology Committee plans to implement complete e-court capabilities in Oregon on a statewide basis no later than 2012. At or before that time, we should have provided fully automated statewide uniform juvenile forms to all courts which will be fully integrated with a paperless Electronic Content Management System and a new Case Management System which will replace OJIN.

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If you have questions about the design and future of these forms please contact:

Timothy Travis, Court Improvement Manager, CPSD
Hon. Daniel R. Murphy, Circuit Judge, Forms Designer