A child who is abandoned and without resources, who is being abused, neglected, or exploited or who is at imminent risk of abuse, neglect, or exploitation qualifies for court protection.

Whenever a child is in need of the protection of the juvenile court and court proceedings have not been initiated, any person can request the social worker to commence court proceedings by submitting to the social worker or the social services agency an application setting forth facts to establish that the child comes within the provisions of Welfare and Institutions Code Section 300 and is in need of the court’s protection. Welfare and Institutions Code Section 329

The application to the social worker to commence proceedings must be submitted in the form of a declaration under penalty of perjury on Judicial Council Form JV-210 and sent to the social services agency in the county in which the child regularly resides or the county in which the child was or is present. Be sure to keep two copies, one for your records, and one with the original documents attached for future filing with the court, if necessary.

The application to the social worker to commence proceedings must be submitted in the form of a declaration under penalty of perjury on Judicial Council Form JV-210 and sent to the social services agency in the county in which the child regularly resides or the county in which the child was or is present. Be sure to keep two copies, one for your records, and one with the original documents attached for future filing with the court, if necessary.

Address the JV-210 application to your county Social Services Agency Director of Children and Family Services and send it by certified mail, return receipt requested. If there is an agency social worker involved with the child, send a courtesy copy to the assigned social worker.

Upon receiving the application, a Social Services Agency social worker must immediately investigate the circumstances of the child, and within three weeks after the application, notify the applicant of the agency’s decision to commence or not commence court proceedings, stating the reasons for the decision on the social worker section of the JV-210.

If the social worker does not file a petition to commence proceedings in the juvenile court, the applicant may, within one month of submitting their JV-210 application, apply to the juvenile court to review the decision of the social worker. Welfare and Institutions Code Section 331

The application for the juvenile court to review the county agency’s decision not to file a petition is submitted on Judicial Council Form JV-215 and filed with the clerk of the juvenile court. A copy of the JV-210 application to the social worker, including all attachments must be attached to the JV-215 application that is filed with the court clerk. Crucial facts that have occurred or become known since the JV-210 application to the social worker can also be attached to the JV-215 as additional documentation.

Send a copy of the complete JV-215 document to be filed with the court to the county Social Services Agency Director and a courtesy copy to the assigned social worker, if known.

The facts set forth to establish that the child comes within the jurisdiction of the court must be in the form of a statement signed under penalty of perjury. Judicial Council forms JV-210 and JV-215 are signed by the applicant under penalty of perjury. Documentation from third parties, such as neighbors, extended family, doctors, therapists, teachers must be in the form of a declaration signed under penalty of perjury. See Judicial Council Declaration Form MC-030.

The facts submitted to the social worker and to the court must be as concise and as complete as possible.

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SOME COUNTIES HAVE SPECIFIC "LOCAL" RULES RELATED TO THIS PROCEDURE

FORMS

JV-210 Application to Commence Proceedings by Affidavit and Decision by Social Worker
(Welfare and Institutions Code §329) Form/Fillable Form

JV-215 Application to Review Decision by Social Worker Not to Commence Proceedings
(Welfare and Institutions Code §331) Form/Fillable Form

Note that there is very little space for "setting forth facts" on the JV-210 and JV-215. On the JV-210 Item 6 check "See attachment 6" and fill in the blank for number of pages attached. On the JV-215 under Item 5 check "See attachment 5." Write in the number of pages attached. Be sure to label each attachment page "Attachment to JV-210" or "Attachment to JV-215" with your name, address, and telephone number.

MC-030 Declaration Form/Fillable Form
If there is insufficient space on the face of the Form MC-030 for the statement, put as the last sentence on the form itself "Please see attached pages two to ___." These attached pages are incorporated by reference as though fully stated herein. Label each attached page as "Attachment to MC-03" with your name, address, and telephone number.

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