DFCS Online Policies & Procedures

  DFCS Online Policies & Procedures

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Handbook 1: Intake
1-17 Children Adjudicated or Pending Adjudication of WIC § 602 Status
Intake
1-17  Children Adjudicated or Pending Adjudication of WIC § 602 Status
Reference Points
Overview
Basic Policy
Exception to Placing 300 and 602 Children Together
Application of the Policy to Specific Situations


Reference Points
Effective Date: TBA
Last Updated: 09/07/06
 Legal Basis:
Popup Window Welfare and Institutions Code (WIC) § 206
Popup Window WIC § 300
Popup Window WIC § 601 and 602
Popup Window WIC § 16514


Overview  

There are instances when children who are dependents of the court are placed in Juvenile Hall for alleged criminal behaviors and subsequently released back to DFCS. And, there are instances that children released from Juvenile Hall or who are on Probation are referred to DFCS.  At times, the Assessment Center staff must determine the status of a child sent from Juvenile Hall or who is on Juvenile Probation and the appropriateness of the referral to DFCS.

The Welfare and Institutions Code (WIC) § 206 specifies that children who are dependents of the court under WIC § 300 are not to be placed in the same placement/facility with children adjudicated wards of the court under WIC § 601 and 602, except in limited circumstances. DFCS policies with respect to these situations follow requirements specified in the Welfare and Institutions Code as well as best practices in the placement and care of all DFCS children.

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Basic Policy  

In determining whether a child with pending criminal charges can be placed in the Children's Shelter, a resource home or a group home, the policy is that:

  • Children adjudged Wards of the Court under WIC § 602 for criminal acts are never housed at the Children's Shelter or placed in a resource home by DFCS staff.
  • Dependent Children of the Court under WIC § 300 and children involved in certain legal actions under WIC § 602 cannot be placed together in the same resource home or facility, unless an exception is made by the Social Services Program Manager (SSPM).
  • Dependent Children of the Court who are brought to Juvenile Hall and released without a WIC § 602 petition being filed against them, or who have a WIC § 602 petition dismissed, may be placed in an appropriate placement by a DFCS social worker on a regular or Emergency Satellite Home (ESH) basis. Admission to the Children's Shelter is the last resort for these children.
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Exception to Placing 300 and 602 Children Together  

There is one exception, specified in WIC § 16514 , which allows a social worker to place a dependent child in the same placement with a child on 602 status. The exception primarily applies to children placed in certain community care facilities (CCF) and specifies that:

  • The placement has a program that meets the specific needs of the dependent child, and
  • There is a commonality of needs with the other children in the placement.

The supervising social worker must obtain approval from his/her SSPM before making any such placement. Documentation of the SSPM approval is written in a CWS/CMS Contact note.

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Application of the Policy to Specific Situations  

Depending on the child's situation, the Assessment Center 's social worker follows the policies and practices described in the following table.

If the child...

Then the child...

  • Has a WIC § 602 petition sustained, is declared a Ward of the Court and is referred to DFCS due to allegations of abuse or neglect

or

  • Has a WIC § 602 petition filed but the petition has not yet been adjudicated or dismissed and is referred to DFCS due to allegations of abuse or neglect
  • Is not to be brought to the Children's Shelter or placed in a resource home under any circumstances.

 

  • The child's assigned Probation Officer is to be notified immediately to determine appropriate disposition and placement for the child.
  • Has a “Deferred Entry of Judgment,” is not declared a Ward of the Court but the petition which has been filed is not dismissed, and the child is placed on Informal Probation for six months
  • Cannot be housed at the Children's Shelter or placed in any resource or group home with dependent children unless an exception under WIC § 16514 is approved.
  • Has a WIC § 602 petition filed, does not admit the petition but the petition is not dismissed, and the child is placed on Informal Probatio
  • Cannot be housed at the Children's Shelter or placed in any resource or group home with dependent children unless an exception under WIC § 16514 is approved.
  • Has a WIC § 602 petition filed and the status of the petition is pending
  • Cannot be housed at the Children's Shelter or placed in any resource or group home with dependent children unless an exception under WIC § 16514 is approved.
  • Is brought to Juvenile Hall and is   released without a WIC § 602 petition being filed and the child may or may not be placed on Informal Supervision

or

  • Has a WIC § 602 petition dismissed
  • May be admitted/returned to the Children's Shelter only as a last resort.
  • The social worker must:
    • Make all possible efforts to place the child in an appropriate placement on a regular or  Emergency Satellite Home (ESH) basis and
    • Follow departmental and legal requirements as is appropriate to the specific situation.
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