DFCS Online Policies & Procedures

  DFCS Online Policies & Procedures

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Handbook 8: Juvenile Court Hearing and Reports
8-16.1 241.1 Dual Status Report
Juvenile Court Hearings and Reports
8-16.1 241.1 Dual Status Report
Reference Points
Overview
Summary Recommendations
Youth's Whereabouts
ICWA
Additional Legal History
Reason for Hearing
Prior Child Welfare History
Placement History
Educational Performance/History
Statement of Facts
Statement of Parties
Assessment/Evaluation
Recommendation
Addendum Reports
Requests for Continuances


Reference Points
Effective Date: TBA
Last Updated: 12/10/10
 Legal Basis:
Popup Window Welfare & Institutions Code (WIC) § 241.1
 CWS/CMS Forms:
bullet Court Management Section: Court Report Notebook


Overview   If a dependent youth of the Juvenile Dependency Court comes to the attention of the juvenile justice system or a ward of the Juvenile Justice Court needs the services of the child welfare system, a hearing may be ordered to determine which system would best serve the interest of the youth.  The hearing is often referred to as Dual Status Hearing due to involvement of both the 300 juvenile dependency system and the 602 juvenile justice system. The regulations and procedures regarding such a hearing fall under Welfare and Institutions Code 241.1, and the hearing is also referred to as a 241.1 Hearing.  In preparation for the hearing, social study reports regarding the youth are ordered by the court to be prepared by both the Department of Family and Children's Services and the Juvenile Probation Department.  

The 241.1 Dual Status Report is formatted in a Word document in CWS/CMS under the Court Management Section.  Because many of the areas of the report self-populate, it is important that the information in CWS/CMS, including names and addresses, is current.  The social worker is responsible for keeping client information updated in CWS/CMS and should review CWS/CMS client notebooks to ensure that all identifying information is recorded and current.


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Front Page Information  

Information that must be entered manually on the front page by the social worker includes the hearing date, the court department, and the Hearing Type (241.1 Dual Status).  The child's name, date of birth , age, sex and petition (court) number auto populate from the Client Notebook/ID pages.  

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Summary Recommendations   The social worker writes a brief summary of the Department's recommendations, including, if applicable, a recommendation that the child be referred for Informal Supervision services under the Juvenile Probation Department.
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Youth's Whereabouts  

The CWS/CMS report heading is Child(ren's) Whereabouts.  The social worker changes this to Youth's Whereabouts.  Under this heading, the social worker states whether the youth is in custody.  If the youth is not in custody, information is given as to the youth's current residence or if the youth is on the run.

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Legal History   This section is auto populated and provides information on juvenile dependency hearings and orders.
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Additional Legal History   Under this section information about the parents' current status and past legal history is added, e.g., "The father reported to this social worker that he is currently on active probation in Santa Clara County for substance abuse related charges."  Any relevant legal history, including criminal convictions, is also added.  The social worker may also add any prior Juvenile Justice Court history pertaining to the youth, including wardships and citations that may not be a part of the current hearing.
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ICWA  

Under this section, the social worker provides any information regarding the Indian Child Welfare Act (ICWA), including prior court dates when findings regarding ICWA were made.

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Reason for Hearing  

State why the case is being heard, e.g. the current charges and the reason the 241.1 hearing was set.


Example:  This matter appears for a 241.1 Dual Status Hearing to determine which juvenile system would better address the youth.  The youth, a juvenile court dependent, is charged with assault.  According to Probation Department and police reports, the youth is alleged to have taken part in a group attack upon an adolescent, during which the adolescent was severely beaten.

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Prior Child Welfare History  

This Heading must be added by the social worker.

Provide a history of all prior child welfare referrals for the family, not just the youth, and the disposition that resulted after investigation.  Include program services that were offered or court-ordered and the family's progress under the service program.

Additionally, discuss all services and resources that the Department has provided to the youth and the outcomes of those services. 

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Placement History  

This Heading must be added by the social worker.

Under this heading, provide a chronology of where the youth has been placed and why the placement had changed.  If the youth has no prior placements as a 300 court dependent, provide a history of familial placements, if the information can be obtained from the youth or family.  If the youth has always resided with the natural parents, state so.

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Educational Performance/History  

This Heading must be added by the social worker.

Under this heading, provide the educational history of the youth.  State whether the youth has an IEP, whether it is current, or whether there appears to be a need for one.  Provide a history of schools attended, attendance record, expulsion or suspensions, the number of credits the youth has earned, and the youth's grade point average (GPA), if available.  Indicate who holds educational rights for the youth.

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Statement of Facts  
  • For dependent youth

Document:

  • All services and resources with which the youth has been provided
  • If applicable, involvement in:
    • Gangs
    • Drug use
    • Self-destructive behaviors
  • The youth's mental/emotional health status
    • Include any mental health diagnosis and/or results from psychological evaluations


  • For non-dependent youth

Document:

  • If applicable, involvement in:
    • Gangs
    • Drug use
    • Self-destructive behaviors
  • The youth's mental/emotional health status
    • Include any mental health diagnosis and/or results from psychological evaluations
  • The 300 subsection under which the youth would fall and the evidence which would support a 300 petition

Include any other facts not listed above that pertain to the youth, which would assist in the overall assessment/evaluation.

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Statement of Parties   The youth, parents or guardians, other involved parties (e.g., grandparents of step parents), and collateral professionals should be interviewed.  The probation officer will assist the social worker in obtaining an interview with the youth, if the youth is in custody at Juvenile Hall.  Social workers should discuss the current charges with the youth and document any new information the youth provides, as well as whether the youth expresses remorse in regards to his/her behavior.  Other parties should be asked if they have an opinion regarding which agency would best serve the youth. 


Additional statements relevant to the case can be provided by teachers, group home staff, therapeutic team members, CASA, mentors, and other professionals who have worked with the youth.
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Assessment/Evaluation  

The Assessment/Evaluation section is the place for the social worker's opinion.  Detailed facts previously included in the body of the report should not be repeated and new facts should not appear in this section.  Rather, this section should succinctly summarize, associate, and analyze facts in the body of the report in way that logically leads to what is being is being recommended. Social workers should not independently offer their own mental health diagnosis of a client or otherwise attribute a mental or psychological condition to a client, regardless of the social worker's professional standing, such as license or experience. 


The Assessment/EValuation should be organized into paragraphs or sections, each with a discussion point.  

  • Paragraph 1 - Summarize the youth's status and circumstances.  Sometimes parties who receive the report will first turn to the Assessment/Evaluation section for a quick summary. 
  • Paragraph 2 - If recommending new or continued 300 dependency, in this paragraph summarize the reasons for the recommendation, drawing from facts stated in the body of the report to explain why dependency, rather than wardship, would better serve the youth. Discuss the new or continued need for dependency.  Further, discuss DFCS services, community resources, or other interventions that would benefit the youth.  If recommending that the youth be brought or remain under juvenile justice court jurisdiction, skip this paragraph.
  • Paragraph 3 - If recommending that the youth be brought or remain under the jurisdiction of the juvenile justice court, in this paragraph summarize the reasons for the recommendation, drawing from facts stated in the body of the report to explain why wardship, rather than dependency, would better serve the youth.  If recommending that the youth be brought or remain under juvenile dependency court jurisdiction, skip this paragraph.
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Recommendation  
  • For dependent youth

The social worker may recommend that:

  • The 300 dependency be maintained
  • Informal Supervision be provided by the Juvenile Probation Department
    • This recommendation may be made in conjunction with the recommendation that the 300 dependency be maintained
  • A dual status designation for the youth, if applicable
  • A 602 wardship with the dismissal of 300 dependency.
    • The social worker may note that a new 241.1 Dual Status Hearing may be set prior to wardship ending, if, at that time, there is a concern regarding the youth's risk of abuse or neglect.

 
  • For non-dependent youth

    The social worker may recommend that:

    • The youth be made a 300 dependent, if evidence supports a 300 petition.
      • If there is no evidence to support a 300 petition, the social worker clearly states this.
    • That the youth continue on the track towards 602 status or remain a 602 ward due to the severity of the youth's behaviors.
      • The social worker may note that a new 241.1 Dual Status Hearing may be set prior to wardship ending, if, at that time, there is a concern regarding the youth's risk of abuse or neglect.
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Addendum Report  

Addendums are required when there is significant new information that needs to be presented to the court or, after the required conference, when JPD and DFCS are in disagreement as to the recommendation regarding the youth.

The social worker:

  • Creates an Addendum Report in CWS/CMS, adding 241.1 to the title line of the report.

  • Completes the report, adding any relevant information not provided in the initial 241.1 Dual Status Report.

  • If a JPD/DFCS conference is held after the submission of the initial 241.1 Dual Status Report, adds the time, date, and location of the conference; parties that attended; outcome of the conference; and any additional details about which the court should be informed.  The social worker notes whether the previous recommendations remain in effect or whether there is a change in the recommendation.

  • Submits the Addendum using the same process as used for the initial 241.1 Dual Status Report.
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Request for Continuance  

If requesting a continuance of the 241.1 Hearing, the social worker must state the reason for the request and explain why a report is not being submitted.  A Memorandum requesting a continuance must be submitted if the report will not be submitted in a timely manner.  Reasons for continuances should not include the need to review a psychological evaluation, if the psychological evaluation has no bearing on making the determination as to which juvenile system would better serve the youth. 

The social worker:

  • Prepares a Memorandum to request a continuance of the hearing.

  • Faxes the Memorandum to the juvenile probation officer at least two court days before the hearing.

  • Obtains the fax receipt.

  • Gives a copy of the Memorandum and the fax receipt to the DFCS Dual Status liaison at least two court days before the hearing.
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