DFCS Online Policies & Procedures

  DFCS Online Policies & Procedures

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Handbook 8: Juvenile Court Hearings and Reports
8-16  Dual Status (241.1) Hearing Protocol
Juvenile Court Hearings and Reports
8-16  Dual Status (241.1) Hearing Protocol
Reference Points
Overview
Exchange of Information between DFCS and JPD
How to Exchange Files between DFCS and JPD
No Commingling Placement Issues
Dependent Youth Is Sent to Juvenile Hall and a 602 Petition Is Filed
Dependent Youth Is Sent to Juvenile Hall and a 602 Petition Is Not Filed
Closing the DFCS Case When the 300 Case is Suspended or Dismissed by the Juvenile Justice court
Dependent Youth of Santa Clara County Is Cited or Arrested Outside of Santa Clara County
Noticing for the 241.1 Hearing
Disagreement Between Social Worker and Probation Officer Regarding Status Recommendation
Juvenile Justice Court Wants Dependency and DFCS Not in Agreement
Youth Remains a 602 after Reporting Previously Being a Victim of Abuse or Neglect by a Parent
Potential Outcomes of Dual Status Hearings
Return of a Previously Dependent Youth from Dual Status to 300 Status
Contact
Other References


Reference Points
Effective Date: 1/1/07
Last Updated: 11/17/10
 Legal Basis:
Popup Window Santa Clara County Superior Court Local Rule - Juvenile Rule 3 E.
Popup Window Welfare and Institutions Code (WIC) § 241.1
Popup Window WIC § 206
Popup Window WIC § 300
Popup Window WIC § 329 and 331
Popup Window WIC § 387
Popup Window WIC § 601 and 602
Popup Window WIC § 16514
PDF California Assembly Bill (AB) 129
Popup Window Santa Clara County Superior Court - Rule 3
 Non CWS/CMS Forms:
MS Word Placement / Address Change Form (SCZ17)
 CWS/CMS Forms:
bullet Court Management Section:  Court Reports


Overview  

The Dual Status Protocol was developed between the Department of Family and Children's Services (DFCS), the Juvenile Justice Court (JJC), and the Juvenile Probation Department (JPD) pursuant to the mandates of Welfare and Institutions Code (WIC) § 241.1.  It was written to ensure appropriate local coordination in the assessment of any youth who appears to come within the description of both WIC § 300 (dependent) and § 601 (status offender) or § 602 (delinquent) to determine which status will serve the best interest of the youth and the protection of society. 

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Exchange of Information Between DFCS and JPD  

Santa Clara County Local Court Rule 3 allows oral or written exchange (including sending copies) of information between DFCS and JPD except for the following documents which require a court order for release.

  • Court-ordered psychological evaluations
  • Youth abuse and neglect reports described by Penal Code § 11167.5 (Suspected Child Abuse Report form #SS-8572)
  • Information disclosing the identity of a reporting party

 

The following information and documents may be exchanged without a signed release or court order:

  • The name and telephone number of the assigned social worker or probation officer
  • The name and addresses of the youth and other family members
  • Formal and informal history of dependency referrals and dependencies
  • Status of the youth and the disposition of referrals of either agency
  • Investigation narratives (redact reporting party as necessary)
  • Progress notes and summaries
  • Court reports
  • The CWS/CMS case plan
  • Parents' progress toward completing the case plan
  • Violations of court orders that the parents or youth may have committed
  • History of out-of-home placement of the youth
  • The youth's adjustments in placements
  • Any statement made by the youth about the youth’s parents, guardians, or caretakers, which might bear upon the issue of the youth’s best interests in the pending child abuse or neglect case
  • Copies of any Court orders in existence with respect to the youth, parents, guardians, or caretakers
  • Whether the youth, his/her parents, guardians, or caretakers are or have been the subject of a custody, delinquency, criminal, or probate investigation
  • The findings and status of that investigation
  • The recommendations made to the Court by JPD
  • The youth's progress while under Court supervision including compliance with Court orders
  • Police reports
     

DFCS social workers may include all of the information listed above in court reports and keep such information in their case files.

 
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How to Exchange Files between DFCS and JPD  

Social workers and probation officers may fax each other the most recent applicable reports.  Should either party be in need of documentation above and beyond the more recent (DFCS/JPD) reports, the social worker and probation officer make arrangements with each other to view the respective case files.

When needing further documentation from JPD, the social worker contacts the assigned probation officer and requests an appointment at the JPD to review the case file and make copies of needed documents per Local Rule 3.

When contacted by a probation officer for further documentation, the social worker schedules an appointment at DFCS for the probation officer to review the case file and make copies of needed documents per Local Rule 3.  The DFCS Dual Status liaison can assist the social worker in these arrangements.

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No-Commingling

Placement Issues

 

Welfare and Institutions Code (WIC) § 206 establishes that youth adjudged 300 dependency status may not be placed with youth for whom a 602 petition is pending or youth who have been adjudicated 602 delinquency status, unless, as specified in WIC § 16514, the social worker or probation officer has determined that the group home, licensed foster family home, or foster family agency has a program that meets the specific needs of the youth being placed or detained, and there is a commonality of needs with the other youths in the group home or licensed foster family home or certified family home.

A dependent youth may be placed with other dependent youth, if the youth has been arrested and, subsequently, put on Juvenile Probation Department Informal Supervision.

See OPP Chapter 1-17: Children Adjudicated or Pending Adjudication of WIC § 602 Status to review placement options.

 

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A Dependent Youth Is Cited  or Arrested and Sent to Juvenile Hall and a 602 Petition Is Filed

 

When a dependent youth is cited or arrested in Santa Clara County (and prior to a 241.1 hearing being ordered), the social worker notifies the DFCS Dual Status liaison, the youth's dependency court attorney, and the youth's Court Appointed Special Advocate (CASA) as soon as the social worker is aware of the citation or arrest.  If the youth is sent to Juvenile Hall, a 602 petition may be filed. The dependent youth may remain out of Juvenile Probation Department custody, despite the filing of a 602 petition.  In that case, DFCS is responsible for arranging transportation for the youth to and from the hearings at Juvenile Justice Court.  At the youth's first hearing, the Juvenile Justice Court judge sets a Dual Status Hearing and orders DFCS and JPD to submit 241.1 WIC Reports with recommendations regarding the youth's status.


  • The Juvenile Justice Court Clerk:
    • Completes a fax cover sheet with the name, address, and phone number of the youth's parents and current location.

    • Attaches the Minute Order from the Juvenile Justice Court Hearing in which the the 241.1 was ordered to the fax cover sheet.

    • Faxes to the DFCS Dual Status liaison (DSL):
      • The fax cover sheet and Minute Order.
      • The Juvenile Wardship Petition.
      • The 241.1 report and dual status hearing minute orders, when received.
        • The DSL distributes the report and minute order to DFCS staff.

    • Sends notices of 241.1 Hearings to all parties, including:
      • Parents
      • Youth advocates
      • De Facto parents
      • Attorney(s) for the youth

    • Notifies juvenile dependency court of suspended or dismissed 300 cases.



 

  • DFCS Dual Status Liaison:
    • Receives the fax cover sheet and initial juvenile justice court minute order from the juvenile court clerk.

    • ID's the minute order to identify whether the youth is a dependent or non-dependent youth.

    • IDs the probation officer’s phone number and documents it on the minute order.

    • IDs the social worker’s name and phone number and documents them on the minute order.

    • Logs the Minute Order.

      If the youth.. then the DSL..
      Is not a dependent Copies the minute order and fax sheet on yellow paper and delivers the packet to the CANC supervisor for processing.
      Is a dependent

      Copies the minute order and fax sheet on yellow paper and delivers the packet to the social worker, social work supervisor, and legal clerk who creates a new hearing.

      Packets for cases in South County are faxed to the social worker, social work supervisor, and legal clerk, followed by an email notifying the social worker and supervisor of the hearing.

     
    • Notifies the Placement Unit via email of the pending 241.1 hearing.

    • Forwards a copy of the 241.1 Report received from the social worker to the assigned Juvenile Dependency Court Judge, the agency representing youth in Dependency Court, and Court Appointed Special Advocate (CASA), within two court days of receipt of the report from the social worker.

    • Retrieves a copy of the probation officer's completed 241.1 Hearing Report from the Juvenile Probation Court Officers' Unit at JPD the day before the hearing (241.1 or dual status).

    • Delivers a copy of the report to the social worker after the hearing.

    • Attends the 241.1 hearing, advocates the Department's position, and reports the outcome of the hearing to the social worker, the social worker's supervisor, and the Placement Unit, if necessary.

    • Receives the 241.1 and dual status hearing minute orders after each court date and distributes them to the social worker.



  • CANC Supervisor
    • Receives the cover sheet and minute order from the Dual Status liaison.

    • Assigns a CANC Screening social worker to create a referral in CWS/CMS from the documents received from the DSL.




  • DFCS Social Worker:
    • Completes a Placement/Address Change Form (SCZ17), Scenario F, 20, to indicate that the youth is at Juvenile hall and no longer in a dependency court ordered placement.
      • Submit the form to the Placement Tracking Team (PTT).
     
    • Contacts the agency representing the youth in dependency court to notify of the 241.1 Hearing.

    • Contacts the Court Appointed Special Advocate (CASA), if applicable, to notify the CASA of the 241.1 Hearing.

    • Has the option of scheduling a Team Decision Making Meeting (TDM) in order to plan the the youth's placement, in the event that the youth is released from the Hall with reinstatement of 300 dependency.

    • Exchanges information with the probation officer prior to the Dual Status Hearing. (See Santa Clara County Superior Court - Rule 3)


    • Confers with the probation officer to develop a joint assessment plan and recommendations regarding the youth and family.
    • Prepares a 241.1 WIC Report with recommendations to the Juvenile Justice Court to assist the court in determining the appropriate status for the youth.


    • Faxes a copy of the 241.1 Report to the probation officer at least 2 business days before the 241.1 Hearing.
      •  Retrieve a copy of the fax confirmation to submit to the Dual Status liaison.

    • Distributes copies of the 241.1 WIC Report at least two business days prior to the Hearing as follows:
      • If the youth is a dependent, two copies are submitted to County Counsel.
      • If the youth is not a dependent, one copy is submitted to County Counsel.
        • A designated basket for the 241.1 WIC Reports is located in the County Counsel area on the 3rd floor of 373 W. Julian.
      • One copy  of the report and the fax receipt confirming that the fax was sent to the probation officer is submitted to the DFCS Dual Status coordinator .
        • Baskets specifically for the 241.1 Reports for the Dual Status liaison are located on the 1st, 2nd, 3rd, and 4th floors at 373 W. Julian.

    • Files the original 241.1 Report in the case file along with the proof of fax.

    • May attend the 241.1 Hearing or may be asked to attend the hearing by the Dual Status liaison.
     
    • Receives the final delinquency court Minute Order from the Dual Status liaison.

      If then social worker..
      • The youth is adjudged a 602 Ward and the 300 dependency case is suspended

      or

      • The youth is adjudged a 602 Ward and the 300 dependency case is dismissed

       

      A 602 petition is not sustained, and the youth is returned to 300 dependency status

      • Arranges transportation for the youth from Juvenile Hall to an out-of-home placement or, if an out-of-home placement is not identified, to the Receiving Center.

      • Consults with the Placement Unit to confirm whether a Placement/Address Change (SCZ17) needs to be submitted to the Placement Tracking Team.

      • Submits the SCZ17, if required.

      • Resumes responsibility as the primary social worker on the case.
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Dependent Youth Is Sent to Juvenile Hall and a 602 Petition is Not Filed  

When a dependent youth allegedly commits an act that results in his/her being sent to Juvenile Hall, the the juvenile probation officer, depending on the nature of the offense, may or may not refer the case to the District Attorney (DA) for filing or the DA may decline to file a 602 petition.  In cases where a 602 petition is not filed, the youth remains a 300 dependent, and the social worker is responsible for arranging transportation or transporting the youth to an out-of-home placement or to the Receiving Center, if an out-of-home placement is not identified. 

The social worker completes a Placement / Address Change Form (SCZ17), Scenario F 20, and submits it to the Placement Tracking Team when the youth is admitted to Juvenile Hall so that the youth's leave from foster care placement is documented in CWS/CMS.  If a 602 petition is not filed and the youth returns to DFCS, a subsequent Placement / Address Change Form (SCZ17) is completed by the social worker to indicate that the youth has returned to his/her dependency court-ordered placement from the Hall. 



Note: If the Department is not in agreement with Juvenile Probation Department's decision not to file a 602 petition, the DFCS Director, Deputy Director, or the DFCS Director's authorized representative may contact a designated representative of the District Attorney's Office and request a review of the matter. The social worker should not contact the District Attorney's Office directly.  Upon requesting the review, DFCS sends a packet of information about the youth to the District Attorney's Office. If there is a need for an internal staffing, the social worker may contact the DFCS Dual Status liaison for assistance.

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Non-Dependent Youth Involved with the Juvenile Justice System Who Are Referred to DFCS  
  • 602 Non-Dual Status Ward is Referred to DFCS with a Release Pending

    If a youth is a 602 ward and ready for dismissal of his/her 602 status and the probation officer or Court has concerns because an appropriate placement has not been identified for the youth, the probation officer usually sets a Juvenile Justice Court hearing for the Juvenile Justice Court to review the matter. The Juvenile Justice court Judge most likely sets a 241.1 Hearing.


    In these situations, when the 602 status youth is not a former dependent and does not have a suspended dependency case, the same procedures are followed as for Dependent Youth Is Sent to Juvenile Hall and a 602 Petition is Filed, with the exception that the referral is sent by the Emergency Response (ER) clerical to the Dependent Intake (DI) Control Clerk for assignment to a DI social worker, since there has not been a previous primary social worker. 

     


    If.. then the social worker..
    the Juvenile Justice Court orders that a 300 petition be filed
    • Notifies the Receiving and Assessment Intake Center staff of the youth's release from 602 status, referral to DFCS, and location of placement (if known), before transporting the youth to an identified placement or to the Receiving Center.
      • The 602 Ward may be able to remain in his/her 602 placement, pending the outcome of the 300 Dispositional Hearing placement orders.

    • Transports or arranges transportation for the youth to the identified placement or the Receiving and Assessment Intake Center, if no placement has been identified.


    • Files the 300 petition
      • The petition states, "On (date) at (time), the youth was placed in protective custody by the Juvenile Justice Court after (complete the allegation)."
    • Proceeds with the investigation.

    the Juvenile Justice Court does not order that a 300 petition be filed




  • Non-Dependent Youth Arrested/ 602 Petition Filed But Not Yet Adjudicated/DFCS CANC Referral from JPD

    When a 602 Petition is filed on a youth who is not a dependent of the Juvenile Dependency Court, the matter has not yet been adjudicated in Juvenile Justice Court, and the probation officer has concerns about the youth's safety in the family home, the probation officer follows the same procedures as when a youth who is already a 602 ward is referred to DFCS with a 602 release pending.



  • Non-Dependent Youth Arrested/ No 602 Petition Filed/DFCS CANC Referral from JPD

    A youth may be arrested and, after investigation, the probation officer and/or District Attorney may decline to file a 602 Petition; however, concerns for the youth's safety at home may prompt the probation officer to make a referral to the DFCS CANC.

    In these cases, a 241.1 assessment is not necessary; however, DFCS has a legal responsibility to conduct an emergency response (ER) assessment, if the situation reported meets the criteria for an in-person response.  DFCS is under no requirement to take the youth into temporary custody or initiate dependency proceedings, unless the ER assessment results in the determination that the youth is the victim of or is at risk of abuse or neglect. If the youth is taken into temporary custody, he or she may be placed with other 300 status youth.



  • Youth on Informal Supervision Under JPD/ DFCS CANC Referral from JPD

    A youth on Informal Supervision under the Juvenile Probation Department who is referred to the DFCS CANC does not require a 241.1 assessment.  DFCS has a legal responsibility to conduct an emergency response assessment, if the situation reported meets the criteria for an in-person response.  However, DFCS is under no requirement to take the youth into temporary custody or initiate dependency proceedings, unless the ER assessment results in the determination that the youth is the victim of or is at risk of abuse or neglect. If the youth is taken into temporary custody, he or she may be placed with other 300 status youth.

       
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Dependent Youth of Santa Clara County Is Cited or Arrested Outside of Santa Clara County  

When a youth who is under the jurisdiction of Santa Clara County Juvenile Dependency Court is cited or is arrested outside of Santa Clara County, the social worker notifies the DFCS Dual Status liaison, the youth's attorney, and Court Appointed Special Advocate (CASA), if applicable, as soon as the social worker becomes aware of the arrest or citation and prior to the order for a 241.1 Hearing.

  • Dependent Youth Placed Out-of-County
    When a dependent youth who is under the jurisdiction of the Santa Clara County Juvenile Dependency Court and placed in an out-of-county residence allegedly commits an act that results in his or her being sent to Juvenile Hall in the county of residence, a 602 petition may be filed.  If a 602 petition is filed, a detention hearing is held in the Juvenile Justice Court where the offense occurred.  

    Each California county chooses how to implement the dual status protocol, and the procedures may differ from county to county.  Not all California counties offer dual status as a recommendation option.  But, California law authorizes any Juvenile Justice Court to order a 241.1 Report from a child welfare social worker. If a dependent of Santa Clara County is adjudicated a dual status youth or a 602 youth in another county, he or she most likely will be transferred back to Santa Clara County Juvenile Hall, if the youth's parent(s) reside in Santa Clara County or if the Santa Clara County Juvenile Dependency Court continues to have jurisdiction over the youth.


  • Social Worker's Responsibilities

The responsibilities of the DFCS social worker who supervises a youth placed out-of-county who is cited or arrested include to:

    • Communicate regularly with the out-of-county probation officer for information on all court dates and report deadlines.
      • The Dual Status liaison is available to facilitate the communication between out-of-county courts and juvenile probation departments and the social worker.

    • Provide the DFCS Dual Status liaison copies of all Juvenile Justice Court minute orders.

    • Write and submit the required 241.1 report or, if a 241.1 report is not required, provide written recommendations regarding the youth.
      • The social worker must consult with a designated representative from the Santa Clara County Juvenile Probation Department prior to writing the 241.1 report, if the criminal proceedings for the youth are to be transferred to the Santa Clara County Juvenile Justice Court
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Noticing for the 241.1 Hearing  

The Juvenile Court Clerk sends out notices of 241.1 Hearings to all parties, including:

  • Parents
  • Court Appointed Special Advocates
  • De Facto Parents
  • Attorney(s) for the youth

 

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Closing the DFCS Case When the 300 Case is Suspended or Dismissed by the Juvenile Justice Court  

When a dependent youth is adjudged 602 status and the Juvenile Justice Court assumes jurisdiction over the youth, the Juvenile Justice Court judge may order that the 300 dependency case be suspended or dismissed.  The Court's order whether to suspend or dismiss the 300 dependency status is largely a function of the seriousness of the crime with which the youth is charged and subsequently adjudicated.  The order for dismissing or suspending the 300 case is reflected on the Juvenile Justice Court Minute Order.  The social worker does not have to complete an Application and Order to suspend or dismiss the dependency case.  

  • Juvenile Justice Court Clerk
    • Notices the Juvenile Dependency Court of the order to suspend or close the 300 case.


  • DFCS Dual Status liaison:
    • Receives the Minute Order from the Juvenile Justice Court.
    • Contacts the social worker to inform the worker of the youth's 602 status and determination about the 300 case. 
    • Gives the social worker a copy of the Minute Order for filing in the dependency case.



  • Social worker:
    • Receives the Minute Order from the Dual Status liaison.
    • Completes a Placement/Address Change Form (SCZ 17), Scenario I 46.
    • Enters all contacts and other applicable documentation into CWS/CMS.
      • Contacts must be up-to date.
      • The case plan must be current an in-effect.
      • All court hearing dates must be resolved.
    • Completes the CAT Closing Tool.
    • Submits the case to the social work supervisor for closing on CWS/CMS.



    Once the dependency case is suspended or dismissed, the previous social worker can only provide historical case information to the Juvenile Probation Department.  Social workers refer probation officers to the DFCS Dual Status liaison for inquires beyond historical case information.

    If a suspended case is in the process of returning to DFCS from JPD, the social worker can participate in the Dual Status TDM and share case planning information and recommendations with JPD.


  • Social work supervisor:
    • Prints out the CWS/CMS Closing Summary.
      • The Closure Reason should indicate "Child adjudicated 601-602."
      • The closure approval date is the date the case was suspended.
    • Forwards the Closing Summary to the Dual Status liaison to let the coordinator know that the case is closed.
    • Approves the case closure on CWS/CMS.
    • Routes the physical case to the Retention Center.
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Disagreement Between Social Worker and Probation Officer Regarding Status Recommendation  

If an agreement cannot be reached between the probation officer and the social worker regarding the recommendation for status of the youth:

  • The juvenile probation officer and the DFCS social worker notifies their respective managers when there is disagreement in regards to a dual status recommendation.
  • A conference is scheduled with the social worker, social work supervisor, probation officer, probation officer supervisor, DFCS Dual Status liaison. and other professionals.
  • The probation officer and social worker notify each other prior to the meeting of all participants who will be attending the meeting.
  • The social worker prepares a brief addendum as to the outcome of the conference.
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Juvenile Justice Court Wants Dependency and DFCS Is Not in Agreement  

If the Juvenile Justice Court has concerns about the youth's well-being, but the social worker is not in agreement with filing a 300 petition,the juvenile justice court judge:

  • Refers the matter to the supervising judge of the juvenile dependency court under WIC § 331.
    • The dependency court judge may order the social worker to file a 300 petition.
  •  
  • Orders that the 602 case file be transmitted to the dependency judge for a review of the social worker's decision declining to file the 300 petition.

The Dual Status liaison immediately notifies the social worker of the action taken by the juvenile justice court judge.

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Youth Remains a 602 After Reporting Previously Being a Victim of Abuse or Neglect by the Parent  

If a youth who is in 602 status reports having been, previously, a victim of abuse or neglect by either or both of his/her parents, the probation officer makes a referral as a mandated reporter to the CANC.

No 241.1 action is required by DFCS.

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Potential Outcomes of Dual Status Hearings  

There are a variety of possible outcomes of a 241.1 Hearing. 

  • A dependent youth or a youth receiving voluntary services through DFCS is arrested and taken to Juvenile Hall.

    Outcomes

    • The youth remains a 300 dependent or voluntary services continue when the Juvenile Probation Dept.:
      • Declines to file a 602 petition, and there is no further involvement from JPD; or
      • Declines to file a 602 petition but puts the youth on Informal Supervision; or
      • Files a 602 petition and the Juvenile Justice Court dismisses the petition with no further involvement from JPD; or
      • Files a 602 petition and the Juvenile Justice Court dismisses the petition with Informal Supervision.

    • The probation officer files a petition, the juvenile justice court adjudicates the youth as 602 status, and the 300 case is dismissed.
      • The youth's child welfare case is closed with no further involvement from DFCS.

    • The probation officer files a petition, when both DFCS and JPD are in agreement, the juvenile justice court adjudicates the youth 602 and suspends the 300 status case, in which the youth is considered to have dual status.
      • The youth's 300 dependency is suspended.
      • 300 dependency status is reinstated when the youth's 602 status ends.



  • A youth with a pending 602 status is referred to DFCS due to allegations of being at risk of being abused or neglected in the family home.

    Outcomes

    • The youth's 602 case is dismissed and:
      • DFCS is ordered to file a 300 petition or
      • DFCS provides voluntary services to the youth and family

    • The youth is found not to come under 300 WIC, and the 602 case moves forward.
      • There is no further involvement from DFCS.
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Return of a Previously Dependent Youth from Dual Status to 300 Status  

Prior to a dual status youth returning to the child welfare system, a Dual Status hearing is held at the Juvenile Justice Court.  The DFCS Dual Status liaison discusses Department recommendations with the youth's former social worker, social work supervisor, and/or program manager, prior to or immediately after the Dual Status Hearing.


  • Dual Status Team Decision Making Meeting (TDM)

    A dual status hearing is held to review the appropriateness of a dual status youth's return to a 300 dependency status.  If the determination is made to transition the youth back to dependency status, a TDM is held prior to release of the youth from the Juvenile Justice System.

    The TDM process is initiated by the DFCS Dual Status liaison.  Parties invited to the TDM for dual status youth returning to dependency status are:

    • DFCS Dual Status liaison
    • Probation officer
    • Probation counselor (if assigned)
    • Probation officer supervisor
    • Former DFCS social worker
    • Newly assigned DFCS social worker (if newly assigned worker is different from former social worker)
    • Social work supervisor
    • DFCS placement unit representative
    • DFCS RISC coordinator (if needed)
    • Court appointed special advocate
    • Youth's attorney social worker
    • Youth's family members or other supportive adults
    • Other professionals involved in providing placement or therapeutic services to the youth



    The DSL contacts the TDM unit to schedule the TDM.  The TDM is held at a Juvenile Probation Department facility, e.g., Juvenile Hall, Wright Center, James Ranch.  DFCS provides the TDM facilitator; the probation officer or counselor arranges a room, notices the youth's parents (if applicable), the youth's CASA, the youth's attorney, and the parents' attorney (if applicable).


    Topic addressed at the TDM include:

    • Placement
    • Psychotropic medication
    • Educational credits earned during wardship
    • Other concerns



  • Transporting the Youth after 300 Status Resumes

The Juvenile Justice Court schedules a hearing prior to the date of release.  DFCS is responsible for transportation for the youth once the 602 status is dismissed and 300 dependency status is reinstated.  The youth is placed in temporary custody by the Juvenile Justice Court judge.



  • Reopening the CWS/CMS Case
    The DFCS Dual Status liaison notifies DFCS Information Systems of the youth's dependency reinstatement, and Information Systems reopens the case, which had been suspended in CWS/CMS. 



  • Scheduling the Juvenile Dependency Court Detention Hearing

After reinstatement of 300 dependency status, the DFCS Dual Status liaison notifies the the social worker assigned to the case of the reinstatement of dependency.  The social worker is then responsible for contacting the Assessment Intake Center (AIC) to inform AIC staff that the youth is in temporary custody.  The AIC staff notifies a DFCS Continuing Detention Specialist who completes an Application for Order of Detention for a Dependent Child (SCZ1436) and arranges for the Detention Hearing to be set the following day.  The Detention Hearing specialist notifies the social worker that the Detention Hearing has been set.  The social worker must notice the youth and parents of the hearing.  If the youth wishes to attend the hearing, the social worker must make arrangements for the youth's transport to court.

At the Detention Hearing, the Court schedules a hearing approximately 30 days from the Detention Hearing in order to receive a report updating the court on the child's status and a case plan from the social worker.




  • Foster Care Payment and Medical for Youth Returning to Dependency Status from Dual Status

To begin foster care payments and Medical, the social worker completes the Placement/Address Change Form (SCZ17) and submits it to the Placement Tracking Team (PTT) which generates the SOC158.  The social worker completes an FC2 and takes the SOC158, FC2, and Juvenile Justice Court Minute Order (JV640) to Foster Care Eligibility on the 5th floor of 373 W. Julian.

  • If the youth is undocumented, the social worker must follow PRUCOL procedures to reinstate Medical. (See OPP Chapter 18-2.3: PRUCOL.)




  • Contacts and Case Plan
    In order to stay in compliance with regulations, the social worker must have an in-person contact with the youth as soon as possible but within 30 days.  Likewise, an updated case plan must be approved as soon as possible but within 30 days.



  • Psychotropic Medication for Dual Straus Youth Returning to Dependency Status
    Juvenile Justice court orders authorizing psychotropic medication for a youth are honored for 14 days after the reinstatement of dependency status.  Dual status youth who are prescribed psychotropic medication are released from Juvenile Hall with a prescription and medication to last about one day. Prior the the end of the 14 days, the social worker must complete the application packet for psychotropic medication and submit it to the Juvenile Dependency Court for reauthorization of the psychotropic medication. (See OPP Chapter 13-7.1: Psychotropic Medication.)
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Contact  

Rose Litvin

DFCS Dual Status Coordinator

373 W. Julian, 2nd flr.

Tel: 408-975-5399 - office

       408-712-5659 - cell

Fax: 408-975-5856  

Email: Rose.Litvin@ssa.sccgov.org

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Other References  
bullet2 OPP Chapter 1-17: Youth Who Are Adjudicated or Pending Adjudication of WIC § 602 Status
PDF Source Document:  Dual Status Protocol / Revised January 2006
bullet2 OPP Chapter 18-2.3: PRUCOL
bullet2 Chapter 13-7.1: Psychotropic Medication
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