DFCS Online Policies & Procedures

  DFCS Online Policies & Procedures

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Handbook 8: Juvenile Court Hearings and Reports
8-6 Ex Parte Application for Order (App and Order)
Juvenile Court Hearings and Reports
8-6  Ex Parte Application for Order (App and Order)
Reference Points
Overview
DFCS Policy on Court Reports in CWS/CMS
When to Submit and App and Order
Noticing Ex Parte Documents
Generating the App and Order in CWS/CMS
Emergency App and Order
Non-urgent App and Order
Other References


Reference Points
Effective Date: TBA
Last Updated: 7/9/09
 Legal Basis:
Popup Window Local Rules of Court
 Non CWS/CMS Forms:
MS Word Declaration Re Notice of Ex Parte Application (SCZ 170)
MS Word Attachment to Notice (SCZ170a)
 CWS/CMS Forms:
bullet Court Management Section: Ex Parte Application and Order


Overview  

An ex parte Application and Order (App and Order) is a formal request for court authorization related to a pending action, without all the other parties present to hear the request.  The court normally grants the request ex parte, but on occasion will set the matter for a hearing. 

Local Rules of Court require that notice been given to all the parties in the matter of the substance and recommendation contained in the Application and Order that is submitted to the court.  In Santa Clara County, Application and Orders are not submitted directly to the court clerk, as indicated in the Local Rules of Court.  Rather, they are submitted to County Counsel court assistants who deliver the documents to the Court for signature by the Judge or Commissioner.

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DFCS Policy on Court Reports in CWS/CMS   It is the policy of the Department of Family and Children's Services that, except for the Initial Hearing Report, all court reports must be created in CWS/CMS or copied into CWS/CMS prior to the date of the court hearing.  Every court hearing date in CWS/CMS must have a corresponding report.
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When To Submit and App and Order  

An Application and Order can be used to affect the following situations.  The social worker may consult with County Counsel, if he/she has any questions as to whether an App and Order is the appropriate action.

  • Change of Placement

When there are existing placement orders, an Application and Order is used to request a change to a less restrictive placement.

  • Visitation

If there are not existing court orders to move from supervised to unsupervised visits, an App and Order can be used to request the less restrictive visitation criteria. 

  • Obtaining Information from Other Agencies/Evaluators

An Application and Order is appropriate when the social worker wants to obtain information which will serve in the evaluation of the child(ren) or parents/guardians, when the parent/guardian is unwilling or unavailable to authorize the release of information.

  • Travel
  • Surgical/Medical Procedures
  • Warrants
  • Early Dismissal of a Case

An Application and Order may be used to request early dismissal of a case, if a review hearing is not scheduled within 30 days and dismissal is in the best interest of the child and family.

  • Visits at a Jail

An narrative Application and Order must be completed:

    1. When a court order is needed to allow a contact visit.
    2. When visitation needs to occur at a time other than regularly scheduled visits at jail.
    3. When a court order is needed to allow a particular person to accompany a minor to a visit at a jail.
     
  • Consent to Marry

An Application and Order is the appropriate method when an unmarried child under the age of eighteen wants to marry.  The following conditions apply:

  1. Each underage person must have written consent of the the parents/guardians, if available, and
  2. There must be a court order granting permission to the underage person to marry.
  • Consent to Enlist in the Armed Services

Dependent children aged 16 years and older shall receive services which enable them to transition from foster care to adult living.  For some, entry into the armed services will be the chosen plan for emancipation. The Court, acting in the role of parent, may give its consent to this plan, provided the Court believes that entry into the military service would be in the child's best interest.

  • Educational Representation
    • Consult with the Educational Rights Coordinator (975-5488).
    • Use JV-535 and, if applicable, JV-536
     
  • Psychological Evaluation
  • To obtain a Transitional Housing Placement order (CCF/THPP)
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Noticing

Ex Parte Documents

 

Local Rules of Court require that notice be given when ex parte documents are submitted to the court. 

  1. Before submitting ex parte orders to a judge or commissioner for approval, the applicant must give notice to all counsel, social workers, and parents who are not represented by counsel or explain the reason notice has not been given.  

  2. The party requesting ex parte orders must inform the judge or commissioner that notice has been given by completing a Declaration Re Notice of Ex Parte Application (SCZ 170) with Attachment (SCZ 170a). 
    • The original Declaration and accompanying Application for Order must be submitted to the courtroom clerk in the juvenile department where the pending action would normally be heard.
     
  3. An opposing party must present any written opposition to a request for ex parte orders to the courtroom clerk within 24 hours of receipt of notice or may have their opposition notes on the Application form.
    • The Court may render its decision on the ex parte application or set the matter for hearing.
    • The applicant is responsible for serving all noticed parties with copies of the Court's decision or notice that the Court has calendared the matter, and the applicant shall notify all parties of any hearing date and time set by the Court.
     
  4. Notice may be excused if the giving of such notice would frustrate the purpose of the order and cause the child to suffer immediate and irreparable injury.  

  5. Notice may also be excused if, following a good faith attempt, the giving of notice is not possible, or if the opposing parties do not object to the requested ex parte orders.
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Generating the App and Order in CWS/CMS  

Steps to obtain the judicial officer's signature on the forms via Application and Order:

  1. Create an Ex Parte Application and Order in the Court Management Section of the child's CWS/CMS case. 
  2. Select the option in the dialogue box that applies to the action for which an order is being requested. 
    • If a specific option is not listed in the dialog box, select "Other."
  3. Complete the narrative parts of the App and Order, including the recommendation.  
  4. Save the Application and Order to the CWS/CMS database.  
  5. Print out the App and Order.     
  6. Sign the Application.  
  7. Have the social work supervisor sign the Application  
  8. Attach the Declaration RE: Notice of Ex parte Application (SCZ 170) and any other necessary documents to the App and Order.  
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Emergency App and Orders  

All emergency Application and Orders to be submitted during regular business hours must be reviewed by a County Counsel Court Assistant prior to being delivered to the judge or commissioner.

To submit an emergency Application and Order, the social worker:

  • A.M.
    • Completes the log for emergency Application and Orders located at the reception desk at court and either
      1. Leaves the App and Order in the box in the reception area, or
      2. Delivers the App and Order to the Court Assistant in the assigned courtroom.
  • P.M.
    • Presents the emergency App and Order to a Court Assistant for review at the County Counsel Office, 373 W. Julian Office, 3rd floor.
    • Completes the log for emergency App and Orders located at the reception desk at court, and
    • Leaves the App and Order in the box in the reception area.
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Non-Emergency App and Order

 

After printing out the App and Order in CWS/CMS, the social worker may place it in the Court Report basket for pony delivery to County Counsel.  The worker may call a Court Assistant for the Department to which the App and Order was submitted to inquire about the status of the App and Order.

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Other References  
bullet2 OPP Chapter 13-7: Consent for Mental Health Treatment
bullet2 OPP Chapter 13-7.1: Psychotropic Medication
bullet2 OPP Chapter 16-2: Educational Representatives and Surrogate Parents
Popup Window2 DFCS All-Staff Memo, 11/14/05: County Counsel Court Assistant Review of Emergency Application for Orders
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