DFCS Online Policies & Procedures

  DFCS Online Policies & Procedures

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Handbook 8: Juvenile Court Hearings and Reports
8-7  Receipt of Report Hearings
Juvenile Court Hearings and Reports
8-7  Receipt of Report Hearings
Reference Points
Overview
What Hearings Apply
Procedures and Timelines
Who Must Attend the Hearings
Procedures for Turning in Late Court Reports
Requesting a Continuance When Court Report Is Completed and SW Is Waiting for Relevant Information
Court Action on Late Court Reports


Reference Points
Effective Date: 04/01/06
Last Updated: 04/28/06
 Legal Basis:
Popup Window Welfare & Institutions Code (WIC) § 364.05 and 366.05
Popup Window Standing Order filed 12/12/05 - Receipt of Report Hearings
 Non CWS/CMS Forms:
MS Word Request to Submit Late Court Report (SCZ 1953)
 CWS/CMS Forms:
bullet Court Management Section: Court Report Notebook


Overview  

Welfare and Institutions Code (WIC) § 364.05 and 366.05 require that parties to juvenile dependency court hearings receive copies of court reports 10 days before the court hearing.  The juvenile court sets Receipt of Report Hearings to ensure compliance with the WIC.

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What Hearings Apply  

Receipt of Report Hearings apply to the following hearings:

  • 6-Month Status Review
  • 12-Month Status Review
  • 18-Month Status Review
  • 366.26 Selection and Implementation
  • 366.3 Post Permanency Planning
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Procedures and Timelines  
Step
Procedure
Timeline
Who
1

SW delivers court report to SWS for signature.

  • Report and attachments should be clipped separately.
  • All confidential information should be redacted from attachments.


or


SW submits Request to Submit Late Court Report (SC 1953) (blue sheet) attached to a Continuance Report.


5 business

days before Receipt of Report Hearing

SW
2

SWS delivers court report to DFCS clerk with a copy of the Noticing worksheet (1423) with the addresses of the parents/guardians circled.


Note: The DFCS clerks will not copy court reports, if there is no attached SC 1423 with the parents’ names and addresses circled.


3 business

days before Receipt of Report Hearing

SWS
3

DFCS clerk:

  • Mails a copy of the report to each parent/guardian
    • Clerical: Do not include attachments on the reports mailed to the     parents/guardians.
  • Makes 15 copies of the report
2 business days before Receipt of Report Hearing

DFCS

Clerk

4
DFCS clerk delivers the original and 15 copies of the report to County Counsel by 2:00 p.m.

1 business

day before Receipt of Report Hearing

DFCS

Clerk

5
County Counsel prepares court reports for distribution at the hearing.

1 business

day before the Receipt of Report Hearing

Co.

Co.

6
SSA Court Runner delivers reports to court on the morning of the Receipt of Report Hearing. Day of the Receipt of Report Hearing

SSA

Runner

7

County Counsel distributes reports at the Receipt of Report Hearing.

  • Two copies to each attorney
  • One copy to CASA
  • Original and one copy to the court legal file
10 days before statutory court hearing

Co.

Co.

8
Receptionist distributes reports on occasion as directed by court assistant.  

Court

Recep-tionist

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Who Must Attend the Hearings  
  • County Counsel must be present for the Receipt of Report Hearings.
  • Parents/guardians are not required to be present.
  • Social workers are not required to be present.
    • Social workers may be ordered to attend a Receipt of Report Hearing that is continue because of a late report.
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Procedures for Turning in Late Court Reports  

To request to submit a late court report, social workers must:

  1. Generate a Continuance Report in CWS/CMS.
    • Choose "Generic Report" for the Report Type In the Court Report Notebook in CWS/CMS.
    • Type in "Continuance Report" in the dialog box that  appears and instructs to Enter the Appropriate Court Report Title.
    • In the report under Summary Recommendations, explain the request for the continuance.
    • Add a section to the report titled "Child and Family Update."
      • Discuss briefly:
        • The child's adjustment in placement, school performance and health status.
        • The parents' compliance with services and visitation orders.
    • Under Recommendations, recommend that the hearing be continued for a specific period of time (e.g. two weeks) and for what purpose.
  2.  
  3. Attach to the Continuance Report a Request to Submit Late Court Report (SC 1953) (blue sheet).
     
  4. Submit blue sheet with report to the SSPM for approval.
     
  5. Contact County Counsel to inform counsel as to the reason why a court report is not received on time.

When completing the full report, the social worker chooses the appropriate court report (i.e. Status Review Report) from the drop-down menu in the Court Report Notebook- Report Type field.

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Requesting a Continuance When Court Report is Completed  and SW Is Waiting for Relevant Information  

If the social worker completes the report and wants to request a continuance for receipt of  some relevant information that will impact recommendations (for example, a psychological evaluation), the social worker:

  • Generates the appropriate Report Type in the Contact Notebook of CWS/CMS (e.g. Status Review).
  • Completes the full report, except for the recommendations.
  • Under "Recommendations" heading, recommends that the matter be continued for a specific period of time (e.g. two weeks) and for what purpose (e.g. receipt of the psychological evaluation).
  • Generates an Addendum to provide the Court with the relevant information, when it is received.
  • Selects and attaches to the Addendum the appropriate set of recommendations.
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Court Action on Late Court Reports  

If a court report is late without justifiable cause, the court may:

  • Set a new Receipt of Report Hearing and continue the date for the statutory hearing.
  • Take other action as deemed appropriate by the court.
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