DFCS Online Policies & Procedures

  DFCS Online Policies & Procedures

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Handbook 9: Court Related Issues
9-3.2  Alleged Parent: Statement Regarding Paternity
Court Related Issues
9-3.2  Alleged Parent: Statement Regarding Paternity
Reference Points
Overview
Statement Regarding Paternity (JV 505)
In-Custody Petitions
In-Custody Petitions: DI Responsibility
In-Custody Petitions: Petitioning Clerk Responsibilities
Instructions for the Alleged Father
If The Statement Regarding Paternity Is Returned
Alleged Father's Whereabouts Becomes Known After the Dispositional Hearing
Alleged Father's Whereabouts Becomes Known After Termination of Parental Rights


Reference Points
Effective Date: TBA
Last Updated: 02/16/06
 Legal Basis:
Popup Window Family Code § 7540
Popup Window Family Code § 7576
Popup Window Family Code § 7611
bullet State Regulations, Title 22, Section 35361 (application to Indian Child Welfare Act)
Popup Window Welfare and Institutions Code (WIC) § 290.1, 290.2, 292, 293, 294, 295, 296, and 297
Popup Window WIC § 316.2 (b) & (c)
PDF California Rule of Court 1413
 Non CWS/CMS Forms:
MS Word Statement of Paternity (JV 505)
MS Word Statement Regarding Paternity - Letter A (SCZ 212A)
MS Word Statement Regarding Paternity - Letter B (SCZ 21B)
MS Word 300 Petition Worksheet
MS Word Notice of Ex parte Application and Order (SCZ170)
 CWS/CMS Forms:
bullet Ex-Parte Application and Order


Overview  

The law prescribes the notification of specific persons when a child is taken into temporary custody, a petition filed and a hearing set.  This notice requirement applies equally to any person who is alleged to be a parent .  There is a further requirement that, along with the notice, a Statement Regarding Paternity (JV 505) form be sent to all alleged fathers, which gives the alleged father the opportunity to acknowledge or deny paternity. (Welfare & Institutions Code § 316.2 and California Rule of Court 1413)

It is the duty of the Juvenile Dependency Court to inquire about and, if not otherwise determined, to attempt to determine the parentage of the child. (Rule 1413)  This determination usually occurs at the initial petition hearing or as soon, thereafter, as the individual's name is brought to the attention of the court.

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Statement Regarding Paternity

(JV 505)

  The Statement Regarding Paternity (JV 505) is a form that provides an alleged father with the opportunity to acknowledge or deny paternity. If the alleged father denies paternity by signing the waiver of rights on the JV 505, the social worker will have no further duty to provide him notice, unless the court in its discretion orders notice and/or family reunification services for him.  The alleged father, in the absence of a court order to provide notice and/or family reunification services, will have no standing in the child's case, other than to attempt to establish paternity.
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In-Custody Petitions  

When a child is in temporary custody (in-custody), the court clerk is responsible for serving the JV-505 on alleged fathers, when they appear in court for the Initial Petition Hearing or at the Jurisdictional/Dispositional Hearing.  

The alleged father should consult with his attorney about completion of the JV-505 form.  After it is submitted, the Court may make a paternity finding as to whether the alleged father is the legal or presumed father, based on the information on the JV-505.  Once the social worker is apprised of the Court's finding, either at the hearing or by minute order, the social worker should proceed accordingly in terms of offering services to the father or having no further obligation to notify or provide reasonable efforts on his behalf.

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Out-of-Custody Petitions: DI Responsibility  
  • Whenever an out-of-custody petition is filed, the DI social worker is responsible for ensuring that the JV-505 is provided to the alleged father.
  • Indicate on the 300 Petition Worksheet that the father is "alleged."
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Out-of-Custody Petitions: Petitioning Clerk Responsibilities  

When an out-of-custody petition is submitted with the Petition Worksheet indicating that there is an alleged father, the petitioning clerk:

  • Fills in the child's name, hearing date and time and the case number on the top portion of the JV-505.

  • Completes the Statement Regarding Paternity Letter A (SCZ212A)

  • Make copies of the following documents and gives them to the DI social worker for the case file:
    • JV-505
    • SCZ 212A
    • Legal notice of hearing, and
    • A copy of the 300 Petition

Mails the copies of the four documents listed above to the alleged father(s).

    • Mothers and legal fathers will only be mailed the copy of the 300 Petition and legal notice of hearing.

  • Lists the JV-505 on the standard proof of service that that also lists the SCZ 212A, Notice of Hearing and a copy of the dependency petition.
    • List the JV-505 under the "Other" category on the proof of service.
    • It is important that the JV 505 is listed on the proof of service as this will act as documentation that the Department has met its legal mandate.

  • Submits the original proof of service to County Counsel for filing in Court.
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Instructions for the Alleged Father   When the alleged father receives the JV-505, the social worker may have to instruct him that he is to:Fill in the remainder of the JV-505.
  • The signature of an attorney on the form is not necessary.
  • Either:
    • Submit the JV-505 to the court at the next scheduled hearing, or
    • Return it to the social worker.
       

Any and all statements by the alleged father regarding paternity should be included in the court report.

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If the Statement Regarding Paternity Is Returned to the Social Worker  
If the alleged father.. Then the social worker..
  • Returns the JV-505 in advance of the court date and checked box 4 or 5 (suggesting that he is or may be the biological father)

or

  • Contacts DFCS and states that he is or may be the father

Interviews him to obtains a social history, including asking the following questions:

  • Did he sign a CS 909 a the hospital at the time of the child's birth? 
    • If yes, ask for a copy of the document.
  • Were he and the mother legally married when the child was conceived and/or born?
    • If yes, ask for a copy of the marriage certificate and, if applicable, the divorce certificate.
  • Was he ordered to pay child support by any court?
    • If yes, ask for a copy of the court order.
  • Did he reside with the child an/or hold himself out to be the father at the time of the child's birth?
    • If yes, ask him to provide signed statements from persons willing to testify to that fact
Returns the JV-505 is returned and box 1 is checked (denying paternity) Should make no further attempts to contact the alleged father.


The social worker then:

  • Files the JV-505 with the Juvenile Court Clerk or
  • Forwards the JV-505 to County Counsel for filing with the court.

If the alleged father has indicated that.. and.. then the social worker..

He is or may be the child's parent and..

 

 

There is an urgency for paternity to be established

As soon as possible, completes an Ex parte Application and Order requesting that the court make a paternity finding.

-Attach to the Ex parte Application:

  • All documentation provided by the father.
  • A copy of the JV-505 that was filed with the court.

- Notice all parties of the hearing.

- File a copy of the JV-505 in the case file.

He is or may be the child's parent and

There is no urgency for paternity to be established

Attaches a copy of the JV-505 to the next court report and addresses the issue in the court report.

Any statements made by the father regarding paternity should be addressed in the court report.

He is not the child's parent  

Attaches a copy of the JV-505 to the next court report and addresses the issue in the court report.

Any statements made by the father regarding paternity should be addressed in the court report.

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Alleged Father's Whereabouts Becomes Known After the Dispositional Hearing  

If the alleged father presents himself to the Department after disposition, the Continuing SW:

  • Prints out a blank Statement of Paternity (JV 505).
  • Fills in the child's name, next hearing date and time and the case number on the top portion of the JV 505.
  • Completes and legibly signs the Statement Regarding Paternity-Letter B (SCZ212B)
  • Mails by certified mail or hand delivers the JV 505 and SCZ 212B to the alleged father.
    • Make copies of both documents for the case file.  
  • Documents in the CWS/CMS Contact Notebook that the JV 505 was served on the alleged father.
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Alleged Father's Whereabouts

Becomes Known After Termination of Parental Rights

  If an alleged father comes forward after termination of parental rights, no action is required of the social worker.
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