[an error occurred while processing this directive] [an error occurred while processing this directive]

  DFCS Online Policies & Procedures

  DFCS Online Policies & Procedures

   [an error occurred while processing this directive]
[an error occurred while processing this directive]
   <<< Return to OPP Table of Contents [an error occurred while processing this directive]
Handbook 10: Contacts and Visitation
10-4.1  Authorization for Travel for a Child Under DFCS Supervision

 

Contacts and Visitation
10-4.1  Authorization for Travel for a Child Under DFCS Supervision
Reference Points
Overview
Who Can Authorize Travel for Dependent Children in Out of Home Placements
DFCS Authorization ofTravel for 14 days or less in United States
Court Authorization for Travel Outside of United States, Exceeding 14 days or an Objection to Travel
Travel for Any Child(ren) Receiving Family Maintenance Services
Generating an Ex Parte Application in CWS/CMS
DFCS Travel Policy for Unaccompanied Minors
Contact


Reference Points
Effective Date: TBA
Last Updated: 9/10/2013
 Legal Basis:
MS Word

DFCS Announcement 4/23/04: Travel for Unaccompanied Minors

 Non CWS/CMS Forms:
bullet SC 909 - not online
MS Word SCZ170
 CWS/CMS Forms:
bullet Court Management Section: Court Report Notebook


Overview   In keeping with the DFCS principle to assure that children are not further harmed under the supervision of the Department, social workers must take care to ensure that, when a child under DFCS supervision travels, the child is adequately supervised and that required permission for the travel has been obtained.
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Who Can Authorize Travel for Dependent Children in Out of Home Placements  

Anytime a social worker, parent, or the Court authorizes travel for a dependent child, the social worker:

  • Gives the substitute caregiver a written document, such a a letter or certified court authorization, indicating that authorization has been given for the child to travel with the caregiver. 
  • Assists in securing documentation that allows the caregiver to consent for emergency medical treatment, in the event the parents or Court cannot be contacted in a critical situation when the child is outside the County.
  • Instructs the caregiver to carry both documents while traveling.

 

 

 

 

Foster Parent

May Authorize
Social Worker May Authorize Court Must Authorize
Day to Day Travel X    
Overnight stays for 14 days or less outside of County, but within the United States  

X

If parents, child and their attorneys are in agreement with travel.

(Below for additional requirements)
 
Overnight Stays more than 14 days outside of County, but within the United States    

X

Requires DFCS to notice parties & submit Ex-Parte Application for Order

(see below)
Travel outside of the United States    

X

Requires DFCS to notice parties & submit Ex-Parte Application for Order

(see below)
Trip/Stay of Any length when any party objects to travel    

X

Requires DFCS to notice parties & submit Ex-Parte Application for Order

(see below)

 

    < Return to OPP Table of Contents | ^ Back to Top of Page
   

DFCS Authorization for Travel for 14 days or less in United States

 

The DFCS social worker may authorize travel for 14 days or less within the United States, providing the following conditions are met:

  • Parents/legal guardians and the minor’s attorney must be provided with the location and dates of travel.
  • A plan is developed to reschedule any missed visits, during the travel.
  • There is no objection to the travel by one of the following: parent/legal guardian, minor or attorney for parent/guardian or minor.
Objections by any party require DFCS to file an Ex Parte Application with the Court and notify all attorneys at least five days prior to departure.

 

    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Court Authorization for Travel Outside of the United States, Exceeding 14 days or an Objection to Travel  

When the proposed travel exceeds 14 days or is outside of the United States, the social worker must file an Ex Parte Application and Order to the Court and notify all the attorneys of record and self-represented parties at least five days prior to departure.

  • The Ex Parte Application must include the following information:
      • Destination of travel and travel dates
      • Any anticipated interferences with a current court order
      • Plan for rescheduling missed visits
      • Basis for objection, as applicable, if unknown.

After the social worker receives the report signed by the Court and file stamped by the Court Clerk's Office, the social worker makes a copy of the signed and filed report for the substitute care provider.

The social worker may contact the Court Assistant who covers the Court Department to which the Ex Parte Application is submitted for a status check of the Ex Parte Application.
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Travel for Any Child(ren)

Receiving Family

Maintenance  Services

 

Any child who is the subject of a dependency petition and is in a plan of Family Maintenance may travel to any place in the United Sates, without Court permission, provided that prior notice, including location and dates of travel, is given to the social worker, all parties, and the minor’s counsel, and the social worker is kept apprised of the child’s whereabouts.

Notice of travel should include information regarding the date of travel and location, as appropriate. Although providing notice of travel to the parties, when the child is in the care of a parent or guardian on Family Maintenance Services, is not the responsibility of supervising social worker, the social worker may assistance the parent/guardian in providing notice of travel  to other parties.

If any party objects to the travel, it is the assigned social workers responsibility to file an Ex Parte Application and Order to the Court and notify all the attorneys of record and self-represented parties at least five days prior to departure for review and a Court ruling on the travel request.

.
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Generating an

Ex Parte

Application for

Order in CWS/CMS
 

To generate an Ex Parte Application for Order in CWS/CMS:

  • Go into the child’s case in the CWS/CMS application.
  • Go to the Court Management Section (pink button).
  • Under Hearing Type drop down menu, choose Ex Parte Application & Order
  • Under the Document Options dialog box, choose Travel.
  • Complete the report.
  • Print it out.
  • Submit to supervisor for approval.
  • Provide   48 hour notice to the child’s attorney, the parents and their attorneys using a SCZ170 (updated July 2012)
  • Submit to Court.
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
DFCS Travel Policy for Unaccompanied Minors  

No DFCS client/dependent under the age of 18 is authorized to travel as an ”unaccompanied minor”.

Therefore, clients who are required to travel by airplane out of the general region and are under the age of 18 must be accompanied by an authorized DFCS representative, unless approval is obtained from the DFCS Director or Deputy Director. 

To obtain approval for a child to travel unaccompanied from the DFCS Director or Deputy Director, the social worker:

  • Reviews the plan with the social work supervisor and bureau program manager and obtains their approval of the plan.
  • Prepares a Memo that includes the following elements:
    • Name and age of the child
    • Any previous history of the child's having traveled alone
    • The child's travel itinerary
    • A statement that the social worker will personally confirm the safe arrival of the minor at both destinations, within one hour of scheduled arrivals.
      • Note that this requires the assigned worker to personally confirm the arrival and is not delegated to the receiving parent, relative, foster parent, etc.
      • This statement and action are required for all unaccompanied minor requests, even if the minor has traveled unaccompanied on previous occasions. 
    • Confirmation that the plan was reviewed and approved by the social work supervisor and bureau program manager.

  • Submits the Memo to the DFCS Director or Deputy Director.
    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Contact  

DFCS Travel Coordinator
373 W. Julian Street-5th Floor
San Jose, CA 95110

(408) 501-6805

    < Return to OPP Table of Contents | ^ Back to Top of Page
   
Other References  
PDF Other Reference Text goes here...
    < Return to OPP Table of Contents | ^ Back to Top of Page

[an error occurred while processing this directive]
[an error occurred while processing this directive]