This policy guide was updated from the 03/05/12 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan. The title was changed from "Adverse Court Order/Decision".

POLICY

Adverse Court Orders

There are two (2) categories of "adverse court orders:"

An order which is contrary to a DCFS recommendation and which DCFS believes, if carried out, will jeopardize the safety of a child; and,

An order which adversely affects the administrative and/or operational functioning of DCFS.

This includes, but is not limited to, orders that are contrary to DCFS policy and/or state or federal regulations; and/or, orders that penalize DCFS for the actions or inaction of a CSW and/or DCFS.

The following are a few examples of adverse orders:

The court orders a child placed in the home of a relative whose home was not approved pursuant to Title 22 regulations.

The court orders a child placed out-of-state without the initiation of the Interstate Compact on the Placement of Children (ICPC) or placed in a home that was not approved via ICPC.

The court has sanctioned the Department and or an employee of the Department.

The court orders a child into a permanent plan that is in conflict with the law and or is not in the child's best interests.

An order or decision regarding the purchase of items which DCFS has no means of paying for.

County Counsel should always make an oral objection and argument at the time an adverse court order is made, or prepare a formal written argument with points and authorities presented for the position DCFS is taking. If appropriate, the County Counsel should also request a stay of the court's order. A stay should always be requested when the court makes an order which presents a serious risk to the child. If a stay is not issued, the court's order must be complied with.

Legal Remedy/Legal Relief

Once the court makes an adverse order, County Counsel will, following consultation with Juvenile Court Services (JCS) staff, evaluate the case to determine if legal action can be taken to provide DCFS with legal relief.

County Counsel will consider the following options when considering legal relief:

An application for rehearing may be filed with the court if a referee or commissioner made the order.

An application for rehearing under WIC Section 252 must be filed within ten (10) calendar days of the disputed order or decision, necessitating a five (5) calendar-day time frame for requesting that further legal action be taken on an adverse order or decision.

A motion for reconsideration may be filed with the court within ten (10) calendar days of the order or decision.

If a motion for reconsideration is denied by the court, County Counsel will consult with the Juvenile Court Services ARA to determine if a writ or appeal should be filed with the appellate court.

If it is determined, through consultation between County Counsel and the Juvenile Court Services ARA, that the safety of a child will be jeopardized by a court's order if it is carried out, and that appellate review is warranted, County Counsel will file a writ with the appellate court.

In order for a writ to be filed, DCFS must show that an exigency exists which will endanger the child if the appellate court does not act promptly.

If it is determined through consultation between County Counsel and the Director of Juvenile Court Services that the order will adversely affect the operational and/or administrative functioning of DCFS and/or there is a legal basis for legal relief, County Counsel will file a writ or an appeal with the appellate court.

If the request for a stay or rehearing is denied, the CSW must consult with County Counsel who may consult with the Juvenile Court Services ARA to determine if appellate review is warranted. The decision to file a writ or appeal will be made only by the Director of Juvenile Court Services (DJCS) or their designee.

Disagreements Regarding Legal Relief

If the Director of JCS and the Regional RA are unable to agree on whether or not to seek legal relief, the matter must be referred to their respective Deputy Directors, or their Deputy Directors (f they are in the same bureau). The Deputy Director(s) will confer with each other and their respective staff.

If the decision is made to seek legal relief, the Director of JCS will authorize County Counsel to proceed. If the decision is made not to seek legal relief, the affected Deputy Director will instruct his/her staff to comply with the court's order. In the event an agreement cannot be reached at the Deputy Director level, the matter will be referred to the Director of DCFS for resolution.

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PROCEDURE

Adverse Court Order is Identified

Juvenile Court Services (JCS) CSW Responsibilities

After reviewing the DCFS report, confer with County Counsel and the JCS SCSW regarding the possibility of an adverse order being made and request that County Counsel object to the order, argue against it and request a stay.

If an adverse order is made, immediately notify the JCS SCSW. Also, inform the JCS SCSW if the request for a stay was denied or granted.

Notify the responsible CSW and the SCSW of the adverse order as soon as possible, but no later than the end of the same business day. Confer with the CSW regarding the adverse order and obtain any additional information that can assist in County Counsel's efforts to seek further legal relief.

Document the required information regarding the adverse order on to the JCS' in-house Adverse Decision form and route it to the JCS SCSW by the end of the business day.

JCS SCSW Responsibilities

Retrieve the minute order for the hearing in question.

Confer with the JCS Court Officer, County Counsel and/or Supervising County Counsel regarding the adverse order.

Contact the regional SCSW to discuss the adverse order.

When necessary, confer with the JCS ARA regarding the adverse order.

JCS ARA Responsibilities

Review the case and confer with the JCS SCSW.

Contact the regional ARA to review the case and inform him/her that the case is being reviewed to see if legal relief is possible.

If the determination is made that legal relief should be sought, confer with the trial County Counsel and the Supervising County Counsel in the Dependency Division, regarding the adverse order. Decide if further relief in the Juvenile Court by rehearing or motion to reconsider should be filed.

If after consultation with the Dependency Division, JCS determines legal relief with the Court of Appeal should be sought, request a referral to and consultation with a County Counsel in the Dependency Appeals Division.

Obtain the legal file from the courtroom and review it.

Consult with the regional ARA to review the case.

Consult with appropriate JCS staff regarding case.

If the determination is made that legal relief should be sought, confer with the trial County Counsel and the Supervising County Counsel Dependency Division, regarding the adverse order or decision.

Case-Carrying CSW Responsibilities

Upon being notified of the adverse order notify your SCSW and ARA, as soon as possible, but no later than the next business day and brief him or her on the facts of the case.

If a stay was not issued, the court's order must be complied with until further notice.

Regional SCSW Responsibilities

Review the case and consult with the CSW.

Notify the ARA of the adverse order.

Regional ARA Responsibilities

Review the case and consult with the SCSW and/or CSW.

Contact the JCS ARA who supervises the courtroom where the adverse order was made, and review the case.

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Decision is to Seek Legal Relief

JCS SCSW Responsibilities

Request the Supervising County Counsel, Dependency Division, and the appellate County Counsel, Dependency Appeals Division, to seek legal relief from the order.

Inform the regional ARA that legal relief will be sought.

Regional ARA Responsibilities

Inform the CSW and/or SCSW of JCS' decision and instruct them to comply with the court's order.

Case-Carrying CSW Responsibilities

Document any and all actions taken involving the adverse order or decision by the court in the CWS/CMS Case Notes, and comply with the court's order.

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Decision is not to Seek Legal Relief

JCS SCSW Responsibilities

Inform the regional SCSW why legal relief is not being sought and emphasize that the court's order must be complied with.

Confer with JCS ARA about the case and the region's disagreement with the decision not to seek legal relief when the region disagrees with the decision.

JCS ARA Responsibilities

Confer with JCS SCSW about the case and if necessary, the Supervising County Counsel.

Confer with the Regional ARA about the case and the decision not to seek legal relief.

Regional SCSW Responsibilities

Inform the Regional ARA of JCS' decision not to seek legal relief and remind the CSW to comply with the court's order.

Inform the JCS SCSW that the Regional ARA will review the matter.

Regional ARA Responsibilities

If regional office continues to disagree with JCS' decision, inform the JCS ARA that the Regional RA will review the matter.

Confer with the RA regarding the case and JCS' decision not to seek legal relief.

Inform the CSW and/or SCSW of the RA's decision and instruct them until a stay has been issued, the court's order must be complied with.

Regional RA Responsibilities

If regional office continues to disagree with JCS' decision review the case and confer with the Regional ARA, the responsible SCSW and CSW.

If further information is needed, confer with the JCS ARA and/or the Supervising County Counsel regarding the adverse order or decision.

If regional staff now agrees with JCS' decision, inform the regional ARA of the decision not to seek legal relief and that the court's order must be complied with.

If regional staff still wishes to pursue legal relief, proceed as described below.

Confer with the Director of Juvenile Court Services regarding the matter and the decision not to seek legal relief.

Inform the Regional ARA of JCS' decision and instruct the ARA that until a stay has been issued, the court's order must be complied with.

JCS Director Responsibilities

If regional office continues to disagree with JCS' decision, confer with the JCS ARA and, if necessary, confer with the Supervising County Counsel, Dependency Division, and the appellate County Counsel, Dependency Appeals Division, regarding the adverse order or decision.

If agreement is reached that there is a legal basis to seek legal relief, authorize the Supervising County Counsel, Dependency Division, and the appellate County Counsel, Dependency Appeals Division, to proceed.

Inform the RA that legal relief will be sought, and until a stay has been issued, the court's order must be complied with.

Case-Carrying CSW Responsibilities

Document any and all actions taken involving the adverse order by the court in the CWS/CMS Case Notes, and comply with the court's order until further notice.

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APPROVALS

Regional ARA Approval

Decision to seek or not to seek legal relief

JCS SCSW

Decision to seek or not to seek legal relief

JCS ARA Approval

Decision to seek or not to seek legal relief

JCS Director Approval

Decision to seek or not to seek legal relief

HELPFUL LINKS

Referenced Policy Guides

0100-525.10, Interstate Compact on the Placement of Children (ICPC)

0300-506.05, Communication with Attorneys, County Counsel, and Non-DCFS Staff

Statutes

Welfare and Institutions Code (WIC) Section 252 – States that at any time prior to the expiration of ten (10) days after service of a written copy of the order and findings of a referee, a minor or his or her parent or guardian or, the county welfare department may apply to the juvenile court for a rehearing. That application may be directed to all or to any specified part of the order or findings, and shall contain a statement of the reasons the rehearing is requested. If all of the proceedings before the referee have been taken down by an official reporter, the judge of the juvenile court may, after reading the transcript of those proceedings, grant or deny the application. If proceedings before the referee have not been taken down by an official reporter, the application shall be granted as of right. If an application for rehearing is not granted, denied, or extended within twenty (20) days following the date of its receipt, it shall be deemed granted. However, the court, for good cause, may extend the period beyond twenty (20) days, but not beyond forty-five (45) days, following the date of receipt of the application, at which time the application for rehearing must be deemed granted unless it is denied within that period. All decisions to grant or deny the application, or to extend the period, shall be expressly made in a written minute order with copies provided to the minor or his or her parent or guardian, and to the attorneys of record.

WIC Sections 253 – States that a judge of the juvenile court may, on his own motion order a rehearing of any matter heard before a referee within twenty (20) judicial days of the hearing.

WIC Sections 254 – States that all re-hearings of matters heard before a referee shall be before a judge of the juvenile court and shall be conducted de novo.

WIC Sections 395 – States that a judgment in a proceeding under Section 300 may be appealed in the same manner as any final judgment, and any subsequent order may be appealed from an order after judgment. However, no such order or judgment shall be stayed by the appeal, unless, pending the appeal, suitable provision is made for the maintenance, care, and custody of the person alleged or found to come within the provisions of Section 300, and unless the provision is approved by an order of the juvenile court. The appeal shall have precedence over all other cases in the court to which the appeal is taken. A judgment or subsequent order entered by a referee shall become appealable whenever proceedings pursuant to Section 252, 253, or 254 have become completed or, if proceedings pursuant to Section 252, 253, or 254 are not initiated, when the time for initiating the proceedings has expired.

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