Resolving Detention Disagreements between Field Operations and IDC

0300-303.08 | Revision Date: 07/01/14

Overview

This policy guide outlines how to respond in instances when a field or Emergency Response Command Post (ERCP) CSW’s decision to take one child and not another child into temporary custody is questioned by the Intake and Detention Control (IDC).

TABLE OF CONTENTS

Policy

Detainment and Release Prior to the Detention Hearing

Resolution of Disagreements over Detainment

Procedure

Responding to a Disagreement Regarding a Decision to Release or Detain a Child

Intake and Detention Control (IDC) CSW Responsibilities

IDC SCSW Responsibilities

ERCP Trouble Shooter Responsibilities

ERCP CSW Responsibilities

ER CSW Responsibilities

Agreeing on One or More Children to Remain from Temporary Custody

IDC SCSW Responsibilities

ERCP CSW Trouble Shooter Responsibilities

ER SCSW Responsibilities

ER CSW Responsibilities

Approvals

Helpful Links

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 09/05/12 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan. The title has been changed from Detention/Release: Unifying the Recommendation Prior to Detention Hearing.

POLICY

Detainment and Release Prior to the Detention Hearing

An ERCP or ER Regional case must be approved by the following ERCP or ER staff when one (1) child is placed into temporary custody and one (1) or more other children are released from detention and allowed to remain in the home:

After written approval is given by the ARA that the child(ren) can be released from temporary custody and returned to his/her home, the child(ren) must be released within forty-eight (48) hours from the time he/she was taken into custody.

During further investigation of a case, new information may be uncovered to justify the release of a child, and Intake and Detention Control (IDC) may have already filed a petition. In such a case, the CSW contacts IDC, provides IDC with the new information, and completes and provides IDC with a DCFS 4216, Last Minute Information for the Court. The DCFS 4216 must be faxed to the IDC CSW and/or SCSW (323) 881-0194,   -0195, -0196, -0197, or -0198 and the court liaison (323) 881-3780.

If after reassessing the safety of the child, the ER or the Regional CSW recommends that the child(ren) can remain released from temporary custody or can be returned home, the ERCP Trouble Shooter or respective ER SCSW and ARA must review and approve the plan prior to making the decision to allow the children to remain released

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Resolution of Disagreements over Detainment

At times, field operation and IDC CSWs may disagree on whether or not to take a child into temporary custody. In these cases, SCSWs must attempt to resolve the disagreement. If the SCSWs cannot resolve the disagreement, the respective ARAs must attempt to resolve the disagreement. The Regional ARA must make the final decision on detaining or continuing the release of the child(ren).

Refer to the following table for which SCSWs and ARAs are responsible for resolving disagreements among CSWS concerning the detainment or release of children in temporary custody.

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PROCEDURE

Responding to a Disagreement Regarding the Decision to Release or Detain a Child

Intake and Detention Control (IDC) CSW Responsibilities

1. Inform the IDC SCSW of the possible need either to take one (1) or more children into temporary custody who have been released or to release one (1) or more children who have been taken into custody.

2. Review the facts of the case with the IDC SCSW and ARA, if necessary.

IDC SCSW Responsibilities

1. Review the facts of the case and any information found during the investigation with the IDC CSW.

2. If the case is assigned to the ERCP, contact the ERCP CSW Trouble Shooter.

1. Review the Detention Report.

2. Discuss the following:

• Concerns regarding the case

• Any new information that has been obtained

• Need to detain or to release one (1) or more child

• Prospective outcomes and issues

3. After a decision is made, inform the ERCP CSW Trouble Shooter of the decision.

4. If the case is assigned to a Regional CSW, notify him/her of the following:

• The decision to take the child(ren) into temporary custody

• If applicable, any concerns regarding releasing the child(ren)

ERCP Trouble Shooter Responsibilities

1. Review the facts of the case and any new information obtained by IDC.

2. Consult with the SCSW and ARA who signed the Detention Report.

3. If it is determined that the previously released child(ren) are to be taken into temporary custody, arrange for the ERCP CSW assigned to the case to take the child(ren) into temporary custody prior to the scheduled arraignment and detention hearing.

4. If there is a disagreement with the IDC recommendation, refer to Resolution of Disagreements.

5. Document in the Contact Notebook all contacts with IDC and all the reasons that support taking the child(ren) into temporary custody.

ERCP CSW Responsibilities

1. Take the child(ren) into temporary custody and notify IDC by telephone immediately but no later than by 8:00a.m. on the day before the scheduled detention hearing.

1. Follow up by completing the Detention Report.

2. Fax the report and a DCFS 4216, Last Minute Information for the Court, to  IDC at (323) 881-0146.

2. If the detention did not occur, telephone IDC immediately but no later than by 8:00a.m. on the date of the scheduled detention hearing.

3. Document all contacts with IDC and all new information in the Contact Notebook.

ER CSW Responsibilities

1. Review the facts of the case with the SCSW and discuss any new information obtained during the investigation.

2. Once an agreement is reached between the SCSW and, if necessary, the ARA, notify IDC within two (2) business hours of taking the child(ren) into temporary custody.

3. If a child is taken into custody late in the afternoon and if IDC has not been called by 5:00p.m.:

1. Immediately alert ERCP (213) 639-4500.
2. Call IDC by 10:00a.m. the next business day.

4. Follow-up with IDC.

1. Complete the Detention Report and its supporting documents for each child.
2. Fax the report and its supporting documents to IDC by 5:00p.m. the following business day (323) 881 -0194, -0195, -0196, -0197, or -0198.

5. If there is a disagreement with the IDC recommendation, refer to Resolution of Disagreements.

6. Document in the Contact Notebook all contacts with IDC, including all supporting facts and all new information.

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Agreeing on One or More Children to Remain Released from Temporary Custody

IDC SCSW Responsibilities

1. Notify the IDC CSW of the decision to allow the child(ren) to remain released.

2. Notify the ERCP Trouble Shooter or the ER SCSW of the decision to allow the child(ren) to remain released.

ERCP CSW Trouble Shooter Responsibilities

1. Notify the ERCP CSW of the decision to allow the child(ren) to remain released.

2. Ensure the ERCP CSW completes a second SDM Safety Assessment and home evaluation on the family.

ER SCSW Responsibilities

1. Notify the ER CSW of the decision to allow the child(ren) to remain released.

2. Ensure the ERCP CSW completes a second SDM Safety Assessment and home evaluation on the family.

ER CSW Responsibilities

1. Complete the SDM Safety Reassessment and home evaluation on the family.

2. Document all of the following in the Contact Notebook:

• All contacts

• Result of the SDM Safety Reassessment

• Result of the home evaluation

• All reasons and facts that support allowing the child(ren) to remain released from temporary custody

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APPROVALS

ERCP CSW Trouble Shooter

• Plan for a child to remain or be returned home after the ER CSW has completed an SDM Safety Reassessment

SCSW Approval

• Temporary custody of a child

• Release of a child from temporary custody or for a child to remain released

• Plan for a child to remain or be returned home after the ER CSW has completed an SDM Safety Reassessment

• Detention Report

ARA Approval

• Release of a child from temporary custody or for a child to remain released, prior to the Detention Hearing, when one (1) or more child in the same or in an associated case is taken into temporary custody

• Plan for a child to remain or be returned home after the ER CSW has completed an SDM Safety Reassessment

• Detention report

HELPFUL LINKS

Forms

CWS/CMS

Court Report Addendum

Detention Report

DCFS 4216, Last Minute Information for the Court

Investigative Narrative

LA Kids

DCFS 4216, Last Minute Information for the Court

Referenced Policy Guides

0070-548.20, Taking Children into Temporary Custody

0300-303.15, Writing the Detention Report

0300-503.90, Submission of Last Minute Information to the Court

Statutes

Welfare and Institutions Code (WIC) Section 308 – States, in part, that DCFS will consider whether the child described in WIC 300 can remain safely in his/her residence and that afterwards DCFS may receive and maintain, pending investigation, the child in temporary custody.

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