0300-301.05 | Revision Date: 08/03/18
Overview
This policy guide specifies the requirements and procedures for preparing and submitting petitions.
TABLE OF CONTENTS
Non-Detained Petitions Pursuant to WIC 319
WIC 385 Ex-Parte Application and Order
Filing a WIC 300, 342 or a 387 Detained Petition
Detaining CSW Responsibilities
Filing a Non-Detained Petition
Filing a Non-Detained Petition Pursuant to WIC 319
Filing an Application for a Change of Order Per WIC 385
Case-Carrying CSW Responsibilities
Amending a Petition Before Adjudication
Case-Carrying CSW Responsibilities
Court Liaison Responsibilities
Filing a WIC 388 Petition to Resume Jurisdiction Over a Nonminor Youth's Case
Juvenile Court Services Liaison Responsibilities
Version Summary
This policy guide was updated from the 12/09/15 version, to include a new requirement per Juvenile Court that requires County Counsel to review and sign the JV 180 when filing 388 Petitions. Also, instructions for the IDC Petition Filing Tracking System were added.
In Juvenile Dependency Court, a petition is a request made by DCFS asking the court to intervene in the parent/child and legal guardian/child relationship and place some restrictions on a parent's and legal guardian's rights for the protection of a child.
The filing of the petition document starts the proceedings in Juvenile Court, which will determine whether or not the court will take jurisdiction over a child, or impose further restrictions on the parents of an already dependent child.
If a child is taken into temporary custody either under Welfare and Institutions Code (WIC) Sections 300 or 342 or 387, a petition must be filed within 48 judicial hours of the child's detention, excluding non-court days. The detention hearing must be held by the court the next judicial business day from the date the petition is filed. During such a hearing, the court determines whether the child shall remain detained.
WIC Section 300 describes the circumstances under which the court may take jurisdiction over a child:
WIC 300, 342 and 387 detained petitions are filed by Intake and Detention Control (IDC). The petitions must be filed within 48 hours (two court days) of the date and time of removal from the parent, relative or legal guardian or visitation rights have been limited by DCFS.
CSWs must consult with their outstation County Counsel to determine the appropriateness of filing a non-detained petition. WIC 300, 342 and 387 non-detained (where there is no issue of immediate risk to the children) petitions are filed by IDC once the regional CSE provides a detention report to IDC. Non-detained petitions may be filed at any time when the investigation of a petition request or the supervision of a family leads to the conclusion that the safety and protection of a child requires judicial intervention, but the child has not been removed from the custody or any parent or legal guardian.
This petition is filed when the child remains in the home of a parent/legal guardian at the time of the filing, but DCFS is requesting that the Court order the removal of the child at the Detention Hearing. This is usually done when the Court denies a warrant request for removal of the child, but a denial is not necessary to file.
A WIC 342 petition is filed when new facts or circumstances are alleged other than those under which the original (WIC 300) petition was sustained, sufficient to state that the child is a person described in Section 300 based on the new facts and circumstances.
A WIC 342 petition may also be filed after the adjudication of the petition and at or after the disposition hearing, if the court has ordered that the child be released to the parent(s) and the petitioner (DCFS) has reason to believe that the child is or once again, described by section 300(a), (b), or (e).
A WIC 385 Ex-Parte Application and Order is filed when asking the Court to change, modify or set aside a court order for the protection and safety of a child. It is filed by the regional CSW. Follow steps outlined in Requesting a Change of Order Pursuant to WIC 385.
A WIC 387 petition seeks an order for the removal of a dependent child from the custody of a parent, legal guardian, relative and placement of the child in a more restrictive setting. DCFS Intake and Detention Control (IDC) staff is responsible for filing all 387 detained petitions.
A non-detained WIC 387 petition which seeks an order to place a dependent child in a similar setting is filed by IDC once the regional CSW provide a non-detained report to IDC (i.e., for situations when the court has ordered that the child not be removed until the matter comes before the court).
Any parent or other person, including DCFS, having an interest in a child who is a dependent child of the juvenile court or the child himself or herself through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to Section 360 for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child, shall state the petitioner's relationship to or interest in the child and shall set forth in concise language any change of circumstance or new evidence, which are alleged to require the change of order or termination of jurisdiction.
The petition requires the signature of an attorney where parties are represented by counsel. County counsel are to review and sign the JV 180 before they are submitted to court.
WIC 388 petitions are filed by DCFS under, but not limited to, the following circumstances:
Foster youth who meet the EFC Re-Entry Eligibility Requirements may petition the court to reinstate dependency and participate in the DCFS Extended Foster Care (EFC) Program. When the youth signs the SOC 163, Voluntary Re-entry Agreement for Extended Foster Care, DCFS has fifteen (15) judicial days within which to file a WIC 388(e) EFC Re-entry Petition on the youth's behalf. The youth also has the option to file the WIC 388(e) EFC Re-entry petition on his/her own.
Once the court reviews the WIC 388(e) EFC Re-Entry Petition and determines that a prima facie showing has been made, a court date will be set within fifteen (15) judicial days of the petition filing. The Judicial Council Juvenile Court Forms, JV-466 and JV-468, with original signatures are required for the WIC 388(e) petition filing.
Additional forms that must be attached to the petition include the:
Amended petitions allege new instances or types of abuse or neglect which were not included in the original petition prior to the original petition being adjudicated (sustained). Amended petitions may be filed on new 300 petitions or any supplemental petition, but they can only be filed before the adjudication of the 300, supplemental (387) or subsequent (342) petition.
Petitions may be amended as a result of new evidence of abuse or neglect only. Amended petitions are not to be used for adding a sibling to the existing petition. A new 300 petition is required to file on a sibling.
Detaining CSW Responsibilities
CSW Filing Non-Detained Petition Responsibilities
Case-Carrying CSW Responsibilities
For new filings of a WIC 300 petition it will be the responsibility of the Dependency Investigator to amend the petition. For WIC 342, and 387 petitions it will be the responsibility of the Case-Carrying CSW to amend the petition.
CSW Responsible for Amending the Petition Responsibilities
Case-Carrying CSW Responsibilities
WIC 388 petitions require the approval of the Hearing Officer before they are calendared. The Court will decide whether they will grant a hearing on the 388 petition. Therefore, IDC cannot calendar these cases. These cases go through the Court Liaison Unit.
Court Liaison Responsibilities
BASIC RE-ENTRY TIME FRAMES |
DCFS must file 388 Petition within 15 judicial days of the date the SOC 163 is signed. Note: The court will only accept the Judicial Counsel Juvenile Court Forms, JV-466 and JV-468 for this filing. |
L.A. County Juvenile Court/Dependency Court must receive the Petition within 5 days of its submission in the juvenile court where the youth resides (if in another CA County). |
L.A. County Court must order that a hearing be held within 15 judicial days of the date the petition was filed. Note: There must be a prima facie showing that the youth meets the criteria listed in 388(e)(2)(A)(i-iii) within 3 court days of the filing). |
DCFS will have to prepare a 388 report and submit to the court for the hearing. |
DCFS will have 60 days to submit a new TILP to the court once jurisdiction is reinstated. |
Juvenile Court Services Liaison Responsibilities
CWS/CMS Release 6.6 Code Table Values for Extended Foster Care Re-Entry Documentation
Guidelines for Court Clerk When Re-Entry Youth Requests to File Re-Entry Petition
State of California Sample Timeline for Processing Re-Entry Case
Time Frames for Submission of Detention Reports to IDC
Medical Hub Services Recommendation
Court Addendum
Detention Report
Ex Parte
JV 100, Juvenile Dependency Petition
JV 120-129, Petition Allegations (300 Subdivisions A-J)
JV 150, WIC 387 Supplemental Petitions Allegations
JV 245, Application and Declaration for Restraining Order
JV 180, WIC 388 Petition Allegations
JV 464-INFO, How to Ask to Return to Juvenile Court Jurisdiction and Foster Care
JV 466, Request to Return to Juvenile Court Jurisdiction and Foster Care must be completed and filed in court
JV 468, Confidential Information-Request to Return to Juvenile Court Jurisdiction and Foster Care
JV 470, Findings and Orders Regarding Prima Facie Showing on Nonminor's Request to Reenter Foster Care
JV 472, Findings and Orders After Hearing to Consider Nonminor's Request to Reenter Foster Care
SOC 161, Six-Month Certification of Extended Foster Care Participation
SOC 163, Voluntary Re-entry Agreement for Extended Foster Care
JV-100, Petition Face Sheet
JV-182, Confidential Information (Request to Change Court Order)
JV-183, Court Order on Form JV-180, Request to Change Court Order
JV-184, Order After Hearing on Form JV-180, Request to Change Court Order
SOC 161, Six-Month Certification of Extended Foster Care Participation
SOC 163, Voluntary Re-Entry Agreement for Extended Foster Care
JV-464-INFO, How to Ask to Return to Juvenile Court Jurisdiction and Foster Care
JV-466, Request to Return to Juvenile Court Jurisdiction and Foster Care
JV-468, Confidential Information-Request to Return to Juvenile Court Jurisdiction and Foster Care
JV 470, Findings and Orders Regarding Prima Facie Showing on Nonminor's Request to Reenter Foster Care
JV 472, Findings and Orders After Hearing to Consider Nonminor's Request to Reenter Foster Care
0100-535.25, Extended Foster Care (EFC) Program
0100-535.65, Extended Foster Care: Re-Entry of Nonminor Former Dependents
0300-303.15, Writing the Detention Report
0300-306.05, Noticing Process for Juvenile Court Proceedings
0300-503.30, WIC 385: Requesting a Change in Order
0300-503.41, WIC 388 Petitions: Response Report
ACL 12-12 - Re-Entry into Extended Foster Care (EFC)
California Rule of Court 5.906 - Request by nonminor for the juvenile court to resume jurisdiction.
California Rules of Court 5.668 (a) - Recognizes non-detained petitions in our court process.
California Rules of Court 5.670 (a) - States that if the social worker does not take the child into custody but determines that a petition concerning the child should be filed, the social worker must file a petition with the clerk of the juvenile court as soon as possible. The clerk must set an initial hearing within 15 court days.
Welfare and Institutions Code (WIC) Section 300 – Describes the circumstances under which the court may take jurisdiction over a child:
WIC Section 306 (b) - States that a social worker shall consider whether the child can remain safely in their residence with reasonable services before taking a minor into custody.
WIC Section 309 - Mandates an investigation and determination of the need for continued detention and contemplates that a child could have a petition filed on their behalf without the need for detention if there are available services to ameliorate the danger to the child.
WIC Section 311 – States in part that if the probation officer determines that the minor shall be retained in custody, he or she shall immediately file a petition pursuant to Section 332 with the clerk of the juvenile court who shall set the matter for hearing on the detention hearing calendar.
WIC Section 315 – States in part that if a minor has been taken into custody, the juvenile court shall hold a hearing to determine whether the minor shall be further detained.
WIC Section 319(a) – States that at the initial petition hearing, the court shall examine the child's parents, guardians, or other persons having relevant knowledge and hear the relevant evidence as the child, the child's parents or guardians, the petitioner, or their counsel desires to present.
WIC Section 332 (g) - Contemplates that a child may be detained or not detain in custody at the time a petition is filed.
WIC Section 334 - States that a hearing on the petition must be held within 30 days of filing unless the child is detained, in which case the hearing must be held within 15 judicial days.
WIC Section 342 – States that a subsequent petition shall be filed if the petitioner alleges new facts or circumstances, other than those under which the original petition was sustained, sufficient to state that the minor is a person described in Section 300.
WIC Section 361.5(a)(1)(C) – States that any motion to terminate court-ordered reunification services prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by paragraph (1), or within six months of the initial dispositional hearing for a child described by paragraph (2) or this paragraph, shall be made pursuant to the requirements set forth in subdivision (c) of Section 388.
WIC Section 385 – States that any order made by the court in the case of any person subject to its jurisdiction may at any time be changed, modified, or set aside, as the judge deems meet and proper, subject to such procedural requirements as are imposed by this article.
WIC Section 387 – States that an order changing or modifying a previous order by removing a child from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private or county institution, shall be made only after noticed hearing upon a supplemental petition.
WIC Section 388 – States that any parent or other person having an interest in a child who is a dependent child of the juvenile court or the child himself or herself through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to Section 360 for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court.
WIC Section 388(e) - Sets forth the requirements for resuming juvenile court jurisdiction over for whom the court dismissed dependency/delinquency/transition jurisdiction but who have been retained under general jurisdiction per WIC Section 303. This includes all time frames for submission of petitions, hearing dates, court reports, findings and orders. Describes circumstances under which the nonminor dependent must agree to a background check pursuant to WIC Section 16504.5.