POLICY

Criminal Record Clearance and Exemption Transfers for Relatives and Nonrelative Extended Family Members (NREFM)

Recommending the Intercounty Transfer (ICT) for Non-SCITP Counties

Recommending a Transfer under the Southern California Intercounty Transfer Protocol (SCITP)

SCSW Responsibilities

Verifying the Transfer of Jurisdiction to the Receiving Court

Providing the Receiving County Access to CWS/CMS and Agency File Copies

Receiving a Court Ordered Case from another County

SCSW Responsibilities

SCSW Responsibilities

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 12/09/2015 version to incorporate the January 1, 2017 revisions to California Court of Rules 5.610, 5.612 and 5.613 and new Judicial Forms JV-548, JV-550, and JV 552. In addition, this policy guide was updated to incorporate the April 3, 2017 revisions to the Southern California Inter-county Transfer Protocol which requires the use of the new Judicial Council Forms. Finally, this policy guide was also updated to reflect current practice and instructions from the Statewide Intercounty Protocol for Resource Family and Emergency Placements regarding receipt of subsequent arrest notification, and to clarify some of the transfer criteria.

POLICY

Intercounty Transfer

Intercounty Transfer (ICT) is the process of formally transferring a juvenile dependency or delinquency court case between counties within the State of California. The ICT process allows court supervised child welfare service cases to be transferred to other counties, under certain conditions set forth by the California Rules of Court and the California Welfare and Institutions Code (WIC).

Transfers may occur when the transferring court determines that all of the following conditions apply:

The child's parent, legal guardian or nonminor resides in the proposed receiving county; and

The transfer is in the child's or NMDs best interest; and

The level of services required by the child and family, or NMD, can be met in the proposed receiving county.

Prior to the transfer request, a face-to-face contact with the family is required to verify the family's address. Verification by the transferring county is required to ensure that:

The residence is stable; and

The family intends to remain at the residence; and

That the family has resided at that residence for at least 30 calendar days.

The ICT does not apply to DCFS Supervised cases involving Voluntary Family Reunification (VFR) Agreements or Voluntary Family Maintenance (VFM) Agreements.

Southern California Intercounty Transfer Protocol

The Southern California Intercounty Transfer Protocol (SCITP) applies to transfers between six (6) participating counties that include:

Imperial
Los Angeles
Orange
Riverside
San Bernardino
San Diego.

When there is a transfer, the CSW must contact the assigned Trial Attorney County Counsel or the Outstation County Counsel to initiate the transfer request. The County Counsel Trial Attorney is responsible for completing and filing a formal motion using the JV 548, Motion for Transfer Out form.

The JV-548 form is used for all transfer motions regardless of whether or not the transferring and receiving counties are participating in the Southern California Inter-County Transfer Protocol.

For cases transferred under the SCITP, the transferring county is responsible for verifying a child, family or NMDs residence. If the residency cannot be verified, the social worker in the transferring county can request assistance from the receiving county.

When assistance is requested and the receiving county agrees to verify the residence, the receiving county social worker should:

Acknowledge receipt of the request by email within one (1) business day.

Make every effort to complete the request within seven (7) days.

Make a face-to-face contact to verify the residence and obtain a telephone number.

Determining County of Residence

Jurisdiction of a case may be transferred to another California County if is determined that the legal residency of the child is in another county. The residence of the child is determined as follows for all Intercounty Transfers and transfers under the SCITP:

The residence either of the parent with whom a child lives .

The parent must reside at least 30 continuous days at a new home address with the intent to remain in that county, to consider it a residence.

If the custodial parent is subject to frequent moves and is highly unstable, the transfer should not occur.

The residence of the Legal Guardian.

The residence of the parent who had legal physical custody of the child before the case came into the dependency court system.

If the child has been declared permanently free from the custody and control of his or her parents, his/her residence is the county where the court issuing the order is located.

If the residence of the child is not determined, the county in which the child is living, if and when the child has had a physical presence in the county for at least one year.

The county where an abandoned baby is found.

If a nonminor dependent (NMD) under the dependency or transition jurisdiction of the juvenile court is placed in a planned permanent living arrangement or Another Planned Permanent Living Arrangement, the county in which the nonminor dependent is living, if and when the nonminor dependent has had a continuous physical presence in the county for at least one year as a nonminor dependent and expressed his or her intent to remain in that county.

If a NMD’s dependency or transition jurisdiction has been resumed by the juvenile court as a result of the filing of a petition, the county in which the NMD is living at the time the petition was filed, if and when the nonminor dependent establishes that he or she has had a continuous physical presence in the county for twelve (12) consecutive months and has expressed his or her intent to remain in that county.

The period of continuous physical presence in the county shall include any period of continuous residence in the county immediately prior to the filing of the petition.

Timing of Transfer

The dependency court can consider a request to transfer a case to another county before or after it holds the disposition hearing. However, a request to transfer a case to another county prior to the conclusion of the disposition hearing must show that:

There is good cause for the hearing to be continued, and

Exceptional circumstances exist justifying the dispositional hearing being scheduled more than 60 days after the child was ordered removed and detained.

A case should not be transferred prior to the disposition hearing if more than 120 days have passed since the date of removal.

Absent extra-ordinary circumstances, a case shall not be transferred out less than 90 days prior to the next scheduled status review hearing.

Pre-Jurisdiction Exception for Intercounty Transfer Protocol Counties

Counties participating in the Intercounty Transfer Protocol may request and consider a case transfer before the jurisdictional hearing if unusual circumstances exist, including but not limited to:

A lengthy trial which would require transcript review by the receiving county.

Any other complex legal/factual circumstances.

Should one of the above exception applies, the assigned Dependency Investigator will make the transfer request.

Post-Dispositional Hearing Cases

Post-Dispositional Hearing Cases must not be recommended for transfer when:

A 6-month hearing is scheduled within 90 days from the date the transfer is requested.

A WIC 366.26 or Family Code 7820 hearing has been scheduled.

An appeal of a WIC 366.26 or Family Code 7820 hearing is pending.

Parental rights have been terminated.

Applicable Title IV-E findings have not been made within the last 12 months.

The child’s foster care case is county only paid (aka GRI). This includes cases where a “patch” is paid above the group home RCL payments. There may be extraordinary situations which may make this an option. Such a decision will be made by the mutual agreement of both the director/director’s designee of the transferring county and the receiving county.

A jurisdictional hearing has not been completed.

Transfer Request after Family Reunification is Terminated

Cases should not be transferred to another county where reunification services to the parents have been terminated and a Section 366.26 hearing has not yet been completed. For counties participating in the SCITP, a transfer-out motion should not be filed unless the social workers in both counties agree that the transfer is in the child's best interest and that there are appropriate services available in the receiving county.

Absent a joint recommendation, the position of each agency must be reflected in the transfer-out motion. If the motion is filed by a child or parent's attorney, the social worker should file a report with the court prior to the hearing on the transfer-out motion.

Probation or Dual Status Youth

If a dependency case is transferred involving a youth who is already a delinquent child or dual status youth in the receiving county, the receiving court should make the 241.1 determination after the case has been transferred.

Nonminor Dependents (NMDs) Case Transfers

Consider whether an ICT is in the NMD’s best interest and will support the NMD’s successful transition to adulthood. If the NMD is under Dependency Court supervision for twelve (12) consecutive months and wants his/her case transferred, the NMD must

Request and/or consent to the transfer of jurisdiction and the transfer must protect or further the nonminor's best interests

Have resided within the other county as a NMD for twelve (12) consecutive months (stability of placement). The residence of a nonminor may be verified by declaration of the social worker or probation officer in the transferring or receiving county.

Not reside in a group home placement.

Have a connection to the community (employment, school, etc.).

Maintain a connection with person(s) significant to the NMD.

Want to remain in extended foster care.

An ICT must not be recommended if one or more of the following exist:

The youth has not resided within the county for twelve (12) consecutive months as a NMD.

The NMD no longer meets participation criteria and is not AFDC-FC eligible.

The NMD resides in a group home.

The NMD has a plan of Adult Adoption or Tribal Customary Adoption.

FR services are being provided to the parents of a NMD.

The youth is 17.5 years of age through age 18.

Case Management and Service Provision Responsibility

The transferring county retains all case management and service provision responsibility until it has verified the case has been accepted by the receiving court, and received and filed by the receiving court clerk. Once the case is received and filed by the receiving county's court, it comes under that county's jurisdiction. To ensure child safety and the continuation of services during the ICT process, the transferring CSW must continue providing services until the receiving county has formally accepted the case and assigned a CSW in the receiving county.

The transferring county caseworker is responsible for making the face-to-face contact with the child for the calendar month the transfer request is requested and approved in CWS/CMS. If a case is accepted and immediately transferred back, the transferring county is responsible for all mandatory face-to-face contacts unless arranged with the receiving county. The following chart lists other scenarios and the agency responsible for completing the follow up tasks pending completion of the transfer process.

Required Service	Responsible Agency and Timeframe
When a child/youth is referred for allegations of child abuse, neglect and/or exploitation while residing in a different county.	The Social Service/Child Protective Services (CPS) agency within the host county where the child is located/found, is responsible for Emergency Response (ER) in-person investigations if they assess that the referral requires an immediate response.
When the child resides in a relative or nonrelative extended family member (NREFM) home and an annual reassessment is due.	If the annual reassessment is due within 60 calendar days from the date of the planned transfer request, the transferring county will ensure that the reassessment is completed prior to giving primary assignment to the receiving county.
If a child is placed in a facility that is not contracted with DCFS.	The receiving agency is responsible for completing the Special Placement approval process.
* Non-contracted placements are flagged with a "Hold" status in CWS/CMS and cannot be generated/updated. The hold may be removed by the Out-of-Home Care Management Division (OHCMD) once the DCFS 4213, Special Placements and 1:1 Service Request form has been processed and approved.

If a child is moved during the transferring process, notify the receiving county immediately and send a new case plan.

When There is No Juvenile Court Dependency:

Since there is no juvenile court dependency, the intercounty transfer process described in the rest of this guide does not apply. Staff shall follow the following procedures when youth/families move to another county:

Non-court Non-Related Legal Guardians (NRLG) Receiving AFDC-FC funding, Probate Legal Guardianship cases and Nonminor Youth receiving age extended benefits after turning 18/19 years old

The CSW shall immediately notify the Technical Assistant (TA)/Eligibility Worker (EW) about the intercounty move or out of county residence via a DCFS 280 and planned case closure, so the Eligibility Section can determine the appropriateness of and if applicable, process the transfer of the foster care eligibility portion to the new county of residence. As appropriate, the EW will contact the CSW when to close out the case.

If guardians want to receive funds in the county of residence, he or she must call the county of residence so a new case is opened in that county.

Voluntary Family Maintenance (VFM) or Voluntary Family Reunification (VFR) Cases

If a family receiving VFM or VFR services moves to another county, the case is closed. If necessary, a referral to the Child Protection Hotline is made to the other county.

PROCEDURE

Determining the Appropriateness of an Intercounty Transfer (ICT)

Case-Carrying CSW Responsibilities

Verify the family/NMDs residence prior to submitting a recommendation to the court to transfer the case.

Conduct a face-to-face contact to verify the residence.

If assistance is required for verification of a residence in a non-adjacent county, contact the receiving county for assistance and request written verification of the address of the parent who has or is legally entitled to custody of the child, the Legal Guardian or the NMD.

Request one of the following documents to substantiate the residence:

Signed lease/rental agreement

Utility bill

School registration

A signed declaration from the adult with whom the parent/legal guardian or NMD is residing

Request Courtesy Supervision if it is not already being provided.

If the receiving county does not agree to courtesy supervision pending acceptance of ICT, document in Case Notes the ongoing efforts to obtain courtesy supervision and the plan for completion of the face-to-face contacts. Maintain required contacts with the parent/child and/or caregiver.

For a residence in a county participating in the Southern California Intercounty Transfer Protocol, refer to the SCITP section.

Document verification of residence in CWS/CMS.

If the receiving county case worker verified the residence, document the caseworker's information, the date and means used to verify the residence.

Consider the following when deciding upon an ICT:

Whether the transfer is in the child’s best interest and supports permanency.

If either parent is living in the home with a child placed with relative caregiver, advise the parent that the caregiver may no longer be eligible for payment.

Whether the level of services the child and family need can be met if the case is transferred to another county.

The costs for services being provided to a child and family.

This should be discussed between counties and responsibility for the ongoing costs should be clarified.

To determine if the transfer of a Permanent Placement (PP) case is appropriate, consider the following:

The child’s age – The transfer may not be in the child’s/youth's best interests if the child may emancipate soon and has resided in the other county less than one year.

The length and stability of the child’s placement – The transfer may be in the child’s best interests (unless it is a group home placement) if the child has resided in a stable placement in the other county for twelve months and there has been infrequent or no contact with the parents.

It is not acceptable to transfer a PP youth currently residing in a group home or institution.

The case plan – The transfer may not be in the child’s best interests if the CSW is recommending legal guardianship or adoption or a second period of FR that will occur soon.

The relationship between the child and CSW – This combined with the CSW's knowledge and history with the case may indicate that the case should remain with Los Angeles county.

Possibility of reunification: If reunification appears unlikely or contacts with the parents have been low, a transfer to the county where the parent lives may not be in the child’s best interest.

The child’s completion of his/her treatment goals and whether he/she has been placed in a lower level of care (e.g. foster home, relative or guardian).

Whether the transferring county has authorized any supplemental placement costs (e.g., a "Patch") that require county funds.

Whether or not a relative or NREFM is receiving a Special Care Increment (SCI): A move to another county would adjust the SCI as rates are particular to each county.

When requesting a transfer of a case involving a nonminor dependent (NMD):

Work with the NMD to develop, sign, and complete all required documents and actions (e.g.: Mutual Agreement, Transitional Independent Living Case Plan).

Ensure that all required documents are current, signed and in CWS/CMS (e.g.: SOC 161, Case Plan Update).

If the NMD is subject to a dual status case, the individual counties should consult on a case-by-case basis.

Criminal Record Clearance and Exemption Transfers for Relatives and Nonrelative Extended Family Members (NREFM)

Prior to requesting that a court case be transferred to another county, the caregiver and all adults in the home where the child is placed, must have an active status at the Department of Justice (DOJ). The original approval agency is still authorized to receive subsequent criminal history information from DOJ and has not made the caregiver or any of the adults residing in the home inactive by returning a BCIA 8302, No Longer Interested, form to DOJ.

Per the Statewide Intercounty Protocol for Resource Family Approval and Emergency Placements, which ever county does the approval of the resource family is responsible for all subsequent activities related to the supervision and investigation of the resource family. This includes the receipt of criminal sub-arrest notification and any indicated action, and if the host county is the approving county, the host county shall notify the placing county of any complaints or sub-arrest notifications and any actions taken against the resource family.

CSW Responsibilities

If the home was not approved or has not been re-assessed under the Resource Family Approval process, the receiving county must ensure that all adults in the home are immediately Live Scanned with subsequent arrest notification (rap back) established.

The receiving county has the discretion whether to accept a transferring county’s exemption and is responsible for the cost of processing each request.

Recommending the Intercounty Transfer (ICT) for Non-SCITP Counties

Case-Carrying CSW Responsibilities

Within 30 days of verification of the parent’s residence and intent to reside, submit a recommendation to the court that the case be transferred. If a hearing is scheduled within that time frame, include the recommendation in the current court report. If there is no scheduled appearance, submit a walk-on report.

Notice to the hearing for the parties should include the report with the recommendation to transfer the case to another county.

Within 30 days of verification that a nonminor dependent meets all of the criteria noted above, submit a recommendation to the court that the case be transferred.

If a hearing is scheduled within that time frame, include the recommendation in the current court report. If there is no scheduled appearance, submit a walk-on report.

Notify the TA/EW of the recommendation for ICT and the date that recommendation will be made to Court.

Contact the assigned Trial Attorney County Counsel or Outstation County Counsel to file with the court a completed JV-548, Motion for transfer Out form. County Counsel should also prepare a proposed order on either the JV-550 or JV-552 form depending on whether the dependent is a Nonninor Dependent. The following information should be addressed:

Petitioner: name, address, phone and fax

Court: county, address, branch name

Case number

Child’s name and date of birth

Hearing date and department

Child’s residence address

FC 18 and DCFS 4213, if applicable

The JV-548 should also include the written recommendation to the court, providing justification and a legal basis for the transfer recommendation.

Ensure that the residency criteria have been satisfied and best practice considerations have been taken into account.

Document services provided and necessary ongoing services in the Court Report and on CWS/CMS.

Inform the caregiver(s) and/or parent(s) that service levels and/or foster care rates may change.

Advise relatives or NREFM receiving a Special Care Increment (SCI) that they will receive the SCI rate paid by his/her new county of residence.

Document this conversation in the Contact Notebook.

Utilize the DCFS 4366 as a guide to ensure that all required CWS/CMS and hard-copy documents are completed and in the case file prior to transfer.

If the child resides in a NFEFM home, complete any annual assessments due within 60 days from the date of the planned transfer prior to giving primary assignment to the receiving county.

SCSW Responsibilities

Review the justification and legal basis for the recommendation to transfer to another county.

If the transfer recommendation is appropriate, approve the court report.

If not appropriate, case conference with CSW and develop a more appropriate plan.

Recommending a Transfer under the SCITP

Case-Carrying CSW Responsibilities

Verify the parent, the legal guardian's or NMDs residence via a face-to-face contact and verify his/her intent to remain at the residence.

Obtain supporting documents verifying the residence .

If documentation is not available, obtain a signed declaration or affidavit from the adult with whom the parent, legal guardian or NMD will be residing.

Document verification of residence and supporting documents obtained on CWS/CMS.

If residency cannot be verified, contact the designated social worker/staff in the receiving county listed on the Southern Region Children’s Services ICT Contact List and request assistance in verifying residency.

Inquire from the receiving county SCITP liasion/representative about services available to meet the child, youth and/or family's needs.

After verifying the residence:

Contact the County Counsel Trial Attorney assigned to the case or the Outstation County Counsel and request assistance with the motion and transfer request.

Verify with the County Counsel Attorney if they will be providing notice to the parties, if not, it is the CSWs responsibility to provide notice.

Inquire from the County Counsel Attorney if the child/youth is required to attend the Transfer-Out Hearing. If so, arrange transportation.

In addition to general case information, provide the following information to the attorney preparing the transfer-out motion:

Name of the last school and school district the child/youth attended

Whether there is an IEP on file for the child

Current and proposed education rights holder

Whether the child has been prescribed psychotropic medication

Verifying the Transfer of Jurisdiction to the Receiving Court

Case-Carrying CSW Responsibilities

In ten (10) court days after the Transfer-Out Hearing, verify that the case has been received by the receiving county’s Court Clerk by doing one of the following:

Contact the LA County Dependency Court ICT Transfer Desk Clerk and provide the following information:

Case Name

Court Number

Department Number

Original Petition Date

Date the case was ordered transferred to the Receiving County

Contact the Receiving County Dependency Court ICT Transfer Desk Clerk.

For cases transferred to one of the Southern California Counties contact the Dependency Court ICT Transfer Desk Clerk.

If none are listed, contact the ICT Coordinator/Contact by referring to the Southern Counties ICT Contacts List and provide the information listed in step 1(a) above.

Providing the Receiving County Access to CWS/CMS and Agency File Copies

Case-Carrying CSW Responsibilities

CWS/CMS allows the electronic transfer of case information from one county to another.

Within one (1) business day of the transfer-out court order, add the receiving county code's to CWS/CMS to allow both the sending and receiving counties access to the system.

Upon verification that the receiving county Court Clerk has received and filed the case, document it in CWS/CMS.

Within seven (7) court days after the transfer-out hearing, send a copy of all the documents in the original case file that are not in the CWS/CMS system, to the receiving county.

The following documents should be in reverse chronological order with the most current document on top:

Confidential address information

Correspondence from counselors

Health and education passport information

Home study reports

Individual Education Plan

Treatment Provider reports

Continue providing services until the receiving county has accepted the case and assigned a CSW in the receiving county.

Alert the receiving county by telephone to any extremely difficult cases or special needs of the child or family.

If applicable, follow procedures for Criminal Record Clearance and Exemption Transfers for Relatives and Nonrelative Extended Family Members (NREFM).

SCSW Responsibilities

Review the request for transfer.

If approved, record the approval status to transfer the case to the receiving county.

Notify the CSW of approval or request corrective action if necessary.

Record an end-date on all secondary assignments except for the EW’s assignment when a child is in out-of-home placement. Verify that the TA has been notified of the ICT of a child in out-of-home placement.

Within one (1) business day of the transfer-out order, transfer primary assignment of the case to the ICT inbox caseload of the receiving county.

On the Assignment page of the case, there should be an office called 'ICT Office' or, if there is only one office in the county, a unit called the 'ICT Unit.' Within that, there is a caseload called the ‘Inbox caseload’ for the receipt of incoming ICTs.

If the receiving county does not have an ICT inbox, telephone the receiving county’s ICT Contact or Coordinator listed in the ICT Contact List.

Complete the Assignment page of the Case Information Notebook with the information obtained.

Once jurisdiction has been accepted by the receiving county, the CWS/CMS case will be electronically transferred within five (5) business days. To complete the transfer, adhere to the following steps:

After verifying that the transferred case has been filed and received by the receiving court, give the receiving county primary assignment.

If no further court reports are due, end-date the Juvenile Court number when giving the receiving county primary assignment.

If additional court related documents need to be completed county, leave the Juvenile Court number open and request secondary assignment back to end Juvenile Court number later.

If necessary, maintain secondary assignments on transferred cases. Secondary assignment may be needed for the following reasons:

For payment issues

Because caregivers and service providers are calling

End secondary assignments on CWS/CMS as soon as they are no longer needed.

Receiving a Court Ordered Case from another County

SCSW Responsibilities

Upon receipt of a case in the CWS/CMS inbox, verify that jurisdiction has been transferred:

If jurisdiction has not been transferred, contact the transferring county ICT Coordinator and return the case until jurisdiction has been transferred.

If jurisdiction has been transferred, review the case.

If a child is in placement, complete and submit a DCFS 280 indicating an incoming ICT. Include the FC 18, Notification of AFDC-Foster Care Transfer, and any related eligibility documents.

Determine whether or not the child is placed in a facility, group home or FFA that is contracted by DCFS.

If the placement is not contracted by DCFS, direct the assigned CSW to submit a completed DCFS 4213 form.

Utilize the DCFS 4366, Children's Services Case Transfer Check Sheet and the guidelines for sending transfer cases to ensure ICT transfer requirements are in compliance.

Assign to a CSW.

Notify the new CSW of all items missing from the case and collaboratively make a plan for their completion.

Determine if a DI assignment is needed (e.g., disposition report needed). If needed, complete a secondary assignment to the appropriate DI.

Upon receipt of the Transfer-In Hearing Minute Order, the legal file, and/or any hard-copy documents from the SAAMS Unit:

Review the documents.

Take any necessary action, including if applicable, the required livescan to ensure receipt of the sub-arrest notification.

Forward all documentation to the Case-Carrying CSW.

Case-Carrying CSW Responsibilities

Whenever a CSW is newly assigned to a case, the parent(s)/legal guardian(s) and caregiver(s) must be provided with the name of the CSW within ten (10) calendar days of receipt of the case. Although actual written notification (DCFS 2221) is to be sent by the Unit Clerk within ten (10) calendar days of receipt of the case, it is the responsibility of the newly assigned CSW to ensure that proper notification has been given.

Follow established procedures for review of a newly assigned case, including but not limited to:

Conduct an initial visit.

The receiving CSW has 10 calendar days from electronic assignment, within which to have the initial face-to-face contact.

If the child is in a facility/home that is not contracted with DCFS and it is determined that the current placement continues to be the most appropriate placement for the child, complete a DCFS 4213.

Submit the DCFS 4213 for approval and processing.

Load the child/youth’s current photograph onto KidPix.

Ensure that all applicable SDM assessment tools are current and approved on-line.

A hard-copy of each assessment tool used must be in the physical case file.
If applicable, ensure that the required livescans are immediately completed to ensure receipt of sub-arrest notifications.

Within 30 days of being assigned the case (including FM, FR, PP cases), the CSW must review the case record jointly with the PHN to determine if there is a medical need to have the child seen by the nearest Medical Hub for an Initial Medical Examination.

On the Medical Hub Referral Form, note that this is an intercounty transfer case in the "Specify reason for DCFS current and prior involvement" field.

Provide copies of any medical records contained in the case file to the Medical Hub personnel on or before the date of the examination.