Permission to Interview Children/Youth

0500-509.10 | Revision Date: 07/01/14

Overview

This policy addresses requests to interview, photograph, videotape, and/or voice record any child/youth who has been removed from the physical custody of his/her parent/guardian and placed in the care/custody of DCFS by the Dependency Court.

TABLE OF CONTENTS

Policy

Interviewing/Photographing/Videotaping/Voice Recording a Child/Youth

Media Contacts

Research Projects

Publicity for Adoption Recruitment Events

Procedure

Media Access

Case Carrying CSW Responsibilities

Research Project Access

Case Carrying CSW Responsibilities

Adoption Recruitment Events

Case Carrying CSW Responsibilities

Law Enforcement, Public Defender, District Attorney Requests

Case Carrying CSW Responsibilities

Documentation

Case Carrying CSW Responsibilities

Approvals

Helpful Links

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 08/09/10 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan. This policy guide incorporates content from Procedural Guide 0500-509.20, Request by Law Enforcement, District Attorney or Public Defender to Interview a Child, thereby cancelling that policy guide. The previous title for this policy was "Permission to Videotape, Photograph, Voice Record or Interview Children." It has been changed to "Permission to Interview Children/Youth."

POLICY

Interviewing/Photographing/Videotaping/Voice Recording a Child/Youth

Any person who knows, or knows of a dependent child/youth (under juvenile court jurisdiction and has been removed from the physical custody of the parent/legal guardian) and seeks to interview, photograph, videotape or voice record the child/youth, must obtain a court order from the Presiding Judge of the Juvenile Court prior to contacting the child/youth.

At least five days before the request is filed, the agency or individual must notice all parties involved.  The following individuals may file an objection, if warranted:

• Any involved party, including DCFS

• County Counsel

• The child/youth’s attorney

The court may deny the petition, grant the petition over an objection, and/or alter the conditions set forth in the original petition.

If a representative of the media or a research project petitions the court for access to DCFS case records, the CSW must consult with County Counsel on how to proceed.

Media Contacts

The DCFS Office of Public Affairs is responsible for ensuring that all contact between media representatives and children supervised by DCFS are both legal and appropriate.

• When the media is expected to cover an event that will include a large number of children supervised by DCFS, the Office of Public Affairs will submit a blanket petition to the Juvenile Court. The petition will request permission for the media to include DCFS children during their coverage of the event for their news agency.

A representative of the media may petition the Court, who may grant the media representative permission to photograph, interview, and/or record a child/youth supervised by DCFS. In such cases, neither the child/youth, parent/relative, attorney, nor placement personnel are obligated to agree to an interview or to provide information.  The child/youth and/or parent/relative do have a right to the following:

• To initiate contact with a representative of the media without a court order

• To provide the media with information regarding their personal history

Once the Juvenile Court grants the media representative’s petition, the CSW may not deny the media representative access to the child/youth. The child/youth, however, continues to retain the right to refuse to be photographed, interviewed, and/or recorded.

If the CSW is provided with new information which demonstrates that the child/youth should not be photographed, interviewed, or recorded, the CSW must request that the Court overturn the original petition. The CSW should anticipate a two week delay between the time the petition is filed and the Court hears the case.

Research Projects

The DCFS Business Information Systems (BIS) Division, Research and Evaluation Section, in conjunction with the Services Bureaus, is responsible for determining the appropriateness of any proposed research projects that involve children supervised by DCFS.

The research project will be rejected, if the proposed research would place an undue burden on the CSW or if the research would not provide DCFS with valuable information.

To carry out a proposed research project that involves children supervised by DCFS, court permission must be sought to determine if there are any legal issues that must be addressed. Prior to filing a petition to seek court permission, the DCFS BIS Research and Evaluation Section will consult with the following:

• Office of the County Counsel

• Children’s Law Center of Los Angeles (CLC), (as needed)

• Los Angeles Dependency Lawyers (LADL), (as needed)

The petition must contain a description of the research project and the manner in which the issues will be addressed with the child/youth.  Once the court has granted the petition, the petitioner can begin making contact with the CSWs whose children fall within the parameters of the approved research project. 

• Any child/youth may decline to participate in a research project or withdraw from an ongoing research project.

• Once the court has granted a petition, the CSW may not refuse to allow a specific child/youth to participate in the research project.

Publicity for Adoption Recruitment Events

The Presiding Judge of the Juvenile Court may issue a blanket order allowing DCFS supervised children to participate in adoption recruitment events, such as "Wednesday’s Child", or adoption fairs, under specific circumstances.

• A blanket order that states that confidentiality is waived:

• If the event is expected to promote positive publicity on behalf of the individual child/youth for recruitment purposes;

• If either the child/youth has been freed for adoption or if reunification services have been terminated and adoption has been identified as the permanent plan; or

• The child/youth would benefit from the more permanent plan of adoption.

No details of the child/youth’s underlying dependency court case may be disclosed or discussed with the child/youth during an interview.

If the child/youth’s attorney or treating professional has concerns regarding the advisability of allowing the child/youth to participate in the specified event, the matter will be referred to the assigned Adoption and Permanency Resources Division (APRD) CSW for resolution.

• If the concerns cannot be resolved, the child/youth’s attorney may seek a court hearing to address the issue in court.

Back to Policy

PROCEDURE

Media Access

Case Carrying CSW Responsibilities

1. When a request to photograph/interview/record a child/youth is received from a representative of the media, discuss the request with the person calling to determine if it is appropriate.  Refer the person making the request to the Office of Public Affairs.

2. If the media is expected to be present during an event that will include DCFS-supervised children, contact the Office of Public Affairs and verify that a blanket petition has been granted allowing the media to include DCFS-supervised children in their coverage of the event.

3. Upon receipt of a Notice of Hearing regarding a petition to photograph/interview/ record a specific child/youth, discuss the matter with the SCSW, County Counsel assigned to the case, the caregiver, the child/youth’s attorney, the child/youth’s therapist (if applicable) and the child/youth to determine the advisability of allowing media access to the child/youth.

4. If the petition is granted, obtain a copy of the court order and review it to determine the conditions under which the child/youth is to be photographed, interviewed, or recorded.  File the court order in the Court Documents Folder.

5. Discuss the court order with the child/youth to determine if the child/youth is willing to participate.

1. If the child/youth is unwilling to participate, inform the SCSW and the media representative.

2. If the child/youth is willing to participate, the CSW or the caregiver must be present during the event to ensure that the court order is honored.

Back to Procedure

Research Project Access

Case Carrying CSW Responsibilities

1. Contact the DCFS Business Information Systems (BIS) Division, Research & Evaluation Section.

• Verify that the project has received DCFS administrative and court approval.

2. Obtain a copy of the Research Project petition and the courts order.

• File both in the Case File.

3. Discuss the matter with the child/youth to determine his/her willingness to participate in the research project. 

• Inform the child/youth that s/he has the right to decline to participate.

4. If the child/youth agrees to participate, determine in consultation with the child/youth’s parent/caregiver, doctor (if appropriate) and therapist (if applicable), whether if there are any potential adverse consequences to allowing the child/youth to participate.

5. Confer with the SCSW if there are concerns about allowing the child/youth to participate.

6. Confer with the assigned County Counsel. If adverse consequences are determined to be possible from the child/youth participating in the research project, ask that County Counsel file a petition requesting that the specified child/youth be exempted from the project.

• If a petition is filed requesting that the child/youth be exempted from participation in a research project, contact the representative from the research project and inform them that the child/youth will not be available until the court has addressed the petition.

• If the court grants the petition, inform the research project personnel that the specific child/youth has been exempted from participation.

• If the court denies the petition, allow the child/youth to participate in the research project.

7. If the court order includes access to case records/information, contact the supervisor of the Subpoena and Redacting Division, which is housed in the office of the County Counsel, for assistance in preparing the records for release.

8. On an ongoing basis discuss the child/youth’s participation in the research project with the child/youth and caregiver.  Confirm whether or not the child/youth continues to be willing to participate in the project.

Back to Procedure

Adoption Recruitment Events

Case Carrying CSW Responsibilities

1. Determine which, if any, of the following apply to the child/youth:

• The child/youth has been freed for adoption

• The permanent plan for the child/youth is adoption

• Although a Planned Permanent Living Arrangement (PPLA) is the current permanency plan, the child/youth would benefit from the more permanent plan of adoption

2. Verify that the adoption recruitment event will promote both positive publicity for the child/youth and permanency for the child/youth.

3. Consult with the SCSW regarding the child/youth’s participation in the event.

4. Consult with the child/youth to determine his/her interest in participating.

• Inform the child/youth that s/he may decline to participate.

5. Notify the child/youth’s attorney, either in writing or by phone, no later than ten (10) days prior to the scheduled event.

• If the invitation to participate in the event is unexpected, inform the child/youth’s attorney no less than 24 hours of the event.

• If the attorney objects at any time before the scheduled event discuss the objection with the SCSW and consult with the child/youth’s attorney regarding his or her objection.

• If the objection cannot be resolved, advise the attorney that the child/youth will participate unless the court orders otherwise.

6. Consult any professional who is providing treatment or services to the child/youth, regarding the advisability of allowing the child/youth to participate.

• If the child/youth's treating professional has expressed concerns regarding the child/youth's participation in an adoption event, refer the issue to the APRD CSW for resolution among the child/youth’s attorney, the Case-Carrying CSW and the treating professional.

7. Make arrangements with the parent/caregiver to transport and accompany the child/youth during the event. 

• Advise the parent/caregiver and the child/youth that the child/youth has the right to leave the event at any time.

8. Work with the Placement and Recruitment Unit (PRU) representative to ensure that all media representatives covering the event adhere to the provisions of the blanket order.

Law Enforcement, Public Defender or the District Attorney Requests to Interview a Child/Youth

Case Carrying CSW Responsibilities

1. Upon receiving notification that a child/youth will be or has been interviewed, contact the notifying agency to verify that the information received is accurate.

• This must be completed no later than the end of the following business day.

2. If it is the opinion of the CSW or other professional, that a child who is scheduled to be interviewed would be harmed by the interview, the CSW should immediately both:

• Discuss the situation with County Counsel. The court will then decide if the child/youth will be interviewed.

• Notify the court via a walk-on report. 

3. As soon as possible, but no later than the end of the business day following receipt of the request

1. Notify the child’s/youth’s attorney of the interview.

• Whenever possible, notification of all interviews is to occur prior to the event.

• Notification is done by fax through the Children's Attorney Notification Specialist (CANS), via the DCFS 5402, or by telephone when immediate notification is needed.

2. Provide the child's/youth’s attorney with the following information:

• The name of the person and agency who will or has interviewed the child/youth

• The date and location when this interview occurred or will take place.

The notification must occur no later than seventy-two hours after the CSW was advised of the interview.  Non-judicial days are excluded from this time frame.

4. Upon verification of the request, immediately:

1. Inform the child/youth that s/he may be interviewed.

2. Provide the child/youth with the phone number of his/her attorney. Advise him/her to contact the attorney regarding any specific legal questions about the upcoming interview.

3. Inform the child/youth that s/he may request to have the CSW and/or his/her attorney present during the interview. If the child/youth requests the CSW's presence during the interview:

1. Review the policy regarding conservations with attorneys, and

2. Discuss with the SCSW prior to attending the interview.

4. Inform the child/youth’s parent/caregiver about the interview. Provide the parent/caregiver with the date and location of the interview and the name of the person or agency who will interview the child/youth.

5. If the CSW will not be transporting the child/youth, arrange for the child/youth’s transportation and ensure that the child/youth is accompanied by his/her caregiver

Back to Procedure

Documentation

Case Carrying CSW Responsibilities

Document all of the following that apply in the Contact Notebook:

• Media Access requests:

• Include the requesting party’s name, title, agency and phone number and the stated reason for the request.

• Research requests for access to a specific child/youth. Include:

• The name, title, and organizational affiliation of the person calling.

• Her/his phone number and address.

• A brief description of the research project.

• While the research project is underway, include:

• All related contacts with the child/youth, caregiver and research project staff.

• Conversations with County Counsel.  Label these conversations, "Confidential Attorney-Client Communication" at the beginning of each entry.

• The child/youth’s participation in the research project.

• Publicity for Adoption Recruitment Event requests. Document:

• All contacts with the child/youth, caregiver, child/youth’s attorney, etc.

• The child/youth’s participation in the adoption recruitment event in the Contact Notebook.

• Law Enforcement, District Attorney, Public Defender requests:

• Include all contacts and actions taken.

Back to Procedure

APPROVALS

None

HELPFUL LINKS

Forms

LA Kids

DCFS 5402, Notice to Child's Attorney RE: Child's Case Status

Referenced Policy Guides

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

0400-503.10, Contact Requirements and Exceptions

0500-501.20, Release of Confidential DCFS Case Record Information

1200-500.90, Model Case Format (MCF)

Statutes

Los Angeles Superior Court Rules 7.3(c), Public and Media Courtroom Access − Sets for requirement that any person seeking to interview, photograph, videotape or voice record a child/youth, who the person knows, or has reason to know, is under juvenile court jurisdiction and has been removed from the physical custody of the parent/legal guardian, must obtain a court order from the Presiding Judge of the Juvenile Court prior to contacting the child/youth.

Los Angeles Superior Court Rules 7.3(d), Research Requests − Sets for requirement that any person or agency seeking to conduct research involving children under juvenile court jurisdiction for educational, scientific, or public policy purposes must petition the Supervising Judge for permission to do so.

Welfare and Institutions Code (WIC) Section 827 − Sets forth requirements to be met allowing inspection of the case file.

Back to Helpful Links