Identifying and Notifying the Court of Recurring Efforts to Locate Relatives and Nonrelative Extended Family Members (NREFMs)

0300-508.30 | Revision Date: 11/17/21

Overview

This policy guide outlines how to identity relatives or nonrelative extended family members (NREFMs) of a child, and how to notify relatives of their ability to be involved with the child and how to notify the court of efforts taken to identify a child's relatives or NREFMs.

TABLE OF CONTENTS

Policy

Identification of Appropriate Adult Relatives and Nonrelative Extended Family Members (NREFMs)

Procedure

Identifying Appropriate Adults when a Child is Taken into Temporary Custody

Detaining/Continuing Services CSW Responsibilities

SCSW Responsibilities

Identifying Appropriate Adults for a Child Not Placed in a Relative or NREFM's Home after Removal

CSW Responsibilities

SCSW Responsibilities

Notifying the Court About Appropriate Adults Available and Willing to Provide Placement to Children

Juvenile Court Services (JCS) Court Officer Responsibilities

Locating Appropriate Adults for a Previously Dependent Child Whose Adoption is Disrupted

CSW Responsibilities

SCSW Responsibilities

Approvals

Helpful Links

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 09/12/16 version to emphasize that efforts need to be made to conduct an investigation to identify and locate all of the child's adult relatives and nonrelative extended family members (NREFMs). Additionally, within thirty (30) days of removal, the CSW shall also provide oral, in person, or by telephone notification, when appropriate, of the information contained in the Relative Notification Letter as well as the JV-285 Relative Information Form. Changes were also made to the Relative Notification letter attached to this policy.

POLICY

Identification of Appropriate Adult Relatives and Nonrelative Extended Family Members (NREFMs)

Relatives and NREFMs are the preferred placement resource and must be considered first for all children who are in need of out-of-home care services.

If a relative or a nonrelative extended family member (NREFM), is available and requests emergency placement of the child prior or after the detention hearing, the CSW shall initiate an assessment of the relative’s or NREFM’s suitability for emergency placement. Upon completion of the assessment, the child may be placed in the home on an emergency basis.

Within thirty (30) days of a child's removal from their home, CSWs must, by law, conduct an investigation to identify and locate all of the child's adult relatives and nonrelative extended family members (NREFMs), regardless of their immigration status, per WIC 309.

A relative includes the following:

• Grandparents;

• Adult siblings;

• And other legally specified adult relative of the child, including:

• Any adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, step siblings, and all relatives whose status is preceded by the words "great", great-great", or "grand", or the spouse of any of these persons, even if the marriage was terminated by death or dissolution;

• Any other adult relatives suggested by the parents or children. A nonrelative extended family member is defined as an adult caregiver who has an established familial relationship a relative of the child or a familial or mentoring relationship with the child.

The CSW must use diligent efforts to identify and locate the child's relatives, including but not limited to:

• Asking the child in an age-appropriate manner about relatives important to the child, consistent with the child's best interests;

• Asking the parents and anyone with familial knowledge as to the names, addresses, and any identifying information of adult relatives of the child.

• Internet search using Google and other search engines, websites, and social media;

• CLEAR search;

• Review child's case file for any information regarding relatives;

• Review of phone directory;

• Telephone or mail contact, if telephone or mailing address is known;

• Email contact, if email address is known;

• Search of jails/prisons.

Locating relatives as a placement resource is a process that does not cease until a permanent plan is made for the child. All interested relatives and NREFMs will be assessed for possible placement of the child. CSWs must contact all known relatives and NREFMs, even after another relative has been identified and after that relative's home has been approved for the child's placement. A relative or NREFM is not appropriate and is not eligible to be assessed if they have previously been assessed as a possible caregiver and have been found to have a criminal conviction, for which an exemption cannot be granted. With some passage of time, some convictions may be eligible for an exemption.

The CSW must provide each adult relative who is located, within 30 days of removal of the child, with written notification using the Relative Notification Letter along with the JV-285 Relative Information form unless the relative's history of family or domestic violence makes notification inappropriate. Further, within thirty (30) days of removal, the CSW shall also provide oral, in person, or by telephone notification, when appropriate, of the information contained within the Relative Notification Letter as well as the JV-285 Relative Information form.

The written notice must include all of the following:

• Notification of the child’s removal from the custody of their parent(s)/guardians;

• An explanation of the options on how to participate in the care and placement of the child, and support of the child's family including:

• Any options that may be lost by failing to respond;

• Information about providing care for the child while the child receives reunification services;

• How to become an approved Resource Family and any additional out-of-home care services and supports that are available; and

• Information regarding emergency funding, Kin-GAP, CalWORKS, adoption assistance payments

• Other options for contact with the child, including, but not limited to, family time.

All newly identified relative and NREFMs will be assessed to see how they can be involved in the child's life and how they can support the child's placement and Case Plan, such as assisting with respite care, transportation needs, family time, etc. If needed, a Child and Family Teams meeting can be used to identify and to determine a relative's willingness to provide care for the child.

Back to Policy

PROCEDURE

Identifying Appropriate Adults when a Child is Taken into Temporary Custody

Detaining/Continuing Services CSW Responsibilities

1. When a child is taken into temporary custody, ask the child (in an age-appropriate manner), the child's parents, the caregiver(s) from whom the child is being removed, and anyone with familial knowledge for the names, addresses, and any known identifying information of adult relatives and NREFMs of the child.

1. If one of these individuals is able to provide a name, obtain as much information as possible about the identified relative or NREFM including, but not limited to their:

• Full name;

• Address;

• Telephone number(s);

• Email

• Relationship to the child.

2. Document all responses and information obtained from the contacted individual in the Contact Notebook.

2. For each relative identified for whom there is not contact information, conduct a search to locate that relative, which includes:

• Internet search including Google and other search engines, websites, and social media;

• CLEAR search;

• Review child's case file for any information regarding relatives;

• Review phone directory;

• Telephone or mail contact, if telephone or mailing address is known;

• Email contact, if email address is known;

• Search of jails/prisons.

3. Contact all identified and appropriate relatives and NREFMs, unless the relative’s history of family or domestic violence makes the notification inappropriate, by phone or in person for whom an address and/or telephone number is available within thirty (30) days of the child's removal. If the relative or NREFM does not speak or read English, use an interpreter to communicate in their native language and provide written materials in their native language.

1. Review all the contents of the Relative Notification Letter with them.

2. Provide them with a copy of the Relative Notification Letter as well as the Relative Information Form JV-285. If the relative or NREFM speaks Spanish, provide a copy in Spanish.

3. Ask if they would be willing and able to care for the child.

4. Document the date the notification letter was given, each relative and NREFM's response and all CSW attempts made to contact relatives and NREFMs in the Contact Notebook.

4. If an identified relative or NREFM expresses an interest in caring for the child, adhere to all the policies and procedures outlined in Placement Prior to Resource Family Approval.

5. Document all efforts made to identify, locate, and place a child in the home of a relative or NREFM in the Detention Report.

SCSW Responsibilities

• Ensure that the CSW continues to assess identified relatives or NREFMs throughout the case until a permanent placement plan has been identified, if necessary.

• Provide assistance, as needed, to the CSW in identifying and notifying the court of appropriate relatives and NREFMs.

Back to Procedure

Identifying Appropriate Adults for a Child Not Placed in a Relative or NREFM's Home after Removal

CSW Responsibilities

The CSW who is responsible for preparing the Detention Report, Jurisdiction/Disposition Hearing Report, Status Review Hearing Report, WIC 366.26 Hearing Report and/or WIC 366.3 Status Review Hearing Report must take the following actions when a child has not been placed in a relative's home:

1. Review the case for all information regarding the child's relatives and nonrelative extended family members (NREFMs) and particularly those who are interested in caring for the child.

2. If you are a case-carrying CSW, obtain all of the following information. If you are a Dependency Investigator (DI) or an Emergency Response (ER) CSW, contact the case-carrying CSW to obtain the following information:

• All contacts with the child's relatives and NREFMs;

• All attempted efforts to reach relatives and NREFMs;

• Relatives' and NREFMs' interest in and ability to care for the child.

3. Document all actions taken and all information obtained regarding identified relatives and NREFMs in the appropriate court report.

1. Include all efforts to identify and to contact the child's relatives and NREFMs.

2. Describe, in detail, the appropriateness of placing the child in the home of a contacted relative or NREFM and, if appropriate, the child's placement plans.

3. Include statements from the relative or NREFM regarding the following:

• Willingness to provide care for the child;

• Ability to provide appropriate care for the child's placement needs;

• Willingness to comply with the child's family time plans.

4. If a relative or NREFM has been identified and assessed, document the results of the assessment on the DCFS 724, Placement Assessment.

1. If not placing the child with a relative or NREFM or if removing a child from a relative or NREFM, select the appropriate reason(s) from the following forms to document why the relative or NREFM's home cannot be approved. Include those reasons on the DCFS 724:

2. Provide a description of all efforts made to assist the relative or NREFM in having their home approved as a Family Resource Home.

• This may include the purchase of beds or smoke detectors.

3. Include the results of all information received on the relative or NREFM, and attach the results, along with the California Law Enforcement Telecommunications System (CLETS), and Live Scan clearances to the appropriate court report.

4. Address any supporting clearance documentation, and attach the documentation to the court report.

5. Document all actions taken and all information obtained in the appropriate court report.

6. Document all contacts in the Contact Notebook.

7. File a copy of the Relative Notification form in the legal folder (manila color).

SCSW Responsibilities

1. Ensure that the CSW continues to assess identified relatives or NREFMs throughout the case until a permanent placement plan has been identified, if necessary.

2. Provide assistance, as needed, to the CSW in identifying and notifying the court of appropriate relatives and NREFMs.

3. Review the court report for approval.

4. If approved:

1. Return the hard copy of the court report and its attachment(s) to the CSW.

2. Ask the CSW to submit the court report for approval in CWS/CMS.

5. If not approved, return the hard copy of the court report and its attachment(s) to the CSW for corrective action.

Back to Procedure

Notifying the Court About Appropriate Adults Available and Willing to Provide Placement for Children

Juvenile Court Services (JCS) Court Officer Responsibilities

1. At any hearing where relatives or nonrelative extended family members (NREFMs) of a child are known to have been located, the Juvenile Court Services (JCS) Court Officer must nsure that the attorneys for the parent(s) and/or the child complete the J-373, Superior Court's Relative Information Sheet.

1. If necessary, request that the court order the attorney to complete it.

2. Attach the completed J-373 to the petition packet or the court report.

3. Forward a copy of the completed J-373 to the CSW.

2. If a relative or NREFM appears in court at the Detention/Arraignment Hearing and requests that the child be released to them, ask the court to order an assessment of that relative or NREFM's home prior to releasing the child to the him/her.

Back to Procedure

Locating Appropriate Adults for a Previously Dependent Child Whose Adoption is Disrupted

CSW Responsibilities

1. If no appropriate potential caregiver is known to exist from a child's adoptive family and if the child was not the subject of a voluntary relinquishment by their birth parent(s), search CWS/CMS along with the case records for the child's birth family and their nonrelative extended family members (NREFMs).

• This includes individuals whose parental rights were terminated.

2. Contact all identified relatives and NREFMs for whom an address and/or telephone number is available.

1. Ask and determine whether they would be willing and able to care for the child.

2. Document all responses and information thoroughly regarding the contacted individual(s) in the Contact Notebook.

3. If a relative or NREFM expresses interest in caring for the child, adhere to all the policies and procedures outlined in Placement Prior to Resource Family Approval.

4. Document all information, including actions taken regarding the relatives and NREFMs in the appropriate court report.

1. Include efforts to identify and contact them.

2. Describe, in detail, the appropriateness of placing a child in a located relative or NREFM's home and, if appropriate, the child's placement plans.

3. Include statements from the relative or NREFM regarding the following:

• Willingness to provide care for the child

• Ability to provide appropriate care for the child's placement needs

• Willingness to comply with the child's Case Plan

SCSW Responsibilities

1. Ensure that the CSW continues to assess identified relatives or NREFMs throughout the case until a permanent placement plan has been identified, if necessary.

2. Provide assistance, as needed, to the CSW in locating and notifying the court of appropriate relatives and NREFMs.

3. Review the court report, and determine whether or not to approve it.

4. If approved:

1. Sign the report and approve it online.

2. Return the hard copy of the court report and its attachment(s) to the CSW.

5. If not approved, return the hard copy of the court report and its attachment(s) to the CSW for corrective action.

Back to Procedure

APPROVALS

SCSW Approval

• Detention Report

• Jurisdictional/Dispositional Hearing Report

• Status Review Hearing Report

• WIC 366.26 Hearing Report

• WIC 366.3 Status Review Hearing Report

HELPFUL LINKS

Forms

CWS/CMS

Court Report Addendum

Detention Report

Jurisdictional/Dispositional Hearing Report

WIC 366.26 Hearing Report

WIC 366.3 Status Review Hearing Report

LA Kids

DCFS 129, Agency-Relative Caregiver Placement Agreement

DCFS 5420, Verification of Relative Status

JV-285, Relative Information form

JV-285 (SP), Relative Information form

Relative Notification Letter

Relative Notification Letter (Spanish)

Hard Copy

J-373, Superior Court's Relative Information Sheet

Referenced Policy Guides

0070-548.01, Child and Family Teams

0070-548.20, Taking Children into Temporary Custody

0070-559.10, Clearances

0100-520.05, Placement Prior to Resource Family Approval

0100-520.10, Evaluating a Prospective Caregiver

0100-520.70, Exemptions for Criminal History Records

0300-303.15, Writing the Detention Report

0300-503.10, Writing the Jurisdictional/Dispositional Hearing Report

0300-503.15, Writing a Status Review Hearing Report for a WIC Section 364, 366.21(e) or (f), 366.22, or 366.25 Hearing

0300-503.16, Writing the WIC 366.3 Status Review Hearing Report for Minor Dependents

0300-503.20, Writing the 366.26 Hearing Report

0300-503.35, Pre-Release Investigation Report

Statutes

Welfare and Institutions Code (WIC) Section 309 – States, in pertinent part, that a social worker must immediately investigate the circumstances of a child taken into temporary custody and must attempt to maintain the child with the their family through the provision of services. It also states that the social worker must initiate efforts in identifying and locating relatives of the child within thirty (30) days of the child's removal from the home to give written and oral notification of the proceedings, if appropriate. Such notification must include all of the following:

• That the child has been removed from the custody of their parent(s)/guardians;

• An explanation of the various options to participate in the care and placement of the child and support of the child's family including:

• An explanation of the various options to participate in the care and placement of the child and support for the child’s family, including any options that may be lost by failing to respond;

• Information about providing care for the child while the child received reunification services with the goal of returning the child to the parent/guardian;

• How to become a resource family, and additional services and support that are available in out-of-home placements, and, if it is known or there is reason to know the child is an Indian child, the option of obtaining approval for placement through the tribe’s license or approval procedure.

• Information regarding Kin-GAP, CalWORKS program for approved relative caregivers, adoption, and adoption assistance;

• Other options for contact with the child, including, but not limited to, visitation.

WIC Section 309(e)(2) - States, in part, that the social worker shall also provide the adult relatives notified above with the Relative Information form to provide information to the social worker and the court regarding the needs of the child.

WIC Section 309(e)(1)(3) – States, in part, that the social worker must use "due diligence" in investigatin the names and locations of relatives, including, but not limited to, asking the child in an age-appropriate manner about relatives important to the child's best interst, and obtaining information regarding the location of the child's adult relatives.

WIC Section 319 – States, in part, that at the initial detention hearing, the social worker must provide a report to the court that includes their efforts to locate any of the child's relatives who are able and willing to take temporary custody of the child.

WIC Section 361.3 – States, in part, that in the case of a child who was previously a dependent of the court, who was previously adopted, and whose adoption has been disrupted, DCFS and any licensed adoption agency can search for a relative and can provide identifying information relating to the child to that relative if it is believed to promote the child's wellbeing.

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