This policy guide was updated from the 06/28/2010 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan. The title has been changed from Requesting a Change of Order Pursuant to WIC 385.

POLICY

Welfare and Institutions Code Section (WIC) 385

Any order made by the court (related to a person subject to its jurisdiction) may at any time be changed, modified, or set aside, as the judge deems necessary for the protection and safety of a child, per WIC 385. The petitions filed pursuant to WIC 385 are referred to as a "Request in Change of Order" and submitted via an Ex-Parte Application and Order.

A Request in Change of Order is required in any of the following situations:

A CSW is required to remove a child from the care of his/her parent(s) when the court’s pre-disposition order fails to adequately protect the child and the child requires a more restrictive placement.

A CSW is required to remove a child from the care of a relative or nonrelative extended family member (NREFM) when the home does not meet title 22 approval standards prior to the disposition hearing.

Exception is when the child(ren) is/are placed with another, approved, relative or nonrelative extended family member.

There is a need to request a more restrictive visitation order.

Ex-Parte Application and Order

To request a change in order, an Ex Parte Application and Order must be completed and submitted to court. The following chart outlines the CSW responsible for completing the Ex Parte Application and Order based on the case status.

Case Status	Responsible CSW
Pre-Disposition	Assigned Dependency Investigator (DI)
Post-Disposition	Assigned Case-Carrying CSW

Ex Parte Application and Order requesting a change to a more restrictive placement are processed through IDC.

Ex Parte Application and Order requesting a more restrictive visitation order (that does not involve detention) are processed through the Court Liaison Section.

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PROCEDURE

Requesting a Change of Order for a More Restrictive Placement

CSW/DI Responsibilities

If the DI determines the child is in need of a more restrictive placement, it is his/her responsibility to follow the steps below and notify the CSW of the hearing date.

Immediately notify Intake and Detention Control (IDC) of the child’s detention.

Provide the child’s name, court number, case number and the date and time the child was removed and placed in a more-restrictive placement.

Notify the child’s parents and attorney of the child’s placement as soon as possible, but no later than one (1) business day of the child being placed.

If the case is pre-disposition, notify the DI and provide him/her with the hearing date.

If the case has been adjudicated, follow the steps below in DI responsibilities when completing and submitting the Ex-Parte Application and Order Report. Consult with County Counsel regarding the type of petition to be filed.

Document all contacts in the Contact Notebook.

Review the on-line case record and update, if necessary, to ensure that all identifying information (e.g., names, addresses, etc.) and court information (e.g., past hearing dates, notices of hearing, attorneys’ names, etc.) are documented and current.

IDC CSW Responsibilities

Calendar the case.

Provide the regional CSW/DI with the date of the scheduled hearing.

Request that the Ex Parte Application and Order (WIC 385 Petition) and supporting documents be sent to IDC.

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Requesting a Change for a More Restrictive Visitation Order

CSW/DI Responsibilities

Follow procedures below for completing and submitting the Ex-Parte Application and Order.

After completing the Ex Parte and Application Order and obtaining the required approvals and follow the procedures for Set-on/Walk-on Procedures.

Completing and Submitting the Ex-Parte Application and Order

DI Responsibilities

Generate and complete the Ex Parte Application and Order on CWS/CMS as indicated in the Ex Parte and Application Order sample document.

Select the recommendations that correspond to the child’s assessment/ evaluation/situation.

Clearly indicate the order requested from the court.

If applicable, complete the necessary paperwork and submit the recall for the protective custody warrant.

If ARA approval is necessary, create an additional signature line for the ARA.

Submit for on-line CWS/CMS approval.

Print and sign the completed report.

Submit the report to the SCSW for approval.

If the report was not approved, take necessary corrective action and return to SCSW for approval.

Upon receipt of the approved report, submit the report and any supporting documents for delivery to IDC.

All paperwork should be delivered to IDC by no later than 3:30 PM the following day.

SCSW Responsibilities

Review the report and any supporting documents.

If approved and ARA approval is necessary, forward the report to the ARA for signature.

Once ARA approval is received, approve the report on-line and return the packet to the CSW.

If approved, and ARA approval is not necessary, sign and date the report, approve the report on-line and return the packet to the CSW.

If not approved, request corrective action and return the packet to the CSW.

ARA Responsibilities

Review report for appropriateness.

If approved, sign and date the report and return to the SCSW for on-line approval.

If not approved, return the packet to the SCSW for corrective action.

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APPROVALS

SCSW

WIC 385 Ex Parte Application

ARA (if applicable)

WIC 385 Ex Parte Application

HELPFUL LINKS

Attachments

Ex Parte and Application Order sample

Form(s)

CWS/CMS

Ex Parte Application and Order

Referenced Policy Guides

0100-520.11, Home Approvals Not Meeting Title 22 Approval Standards

0300-301.05, Filing Petitions

0300-308.07, Time Frames for Submission of Court Reports

0300-503.55, Protective Custody Warrants

0300-503.94, Set-on/Walk-on Procedures

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

0400-503.10, Contact Requirements and Exceptions

Statutes

Welfare and Institutions Code (WIC) Section 385 – 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 necessary, subject to procedural requirements.

Title 22 Regulations – Sets forth general licensing requirements for out of home care placements (foster homes, group homes, residential facilities, etc).