0300-503.15 | Revision Date: 09/06/22
Overview
This policy guide provides instructions on how to write a Status Review Hearing Report for WIC Section 364, 366.21(e) or (f), 366.22, or 366.25 hearings.
TABLE OF CONTENTS
WIC Section 364 Home of Parent Status Review Hearings
Reunfication Status Review Hearings WIC 366.21(e)&(f); WIC 366.22, WIC 366.25
Special Circumstances and WIC 366.25 Hearings
Preparing for the Status Review Report
Case-Carrying CSW Responsibilities
Writing the Status Review Report
Case-Carrying CSW Responsibilities
Case-Carrying CSW Responsibilities
Version Summary
This policy guide was updated from the 7/08/16 to make distinctions between different types of Status Review Reports, include instructions regarding Family Time, and to reflect the option to utilize e-signatures.
Every dependent child/non-minor dependent (NMD) placed by the court in foster care or home of a parent, must, by law, have their current circumstances reviewed periodically as determined by the court but no less frequently than once every six (6) months from the date of the original dispositional hearing.
These 6 month review hearings will take place until:
For information on Non-minor dependents, refer to Writing the WIC 366.31 Status Review Hearing for Non-Minor Dependents
During every review hearing, the court considers the safety of the child and determines the following:
For children who are home of parent, the court will conduct the WIC Section 364 Status Review hearing. At this hearing, the court must terminate jurisdiction unless DCFS can show by a preponderance of the evidence that the conditions that led to jurisdiction still exist; or, that these conditions are likely to exist if court supervision is withdrawn.
DCFS must provide a report to court for this hearing that addresses the following:
For children who are placed in foster care and their parents are receiving reunification services, the court will conduct a number of review hearings beginning with the 366.21(e) at 6 months, the 366.21(f) at 12 months, and the 366.22 at 18 months. There are also exceptional circumstances that allow the court to hold a review hearing at 24 months at the 366.25 hearing.
At each reunification hearing, the court has three options: return the child to the home of parent, order that the parent receive more time to reunify, or terminate services and set a hearing to establish a permanent plan for the child (WIC 366.26).
DCFS must provide a report for those hearings that addresses the following in detail:
During these reunification review hearings, the court considers the safety of the child and determines the following:
DCFS utilizes the above information to make recommendations to the court as to continued services for incarcerated, detained, institutionalized, or deported parent(s)’ and their child(ren); determining whether or not to recommend that the court discontinue reunification and schedule the Section 366.26 hearing for a child under three (3) years of age on the date of the initial removal, or for a child who is a member of a sibling group of which one sibling is under three years of age on the date of the initial removal as well as issues related to the parent/legal guardian’s educational rights and the child's sibling relationships.
If the court has not already determined whether a man is an alleged or presumed father, CSWs must provide the court with the necessary facts to make this legal determination, which the court alone can make.
If there are concerns regarding criminal history and it is documented in the Case Plan, a parent/legal guardian can be required to submit to a Live Scan in order to investigate the suitability of reunifying the child with them after the child’s removal due to an investigation of child abuse or neglect. If a parent/legal guardian refuses to Live Scan, CSWs will use the California Law Enforcement Telecommunications System (CLETS) and provide a summary (do not put the actual CLETS print out in any report) of the information contained within the CLETS as it pertains to the parent(s).
The court considers the parent/legal guardian’s criminal history information when it is substantially related to the welfare of the child or the parent's/legal guardian's ability to exercise custody and/or control over the child.
Family Time, formerly known as "family visits or visitation", is an important aspect of successful reunification. Therefore, it should be included in the court report for every status review hearing in great detail to ensure that the court has the information necessary to make orders at each hearing.
When writing the Status Review hearing report, include the following information:
DCFS has an ongoing and continuing duty to inquire about Native American heritage. Inquire of all parents whether a child who is placed into the temporary custody of DCFS is or may be of any Native American heritage: inquire of every relative identified and interested parties whether a child who is placed into the temporary custody of DCFS is or may be of any Native American heritage. This duty to inquire must take place even when the parents deny Native American heritage.
At a WIC 366.22 hearing, the court can continue the case for up to six (6) months for a subsequent permanency review hearing, provided that:
If a WIC 366.25 hearing is subsequently set based on court findings as described above, CSWs must prepare a Status Review Hearing report according to as outlined in the Sample Status Review Report.
Please note that this section only applies to this policy if a child will be turning 18 years old during the period of reunification. In such cases, the youth must be advised of the potential benefits of continued dependency including services and supports available to them. Additionally, the youth must be advised of right to the following:
During this discussion, the CSW must provide the youth with the DCFS 159, Youth Advisement of Non-minor Dependency (Extended Foster Care). For NMDs who cannot reside safely in the home of the parent or legal guardian, it may be necessary to request to continue or terminate family reunification. Established guidelines for including this recommendation in the report are available in the Sample Status Review Report.
Case-Carrying CSW Responsibilities
Case-Carrying CSW Responsibilities
Case-Carrying CSW Responsibilities
Situations Requiring ARA Approval for the Status Review Hearing
ITA 21-03, Adobe e-Sign for Court Report
Family Background #1
Family Background #2 - DI
DCFS 159, Youth Advisement of Non-minor Dependency (Extended Foster Care)
Family Background #3 – Cover Sheet
Family Background #3 – Medical and Social History Information about the Birth Mother/Father
JV-290, Caregiver Information Form w/Cover letter
JV-501, Parentage – Findings and Judgment
0070-559.10, Clearances
0300-306.05, Noticing Process for Juvenile Court Proceedings
0300-308.07, Time Frames for Submission of Court Reports
0300-503.17, Writing the WIC 366.31 Status Review Hearing Report for Non-Minor Dependents
0400-504.00, Family Time
California Rules of the Court (CROC), Rule 5.487 – Explains the protocol for ICWA court hearings and mandates that the juvenile court and DCFS inquire whether a child is or may be an Indian child.
California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Division 31, Chapters 515-520 – States the provisions for the Indian Child Welfare Act (ICWA).
Welfare and Institutions Code (WIC) Section 224, 224.2, 244.2, 244.3, 244.4, 244.5, 244.6 – States, in part, that California has an interest in protecting, inquiring after, noticing, and intervening for Indian children who are members of, or are eligible for membership in an Indian tribe.
WIC Section 292 and 293 – Explains the notice requirements for the WIC 364, WIC 366.21, WIC 366.22 and WIC 366.25 Status Review Hearings.
WIC Section 349(d) – States, in part, that if the minor is ten (10) years of age or older and he/she is not present at the hearing, the court will determine whether the minor was properly notified of his/her right to attend the hearing and inquire whether the minor was given an opportunity to attend.
WIC Section 358.1 – Sets forth detailed requirements on the issue of sibling relationship which must be addressed in the social worker's social study or evaluation and must be received in evidence and considered before the court can render a disposition decision, and it must be updated and reviewed at subsequent review hearings.
WIC Section 361.49 – States how foster care entry dates are calculated.
WIC Section 361.5 – States that the court will consider the particular barriers to an incarcerated or otherwise institutionalized parent's access to those court-mandated services and ability to maintain contact with his/her child, and will document this information in the child's Case Plan.
WIC Section 361.5(g)(F)(2)(B) – States, in pertinent part, that a relative caregiver will be given information regarding the permanency options of guardianship and adoption.
WIC Section 361.6 – States the requirements for the review hearings for Nonminor dependents (NMDs) receiving Family Reunification (FR) services.
WIC Section 364 – States, in pertinent part, every hearing in which a child is placed under the supervision of the juvenile court and in which the child is not removed from the physical custody of his/her parent/legal guardian will be continued to a specific future date not to exceed six (6) months after the date of the original dispositional hearing.
WIC Section 366(a)(1) – States, in pertinent part, that the status of every dependent child in foster care will be reviewed periodically as determined by the court but no less recently than once every six (6) months.
WIC 366(a)(1)(D) - Sets forth detailed requirements on the issue of sibling relationships which must be addressed, updated and reviewed at status review hearings.
WIC Section 366.1(g) – States, in pertinent part, that one (1) aspect of each supplemental report filed pursuant to WIC Section 366 will include a discussion of whether a child who is ten (10) years of age or older who is placed in a group home has relationships with individuals other than the child's siblings that are important to the him/her, consistent with the child's best interest, and whether there were actions taken to maintain those relationships.
WIC Section 366.21(c) – States, in part, that the social worker must file a supplemental report with the court at least ten (10) calendar days prior to the hearing, regarding the services provided or offered to the parent/legal guardian and regarding the efforts made to achieve legal permanence for the child if efforts to reunify fail.
WIC Section 366.21(d) – Prior to any hearing involving a child in the physical custody of a community care facility or a foster family agency (FFA) that may result in the return of the child to the physical custody of his/her parent/legal guardian, in adoption, or the creation of a legal guardianship, the facility or agency will file with the court a report or a Judicial Council Caregiver Information Form (JV-290), containing its recommendation for disposition.
WIC Section 366.21(e) – States the conditions and time frame under which the court will order the return of the child to the physical custody of the parent/legal guardian at the review hearing held six (6) months after the initial dispositional hearing.
WIC Section 366.21(f) – States the conditions and time frame under which the court will order the return of the child to the physical custody of the parent/legal guardian at the review hearing held twelve (12) months after the initial dispositional hearing.
WIC Section 366.21(h) – States, in pertinent part, that in any case in which the court orders a hearing pursuant to WIC Section 366.26 be held, it will also order the termination of family reunification services to the parent/legal guardian. The court will continue to permit the parent/legal guardian to visit the child pending the hearing unless it finds that visitation would be detrimental to the child. The court will make any other appropriate orders to enable the child to maintain relationships with other individuals who are important to the child.
WIC Section 366.215 – States that the court will consider barriers to a parent’s ability to maintain contact with the child due to their incarceration, detention, or deportation in determining whether to set a WIC Section 366.26 hearing.
WIC Section 366.22– States the conditions and time frame under which the court will order the return of the child to the physical custody of the parent or legal guardian at the review hearing held eighteen (18) months after the child was originally removed.
WIC Section 366.24(b) – States that whenever an assessment is ordered pursuant to WIC Section 361.5, 366.21, 366.22, 366.25, or 366.26 for Indian children, the assessment will address the option of tribal customary adoption.
WIC Section 366.25(a)(1) – States that when a case has been continued pursuant to subdivision (b) of WIC Section 366.22, the subsequent permanency review hearing will occur within twenty-four (24) months after the date the child was originally removed from the physical custody of his/her parent or legal guardian.
WIC Section 366.26(c)(4)(C) – States, in part, that if parental rights are not terminated and legal guardianship or long term foster care is recommended, the court will make an order for visitation with the parents/legal guardians unless the court finds by a preponderance of evidence that the visitation would be detrimental to the physical or emotional well-being of the child.
WIC Section 366.31 – Sets forth regulations with respect to an NMD.
WIC Section 366.35 – States, in pertinent part, that the implementation and operation of the amendments related to the mandate to report whether a child who is ten (10) years of age or older and who has been in an out-of-home placement for six (6) months or longer has relationships with individuals other than the child's siblings that are important to the child, consistent with the child's best interests, and actions taken to maintain those relationships.
WIC Section 388(e) – States the conditions under which a Nonminor dependent for whom jurisdiction has previously been terminated may request a resumption of dependency jurisdiction prior to his/her twenty-first birthday.
WIC Section 391 – Provides the conditions for when a recommendation will be made to terminate jurisdiction over a dependent child who has reached the age of majority.
WIC Section 16501.1(d) – States, in pertinent part, that the Case Plan will be updated as the services needs of the child and family dictates in conjunction with each status review hearing conducted pursuant to the WIC Section 366.21 and 366.26 but no less frequent than once every six (6) months.