0300-503.17 | Revision Date: 07/27/17
Overview
This policy guide provides information and instructions on completing the WIC Section 366.31 Status Review Hearing Report for Nonminor Dependents (NMDs).
TABLE OF CONTENTS
Welfare and Institution Code (WIC) Section 366.31 Status Review Hearings
Review Hearing for NMD Living in the Family Home
Writing the WIC 366.31 NMD Status Review Hearing Report
Writing the WIC 366.31(f) NMD Adoption Report
Version Summary
This policy guide was updated from the 04/02/15 version based on ACL 15-100, addressing changes to WIC 366.3(e)(9)(D) which now requires additional information addressing sibling visitation to be documented in court reports. In addition, changes based on ACL 16-28 have been makde to include Another Planned Permanent Living Arrangement (APPLA) as a permanency option for youth 16 years of age or older and nonminor dependents. Refer to the sample WIC 366.31 Status Review Hearing Reportfor detailed information.
A Welfare and Institution Code (WIC) Section 366.31 Status Review hearing is held every six (6) months for nonminor dependents (NMDs) who participate in Extended Foster Care (EFC). Once a youth is in a permanent plan and is identified as a NMD, parents are not required to be noticed for the status review hearing. However, if the NMD is in reunification with parent(s), notice must still be provided.
A status review hearing report for a NMD must include the following:
Review Hearing for the NMD Living in the Family Home
A status review hearing report for a NMD who is living in the family home with a parent or guardian must include the following:
The court report is based on the assessment described per WIC 366.31(f)(5) in Attachment A. The court report must also have the following completed documents attached:
The following documents are prepared and submitted by the Adoption Attorney:
The court report and the attachments are submitted to the adoption attorney who then files their petitions with the adoption filing clerk window at Children's Court.
ARA approval is required for the following situations:
Sample WIC 366.31 Status Review Hearing Report
Family Background #1, ERFamily Background #2, DIFamily Background #3, Medical and Social History Information about the Birth Mother/Father (Spanish)
JV-290, Caregiver Information Form w/Cover letter (Spanish)
JV-365, Termination of Dependency Jurisdiction – Child Attaining Age of Majority
SOC 161, Six-Month Certification of Extended Foster Care Participation
Case Plan Update
JV-281, Notice of Hearing – Nonminor
JV-282, Proof of Service - Nonminor
JV-290, Caregiver Information Form
JV-365, Termination of Juvenile Court Jurisdiction - Nonminor
JV-464, How to Ask to Return to Juvenile Court Jurisdiction and Foster Care
0080-502.10, Case Plans
0080-504.11, Court Report Requirements for Children/Youth in Group Homes
0080-505.10, Youth Development: Transitional Independent Living Planning
0080-505.20, Health and Education Passport (HEP)
0100-510.10, Placement Capacity
0100-535.25, Extended Foster Care (EFC) Program
0100-560.40, Supervised Independent Living Placement (SILP)
0300-306.05, Noticing Process for Juvenile Court Proceedings
0300-306.80, Transportation Requests to Bring Children/Youth to Court
0300-308.07, Time Frames for Submission of Court Reports
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
0300-508.30, Identifying and Notifying the Court of Recurring Efforts to Locate Relatives and Nonrelative Extended Family Members (NREFMs)
0700-500.10, Education of DCFS-Supervised Children
0700-507.10, Appointment of an Educational Representative, Educational Surrogate Parent, or Developmental Services Decision-Maker
0900-523.10, Social Security(SS)/Supplemental Security Income (SSI) Benefits for Children in Care
1200-500.05, Adopting and Serving Children under the Indian Child Welfare Act (ICWA)
All County Letter (ACL) 16-28 - Another Planned Permanent Living Arrangment (APPLA)
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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 – States in part that California has an interest in protecting Indian children who are members of, or are eligible for membership in an Indian tribe. The state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices, in accordance with the ICWA and other applicable law.
WIC Section 295 – States who is required to receive notice of review hearings held pursuant to Sections 366.3 and 366.31 and for termination of jurisdiction hearings.
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 366.24 – Discusses tribal customary adoptions and “Indian Child” also includes a nonminor dependent as described in subdivision (v) of Section 11400, unless the nonminor dependent has elected not to be considered an Indian child pursuant to subdivision (b) of Section 224.1.
WIC Section 366.3 – States that the court may order a permanent plan of adoption for a nonminor dependent and how to proceed with any permanent plan for a child.
WIC 366.3(e)(9)(D) - Sets forth detailed requirements on the issue of sibling relationship which must be addressed, updated and reviewed at status review hearings.
WIC Sections 366.31 – Sets forth regulations with respect to a nonminor dependent and the appropriateness of maintaining jurisdiction; the report required for this hearing must address the current status of the case, services provided, youth participation and the recommendation to retain or terminate jurisdiction based on the best interest of the youth.
WIC Section 391 – States that at any hearing to terminate jurisdiction over a dependent child who has reached the age of majority the county welfare department shall; ensure that the child is present in court, unless the child does not wish to appear in court, or document efforts by the county welfare department to locate the child when the child is not available; submit a report verifying that information, documents, and services have been provided to the child.
WIC Section 11400(v) – States that nonminor dependent means a youth who turned eighteen (18) years of age on or after January 1, 2012 and is a foster child as described in USC 42, Sec. 675(8)(B) who is a current or former dependent child or ward of the juvenile court who has satisfied the following criteria: a) is completing high school or equivalent program (GED); or b) is enrolled in college, community college or a vocational education program; or c) is participating in a program to remove barriers to employment; or d) is employed at least eighty (80) hours a month; or e) is unable to do one of the above requirements because of a medical condition.
WIC Section 11401(e) – States that aid in the form of AFDCFC shall be provided under this chapter on behalf of any child under 18 years of age, and, on and after January 1, 2012, to any nonminor dependent.
WIC Section 11403 – Contains the provisions related to nonminor dependency.
WIC Section 16501.1(c) – Sets forth placement considerations for NMDs including requirements for a group home placement.
WIC Section 16501.1(d) – States in pertinent part that case plan shall be updated, as the services needs of the child and family dictates at a minimum in conjunction with each status review hearing.
WIC Section 16501.1(f) (16) (A) – Sets forth case plan requirements for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent. The case plan must include the transitional independent living plan (TILP)