Noticing Process for Juvenile Court Proceedings

0300-306.05 | Revision Date: 12/09/15

Overview

This policy guide provides procedures on how to properly notice all appropriate parties for court hearings.

TABLE OF CONTENTS

Policy

Notification of Mailing Address

Specialized Notice Requirements

Incarcerated Parents

Parents Who Reside Outside of the United States

Sensitive Cases

Children Age Ten (10) and Older

Non-Minor Dependents (NMDs)

Caregiver's Notice and Right to be Heard

Simple Notice Application (SNAP)

Mailing Court Reports with Notices

Children Under the Provisions of the Indian Child Welfare Act (ICWA) or American Indian Children from Federally Recognized Tribes

Responsible Parties

Notice Recipients

Method of Service and Time Frame

Initial Petition/Detention Hearing, Including Ex Parte Application

Responsible Parties

Notice Recipients

Method of Service and Time frame

Method of Service and Time frame for Continued Initial Petition/Detention Hearings

Jurisdictional/Dispositional Hearing (PRC)

Responsible Parties

Notice Recipients

Method of Service and Time Frame

WIC 364, 366.21, 366.22, 366.25, 366.3 or 366.31 Status Review Hearing

Responsible Parties

Notice Recipients

Method of Service and Time Frame

WIC 366.26 Hearing

Responsible Parties

Notice Recipients

Method of Service and Time frame

Procedure

Notification of Mailing Address

Case-Carrying CSW Responsibilities

Noticing Parties for an Initial Petition/Detention Hearing, Including Ex Parte Application

Detaining CSW Responsibilities

IDC CSW Responsibilities

Noticing Parties for an Initial Petition/Detention Hearing that is Continued

Detaining CSW/DI CSW Responsibilities

Noticing Parties When a Jurisdictional/Dispositional Hearing is Calendared

DI CSW or Case-Carrying CSW Responsibilities

Noticing Parties for a WIC 364, 366.21, 366.22, 366.25, 366.3 or 366.31 Status Review Hearing

Case-Carrying CSW Responsibilities

Noticing Parties for a WIC 366.26 Hearing

DI CSW or Case-Carrying CSW Responsibilities

Approvals

Helpful Links

Attachments

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 10/16/14 version to include instructions for CSWs that court reports for status review hearings must be provided to applicable parties ten (10) days prior to the hearing and that the date of mailing of the court report is to be documented o n the JV-510, Proof of Service. Clarification was added regarding the generation of populated JV-290 and JV-290-INFO in SNAP (Simple Notice Application). Clarifies that for initial petition/detention including ex-parte application, the detaining CSW is responsible for notification of siblings and attorneys and; IDC is responsible for submitting DCFS 4217, Children's Social Worker's Report and Order of Court for Removal of Prisoner from County Jail. Policy and instructions have been added regarding the JV-140, Notification of Mailing Address form, thereby canceling FYI 15-39 dated 11/09/15.

POLICY

Notification of Mailing Address

Upon his or her appearance before the court, each parent or guardian is asked to designate for the court, his or her permanent mailing address. The court advises each parent or guardian that the designated mailing address will be used by the court and DCFS for notice purposes unless and until the parent or guardian notifies the court or DCFS of a new mailing address, in writing, via the JV-140, Notification of Mailing Address form.

Specialized Notice Requirements

Incarcerated Parents

Regardless of the type of custody facility or whether an incarcerated parent is incarcerated in Los Angeles County, other parts of California, or out of state, notice rules for the specified hearing must be followed.

 

CSWs are only required to submit a removal order for an incarcerated parent for the following two (2) hearings:

 

It is best practice to request a removal order for all appearance hearings when a parent is incarcerated in a Los Angeles County or local facility/jail.

Parents Who Reside Outside of the United States

DCFS has a legal obligation to comply with the Hague Service Convention, including all noticing requirements, when a parent resides outside of the United States in a country that is a member of the Hague Convention, even when it is not court ordered for a parent to be noticed per the Hague Convention.

 

Notice under the Hague Service Convention is required for two (2) types of hearings:

Sensitive Cases

If a child's case is marked as sensitive, contact the Sensitive Cases Unit for assistance in obtaining addresses and contact information for noticing. Sensitive cases include but are not limited to involved parties who are:

Children Age Ten (10) and Older

In addition to the required notice, if a child is ten (10) years of age or older, he/she has the right to attend a hearing and must be given the opportunity to attend, even if he/she is incarcerated/institutionalized. CSWs must arrange for the child's transportation if the child wishes to attend the hearing.

 

If the child was not properly notified or if he/she wished to be present and was not given the opportunity to be present at a hearing, the court will continue the hearing to allow the child to be present unless the court finds that it is in the best interests of the child not to continue the hearing.

Non-Minor Dependents (NMDs)

Once a youth turns eighteen (18) and becomes a nonminor dependent, the parent's attorneys are relieved at the hearing, at which point no notice is required for a parent, unless he/she is receiving continued family reunification (FR) services.

 

A CSW is required to give notice of review hearings and termination of jurisdiction hearings involving NMDs to the following individuals:

 

If NMDs are not able to attend a court hearing in person, telephonic court appearances are allowed.

 

If the court is considering the termination of jurisdiction of an NMD, the CSW must ensure that the NMD is present in court unless he/she does not wish to appear in court. The exception is when the NMD has elected a telephonic appearance or when efforts were made to locate the NMD but were unsuccessful and when those efforts have been documented.

Caregiver's Notice and Right to be Heard

The child/NMD's current caregiver is entitled to receive notice of, and to have the opportunity to be heard at, hearings specified herein. The right to be heard includes the right to submit written information to the court, including by using the JV-290, Judicial Council Caregiver Information Form, or by submitting a letter to the court.

Back to Policy

Simple Notice Application (SNAP)

Notices for all court hearings can be populated on CWS/CMS or through Simple

Notice Application (SNAP).

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Mailing Court Reports with Notices

If a court report is completed and approved by a SCSW at the time the notice(s) are completed, a CSW is to mail the court report, any attachments, and the notice to the parents and any child if who is over twelve (12) years of age. Court reports for status review and WIC 366.26 hearings must be provided to applicable parties ten (10) days prior to the hearing.

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Children Under the Provisions of the Indian Child Welfare Act (ICWA) or American Indian Children from Federally Recognized Tribes

The following requirements are in addition to the requirements listed for each hearing, unless otherwise specified or amended.

Responsible Parties

The CSW responsible for providing notice for the hearing.

Notice Recipients

In addition to the parties requiring notice for a specified hearing, if a child may come under the provisions of the Indian Child Welfare Act (ICWA), or is an Indian child from a federally recognized tribe, notice must be provided to the following parties along with the documents listed under Method of Service and Time frame, unless otherwise specified or amended:

 

Person/Entity to be Noticed

Exceptions/Further Requirements

Parent and/or legal guardian

 

All federally recognized tribes in which the child may claim or may be eligible for membership by tribal affiliation (tribe/Rancheria), if known

Notice must be sent to the individuals at the address on the list of designated agents for service developed by the Bureau of Indian Affairs (BIA) and to the contact person and address from the California Department of Social Services (CDSS).

  • Refer to the Existing Tribal Organization located in the Resource Management Section of CWS/CMS to obtain the address of federally recognized tribes.
  • If the address of the tribe is unknown, contact the Indian Child Welfare Unit at (626) 938-1846 or (626) 938-1838 for assistance in locating updated tribal information.
  • Notice the tribal Chairperson, unless the tribe has designated another agent for service in the BIA list of designated agents.
  • If the tribe has not designated another agency for service in the BIA list of designated agents and the name of the tribal Chairperson is unknown, address notice to the tribe as follows: "Tribal Chair Person, [Name of Tribe]."

 

For NMDs, only send notice when the NMD has elected to have ICWA continue to apply past his/her eighteenth (18th) birthday.

Indian Custodian

 

Bureau of Indian Affairs (BIA)

Send the notice to the:

Sacramento Area Director

Bureau of Indian Affairs

Federal Office Building

2800 Cottage Way

Sacramento, CA 95825

Secretary of the Interior (SOI)

Send the notice to the:

U.S. Department of the Interior

Bureau of Indian Affairs

1849 C Street, N.W.

Washington, D.C. 20240

Method of Service and Time Frame

Notice must be provided according to the following guidelines for cases involving children falling under the ICWA criteria, in addition to the noticing guidelines for a specific hearing:

 

 

Method of Service and Time Frame

Type of Notice

  • ICWA-030, Notice of Child Custody Proceeding for Indian Child. This must be used until one (1) of the following applies:
  • The court finds the notice proper.
  • The tribe acknowledges in writing that the child is not a member and is not eligible for membership, and the court determines that ICWA does not apply.
  • It has been more than sixty (60) days since the tribe received the notice, it has not responded, and the court determines the ICWA does not apply.
  • The tribe intervenes.
  • The tribe acknowledges in writing that the child is a member of the tribe or is eligible for membership.
  • When a federally recognized tribe confirms that a child is American Indian, the tribe must be noticed for all hearings regarding the Indian child.
  • The Indian tribe must receive the Regular Notice form that is required for that hearing. Afterward, the ICWA-030 is no longer used and no further notice is required for BIA or SOI.
  • Each child must have his/her own ICWA-030 notice completed.
  • Multiple children cannot be listed on the ICWA-030.
  • The ICWA-030 can be automatically generated from the Notices Page under Notice Type in the Hearing Notebook and is listed under ICWA.
  • The ICWA-030(A), Attachment to Notice of child Custody Proceedings for Indian Child will automatically be generated as an attachment to the ICWA-030 when more than four (4) tribes receive a notice of hearing.
  • The ICWA-030 and ICWA-030(A) are also available on CWS/CMS under LA County specific templates and on LA Kids in the Forms section.
  • ICWA-030(A), Attachment to Notice of Child Custody Proceedings for Indian Child.
  • To be used only if all tribes served were not listed on the ICWA-030.
  • Petition
  • Child's birth certificate, if available

Delivery Method

Either:

  • Certified Mail Return Receipt Requested; or
  • Registered Mail Return Receipt Requested

Time Frame

At least thirty (30) days prior to the hearing, when possible:

  • The ICWA-030 must be received:
  • By any tribe, at least ten (10) days prior to the hearing
  • By federal agencies, at least fifteen (15) days prior to the hearing

For detention hearings:

  • Notice must be given as soon as possible after the filing of the petition.
  • Proof of Notice must be filed with the court within ten (10) days after the filing of the petition.

Exceptions/Further Requirements

  • The notice must contain the following statements:
  • That the parent or Indian custodian and the tribe have a right to intervene at any point in the proceedings;
  • That the parent or Indian custodian and the tribe will upon request be granted up to twenty (20) additional days to prepare for the proceedings.
  • The ICWA-030 accompanies the required notice to the parent/legal guardian (JV-300), which must be updated to reflect the permanency option of Tribal Customary Adoption (TCA) for American Indian children, if recommended by the child's Indian tribe.
  • If a 366.26 hearing is continued to file the Tribal Customary Adoption Order (TCAO), use the JV300, Notice of Hearing on Selection of a Permanent Plan – Juvenile, to notice all appropriate parties, including the child's tribe.
  • As proof of sending notice, the CSW must file the following with the court before the hearing:
  • Copies of notices sent – ICWA 030; ICWA 030A; ICWA-010(A), Petition, regular notice of hearing
  • All return receipts
  • For any responses from the tribes, BIA and Secretary of the Interior.

Back to Policy

Initial Petition/Detention Hearing, Including Ex Parte Application

Responsible Parties

The detaining CSW must provide either oral or written notice for both detained and non-detained petitions. The CSW and Clerk must, by law, serve the notice and a copy of the petition when a petition is filed. The CSW must document the method of notice provided for all parties in the Detention Report.

 

When filing a petition on a child with siblings on an open case, the Case-Carrying CSW/Emergency Response/Command Post (ERCP) CSW must notice the required persons by telephone or in writing (Notification Letter) at least twenty-four (24) hours prior to the hearing.

 

For continued Initial Petition/Detention Hearings, the detaining CSW or Dependency Investigator (DI) CSW is responsible for providing notice to all required persons entitled to receive notice.

Notice Recipients

The following parties must be served a notice for initial petitions and detention hearings, including Ex Parte Applications:

 

Person Required to be Noticed

Exceptions/Further Requirements

Mother(s)

  • Unless parental rights have been terminated.

Father(s)

  • To all presumed and alleged, unless parental rights have been terminated.

Legal guardian(s)

If a parent/legal guardian resides out-of state or his/her whereabouts are unknown:

  • Send the notice to any adult relative residing within the county or, if there are none, to the adult relative residing nearest to the court.
  • List the name(s) and address(es) of the relative in the indicated space on the cover sheet of the petition.
  • Provide notice of the hearing and, if possible, a copy of the petition to the relative who will serve as a substitute for the parent/legal guardian.

Child(ren)

  • When ten (10) years of age or older.

Attorney(s)

  • If any

Any known sibling(s), if that sibling is either the subject of a dependency court proceeding or has been adjudged to be a dependent child of the juvenile court

The following requirements only apply when the sibling's hearing is calendared on a different day or in a different court than the child's hearing.

  • If the sibling is ten (10) years of age or older, notice the sibling, the sibling's caregiver, and the sibling's attorney.
  • If the sibling is under ten (10) years of age, notice the sibling's caregiver and the sibling's attorney.

Probate Court

  • If the probate court granted legal guardianship.

Child Court Appointed Special Advocate (CASA)

  • If any

Method of Service and Time Frame

For initial petition and detention hearings, there are separate notices for the Edelman Children's Court and the Antelope Valley court. The responsible CSW must provide notice according to the following guidelines:

 

Child in Custody

Child Not in Custody

Type of Notice

  • Notification Letter
  • JV-100, Juvenile Dependency Petition

 

  • Notification Letter
  • JV-100, Juvenile Dependency Petition

Delivery Method

  • Oral notice by telephone, voicemail,or at a CFT meeting
  • If oral notice is used, CSW must file a declaration stating so and for whom.
  • Written (Notification Letter) via first class mail, if unable to provide oral notice.

 

  • First class mail in the recipient's primary language.
  • If the parent/legal guardian is unable to read, provide oral notice.

Time Frame

As soon as possible, but at least twenty-four (24) hours prior to the hearing:

  • Notification Letter must be sent by 4:00pm on the day the child is detained.

As soon as possible, and at least ten (10) days prior to the hearing.

Exceptions/ Further Requirements

If CSW was either unable to mail a Notification Letter and a JV-100 by 4:00pm due to the timing of the detention or if the parent/legal guardian is unable to read, provide oral notice.

 

Back to Policy

Method of Service and Time Frame for Continued Initial Petition/Detention Hearing

 

Child in Custody

Child Not in Custody

Type of Notice

  • CT-NOTPET, Notice of Hearing on Petition.
  • JV-100, Juvenile Dependency Petition
  • JV-505, Statement Regarding Parentage
  • JV-510, Proof of Service - Juvenile
  • Copy of the Petition
  • Send to all parties entitled to receive notice.

Use the same forms as a child who is detained.

Delivery Method

First class mail in the recipient's primary language.

 

First class mail in the recipient's primary language.

Time Frame

As soon as possible, but at least five (5) days prior to the hearing.

  • However, if the hearing is set in less than five (5) days, notice must be given at least twenty-four (24) hours prior to the hearing.

As soon as possible, and at least ten (10) days prior to the hearing.

Exceptions/ Further Requirements

  • For children retained in custody, a Notification Letter is only necessary if the detaining CSW was unable to provide oral notice for the initial hearing.
  • If the person requiring notice is in criminal custody, send the written notice and petition to the place on incarceration within the required time frame.

If the person requiring notice is in criminal custody, send the written notice and petition to the place of incarceration within the required time frame.

 

For ex parte applications, telephonic notice of the request must be provided no less than twenty-four (24) hours in advance of the hearing. The date and time if the hearing must be approved by the court.

Jurisdictional/Dispositional Hearing (PRC)

Responsible Parties

The Dependency Investigator (DI) CSW or the e case-carrying CSW in a vertical case management section is responsible for providing notices.

Notice Recipients

The following parties must be served a notice:

 

Person Required to be Noticed

Exceptions/ Further Requirements

Mother(s)

  • Unless parental rights have been terminated.

Father(s)

  • All presumed and alleged, unless parental rights have been terminated.

Legal guardian(s)

If a parent/legal guardian resides out-of state or their whereabouts are unknown:

  • Send the notice to any adult relative residing within the county or, if there are none, to the adult relative residing nearest to the court.
  • List the name(s) and address(es) of the relative in the indicated space on the cover sheet of the petition.
  • Provide notice of the hearing and, if possible, a copy of the petition to the relative who will serve as a substitute for the parent/legal guardian.

Child(ren)

  • When ten (10) years of age or older.

Attorney(s)

All of record, unless the attorney was present in court when the hearing date was scheduled.

Any known sibling(s), if that sibling is either the subject of a dependency court proceeding or has been adjudged to be a dependent child of the juvenile court

The following requirements only apply when the siblings hearings is calendared on a different day or in a different court than the child's hearing:

  • If the sibling is ten (10) years of age or older, notice the sibling, the sibling's caregiver, and the sibling's attorney.
  • If the sibling is under ten (10) years of age, notice the sibling's caregiver and the sibling's attorney.

Child Court Appointed Special Advocate (CASA)

If any

Child's Current Caregiver

Caregivers include a foster parent, pre-adoptive parent, relative caregiver, and non-relative extended family member (NREFM).

Method of Service and Time Frame

The responsible party is to provide printed notice according to the following guidelines:

 

Child in Custody

Child Not in Custody

Type of Notice

CT-NOTPET, Notice of Hearing on Petition.

  • If including a summary of recommendations for a caregiver, use the notice form in their primary language.
  • JV-100, Juvenile Dependency Petition:
  • If the recommendation is for "No Reunification Services", add the following typed notice to the end of the petition and on the face of the JV-100 in capitalized, bold type:
  • "The Department of Children and Family Services may seek an order pursuant to WIC 361.5(b) that no reunification services must be provided to the family, which would result in immediate permanency through termination of parental rights, adoption, legal guardianship, or planned living arrangement."
  • JV-510, Proof of Service - Juvenile
  • JV-505, Statement Regarding Paternity (Juvenile Dependency):
  • If not filed in the case records, give to all alleged father(s).
  • JV-290, Juvenile Council Caregiver Information Form:
  • Generate in SNAP or from Court Notebook in CWS/CMS.
  • Give only to child's current caregiver, if applicable, in his/her primary language.
  • JV-290 INFO, Juvenile Council Caregiver Information Form Letter:
  • Generate in SNAP or from Court Notebook in CWS/CMS.
  • Give only to child's current caregiver, if applicable, in his/her primary language.
  • Give only to child's current caregiver, if applicable, in his/her primary language.

Use the same forms as a child who is detained.

Delivery Method

  • When required person was not present at initial hearing:
  • Personal service or by certified mail return receipt requested (CMRRR). All CMRRR evidence of mailing and any returned receipts must be filed with the court.
  • When required person was present at initial hearing:
  • Personal service or first class mail.

Personal service or by first class mail.

Time Frame

  • As soon as possible and at least five (5) days calendar days prior to the hearing.
  • If hearing is set less than five (5) days prior, then at least twenty-four (24) hours prior to the hearing.

At least ten (10) calendar days prior to the hearing.

Exceptions/ Further Requirements

If the recommendation is "No Reunification Services":

  • Send a summary of recommendation for disposition with the JV-290, JV-290 INFO and DCFS JV-290 Cover Letter to the current caregiver. Do not send the jurisdiction/disposition report.
  • Include the summary of recommendations on the CT-NOTPET notice form.
  • If the caregiver returns the JV-290 to the CSW instead of the court, submit the JV-290 to court prior to the hearing.
  • If received after the report has been sent to court, forward the JV-290 with a Last Minute Information (LMI) for the Court.
  • If not received in time to forward with a LMI, fax the JV-290 to the Juvenile Court Services (JCS) liaison.
 

If any parent's/legal guardian's whereabouts are unknown:

  • Initiate a Due Diligence search according to established procedures.

 

For Subsequent jurisdictional/dispositional hearings:
  • Send notices for all hearings for which there is sufficient time to send the notice within statutory limits, unless specifically ordered by the court not to do so.

 

Notice under the Hague Service Convention is required if the parent resided outside the United States and has not made a general court appearance.

Same exceptions/further requirements, as a child who is detained.

Back to Policy

WIC 364, 366.21, 366.22, 366.25, 366.3 or 366.31 Status Review Hearing

Responsible Parties

The case-carrying CSW must provide notice to the following parties when a WIC 364, 366.21, 366.22, 366.25, 366.3 or 366.31 Status Review Hearing has been calendared.

Notice Recipients

The following parties must be served a printed notice:

 

Person Required to be Noticed

Exceptions/Further Requirements

Mother(s)

  • Unless parental rights have been terminated
  • No notice is required for a parent of a nonminor dependent (NMD), unless requested by the NMD or the parent who is receiving continued family reunification (FR) services.

Father(s)

  • Unless parental rights have been terminated.
  • For WIC 364, 366.21, 366.22, & 366.25 hearings, notice:
  • Presumed father
  • Any man receiving services per court order
  • For WIC 366.3 hearings, notice both:
  • Presumed father
  • Alleged father, if the recommendation is to set a new 366.26 hearing
  • No notice is required for a parent of a nonminor dependent (NMD), unless requested by the NMD or the parent is receiving continued family reunification (FR) services.

Legal guardian(s)

 

Child(ren) or NMD(s)

  • If ten (10) years or older,
  • For NMDs, notice must be sent to any known siblings of the NMD, the current caregiver of the NMD, and the NMD's court appointed special advocate (CASA).
  • If the NMD cannot attend the court hearing in person, telephonic court appearances are allowed.
  • If the court is considering termination of jurisdiction, ensure that the NMD is present in court unless any of the following apply:
  • He/she does not wish to appear in court;
  • He/she elects a telephonic appearance;
  • Unsuccessful efforts have been made to locate the NMD and these efforts have been documented.

Attorney(s)

  • All of record, unless the attorney was present in court when the hearing was scheduled.

Any known sibling, if that sibling is either the subject of a dependency proceeding or has been adjudged to be a dependent child of the juvenile court

  • If the sibling is ten (10) years of age or older, notice the sibling, the sibling's caregiver, and the sibling's attorney.
  • If the sibling is under ten (10) years of age, notice the sibling's caregiver and the sibling's attorney.
  • These requirements only apply when the sibling's hearings is calendared on a different day or in a different court than the child's hearing.

CASA

  • If applicable

Child or NMD's current caregiver

  • Caregivers include a foster parent, pre-adoptive parent, relative caregiver, non-relative extended family member (NREFM), community care facility, or foster family agency (FFA) having custody of the child.
  • If notice is sent to the FFA and not directly to the caregiver's home certified by the FFA, the FFA must provide timely notice to the child's caregiver.

Method of Service and Time Frame

The responsible party is to provide printed notice according to the following guidelines:

 

Type of Notice

JV-280, Notice of Review Hearing – Juvenile (except NMDs)

 

JV-510, Proof of Service – Juvenile (except NMDs)

  • Generate in SNAP or from Court Notebook in CWS/CMS.

 

JV-290, Juvenile Council Caregiver Information Form

  • Generate in SNAP or from Court Notebook in CWS/CMS.
  • Give the form only to child's current caregiver, if applicable, in his/her primary language.

 

JV-290 INFO, Juvenile Council Caregiver Information Form

  • Generate in SNAP or from Court Notebook in CWS/CMS.
  • Give only to child's current caregiver, if applicable, in his/her primary language.

 

DCFS JV-290 Cover Letter

  • Give only to child's current caregiver, if applicable, in his/her primary language.

Delivery Method

First class mail, certified mail return receipt requested (CMRRR), or personal service within the same time frames.

Time Frame

Notice of Review Hearing:

  • No earlier than thirty (30) days but no later than fifteen (15) days prior to the hearing.

Status Review Report and Transitional Independent Living Case Plan for youth fourteen (14) and over:

  • In California, at least seventeen (17) calendar days prior to the hearing.
  • Outside of California, at least twenty-two (22) calendar days prior to the hearing.
  • Mail to all parties, attorneys, and the CASA.
  • Do not send a copy of the report to the caregiver.

 

For a child or NMD's current caregiver or facility:

  • At least ten (10) calendar days before the hearing provide:
  • JV-280 or JV-281;
  • A summary of the recommendations for disposition and any recommendations for change in custody or status;
  • JV-290 and JV-290-INFO.

Exceptions/Further Requirements

  • If the parent's/legal guardian's whereabouts are unknown, send notice by CMRRR to his/her court-designated permanent mailing address and to all possible addresses identified in the Due Diligence Affidavit.

Back to Policy

WIC 366.26 Hearing

Responsible Parties

Notice must be provided to the individuals listed in the table below for a WIC 366.26 hearing by the following individuals:

Notice Recipients

The following parties must be served a notice:

 

Person Required to be Noticed

Exceptions/Further Requirements

Mother(s)

Unless either:

  • Parental rights have been terminated; or

Father(s)

Unless either:

  • Parental rights have been terminated; or
  • An alleged father has denied paternity and waived the right to notice of future hearings on form JV-505, Statement Regarding Paternity (Juvenile Dependency)

Child(ren)

  • When ten (10) years of age or older

Grandparents of the child

If both the following apply:

  • Their addresses are known; and
  • The parent's whereabouts are unknown

Attorney(s)

  • All of record, unless the attorney was present in court when the hearing was scheduled

Any known sibling(s) if that sibling is either the subject of a dependency court proceeding or has been adjudged to be a dependent child of the juvenile court.

The following requirements only apply when the sibling's hearing is calendared on a different day or in a different court than the child's hearing.

  • If the sibling is ten (10) years of age or older, notice the sibling, the sibling's caregiver, and the sibling's attorney.
  • If the sibling is under ten (10) years of age, notice the sibling's caregiver and the sibling's attorney.

 

Child Court Appointed Special Advocate (CASA)

  • If applicable

Current caregiver of the child

  • Caregivers include a foster parent, pre-adoptive parent, relative caregiver, and non-relative extended family member (NREFM).

Method of Service and Time Frame

The responsible party is to provide printed notice according to the following guidelines:

 

Type of Notice

JV-300, Notice of Hearing on Selection of a Permanent Plan – Juvenile

 

JV-310, Proof of Service – Juvenile Hearing Under Section 366.26 of the Welfare and Institutions Code Section

  • Generate in SNAP or from Court Notebook in CWS/CMS.

 

JV-290, Juvenile Council Caregiver Information Form

  • Generate in SNAP or from Court Notebook in CWS/CMS.
  • Give only to child's current caregiver, if applicable, in his/her primary language.

 

JV-290 INFO, Juvenile Council Caregiver Information Form

  • Generate in SNAP or from Court Notebook in CWS/CMS.
  • Give only to child's current caregiver, if applicable, in his/her primary language.

 

DCFS JV-290 Cover Letter

  • Give only to child's current caregiver, if applicable, in his/her primary language.

 

JV-505, Statement Regarding Paternity (Juvenile Dependency), if it is not on file.

Delivery Method and Time Frame for:

 

 

Mother(s) and Father(s), all presumed and alleged

 

If the Department's recommendation is adoption, notice may be by any of the following method of service:

  • Court orders parent to return for the 366.26 hearing and orders notice to the parent by first class mail at the parent's usual place of residence or business only.
  • Notice must be mailed at least fifty-five (55) calendar days before the hearing.
  • Certified Mail Return Receipt Requested (CMRRR) mailed to parent's last know mailing address.
  • Must be mailed at least fifty-five (55) calendar days before the hearing.
  • The signed return receipt must be signed by the parent and filed in court for notice to be deemed legally sufficient.
  • Personal service (i.e. hand delivery of the notice) at least forty-five (45) calendar days before the hearing.
  • Substituted personal notice:
  • Notice is hand delivered to a competent person at least eighteen (18) years of age at the parent's usual place of residence or business.
  • Notice must be immediately followed by the mailing of a second notice to the parent by first class mail at the place where the notice was delivered at least fifty-five (55) calendar days before the hearing.

 

If the Department's recommendation is legal guardianship or planned permanent living arrangement, only first class mail sent to the parent's usual place of residence is needed. However, CSWs may also provide notice using any of the four(4) methods of service listed above under the adoption recommendation section.

Out of state parent

If the Department's recommendation is adoption, legal guardianship, or planned living arrangement, notice may be by any of the following methods:

  • CMRRR mailed to the parent's usual place of residence or business at least fifty-five (55) calendar days before the hearing.
  • All CMRRR evidence of mailing and any returned receipts must be filed with the Court.
  • Court orders parent to return to the 366.26 hearing and orders notice to the parent by first class mail at the parent's usual place of residence or business only, which must be mailed at least fifty-five (55) calendar days before the hearing.

 

Whereabouts unknown parent

Due Diligence Search must be submitted to court at least ninety (90) calendar days before the hearing to obtain a court finding that the due diligence is legally sufficient. Once the court has deemed the due diligence to be legally sufficient, the CSW may then notice as follows:

  • If the Department's recommendation is adoption, and if the parent has an attorney, notice:
  • The parent's attorney of record by CMRRR mailed to the parent's attorney at least fifty-five (55) calendar days before the hearing (addressed to the parent "in care of" the attorney); and
  • The grandparents, if their identities are known, by first class mail at least fifty-five (55) calendar days before the hearing.
  • If the Department's recommendation is adoption, and if the parent has no attorney, notice is as follows:
  • The court shall order service by publication of the notice citation, which must run in a newspaper once a week for four (4) consecutive weeks with the last publication appearing no later than thirty (30) days prior to the WIC 366.26 hearing, not including the day of the hearing; and
  • The grandparents, if their identities and addresses are known, by first class mail at least fifty-five (55) calendar days before the hearing.
  • If the Department's recommendation is legal guardianship or planned permanent living arrangement, no further notice to the parent is required. However, notice must be sent to the grandparents, if their identities and addresses are known by first class mail at least 55 calendar days before the hearing.
Whereabouts unknown parent is subsequently found
  • If the Department's recommendation is adoption and the parent is in California, immediately serve notice by one of the following;
  • CMRRR mailed to parent's last know mailing address and signed by the parent, at least fifty-five (55) calendar days before the hearing. All CMRRR evidence of mailing and any returned receipts must be filed with the Court.
  • If the Department's recommendation is adoption and the parent is out of state, immediately serve notice by one of the following methods of service:
  • CMRRR mailed to the parent's usual place of residence or business at least fifty-five (55) calendar days before the hearing. All CMRRR evidence of mailing and any returned receipts must be filed with the court.
  • If the Department's recommendation is legal guardianship or planned permanent living arrangement and the parent is in California, immediately serve by first class mail to the parent's usual place of residence or business at least fifty-five (55) calendar days before the hearing.
  • If the Department's recommendation is legal guardianship or planned permanent living arrangement and the parent is out of state, notice may be provided by any of the following methods:
  • CMRRR mailed to the parent's usual place of residence or business at least fifty-five (55) calendar days before the hearing. All CMRRR evidence of mailing and any returned receipts must be filed with the court.
  • Personal service at least forty-five (45) calendar days before hearing
Parent's identity is unknown or name is uncertain

Due Diligence Search must be submitted to court at least ninety (90) calendar days before the hearing to obtain a court finding that the due diligence is legally sufficient. Once the court has deemed the due diligence to be legally sufficient, CSW may then notice as follows:

  • If the Department's recommendation is adoption, the court has the option of ordering publication or ordering no further notice.
  • If the Department's recommendation is legal guardianship or planned permanent living arrangement, no further notice to the parent is required.

Child ten (10) years or older

 

Sibling(s) (only if known, is a subject of dependency court, or if sibling's case is calendared on a different day and/or in a different court)

 

Grandparent(s) (only if whereabouts, identity, and address are known)

 

All attorneys of record (only if not present in court at time 366.26 hearing date was set)

 

Current Caregiver

 

CASA

If the Department's recommendation is adoption, legal guardianship or planned permanent living arrangement, notice must be by first class mail sent to the person's usual place of residence or business at least fifty-five (55) calendar days before the hearing.

Exceptions/Further Requirements

Removal orders for incarcerated parents must be issued according to established procedures.

  • Parties other than the CSW can personally notice parents:
  • In most counties, the Sheriff's Department performs this service.
  • Procedures for out-of-county personal service must be adhered to.

 

Notice must be given to a parent who resides in a country under the Hague Service Convention if all of the following apply:

  • He/she resides outside the United States; and
  • He/she has not made a general appearance; and
  • The recommendation is termination of parental rights (TPR).

 

  • If a WIC 366.26 hearing is continued, regardless of the type of notice required, or the manner in which it is served, once the court has made the initial finding that WIC 366.26 notice has been properly given to the parent or any entitled person, subsequent notice for any continuation of the hearing may be by:
  • First Class Mail to any last known address at least fifty-five (55) calendar days before the hearing; or
  • Per court order

 

  • If after the initial WIC 366.26 hearing, the Department's recommendation for a permanent plan subsequently changes from that contained in the notice previously found to be proper by the court, notice for the new recommendation must be provided to the parent and to any person entitled to receive notice as indicated above.

Back to Policy

PROCEDURE

Notification of Mailing Address

CSW Responsibilities

  1. Contact the trial attorney County Counsel to request a copy of the JV-140 if a copy has not been received within one week of the parent's first court appearance.

 

  1. When a parent has moved, but there is no JV-140 with the new address, send the hearing notice to the address designated on the JV-140 and a second notice to where the parent is currently residing.

 

Noticing Parties for an Initial Petition/Detention Hearing, Including Ex Parte Application

  1. Provide notice to the required parties using the required method of service and time frame, taking note of any exceptions or further requirements.
  1. Make every attempt to notice dependent siblings and their attorneys of the time and place of the hearing.
  1. Search CWS/CMS to locate all dependent siblings and attorneys.
  1. If, due to the hour of the day the child was detained, it is not possible to notice dependent siblings and their attorneys, document in the Detention Report the names, addresses, telephone numbers and the reason(s) why this task was not completed (e.g., child was detained after 10:00 p.m.) so that Intake and Detention Control (IDC) can follow up.
  1. Continue efforts to notice the sibling(s) and attorney(s) on the following business day and submit a DCFS 4216, Last Minute Information for the Court, if necessary.
  1. If appropriate, ensure that notice requirements for Indian children are followed.

 

  1. Document in the Detention Report and in the Court Notebook all parties that have been provided notice of the hearing.
  1. Include the names of the person, his/her relationship to the child, and the date and time that notice was provided.

IDC CSW Responsibilities

  1. Confirm the Detention Hearing date with the parent(s) and/or legal guardian(s).
  1. Read the initial petition to the noticed party.
  1. Complete the court report addendum.

 

  1. If the parent is in custody in a county incarceration facility, complete the DCFS 4217, Children's Social Worker Report and Order of Court for Removal of Prisoner from County Jail and submit to IDC support staff.
  1. Send the completed DCFS 4217 to the Juvenile Court Services (JCS) clerk as soon as possible but no later than three (3) business days prior to the hearing for processing.
  1. Complete the JV 450, Order for Prisoner's Appearance at Hearing Affecting Prisoner's Parental Rights and Waiver of Appearance, for parties incarcerated in state custody or in other county/city jails outside of Los Angeles County.

 

  1. If the detaining CSW has not already done so, contact the dependent siblings, their attorneys, and the court appointed special advocate (CASA) and provide oral notice.
  1. Document in the Detention Report and in the Court Notebook that the person(s) have been provided notice of the hearing.
  1. Include the names of the person, his/her relationship to the child, and the date and time that notice was provided.

Back to Procedure

Noticing Parties for an Initial Petition/Detention Hearing that is Continued

Detaining CSW/DI CSW Responsibilities

  1. Provide notice to the required parties using the required method of service and time frame, taking note of any exceptions or further requirements.
  1. Select the appropriate recommendation.
  1. Send a copy of the initial petition and the notice to all persons entitled to receive the notice.
  1. Ensure that requirements for Indian children are met.

 

  1. Submit a removal order for any incarcerated parent.

 

  1. Document the method of notice and the date it was provided to all parties in the court report.

 

  1. Print the notices and proofs of service.
  1. Attach them to the court report with any signed receipts for notices sent by certified mail.
  1. Retain copies in the case file.

Back to Procedure

Noticing Parties When a Jurisdictional/Dispositional Hearing is Calendared

DI CSW or Case-Carrying CSW Responsibilities

  1. If necessary, initiate a due diligence search for any parent/legal guardian whose whereabouts are unknown.
  1. Select the appropriate recommendation.

 

  1. Provide notice to the required parties using the required method of service and time frame, taking note of any exceptions or further requirements, including the JV-290 Caregiver Information Form and Cover Letter, if applicable.
  1. Ensure that requirements for Indian children are met.

 

  1. Submit a removal order for any incarcerated parent.

 

  1. Document the method of notice and the date it was provided to all parties in the Court Notebook and in the court report.

 

  1. Print the notices, JV-290, if applicable, and proofs of service.
  1. Attach them to the court report with any signed receipts for notices sent by certified mail.
  1. Retain copies in the case file.

Back to Procedure

Noticing Parties for a WIC 364, 366.21, 366.22, 366.25, 366.3 or 366.31 Status Review Hearing

Case-Carrying CSW Responsibilities

  1. Provide notices using the required method of service and time frame, taking note of any exceptions or further requirements, including the JV-290, Caregiver Information Form and Cover Letter, if applicable.
  1. Select the appropriate recommendation.
  1. Ensure that requirements for Indian children are met.
  1. Ensure that requirements for nonminor dependents (NMDs) are met.

 

  1. Submit a removal order for any incarcerated parent.

 

  1. Document the method of notice and date provided for all parties in the Court Notebook and court report.

 

  1. Print the notices, JV-290, if applicable, and proofs of service.
  1. Manually document the date the court report was mailed next to each party on the JV-10. Stating: "Court report mailed on {insert date}."
  1. Attach them to the court report with any signed receipts for notices sent by certified mail.
  1. Attach them to the court report with any signed receipts for notices sent by certified mail.
  1. For youth fourteen (14) and over, also attach the 90-day Transition Plan, if applicable.
  1. Retain copies in the case file.

Back to Procedure

Noticing Parties for a WIC 366.26 Hearing

DI CSW or Case-Carrying CSW Responsibilities

  1. Provide notices using the required method of service and time frame, taking note of any exceptions or further requirements, including the JV-290, Caregiver Information Form and Cover Letter, if applicable.
  1. Select the appropriate recommendation.
  1. Ensure that requirements for Indian children are met.
  1. Ensure that requirements for nonminor dependents (NMDs) are met.

 

  1. Submit a removal order for any incarcerated parent.

 

  1. Document the method of notice and date provided for all parties in the Court Notebook and court report.

 

  1. Print the notices, JV-290, if applicable, and proofs of service.
  1. Manually document the date the court report was mailed next to each party on the JV-10. Stating: "Court report mailed on {insert date}."
  1. Attach them to the court report with any signed receipts for notices sent by certified mail.
  1. Retain copies in the case file.

Back to Procedure

APPROVALS

None

HELPFUL LINKS

Attachments

Hague Notice and International Noticing Tips

County Counsel's ICWA Notice Program

Notice Chart Reference Guide

Forms

CWS/CMS

CT-NOTPET, Notice of Hearing on Petition

DCFS 4216, Last Minute Information for the Court

ICWA-020, Parental Notification of Indian Status

ICWA-030, Notice of Child Custody Proceeding for Indian Child

ICWA-030(A), Attachment to Notice of Child Custody Proceeding for Indian Child

JV-100, Juvenile Dependency Petition (Version One)

JV-281, Notice of Hearing – Non-minor

JV-282, Proof of Service – Non-minor

JV-280, Notice of Review Hearing, Juvenile

JV 290, Judicial Council Caregiver Information Form

JV-365, Termination of Juvenile Court Jurisdiction-Non-minor

JV 450, Order for Prisoner's Appearance at Hearing Affecting Prisoner's Parental Rights and Waiver of Appearance

JV-510, Proof of Service - Juvenile

JV-300, Notice Of Hearing On Selection Of A Permanent Plan - Juvenile

JV-310, Proof Of Service -- Juvenile Hearing Under Section 366.26 of the Welfare and Institutions Code Section

JV-505, Statement Regarding Paternity (Juvenile Dependency)

JV-550, Order for Prisoner's Appearance at Hearing Affecting Prisoner's Paternal Rights

LA Kids

 

DCFS 4216, Last Minute Information for the Court

DCFS 4217, Children's Social Worker Report and Order of the Court for Removal of Prisoner from County Jail

ICWA-010(A), Indian Child Inquiry Attachment

ICWA-020, Parental Notification of Indian Status

ICWA-030, Notice of Child Custody Proceeding for Indian Child

ICWA-030(A), Attachment to Notice of Child Custody Proceeding for Indian Child

JV-100, Juvenile Dependency Petition (Version One)

JV-140, Notification of Mailing Address

JV-290, Caregiver Information Form with Cover Letter

JV290-INFO, Instruction Sheet for Caregiver Information Form

Notice of Hearing on Petition w/ JV 510

Notification Letter-Detention Hearing Antelope Valley Court

Notification Letter-Detention Hearing Edmund Edelman Court

Hard Copy

JV-505, Statement Regarding Paternity (Juvenile Dependency)

Referenced Policy Guides

0050-503.85, Sensitive Referrals/Cases

0080-508.05, Fast Track to Permanency (FTP)

0300-306.27, Out of County Personal Service

0300-306.30, Notice of Publication for a WIC 366.26 Hearing

0300-306.45, Removal Orders

0300-306.75, Due Diligence

0300-306.80, Transportation Requests to Bring Children/Youth to Court

1200-500.05, Adopting and Serving Children Under the Indian Child Welfare Act (ICWA)

Statutes

California Rules of Court (CROC), Rule 5.708(c) - States that at least 10 calendar days before the hearing, the social worker must file the report and provide copies to the parent or legal guardian and his or her counsel, to counsel for the child, to any CASA volunteer, and , in the case of an Indian child, to the child's identified Indian tribe.

 

CROC, Rule 5.534(m) – States the requirements for caregiver notices and their right to be heard (WIC Sections 290.1–297, 366.21) for cases filed under section 300 et seq.

 

CROC, Rule 5.903(c) – States the requirements for notices for nonminor dependent status review hearings (224.1(b), 295, 366(f), 366.1, 366.3).

 

Welfare and Institutions Code Section (WIC) 224.2 – Explains the notice requirement for Indian child custody proceedings.

 

WIC Section 290.1 – Explains the notice requirements when detaining a child.

 

WIC Section 290.2 – Explains the notice requirement when an initial petition has been filed.

 

WIC Section 291 – Explains the notice requirement for the Jurisdictional/Dispositional Hearing.

 

WIC Section 292 – Explains the notice requirements for the WIC 364 Status Review Hearing.

 

WIC Section 293 – Explains the notice requirements for the WIC 366.21, WIC 366.22, and WIC 366.25 Status Review Hearings.

 

WIC Section 294 – Explains the notice requirements for the selection and implementation hearing held pursuant to Section 366.26.

 

WIC Section 295 – Explains the notice requirements for the review hearings held pursuant to Sections 366.3 and 366.31, and for termination of jurisdiction hearings held pursuant to Section 391.

 

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 316.1 - States the requirement that the parent(s)/guardian(s) provide a permanent mailing address to the court and; be advised that the address will be used by the court and DCFS and remain unchanged until the parent/guardian provides written notification to DCFS or the court of a new mailing address. The JV-140 form must be used for this purpose.

 

WIC Section 361.5(e)(2) – States that DCFS will use the prisoner locator system developed by the Department of Corrections and Rehabilitation to facilitate timely and effective notice of hearings for incarcerated parents.

 

WIC Section 366.05 - Sets forth requirements and time frames for provision of Status Review Supplemental Reports to pertinent parties.

 

WIC Section 366.21 (c) – States that the JV 290, Judicial Council Caregiver Information Form must be sent to the child's foster parent, relative caregivers, or foster parents approved for adoption, in the caregiver's primary language when available, along with information on how to file the form with the court. This section requires a copy of the court report also be sent.

 

WIC Section 366.21 (d) – States, in part, that prior to any hearing involving a child in the physical custody of a community care facility or foster family agency that may result in the return of the child to the physical custody of his or her parent/legal guardian, or 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 388(e)(3) – States that the court will allow for telephonic appearances by a nonminor former dependent or delinquent for court hearings where he/she declines, elects, or is unable to attend.

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