Legal Procedures 1. Introduction - Amazon Web … by Articulate® Storyline Animation for NMDs...

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Published by Articulate® Storyline www.articulate.com Legal Procedures 1. Introduction 1.1 California Common Core 3.0 Notes:

Transcript of Legal Procedures 1. Introduction - Amazon Web … by Articulate® Storyline Animation for NMDs...

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Legal Procedures

1. Introduction

1.1 California Common Core 3.0

Notes:

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1.2 Welcome

Notes:

Audio Narration:

Welcome to the eLearning course, Legal Procedures. This course is part of the Common Core 3.0 Foundation Block.

1.3 Navigation

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Notes:

Audio Narration:

Use the PREVIOUS and NEXT buttons to move through the course. You can also skip to individual screens by clicking the screen title in the Menu. You can read the audio transcript for each screen by clicking Transcript. You will find several useful handouts, including an audio transcript for this course that you can download, by clicking Resources. You can look up terms and definitions by clicking Glossary. This course should take about 90 minutes to complete.

1.4 Pretest

Notes:

Audio Narration:

Before we begin, please complete the pretest. Click the link on the screen and follow the directions to complete the pretest. When you are finished, close that browser window and click NEXT to continue.

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1.5 Introduction

Notes:

Audio Narration:

In California, the Juvenile Court is a special division of the Superior Court with the limited responsibility of applying the Juvenile Court Law found in the Welfare and Institutions Code, or WIC. The Juvenile Court handles Dependency proceedings, known as WIC 300 Court. This court specifically hears proceedings in which allegations of abuse, neglect and/or exploitation have been made against a parent or legal guardian.

The Juvenile Courts can have a significant impact on the lives and futures of children and families. The role of a social worker in the juvenile dependency process is extremely important, and understanding this process is a fundamental part of your job.

Social workers are responsible for gathering and providing factual, non-biased information to help inform decisions made by the Juvenile Court. They are also responsible for investigations, safety/risk assessments, case planning, providing reunification services, visitation, and more, to the children, families, and young adults involved with the child welfare agency.

Social workers are responsible for synthesizing the vital information in a court report, and providing that court report to the court and all parties. The burden of proof rests with the child welfare agency and its agent, including you, as the social worker assigned to the referral and/or case. It’s important that you consult with your supervisor and/or county counsel throughout the life of a case.

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1.6 What’s in it for Me?

Notes:

Audio Narration:

As a new social worker, it’s important that you know the laws that govern juvenile dependency proceedings, the level of evidence required at each hearing, and the time frames for the hearings. By gaining knowledge of the legal process and working in partnership with the Juvenile Court, you and other professionals will be more effective in contributing to the safety, permanency, and well-being of children.

You will be introduced to the legal term non-minor dependents, or NMD; however, in this eLearning course we’ll use “young adult” when referring to non-minor dependents or NMDs. By using “young adult” we are using a people first language, which aims to avoid perceived and subconscious dehumanization when discussing people. You will hear the legal term “non-minor dependent or NMD” during court proceedings and in your practice, however, you should strive to use a people first language whenever possible.

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Animation for NMDs (Slide Layer)

1.7 About This Course

Notes:

Audio Narration:

In this course, you’ll learn about legal resources, acronyms and terminology which help us focus on the mission of child welfare: providing and ensuring the safety, permanency, and well-being of children who are abused and/or neglected. You’ll also learn about the juvenile dependency

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process and court procedures as well as your responsibilities as a social worker in Juvenile Court hearings. In addition, you’ll learn about Juvenile Court minute orders and the California Core Practice Model Practice Behaviors that are helpful when working with the family and the court. Finally, you’ll gain an understanding of your role as a social worker throughout the life of a case as it pertains to the Juvenile Court process and hearings.

Click Resources to download the handout, Legal Procedures eLearning Guide. You can use this handout to take notes throughout this course, and to help you keep track of the important legal facts you will learn about in this course. You should bring this handout to the Legal Procedures and Responsibilities classroom training day to reference in the training.

1.8 Learning Objectives

Notes:

Audio Narration:

After completing this eLearning course, you will be able to:

Identify state laws that govern child welfare proceedings, and understand how to access the codes;

Identify four standards of evidence;

Understand why dependency petitions are filed with the court, and the purpose of those documents;

Identify the purpose and time frames that pertain to the following court hearings:

Initial Petition Hearing, also known as the Detention Hearing;

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Jurisdiction Hearing;

Disposition Hearing;

Status Review Hearings including Family Maintenance and Family Reunification; 361, 362, 366, 16002, 16003 and 16501;

366.26 Permanency/Selection and Implementation Hearing, commonly referred to as the .26 hearing;

Post Permanency Hearing 366.3 and 366.31; and

Termination of Jurisdiction Hearing 391

Describe the social worker’s role in providing information to families about legal proceedings;

Describe the relevant permanency options for dependent children, youth and young adults including:

Reunification;

Adoption;

Voluntary Relinquishment;

Legal Guardianship;

Permanent plan of placement with a fit and willing relative or another planned permanent living arrangement (APPLA) which can no longer be used for children under 16; and

Identified placement with a specific goal (APPLA and Young Adults); and finally,

Identify the following information from a minute order:

Next court hearing; and

Decisions to address at the next court hearing and the social worker’s related responsibilities.

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1.9 Values

Notes:

Audio Narration:

The laws that govern juvenile dependency proceedings ensure that legal proceedings are fair and provide families with due process of the law. In this course, you’ll learn your responsibility to act within the legal concepts of due process, and your role as a social worker to provide information to families about the legal process.

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2. State Laws That Govern Child Welfare Proceedings

2.1 State Laws Governing Child Welfare Proceedings

Notes:

Audio Narration:

In this topic, you’ll learn about state laws that govern juvenile dependency proceedings, and resources you can use in your practice to ensure you have the most current information on child welfare state laws, bills, and legal terms and procedures.

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2.2 State Laws That Govern Child Welfare Procedures

Notes:

Audio Narration:

Throughout Common Core 3.0, you’ll receive many handouts. Each handout serves a purpose and is a valuable resource. With state laws that govern child welfare proceedings, it’s imperative that you have the most recent and relevant information. Legislation changes on a regular basis, requiring that a legal code, such as the California Welfare and Institutions Code, or WIC, used in child welfare proceedings, be continually updated. It’s also critical that you consult official websites to ensure you are using the most recent and updated codes.

Two valuable websites you’ll want to bookmark are the California Legislative Information website and the California Courts: The Judicial Branch of California website.

The California Legislative Information website has information on all California laws and bills.

The California Courts: The Judicial Branch of California website has information on court proceedings, juvenile (JV) forms and rules of the court. You can use the JV forms as checklists when you are writing your court report to ensure you include all the required information, so that all of the appropriate orders and findings can be made. Always ensure you have the most recent version of each JV form that you are using and submitting to the court. The rules of court are what the judge uses to guide each hearing and are the expectations of the court.

Click the links on the screen if you want to view either of these websites now.

Click Resources to download the handouts, Legal Procedures Resources which includes the links on the screen, and JV Forms and Orders to use in your practice. Remember to consult with your supervisor and county counsel when making recommendations in child welfare.

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2.3 Common Acronyms and Terminology

Notes:

Audio Narration:

You’ll soon learn that the child welfare legal system has its own terminology and uses acronyms specific to child welfare.

Click Resources to download the handout, Legal Procedures Terminology to use throughout this course and when you are working in your office or in the field. You can also click Glossary to look up terms and definitions while you are taking this eLearning course.

Click each legal procedures term to learn more.

California Welfare and Institutions Code (WIC): The WIC addresses a range of legal issues including dependent children, non-minor dependents/extended foster care, confidentiality, delinquency, mental health, and disability.

Juvenile Court: In most cases, a family comes before the Juvenile Court shortly after a child has been removed from their home by police or a social worker. A child is removed when police or social workers have reason to believe a child is not safe, or there is a credible threat against the safety and well-being of a child. It should be noted that there are also certain circumstances in which the children remain in the care of their parents, or guardians and Juvenile Court intervention is requested as well. The Juvenile Court’s authority for dependency cases is found within the WIC.

Notice: Notice is an essential element of due process, and refers to the requirement that a party be informed of legal proceedings that may affect their legal rights. In dependency proceedings,

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notice requires that parents be informed of allegations made, and the time, date, and location of the hearing, among other things.

Reasonable Efforts: The Adoption Assistance and Child Welfare Act of 1980, requires that child welfare agencies make reasonable efforts to provide services that will help families remedy the conditions that brought the child and family into the child welfare agency. Generally, these efforts consist of accessible, available, and culturally-appropriate services that are designed to improve the capacity of families to provide safe and stable homes for their children. This legislation also requires state agencies to demonstrate that reasonable efforts have been made to provide assistance and services to prevent the removal of a child from their home, and to make it possible for a child who has been placed in out-of-home care to be reunited with their family.

Active Efforts: Active efforts are required by the Indian Child Welfare Act (ICWA) and require more than reasonable efforts. Active efforts are affirmative, thorough and timely efforts intended to maintain or reunite an Indian child with his or her family. They are more than reasonable efforts and are determined by the circumstances of each case. They are intended to remedy the basis for the child dependency proceedings.

Any party seeking to place an Indian child in foster care or to terminate parental rights must satisfy the Juvenile Court that active efforts have been made to provide services designed to prevent the break-up of the Indian family, and that those efforts were unsuccessful. An example of active efforts is providing culturally-appropriate services; another example is checking in with parents on a weekly basis rather than a monthly basis.

Family Maintenance (FM): Family maintenance provides Juvenile Court ordered services to families in crisis to prevent or remedy abuse and/or neglect, allowing the social worker to work with the family while keeping children in their home. FM services may be provided to families through Juvenile Court or through a voluntary service plan.

Family Reunification (FR): Family reunification provides Juvenile Court ordered and time-limited intervention and support services to parents or guardians and children who have been removed from the home to make the family environment safe for the children to return home through court ordered services to prevent or remedy abuse and/or neglect.

Permanent Placement (PP): Permanent placement provides services that are meant to ensure that children from families where there has been neglect or abuse can grow up in an alternate, permanent, safe, and secure living arrangement.

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Welfare and Institutions Code (WIC) (Slide Layer)

Juvenile Court (Slide Layer)

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Notice (Slide Layer)

Reasonable Efforts (Slide Layer)

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Active Efforts (Slide Layer)

Family Maintenance (FM) (Slide Layer)

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Family Reunification (FR) (Slide Layer)

Permanent Placement (PP) (Slide Layer)

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2.4 Permanent Placement/Permanency Options

Notes:

Audio Narration:

The 1997 Adoption and Safe Families Act, or ASFA, defined permanency as “Children have permanency and stability in their living situations. The continuity of family relationships and connections are preserved for children.” Safe family reunification is the first choice for permanence. However, if this is not possible then adoption or legal guardianship are the preferred placements. Other placement options are available, but are less preferable because they do not provide legal permanency for the child. These options include placement with a fit and willing relative and another planned permanent living arrangement (APPLA).

Click each permanency option to learn more.

Family Reunification: The first preference for legal permanency is family reunification.

Adoption: Adoption is the second choice for legal permanency. Adoption is a process which creates a new parent-child relationship by legally terminating the birth parents’ rights and transferring those rights and responsibilities to adoptive parents. In the context of adoption law voluntary relinquishment refers to a birth parent voluntarily giving up their rights to a child, so that the child may be adopted.

Tribal customary adoption (TCA) is an adoption that takes place under the laws, customs or traditions of the child’s tribe. Unlike conventional adoption, there is no requirement for parental rights to be terminated in a TCA, which is often in conflict with tribal beliefs and values. TCA becomes a permanency option for every Indian child as soon as the tribe identifies the child as an Indian child. As soon as concurrent planning begins, social workers must consult with the tribe to inform them that TCA is a permanency plan and to determine whether TCA is an appropriate permanent plan. Only the tribe can choose TCA as the permanent plan and it can do

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so at any time after disposition.

Legal Guardianship: The third preference for legal permanency is legal guardianship. This is an arrangement in which an adult has court ordered authority and responsibility to care for a minor child. Generally, legal guardianships are ordered when adoption is not a viable option.

Placement with a Fit and Willing Relative: This is the fourth option for permanency. This is a placement option for all youth, but does not have the same legal permanency as returning a child home, adoption or legal guardianship. This is an approved placement with a relative who is willing and capable of providing a stable and permanent home environment for the child, but is unable or unwilling to commit to legal permanence through adoption or legal guardianship.

Another Planned Permanent Living Arrangement (APPLA): This is the fifth option for permanency and is only ordered for children 16 years or older and young adults opting to stay in foster care. APPLA is a long-term, out-of-home foster care placement where a youth remains until adulthood when other options such as returning home, relative placement, adoption or legal guardianship are not available or in the best interest of the youth.

ICWA Placement and Permanency: As set forth in ICWA, the child must be placed in the least restrictive setting that most approximates a family, taking into consideration sibling attachment; allows the child’s special needs to be met (if any); and is in reasonable proximity to the Indian child’s home, extended family or siblings.

The preferred foster and pre-adoptive placement options for Indian children are:

Extended family;

Other members of the child’s tribe or other Indian family:

Foster home licensed by the child’s tribe; and

Foster home licensed by an authorized non-Indian licensing authority or an institution for children approved by the Indian tribe or operated by an Indian organization that has programs suitable to meet the child’s needs.

The child’s tribe may establish a different order of preference provided the placement is the least-restrictive setting appropriate to the specific needs of the child. For adoptive placements, ICWA’s placement preferences include extended family, other members of the child’s tribe or other Indian families, unless the child’s tribe has established a different order of preference.

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Family Reunification (Slide Layer)

Adoption (Slide Layer)

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Legal Guardianship (Slide Layer)

Placement with Fit and Willing Relative (Slide Layer)

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APPLA (Slide Layer)

ICWA Placement and Permanency (Slide Layer)

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2.5 California Laws

Notes:

Audio Narration:

Regarding placement and permanency, there are two additional factors we must always take into consideration, and the court must address during legal proceedings. These factors are sibling and relative placement.

The first is maintaining the continuity of the family unit, and ensuring the preservation and strengthening of the child’s family ties. WIC Section 16002 (a) (1) states that when siblings have been removed from their home, either as a group on one occurrence or individually on separate occurrences, the child welfare agency shall make diligent effort to have siblings placed in foster care together, unless it has been determined that placement together is contrary to the safety or well-being of any sibling. The court also has the authority to develop a visitation plan for siblings, unless it has been determined that visitation is contrary to the safety or well-being of any sibling group.

Second, Section 7950 of the California Family Code, gives statutory preference for foster care placement with a relative or non-related extended family member caregiver. WIC Section 16003 requires that community colleges and foster care education programs shall make available orientation and training to the relative or extended family member into whose care the county has placed a foster child. The training includes, but is not limited to the role, rights, and responsibilities of the relative or extended family member who is caring for a child in foster care including the rights of a foster child to have fair and equal access to all available services, placement, care, treatment, and benefits, and not to be subjected to discrimination or harassment.

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2.6 Knowledge Check

(Sequence Drag-and-Drop, 10 points, 1 attempt permitted)

Correct Order

Family Reunification

Adoption

Legal Guardianship

Placement with a Fit and Willing Relative

Another Planned Permanent Living Arrangement

Feedback when correct:

Nice work. According to ASFA, the order of preference for permanency is: (1) Family

Reunification; (2) Adoption; (3) Legal Guardianship (4) Placement with a Fit and Willing Relative;

(5) Another Planned Permanent Living Arrangement.

Feedback when incorrect:

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Almost. According to ASFA, the order of preference for permanency is: (1) Family Reunification;

(2) Adoption; (3) Legal Guardianship (4) Placement with a Fit and Willing Relative; (5) Another

Planned Permanent Living Arrangement.

Correct (Slide Layer)

Incorrect (Slide Layer)

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3. Social Worker Responsibilities

3.1 Social Worker Responsibilities in Dependency Hearings

Notes:

Audio Narration:

The social worker’s responsibilities in a dependency case are immense and varied. The burden to prove the fact of an allegation of abuse, neglect or exploitation rests with the child welfare agency. In this topic, you’ll learn about your responsibilities to provide accurate and objective information as well as the appropriate level of evidence based on the burden of proof required for juvenile dependency hearings.

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3.2 Video: Social Worker's Role in Providing Information to the Court

Notes:

Audio Narration:

Let’s begin by watching a short video about the Juvenile Court process and your role as a social worker to provide information to the court.

Click the Play button to view the video.

[music with title sequence]

Hi there. I’m Tammy Pruitt, Senior Deputy County Counsel at the Office of County Counsel in Los Angeles County. I want to talk to you today about the balance between the constitutional protection of rights of families and children and your role in child protection.

The balance between the constitutional rights of families to live together without governmental interference and the importance of child protection is imperative in child welfare. Despite the level of authority afforded to you under the law and as a social worker who is an employee of the government, you have the responsibility to always balance that authority with the skillful use of respect and professionalism. It is important to always remember that we all have a right to live in our homes, and safely parent our children without government interference. These rights are not to be disturbed without first ensuring that due process of law is afforded to the family. The constitutional rights should be balanced at all times with your statutory duty to protect children.

When government intervention is needed it should be to safely protect children, provide reunification to the parents or guardians (if remaining in the home is not possible to do so safely) or provide permanency as quickly as possible. Also, while a child is placed in foster care, such government intervention includes ensuring that the child or youth’s well-being and needs are being met.

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It is with this lens that the social worker should engage the court, and all parties in the court room. This begins with providing timely, objective, and accurate reports to the court. It is the burden of the agency or the department to prove the allegations made when a petition has been filed naming the parent or the guardian.

It is also the burden of the agency to present reports that provide that evidence to the court for every recommendation made throughout the life of the case. It is by providing objective and accurate information that the court can make legally sound decisions regarding what is in the best interest of the family. What is contained within the body of your report should be the accumulation and the assessment of your work with the family. That information contained within your report should be reported accurately as it is considered to be evidence by the courts.

The courts rely upon these reports to provide them with accurate and complete information regarding the status of the family and the children. The courts cannot go into the families homes to see for themselves how things are going. That is where your report, your unbiased assessment and your recommendation come into play. The courts cannot make decisions without that report from you. The report you submit to court is also a direct reflection of the work you do with families, and also your professionalism.

It is also important to include information that is credible, and non-biased. This means all of the information about the family. A social worker cannot leave out information because it simply does not support your recommendation to the court. You are the story teller of the family’s story, that story ebbs and flows throughout the life of the case with highs and lows, your job is to report all of it, the good and the not so good. For example: You have submitted your report that recommends to terminate the reunification services for a parent because they simply have not attended any of their case plan services. However, that same parent has attended every visit and the visits are positive and appropriate with their children.

Although the positive visits may not strengthen your recommendation to terminate a parent's reunification services you must always include that information in your court report as well. Even if it does not support your recommendation.

As a new worker you may want to know where to start. My first recommendation as county counsel is that you should always know where the case is currently, in other words, what is the status of the case:

What type of hearing is coming up?

What is the purpose of that hearing?

What is the burden of proof that you as the agency need to present to the court?

What are the recommendations that you as the agency need to make to the court?

And lastly, when is the next hearing?

It is important to remember a few things from the start. Families have a right to know that their children are safely placed once they are taken from their custody. Children over the age of 10 years of age have a right to make a phone call to their parent, guardian, or responsible adult, and you should make an effort to ensure at least regular phone contact prior to the Detention Hearing unless it is detrimental to the child. If you say it is detrimental to the child, you should be able to explain that detriment to the court. Phone calls can be monitored.

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Parents have a right to due process, which is the right to be noticed of the time and the location of the court hearing. They will also receive a copy of the petition when they get to court, and therefore will be informed of reasons that their child was placed in protective custody.

You are part of a bigger team! Your supervisor and county counsel are important people and they are here to help support you and navigate you throughout the system.

Full screen video plays here (Slide Layer)

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3.3 Burden of Proof

Notes:

Audio Narration:

The burden of proof is the duty of one party to prove or disprove allegations, and generally rests on the party filing the petition or complaint. In this course, the party filing the petition is the child welfare agency. In a dependency hearing in the Juvenile Court, the proceedings are civil and not criminal so the burdens of proof are those required of civil actions; prima facie, preponderance, and clear and convincing. There is one exception where criminal burden applies, and that is when parental rights of a Native American child are being terminated. In this instance beyond a reasonable doubt is needed.

The burden to prove the fact of the allegation is on the child welfare agency. The child welfare agency must provide evidence to the Juvenile Court at each hearing based on the burden of proof and standard of evidence required for that particular hearing type.

The standard of proof, also known as the standard of evidence, for the particular stage of a Juvenile Court proceeding or type of case determines how much evidence is enough. Always work with your county counsel if there is a question as to the level of evidence needed.

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3.4 Standard of Evidence/Standard of Proof

Notes:

Audio Narration:

Using the analogy of climbing a mountain, at the base of the mountain the elevation is low, and the trail is flat making the climb easy. As you start to climb the mountain, the elevation increases, and the trail becomes difficult making the climb increasingly more difficult if you are not properly prepared. Standards of evidence are similar to climbing a mountain. At the beginning of a case, the standard of evidence is relatively low, and the evidence required is low. As the family’s case progresses through the legal system, and the parent’s or guardian’s right to custody continues to be questioned, the standard of evidence becomes much more stringent and the evidence required from the child welfare agency increases.

Click each standard to learn its definition.

Prima Facie: Prima facie is a Latin expression meaning “on its first encounter” or “at first sight.” In modern legal English, it means that upon initial examination of the report and the information contained in the report, it appears that sufficient corroborating evidence exists to support a case.

Preponderance: The preponderance of evidence standard is met if the proposition is more likely true than not true; and if there is a greater than fifty percent chance that the proposition is true. The amount of evidence is not important. For example, evidence may be more credible from one knowledgeable witness’s testimony, than from 10 witnesses who know very little about the matter.

Clear and Convincing: Clear and convincing evidence is a higher level of proof than preponderance of the evidence. It means that the evidence presented by a party during the trial must be highly and substantially more probably true than not. For this level of evidence the

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court must have a firm belief or conviction that the facts are true.

When ICWA applies, a court must not order foster care placement of an Indian child unless clear and convincing evidence is presented, including the testimony of at least one expert witness, that demonstrates the child’s continued custody by the child’s parent or Indian custodian is likely to result in serious emotional or physical damage to the child.

Beyond a Reasonable Doubt: Beyond a reasonable doubt is the highest standard and generally applies only to criminal court, with one exception. In Juvenile Court when terminating the parental rights of a Native American parent, proof must rise to this level. If there is real doubt based upon reason and common sense after careful consideration of the evidence, then the burden has not been proven. Proof beyond a reasonable doubt is so convincing that one would be willing to rely and act upon it. However, it does not mean an absolute certainty, but it is “beyond reasonable doubt.”

Prima Facie (Slide Layer)

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Preponderance (Slide Layer)

Clear and Convincing (Slide Layer)

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Beyond a Reasonable Doubt (Slide Layer)

3.5 Respecting Civil Rights

Notes:

Audio Narration:

Each time we engage a family, we should engage them knowing and respecting their rights. This includes our responsibility to immediately inform and notify relevant parties when a child has been taken into custody.

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According to WIC Section 307.4, any peace officer, probation officer, or social worker who takes a child into temporary custody pursuant to WIC Sections 305 - 307 shall immediately inform, through the most efficient means available, the parent, guardian, or responsible relative, that the child has been taken into protective custody and that a written statement is available which explains the parents’ or guardian’s procedural rights, and the preliminary stages of the dependency investigation.

When a peace officer or social worker takes a minor into custody pursuant to WIC Section 308 (a), they shall take immediate steps to notify the youth's parent, guardian, or a responsible relative that the child, or youth is in custody and that the child has been placed in a facility authorized by law to care for the child, and shall provide a telephone number at which the child, or youth may be contacted. The confidentiality of the address of any licensed foster family home in which the child has been placed shall be maintained until the Disposition Hearing, at which time the judge may authorize, upon a finding of good cause, the disclosure of the address.

The child welfare agency should make diligent and reasonable efforts to ensure regular telephone contact between the parent and child of any age, prior to the Detention Hearing, unless that contact would be detrimental to the child. The initial contact shall be as soon as possible, but no later than one hour after being taken into custody. If a child is 10 years of age or older, they must be advised of their right to make two phone calls, one to a parent, guardian or responsible relative and another call to an attorney.

Click Resources and download the handout, Your Rights Under California Welfare Programs, Pub. 13 which has been designed for social workers to provide to parents and guardians, and explains the parents’ procedural rights and the preliminary stages of investigations. PUB 13 is available on the California Department of Social Services website in 18 languages, braille, and audio CD. To request a copy of PUB 13 in large print, braille, or audio CD email CDSS at [email protected]

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Silo 2 (Slide Layer)

Silo 3 (Slide Layer)

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PUB 13 (Slide Layer)

3.6 Social Worker Responsibilities

Notes:

Audio Narration:

San Diego Deputy County Counsel Gary Seiser calls the social worker “the single biggest player in the dependency system.” At a minimum, social workers are responsible for:

Initial investigation;

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Safety/Risk assessments;

Petition filing, report writing, and testifying;

Case planning, including concurrent planning;

Provision of reunification services;

Sibling contact;

Visitation;

Ongoing investigation and case supervision;

Ongoing risk assessment;

Ongoing involvement in the court process;

Reunification prognosis assessment; and

Continual assessments.

Not only are social workers in dependency cases expected to fulfill all of these responsibilities, they are expected to do so in an ethical manner. Ethical social work involves complying with all applicable laws, regulations policies, and sound social work practices. It’s important that you keep these responsibilities in mind as we review what is required at each court hearing. Your work with the children, families, and young adults over a period of time will be reported in the petition and subsequent court reports. Your work is the foundation and basis for which the court makes its decisions.

Ethical Social Work (Slide Layer)

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3.7 Knowledge Check

(Drag and Drop, 10 points, 1 attempt permitted)

Drag Item Drop Target

Prima Facie Upon initial examination of the report and the

information contained in the report, it appears

that sufficient corroborating evidence exists to

support a case.

Preponderance The proposition is more likely true than not

true; and there is a greater than 50% chance

that the proposition is true.

Clear and Convincing The evidence presented by a party during the

trial must be highly and substantially more

probably true than not true.

Beyond a Reasonable Doubt The highest standard of evidence and

generally applies only to criminal court except

in Juvenile Court when terminating parental

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rights of a Native American parent.

Drag and drop properties

Return item to start point if dropped outside the correct drop target

Snap dropped items to drop target (Stack random)

Allow only one item in each drop target

Delay item drop states until interaction is submitted

Feedback when correct:

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4. Juvenile Dependency Proceedings

4.1 Juvenile Dependency Proceedings

Notes:

Audio Narration:

In this topic, you’ll learn about juvenile dependency proceedings and the various court hearings you may be participating in as a child welfare social worker.

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4.2 Juvenile Court

Notes:

Audio Narration:

There are two courts in which a child welfare worker may appear. The first is the Juvenile Court which handles Dependency proceedings, known as WIC 300 Court. This court specifically hears proceedings in which allegations of abuse, neglect and/or exploitation have been made against the parent or legal guardian.

The Juvenile Court also hears delinquency proceedings involving criminal matters where juveniles have committed the offense, known as WIC 600 Court. Sometimes youth have hearings in both court rooms. These are referred to as dual status cases. In dual status cases, the courts work together to determine who has primary jurisdiction over the youth.

The primary focus of this eLearning course is the Dependency proceedings.

Let’s explore how a family’s journey starts in the Juvenile Court, the hearings, and how a family exits the jurisdiction of the court.

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4.3 Juvenile Dependency Process Flowchart

Notes:

Audio Narration:

This is the Juvenile Dependency process flowchart. It illustrates the types and time frames for Juvenile Court dependency hearings. You’ll notice as you scroll through the flowchart that there are three main “sections” that are associated to specific time frames. These “sections” include:

Petition and Initial/Detention Hearing. The key time frames to remember are:

Petition must be filed with the Juvenile Court within 48 hours of removal.

Matter must be heard within 72 hours of removal (the next court day after the petition is filed).

Jurisdiction and Disposition Hearings. The key time frames to remember are:

The Jurisdiction Hearing is held 15 court days after the Detention Hearing if the child is out of home, 30 calendar days if the child remains home.

The Disposition Hearing is held 10 court days after the Jurisdiction Hearing if the child is out of home, 30 calendar days if the child remains home or if the government seeks to deny reunification services.

WIC Hearings. The key time frames to remember are:

6-Month Review Hearings are held for family maintenance and family reunification six months from the Disposition Hearing until the case is closed.

12-Month Permanency Hearings are held from the time a child enters foster care until the case is closed.

18-Month Permanency Review Hearings are held no later than 18 months after initial removal

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unless special considerations are met.

24-Month Subsequent Permanency Review Hearings are held no later than 24 months after the child’s initial removal.

Selection and Implementation Hearings are held within 120 days from order terminating or denying reunification services.

Post-Permanent Plan Review Hearings are held every six months to monitor progress toward the permanent plan.

Click Resources to download the handout, Juvenile Dependency Process Flowchart. You can refer to it throughout this eLearning course and use it as a reference tool in your practice. You can also refer back to this scrollable flowchart for reference as you learn about each type of Juvenile Court hearing in this topic.

4.4 Juvenile Court Dependency Hearings

Notes:

Audio Narration:

Let’s look at the various Juvenile Court dependency hearings you may be participating in.

Click each category for a high level overview.

Initial/Detention Hearing: The Initial Hearing, also known as the Detention Hearing, takes place after the child welfare agency files the petition with the court.

Jurisdiction and Disposition Hearings: These hearings are held after the Detention Hearing. In some counties, the Jurisdiction Hearing and the Disposition Hearing are calendared and heard at

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the same time. This hearing is commonly referred to as the Juris/Dispo Hearing.

WIC Hearings: The WIC hearings are held after the Jurisdiction Hearing and the Disposition Hearing. They include the:

WIC 364 Family Maintenance Review Hearing

WIC 366.21 (e) Family Reunification Review Hearing

WIC 366.21 (f) Permanency Hearing

WIC 366.22 Permanency Review Hearing

WIC 366.25 Subsequent Permanency Review Hearing

WIC 366.26 Permanency/Selection and Implementation Hearing

WIC 366.3 Post Permanency Hearing

WIC 366.31 Post Permanency Hearing

WIC 391 Termination of Jurisdiction Hearing

Initial/Detention Hearings (Slide Layer)

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Juris/Dispo Hearings (Slide Layer)

WIC Hearings (Slide Layer)

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4.5 The Petition

Notes:

Audio Narration:

The Juvenile Court gets involved in the lives of children when a petition is filed alleging that the parent(s) or guardian(s) have abused a child, or are unable or unwilling to keep their child safe from abuse or neglect.

Click each item to learn more.

Purpose: A petition is a request to start proceedings, which starts the “clock” in the Juvenile Court to declare a child a ward or dependent. The petition is a legal document, with specific requirements, and must be signed under penalty of perjury. Therefore, petitions should be filed based on the facts of the case, and free of any biases.

Time Frame: In most cases when a petition is filed, a child has been removed temporarily from the parent or caregiver’s custody. The petition must be filed with the Juvenile Court within 48 hours of being removed from their parent or guardian. The matter must be heard in the Juvenile Court within 72 hours of the child being removed. The 72 hours does not include holidays or weekends. In some cases, a petition is filed to begin the Juvenile Court process when the child has not been removed from their home or living situation. There is no “clock” but the child welfare agency files a petition alleging that the child needs the protection of the court.

Burden of Proof: The burden of proof for filing the petition is prima facie and is the responsibility of the child welfare agency and social worker.

Notice: Notice on the petition must contain a number of specific things.

Click the arrow to learn more.

The name of the court to which it is addressed;

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The title of the proceeding;

The WIC Section 300 (a)-(j), specifically alleging the maltreatment, or risk of maltreatment;

The name, age, and addresses of all children upon whose behalf the petition was filed;

The name and address of both parents and any guardian of the children. If one of the parents is a victim of domestic violence and the parent is currently living separately from the batterer-parent, the address of the victim-parent shall remain confidential;

A concise statement of facts, separately stated, to support the conclusion that the child upon whose behalf the petition is being brought is a person within the definition of each WIC Section 300 (a)-(j);

Click the button to see an example of a concise statement.

If the children in the petition are detained in custody the precise date and time they were taken into custody, or if they were not detained.

A notice to the father, mother, spouse, or other person liable for support of the child.

If through the investigation process, the petitioner (child welfare agency) alleges a new fact or circumstance, other than the original petition, a subsequent petition shall be filed by the child welfare agency in the form of a WIC 342 for new allegations or circumstances, and WIC 387 to change or modify a previous order by removing a child from the physical custody of a parent or guardian. In other words, if a child is in the care of the parent under court supervision, and new information or a change of circumstance requires that a child be removed from the physical care of the parent or guardian, a new petition with the new or change of circumstance information shall be filed.

Purpose (Slide Layer)

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Time Frame (Slide Layer)

Burden of Proof (Slide Layer)

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Notice (Slide Layer)

Name of Court (Slide Layer)

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Title of Proceeding (Slide Layer)

WIC Section 300 Allegations (Slide Layer)

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Name, Age, and Address of Children (Slide Layer)

Name, and Address of Parents (Slide Layer)

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Concise Statement (Slide Layer)

If Children are Detained (Slide Layer)

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Notice to All Parties (Slide Layer)

Subsequent Petition (Slide Layer)

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4.6 A Special Note

Notes:

Audio Narration:

As we continue to talk about the various hearings, it’s important to first talk about the youth’s role at these hearings, and special legislation that was passed to protect a child’s educational rights if out-of-home placement is needed.

Children should be encouraged to attend the hearings. It’s their time to speak to their attorney, and have their voice heard. Many children do not like to miss school, and that is commendable, but unless there is a special event at school, they should be encouraged to attend court. If they choose not to attend court, you should document in the court report why the child will not be in attendance.

Once children turn 10, they’re entitled to a copy of their court report. Be sure to speak with the youth about the content of the court report and the recommendations being made. Let the youth know that they should read the entire court report.

AB 490 passed in 2003 created new rights and duties related to the education of dependents in foster care. The guiding principles call for educators, social workers, advocates, and juvenile courts to work together to serve the educational needs of students in foster care. All educational and school placement decisions must be made based on the child’s best interest, and consider among other factors, educational settings necessary to achieve academic progress.

The efforts made to provide educational stability must be reported to the court. The legislation is comprehensive, and each county has established a working relationship with the school district or districts within their jurisdiction. Consult with your supervisor and your county policies and procedures for specific protocol on social worker responsibilities.

Click Resources to download the handout, Legal Procedures Resources. You’ll find links to the

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California Foster Youth Education Task Force website where you can download the California Foster Care Educational Law Fact Sheet.

4.7 Noticing

Notes:

Audio Narration:

Noticing for hearings is an important part of due process, and what the agency is responsible for. Knowing who to notice, and when to notice is dependent on the type of hearing and the purpose of the hearing. Noticing guidelines can be found in the Welfare and Institutions Code sections 290-297. Each county differs on how they affect noticing, so please see your supervisor, county counsel, and/or your county policy for additional information on who to notice, and when to notice.

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4.8 The Initial/Detention Hearing

Notes:

Audio Narration:

The Initial Hearing, also known as the Detention Hearing, takes place after the petition has been filed with the court by the child welfare agency. The child may be in the home of one or both parents, or a legal guardian or may be removed from the home.

Click each item to learn more.

Purpose: The purpose of the Initial Hearing is for the social worker to report to the Juvenile Court the following:

The reasons why they are asking for the Juvenile Court to take jurisdiction over the family;

If the child was removed from the parent’s physical custody the reason why, and the need if any, for continued detention;

Reasonable efforts to prevent or eliminate the need for detention;

The available services;

The referral methods to those services that could facilitate the return of the child to the custody of the child’s parents or guardians; and

Whether there are any relatives who are able and willing to take temporary custody of the child.

Click the arrow to learn more.

Juvenile Court Actions: The following actions occur at the Initial/Detention Hearing:

The Juvenile Court gives the parents notice about the allegations against them;

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The parents get a copy of the petition and any other documents, such as the Detention Report, and supporting documentation for the family’s case;

The Juvenile Court tells the parents what can happen in a dependency case;

All parties are appointed attorneys to represent them in Juvenile Court and state their representation on the record;

The Juvenile Court gathers any available information from the parents regarding the children’s relatives;

If possible, the Juvenile Court confirms who the legal parents of the children are, also called “parentage,” which is a legal finding.

Click the arrow to learn more.

Parents are asked to complete an ICWA 020 form, which is an inquiry about Native American heritage;

The Juvenile Court decides if the children should reside with a parent or live somewhere else until further proceedings take place.

If the Juvenile Court places the child with anyone out of the parent’s home and continues their detention, the Juvenile Court establishes visitation orders so the parents/guardians and children can see each other. The Juvenile Court will also advise the parent how they can get help to reunify with their children.

Click Resources to download the handout, Parentage for more information on confirming parentage.

Click the arrow to learn more.

Reasonable and Active Efforts: The Juvenile Court also has to determine if the child welfare agency made “reasonable efforts” to keep the children with the parents and if not, why. This finding is extremely important. It is required by law of the agency upon any detention and must be explained in detail by the agency in its court report, so the Juvenile Court can make this finding.

ICWA requires any party seeking to effect a foster care placement of an Indian child, or termination of parental rights of an Indian child, must satisfy the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that those efforts have proved unsuccessful.

Time Frame: The Initial/Detention Hearing must be held the next court day after a petition is filed. If the hearing is not held within the time frame the child must be released from custody.

Burden of Proof: The burden of proof rests with the child welfare agency, and child welfare social worker, and must reach the level of prima facie, by showing that the allegations in the petition describe a child within WIC Section 300 (a)-(j), and that the children cannot return or be maintained safely in the home, and an order of continued detention is being requested.

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Purpose 1 (Slide Layer)

Purpose 2 (Slide Layer)

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Purpose 3 (Slide Layer)

Purpose 4 (Slide Layer)

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Time Frame (Slide Layer)

Burden of Proof (Slide Layer)

4.9 Knowledge Check

(Multiple Choice, 10 points, 1 attempt permitted)

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Correct Choice

Jurisdiction Hearing

X Initial/Detention Hearing

Disposition Hearing

WIC 366.26 (f) Permanency Hearing

Feedback when correct:

That's right. The Initial/Detention Hearing takes place after the child welfare agency files the

petition with the Juvenile Court.

Feedback when incorrect:

Sorry, that's incorrect. The Initial/Detention Hearing takes place after the child welfare agency

files the petition with the Juvenile Court.

Notes:

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Correct (Slide Layer)

Incorrect (Slide Layer)

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4.10 Jurisdiction Hearing

Notes:

Audio Narration:

At the Jurisdiction Hearing, the Juvenile Court shall first consider only the question of whether the petition is true and can be sustained.

Click each item to learn more.

Purpose: The word “described” means that the Juvenile Court needs to have evidence from the child welfare agency that proves the child has been a victim of abuse or neglect as described in one of the allegations of the 300 petition. The Juvenile Court has three ways to do this:

1.The parents or guardians admit the petition or allegations against them is true.

2.The parents or guardians do not contest the petition. They simply say nothing and offer no evidence or argument to counter the petition filed (called submission).

3.The parents or guardians dispute, or contest the petition, which usually results in a trial where all represented parties, including both parents, the child, and child welfare agency give the Juvenile Court evidence at a hearing. Then the Juvenile Court finds the petition true (sustained) or not true (dismissed).

Click the arrow to learn more.

Before the judge accepts an admission or submission, the Juvenile Court has to ensure the parents or guardians want to “waive” their right to a trial. This means the parents give up their right to see, hear, and question witnesses, and to bring their own witnesses, testify or choose to remain silent.

Time Frame: Upon filing of the petition, the clerk of the Juvenile Court shall set the Jurisdiction Hearing within 30 days except in the case of a child who is detained in custody at the time of the

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filing of the petition, the petition must be set for a hearing within 15 judicial days from the date of the order of the Juvenile Court directing such detention. When counting judicial days, which are similar to “business days” do not count weekends or Juvenile Court holidays.

In some California counties, the Jurisdiction Hearing and Disposition Hearing are calendared and heard at the same time. This hearing is commonly referred to as the Juris/Dispo hearing.

Burden of Proof: The burden of proof rests with the child welfare agency and the social worker assigned to the case and it is a burden of preponderance. The Juvenile Court considers the report submitted by the social worker, and the evidence presented in that report, all attachments and any testimony, and determines whether it is more likely than not that the child is a person described in the WIC Section 300 (a)-(j), a preponderance to support the findings.

Purpose 1 (Slide Layer)

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Purpose 2 (Slide Layer)

Time Frame (Slide Layer)

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Burden of Proof (Slide Layer)

4.11 Disposition Hearing

Notes:

Audio Narration:

After the Juvenile Court finds the petition to be true (sustained), the child is then described under WIC Section 300 (a)-(j) as a dependent of the Juvenile Court.

Click each item to learn more.

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Purpose: At the Disposition Hearing, the Juvenile Court hears evidence on the question of the proper disposition of the child, or what will happen to the child now that the Juvenile Court has found them to be victims of or at risk of abuse and/or neglect. The judge has a few options when determining what is best for the child and the family. The judge can:

Dismiss the case.

Order the child to remain placed or to be placed with their parents or guardians with family maintenance (FM) services. This means a social worker and the Juvenile Court will supervise the child and the parents or guardians while the case is open and until the issues that led to the Juvenile Court to find the petition to be true are no longer present.

Order the child to be suitably placed in foster care which can include living with a relative, family friend, foster parent, or short-term residential treatment center and order the parents or guardian family reunification (FR) services.

Order the child to be suitably placed in foster care and find that it is not appropriate to order family reunification (FR) services to the parents in order to have their child returned to them.

Click Resources to download the handout, WIC 361.5 Reasons for Non Reunification, for the reasons not to offer family reunification services. If this occurs, there will be a hearing within 120 days to decide where the child will live permanently, called the permanent plan.

Click the arrow to learn more.

If reunification services are ordered for the parents or guardians of a child who was three years or older on the date of the initial removal from the physical custody of their parent or guardian, court-ordered services shall be provided beginning with the Disposition Hearing and ending 12 months after the date the child entered foster care. This would NOT apply if the child is returned to the home of the parent or guardian.

For a child who is under three years of age, on the date of the initial removal from the physical custody of their parent or guardian, court-ordered services shall be provided for a period of six months from the Disposition Hearing, but no longer than 12 months from the date the child entered foster care, unless the child is returned to the home of the parent or guardian.

Click the arrow to learn more.

WIC Section 361, states that in all cases in which a minor is adjudged a dependent child of the court on the ground that the minor is a person described by WIC Section 300 (a)-(j), the court may limit the control to be exercised over the dependent child by any parent or guardian and shall by its order clearly and specifically set forth all those limitations. Any limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. The limitations may not exceed those necessary to protect the child.

WIC Section 362, states that if a child is adjudged a dependent child of the court on the ground that the child is a minor described by WIC Section 300 (a)-(j), the court may make any and all reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the child, including medical treatment, subject to further order of the court.

It is important that you consult your supervisor and/or county counsel for clarification when applying the Welfare and Institutions Code in your practice.

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Time Frame: Like the Jurisdiction Hearing, the clerk of the Juvenile Court shall set the hearing within 30 days except in the case of a child detained in custody at the time of the filing of the petition. The Disposition Hearing must be set within 15 judicial days from the date of the order of the Juvenile Court directing such detention. Remember, when counting judicial days, do not count weekends or Juvenile Court holidays.

Burden of Proof: The burden of proof at the Disposition Hearing is generally preponderance of evidence, unless the recommendation is to remove the child or continued custody of the child, then the standard of evidence is clear and convincing.

ICWA states that no order for foster placement may be made without clear and convincing evidence the Indian child is likely to suffer serious emotional harm or physical damage if the child remains with the parent or Indian custodian. Part of this evidence must include the testimony of a qualified expert witness.

Purpose 1 (Slide Layer)

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Purpose 2 Reunification Services (Slide Layer)

Purpose 3 WIC Sections 361 & 362 (Slide Layer)

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Time Frame (Slide Layer)

Burden of Proof (Slide Layer)

4.12 Knowledge Check

(Drag and Drop, 10 points, 1 attempt permitted)

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Drag Item Drop Target

Petition Within 48 hours of removal

Initial/Detention Within 72 hours of removal (the next court day

after the petition is filed)

Jurisdiction 15 court days after the Detention Hearing if

child is out of home, 30 calendar days if child

remains home

Disposition 10 court days after the Jurisdiction Hearing if

child is out of home, 30 calendar days if child

remains home or if government seeks to deny

reunification services

Drag and drop properties

Return item to start point if dropped outside the correct drop target

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Snap dropped items to drop target (Stack random)

Allow only one item in each drop target

Delay item drop states until interaction is submitted

Feedback when correct:

Good job. You matched each hearing with its time frame.

Feedback when incorrect:

That's not right. The correct response is shown here.

Correct (Slide Layer)

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Incorrect (Slide Layer)

4.13 WIC 364 Family Maintenance Review Hearing

Notes:

Audio Narration:

When the Juvenile Court has ordered children to live in the home of the parents, WIC 364 Family Maintenance (FM) Review Hearings are held to determine if continued dependency is necessary.

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Click each item to learn more.

Purpose: WIC 364 Family Maintenance (FM) Review Hearings are held every six months to allow the Juvenile Court to determine:

How the children are doing, specifically if the children are safe in the home and their needs are being met;

How the social worker is collaborating with the family; and

Whether or not the parents or guardians are progressing with their Juvenile Court ordered case plan.

The judge can either dismiss the case, keep supervising the children with family maintenance services or make additional orders for services to assist the family.

Time Frame: If the Juvenile Court retains jurisdiction, it shall continue the matter to a specified date, not more than six months from the time of the last hearing. Generally, family maintenance families have Juvenile Court jurisdiction terminated within 6 to 12 months of the date of the petition.

Burden of Proof: After hearing any evidence presented in the court report to the Juvenile Court by the social worker, the parent, the guardian, or the child, the Juvenile Court shall determine whether continued Juvenile Court supervision is necessary. The Juvenile Court shall terminate its jurisdiction unless the social worker or their agency established by a preponderance of evidence conditions still exist which would justify the initial assumption of jurisdiction under WIC Section 300 (a)-(j), or those conditions are likely to exist if supervision is withdrawn. The basic question is, can the child remain in the home without Juvenile Court supervision and agency oversight and remain safe?

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Purpose (Slide Layer)

Time Frame (Slide Layer)

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Burden of Proof (Slide Layer)

4.14 WIC 366.21 (e) Family Reunification Review Hearing

Notes:

Audio Narration:

The 6-Month 366.21 (e) Family Reunification (FR) Review Hearing is commonly referred to as the .21 (e) Hearing.

Click each item to learn more.

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Purpose: Where the Juvenile Court has ordered the child to be placed in foster care and the parent has been ordered to participate in services in order to have the child returned to the home, Family Reunification Review Hearings are held to let the Juvenile Court determine:

The continuing necessity and appropriateness of the placement outside the parent’s home;

Extent of the agency’s compliance with the case plan in making reasonable efforts, or active efforts in the case of an Indian child;

Whether there should be limitation of the rights of parents or guardians to make educational decisions for the children;

Whether sibling relationships have been maintained; and

What progress has been made by the parents to alleviate or mitigate the reasons the Juvenile Court found the petition to be true and ordered the child to be placed in foster care.

Click the arrow to learn more.

If the recommendation is not to return the children, the report shall say specifically why the return would be detrimental or unsafe. For each youth 16 years of age or older, the Juvenile Court shall also determine whether services have been made available to assist them in making the transition from foster care to successful adulthood.

The Juvenile Court shall estimate a likely date by which the child may be returned to and safely maintained in the home or placed for adoption, tribal customary adoption in the case of an Indian child, legal guardianship, placed with a fit and willing relative, or another planned permanent living arrangement.

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Since the children do not live in the home of the parents or guardians, the Juvenile Court can:

Order the children returned to the parents or guardians, and order family maintenance services; or

Maintain the foster care placement out of the parent’s home and order that the family continue to receive family reunification services; or

Terminate reunification services to the parents or guardians and set a Juvenile Court date for a hearing to determine what the permanent plan will be for the child pursuant to WIC Section 366.26.

Click the arrow to learn more.

If the child was under the age of three when the Juvenile Court took them away from the parents or guardians, the Juvenile Court can stop family reunification services at the first 6-Month Family Reunification Hearing, if by clear and convincing evidence the court finds that substantive progress has not been made. This can happen if the parents or guardians do not regularly participate or exhibit appropriate progress in treatment.

If, however, the court finds there is a substantial probability that the child, who is under three years of age on the date of their initial removal or is a member of a sibling group with a child under three years of age, may be returned to their parent or legal guardian within six months, the court shall continue the case to the 12-Month Permanency Hearing.

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If the children are over the age of three years when the Juvenile Court took them away from the parents or guardians, the Juvenile Court can continue family reunification services for an additional six months.

It should be noted, under most circumstances the court will continue services to the 12-Month Hearing.

Time Frame: The status of every dependent child in foster care shall be reviewed periodically as determined by the Juvenile Court but no less frequently than once every six months, as calculated from the date of the original Disposition Hearing, until the hearing described in WIC 366.26 Permanency/Selection and Implementation Hearing is completed.

Burden of Proof: The Juvenile Court must find that by a preponderance of evidence, the return of the children to their parents or legal guardians would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the children. The child welfare agency and social worker shall have the burden of establishing detriment in which case the court can extend services.

If by clear and convincing evidence the court finds that the likelihood that the child will not be returned to the parents or guardians within the next six months, the court may schedule a 366.26 Permanency/Selection and Implementation Hearing. If the Juvenile Court finds by clear and convincing evidence the parents failed to participate regularly and make substantive progress in a Juvenile Court-ordered case plan, the Juvenile Court may schedule a hearing pursuant to WIC Section 366.26.

Purpose 1 (Slide Layer)

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Purpose 2 (Slide Layer)

Purpose 3 (Slide Layer)

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Purpose 4 (Slide Layer)

Time Frame (Slide Layer)

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Burden of Proof (Slide Layer)

4.15 WIC 366.21 (f) Permanency Hearing

Notes:

Audio Narration:

The 12-Month 366.21 (f) Permanency Hearing is commonly referred to as the 12-Month Family Reunification Hearing or the .21 (f) Hearing.

Click each item to learn more.

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Purpose: At the Permanency Hearing, the Juvenile Court shall determine the permanent plan for the child, which shall include determination of whether the child will be returned to the child’s home. Where the Juvenile Court has ordered the child to be placed in foster care and the parent has been ordered to participate in services in order to have the child returned to the home, 12-Month Family Reunification Review Hearings are held to let the Juvenile Court determine the same items as the WIC 366.21 (e) Family Reunification Review Hearings.

Click the arrow to learn more.

Since the children do not live in the home of the parents or guardians, the Juvenile Court can:

Order the children returned to the parents or guardians, and order family maintenance services; or

Terminate reunification services to the parents or guardians and set a Juvenile Court date for a hearing to determine what the permanent plan will be for the child pursuant to WIC Section 366.26; or

Maintain the foster care placement out of the parent’s home and order the family to continue to receive family reunification services up to six months, if the time frame has not been exceeded. The Juvenile Court shall continue the case only if it finds that there is substantial probability that the child will be returned to the physical custody of their parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian.

Time Frame: The time frame is 12-months from the date of the Jurisdiction Hearing or sixty days from the date of removal, whichever occurs first. You should consult with your supervisor and/or county counsel to assist in determining the actual date, however, in most cases the court will set the date of the hearing based on these guidelines.

Burden of Proof: The burden of proof and standard of evidence is the same as the WIC 366.21 (e) Family Reunification Review Hearing.

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Purpose 1 (Slide Layer)

Purpose 2 (Slide Layer)

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Time Frame (Slide Layer)

Burden of Proof (Slide Layer)

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4.16 WIC 366.22 Permanency Review Hearing

Notes:

Audio Narration:

The 18-Month 366.22 Permanency Review Hearing is commonly referred to as the 18-Month Family Reunification Hearing or .22 Hearing.

Click each item to learn more.

Purpose: The purpose of the 18-Month Permanency Review Hearing is the same as that of the 12-Month Permanency Review Hearing. The Juvenile Court shall order the return of the child to the physical custody of their parent or legal guardian unless the court finds, by a preponderance of evidence, that the return of the child to their parent or legal guardian would create substantial risk of detriment to the safety, protection or physical or emotional well-being of the child.

Since the children do not live in the home of the parents or guardians, the Juvenile Court can:

Order the children returned to the parents or guardians, and order family maintenance services; or

Terminate reunification services to the parents or guardians and set a Juvenile Court date for a hearing to determine what the permanent plan will be for the child pursuant to WIC Section 366.26

Click the arrow to learn more.

There is a special hearing that can extend reunification services to 24 months under certain circumstances. These include:

If the child is not returned to the parents or guardians at the status review hearing and the

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Juvenile Court determines by clear and convincing evidence that the best interest of the child would be met by the provision of additional reunification services to a parent or legal guardian who is making significant and consistent progress in a Juvenile Court-ordered, residential substance use treatment program;

A parent who is either a minor parent or young adult dependent;

A parent who was recently discharged from incarceration, institutionalization or United States Department of Homeland Security or immigration hold, commonly referred to as ICE.

If the parent or guardian is making significant and consistent progress in establishing a safe home for the child’s return, the Juvenile Court may continue the case for up to six months for a subsequent permanency review hearing.

Time Frame: The time frame is no later than 24 months after the date the child was removed from the home.

Burden of Proof: The burden of proof and standard of evidence is the same as the WIC 366.21 (e) Family Reunification Review Hearing.

Purpose 1 (Slide Layer)

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Purpose 2 (Slide Layer)

Time Frame (Slide Layer)

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Burden of Proof (Slide Layer)

4.17 WIC 366.25 Subsequent Permanency Review Hearing

Notes:

Audio Narration:

At a 24-Month Subsequent Permanency Review Hearing, the Juvenile Court must return the child to the custody of the parents unless the court finds by a preponderance of the evidence that return would create a substantial risk of detriment to the safety, protection or physical or

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emotional well-being of the child.

Click each item to learn more.

Purpose: At the 24-Month Subsequent Permanency Review Hearing, the court is interested in:

Whether the agency provided or offered reasonable services to the parents;

The family's progress on the family reunification plan; and

Whether the child can be returned to parental care now or continues to be in need of out-of-home placement.

If the child cannot be returned, a WIC 366.26 Permanency/Selection and Implementation Hearing must be set or a permanent plan or long-term foster care should be ordered.

Click the arrow to learn more:

The failure of the parent to participate regularly or make substantive progress in court-ordered treatment programs is considered prima facie evidence that return would be detrimental. As it makes its determination whether returning the child to the parent would be detrimental, the Juvenile Court must also consider:

The efforts or progress, or both, demonstrated by the parent or legal guardian; and

The extent to which the parent or guardian availed themselves to services provided, taking into account the particular barriers to an incarcerated, institutionalized, detained or deported parent's or guardian's access to those court-mandated services and ability to maintain contact with the child.

If the child is returned to the parent, the Juvenile Court will schedule a WIC 364 Family Maintenance Review Hearing.

If the Juvenile Court does not return the child to the parent, it must terminate services to the parents and either schedule a WIC 366.26 Permanency/Selection and Implementation Hearing or order long-term foster care.

Time Frame: The time frame is within 24 months from the date the children were originally removed from the physical custody of their parent or legal guardian.

Burden of Proof: The burden of proof and standard of evidence is the same as the WIC 366.21 (e) Family Reunification Review Hearing.

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Purpose 1 (Slide Layer)

Purpose 2 (Slide Layer)

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Time Frame (Slide Layer)

Burden of Proof (Slide Layer)

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4.18 WIC 366.26 Permanency/Selection and Implementation Hearing

Notes:

Audio Narration:

A WIC 366.26 Permanency/Selection and Implementation Hearing is held to provide stable, permanent homes for children where reunification with their parent is no longer an option.

Click each item to learn more.

Purpose: At this hearing, the Juvenile Court makes a permanent plan for the children. The plan can be:

Terminate parental rights so the children can be adopted;

Not terminate parental rights, and order a tribal customary adoption;

Name a legal guardian for the children; or

Place the children with a relative, foster parent, or in a residential treatment facility for an extended period of time, or another planned permanent living arrangement (APPLA)

The preferred choice for a child’s permanent plan is adoption, or tribal customary adoption, followed by legal guardianship. Additional permanency options are placement with a fit and willing relative, and another planned permanent living arrangement (APPLA) for youth 16 and older.

Time Frame: The 366.26 hearing is held no longer than 120 days from the order of terminating reunification services. If the judge orders a plan of adoption, tribal customary adoption, adoption of a young adult dependent or legal guardianship, the Juvenile Court shall retain jurisdiction over the child or youth until the adoption or legal guardianship is established, or a young adult has successfully transitioned to adulthood.

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Burden of Proof: There must be a finding of clear and convincing evidence the minor child is likely to be adopted. For all other plans a preponderance of evidence is sufficient.

ICWA requires any party seeking termination of parental rights to satisfy the Juvenile Court that active efforts have been made to provide services designed to prevent the breakup of the Native American family and that those efforts were unsuccessful. ICWA further prohibits an order to terminate parental rights from being made in absence of a determination, supported by evidence beyond a reasonable doubt including testimony from a qualified expert witness that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child.

Purpose (Slide Layer)

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Time Frame (Slide Layer)

Burden of Proof (Slide Layer)

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4.19 WIC 366.3 Post Permanency Hearing

Notes:

Audio Narration:

The WIC 366.3 Post Permanency Hearing is held for those children whose permanent plan is adoption, tribal customary adoption, or legal guardianship, while they are waiting for the completion of their permanent plan. It is also for those children who have been placed with a relative, foster parent, or in a long-term residential treatment facility or another planned permanent living arrangement.

Click each item to learn more.

Purpose: Post Permanency Review Hearings are held to let the Juvenile Court consider the progress toward finalizing a permanent plan. If the child is in a plan other than adoption the court will consider:

The safety of the child;

What progress is being made to find a permanent home for the children;

The need to continue the placement and the appropriateness of the placement;

Identification of individuals other than the child’s siblings and the actions necessary to maintain the child’s relationship with these identified individuals;

The continued appropriateness and extent of compliance with the permanent plan for the child;

Click the arrow to learn more.

The extent of the agency’s compliance with the child welfare services case plan in making reasonable efforts either to return the child to the safe home of the parent or to complete

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whatever steps are necessary to finalize the permanent placement of the child;

If parental rights have not been terminated, the extent of progress the parents or guardian have made toward alleviating or mitigating the causes necessitating placement in foster care; and

Whether a second period of reunification services is in the child’s best interest and there is a significant likelihood of the child’s safe return to the home of the parent, due to changed circumstances of the parent.

If the reviewing body determines that a second period of reunification services is in the child’s best interests, and that there is a significant likelihood of the child’s return to a safe home due to changed circumstances of the parent, pursuant to subdivision (f), the specific reunification services required to effect the child’s return to a safe home shall be described.

Click the arrow to learn more.

For youth 16 and older the Juvenile Court must:

Ask the youth about their desired permanency outcome;

Make a determination and explain why another planned permanent living arrangement is the best permanency plan for the child;

State on record the compelling reason why it continues to not be in the best interest of the child to return home, be placed for adoption, be placed with a legal guardian, or be placed with a fit and willing relative;

Review the intensive and ongoing efforts to return the youth to the home of the parent, place for adoption, or establish legal guardianship as appropriate;

Click the arrow to learn more.

Ensure the youth’s care provider is following reasonable and prudent parent standards, which means careful and sensible parental decisions that maintain the youth’s health, safety, and best interests;

Determine if the youth has regular, ongoing, opportunities to engage in age or developmentally appropriate activities; and

Assess barriers to achieving the permanent plan and efforts made by the agency to address those barriers.

Time Frame: This hearing is held every six months until the child’s Juvenile Court case is dismissed. If the order is a plan of adoption, tribal customary adoption, or adoption of a young adult or legal guardianship, the Juvenile Court shall retain jurisdiction over the child or young adult until the adoption or legal guardianship is established.

Burden of Proof: The Juvenile Court must make a finding that a preponderance of evidence has been met.

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Purpose 1 (Slide Layer)

Purpose 2 (Slide Layer)

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Purpose 3 (Slide Layer)

Purpose 4 (Slide Layer)

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Time Frame (Slide Layer)

Burden of Proof (Slide Layer)

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4.20 WIC 366.31 Post Permanency Hearing

Notes:

Audio Narration:

The WIC 366.31 Post Permanency Hearing is a specialized hearing for the young adult opting to remain in foster care, where there is a balance of the young adult being an adult and a dependent simultaneously.

Click each item to learn more.

Purpose: If the hearing is the last review hearing before the youth turns 18, the Juvenile Court shall ensure the following:

The youth's case plan includes a plan for the youth to satisfy one or more of the participation conditions of extended foster care, so the youth is eligible to remain in foster care as a young adult dependent;

The youth has been informed of their right to seek termination of dependency jurisdiction pursuant to WIC Section 391, and understands the potential benefits of continued dependency; and

The youth has been informed of their right to have their dependency case reopened and understands the potential benefits of continued dependency.

Engaging the young adult with respect to their dependency and adulthood is crucial in this process. The young adult should be informed of the information that will be documented in the court report. Special attention should be given to how and what information is reported about their health and criminal records, as they are now adults afforded the same protection as other adults.

Click Resources and download the handout, 366.31, Hearing Before Youth Turns 18 for

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additional information required in the court report. If you will be working with young adults.

Time Frame: The time frame for the WIC 366.31 Post Permanency Hearing is the same as the time frame for the WIC 366.3 Post Permanency Hearing.

Burden of Proof: The Juvenile Court must make a finding that a preponderance of evidence has been met.

Purpose (Slide Layer)

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Time Frame (Slide Layer)

Burden of Proof (Slide Layer)

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4.21 ICWA

Notes:

Audio Narration:

In 2010, California adopted legislation to expand the definition of “Indian child” for the purpose of Indian child custody proceedings to include an unmarried person who is 18 years of age or over but under 21 years of age, who is a member of a tribe or eligible for membership in an Indian tribe, and who is under the jurisdiction of a Juvenile Court.

ICWA standards continue to apply to a Native American youth’s dependency case after age 18, unless the young adult chooses to no longer be defined as an “Indian child.” If the young adult objects to being defined as an “Indian child” the social worker should explore their objections and explain the benefits of remaining an “Indian child.” This is best explored in a team setting, and with tribal representatives if possible.

The young adult can decide if they want the provisions of ICWA to apply to them after they turn 18. This includes provisions such as tribal involvement in case planning, and noticing of Juvenile Court hearings. If the young adult decides to continue as an “Indian child” then the tribe continues to be involved and all provisions of ICWA continue to apply including active efforts and noticing. Social workers must engage more intensely to meet the active efforts standards. This includes utilizing tribal resources, extended family, and other culturally-appropriate services. While assessing the young adult for services, services provided by the tribe and/or culturally relevant services shall be considered.

All provisions of Fostering Connections Act After 18/AB 12 apply to Native American young adults opting to stay in foster care and opting to remain an “Indian child.”

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4.22 WIC 391 Termination of Jurisdiction Hearing

Notes:

Audio Narration:

According to WIC Section 391, the Juvenile Court shall not terminate jurisdiction over a young adult dependent unless a hearing is conducted.

Click each item to learn more:

Purpose: The social worker must submit specific information to the Juvenile Court and the court must consider that information prior to terminating jurisdiction. As a social worker, you’ll want to ensure the young adult dependent is present in Juvenile Court, unless the young adult does not wish to appear, or elects a telephonic appearance, or you have documented the reasonable efforts made to locate the young adult when the young adult is not available.

Document whether it is in the young adult’s best interest to remain under the Juvenile Court’s dependency jurisdiction. This includes a recommended transitional independent living case plan for the young adult when the report recommends continuing dependency jurisdiction to be in the young adult’s best interest.

If the recommendation is to terminate the Juvenile Court’s dependency jurisdiction, submit documentation of reasonable efforts made to provide the young adult with the assistance needed to meet or maintain eligibility as a dependent of the Juvenile Court.

If the young adult has indicated they do not want dependency jurisdiction to continue, your report shall address the manner in which the young adult was advised of their options, including the benefits of remaining in foster care, and of their right to reenter foster care.

Click Resources to download the handout, WIC 391 for the full text of the legislation that contains additional information required from the child welfare agency at the hearing.

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Click the arrow to learn more.

The Juvenile Court shall continue dependency jurisdiction over a young adult who meets the legal definition of a non-minor dependent, or young adult unless the Juvenile Court finds any of the following:

The young adult does not wish to have an open Juvenile Court case.

The young adult is not participating in a reasonable and appropriate transitional independent living case plan.

The young adult has not been located and reasonable efforts to locate the young adult have been documented.

The young adult has reached 21 years old age, at which time the Juvenile Court must terminate jurisdiction.

Burden of Proof: The Juvenile Court must make a finding that a preponderance of evidence has been met.

Purpose 1 (Slide Layer)

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Purpose 2 (Slide Layer)

Burden of Proof (Slide Layer)

4.23 Knowledge Check

(Sequence Drag-and-Drop, 10 points, 1 attempt permitted)

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Correct Order

Initial/Detention Hearing

Jurisdiction Hearing

Disposition Hearing

Status Review Hearing

366.26 Permanency Hearing

Post Permanency Hearing

Feedback when correct:

Nice work. The order of Juvenile Court hearings is: (1) Initial/Detention; (2) Jurisdiction; (3)

Disposition; (4); Status Review Hearing; (5) 366.26 Permanency Hearing; and (6) Post

Permanency Hearing.

Feedback when incorrect:

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Almost. The order of Juvenile Court hearings is: (1) Initial/Detention; (2) Jurisdiction; (3)

Disposition; (4); Status Review Hearing; (5) 366.26 Permanency Hearing; and (6) Post

Permanency Hearing.

Correct (Slide Layer)

Incorrect (Slide Layer)

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4.24 Juvenile Court Minute Order

Notes:

Audio Narration:

After each hearing held by the Juvenile Court, a minute order will be created for the hearing. The minute order is a legal document which records the minutes of the Juvenile Court session. It holds important information such as who the legal parents are, who is receiving services, name of any attorneys, and additional findings and orders of the court. The Juvenile Court minute order should be read and understood by the social worker who will use it to guide direction of the case.

Let’s take a moment to look at a minute order for a Detention Hearing.

Item 1. The written reasons the family and children came before the Juvenile Court. This is standard on most minute orders.

Item 2. The type of hearing, date of the hearing, judicial officer, all of the parties involved, and if they were present in Juvenile Court.

Item 3. A statement that the judge has read and considered and admits into evidence the worker’s report, CASA’s report, and other evidence as listed.

Item 4: Based on the foregoing and all other evidence received, the court findings and orders.

Items 5, 6, and 7: The names of the attorneys and CASA appointee.

Item 8: Parentage.

Items 9 and 10: The Advisements and Waivers that the judge has informed and advised the parent(s) or guardian(s).

Item 11: If the child is not detained, the name of the party taking custody of the child.

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Items 12-23: If the child is detained, the specifics of the case, the detriment to returning the child, where the child is ordered placed, reasonable efforts, services for the children, parent(s or guardian(s) or Indian Custodian (if any), visitation and with whom, other court orders, and lastly when the next hearing is scheduled.

This minute order is specific to the Initial/Detention Hearing, and is designed specifically for that hearing. Each hearing type will have a specific minute order based on the type of hearing, purpose of the hearing, and recommendations of the hearing. In some jurisdictions the findings and orders are separate from minute orders. The example of the Initial/Detention Order Minute Order provided here is an optional format recommended by the California Courts: The Judicial Branch of California website, however, each Juvenile Court can adapt minute orders, therefore, they may look different, but the content is similar. Please see your supervisor and county counsel for specifics on your jurisdiction.

4.25 Case Scenario

Notes:

Audio Narration:

Consider this scenario. A nine-month old child, Jazmine, was removed from the care of her mother, Sally and her father, Tom, for substance abuse and general neglect. The child, Jazmine was placed with her paternal aunt, Denise Bennet.

Click Resources to download the handout, Case Scenario Minute Order, and use it to help you answer the following questions about Jazmine’s dependency proceedings. You can also click the “minute order” button on the knowledge check screens to access the case scenario minute

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order.

4.26 Knowledge Check

(Multiple Choice, 10 points, 1 attempt permitted)

Correct Choice

March 1, 2016 at 9:00 am

March 4, 2016 at 9:00 am

X March 24, 2016 at 9:00 am

March 24, 2016 at 1:00 pm

Feedback when correct:

That's right. The next hearing is scheduled for March 24, 2016 at 9:00 am.

Feedback when incorrect:

Sorry, that's incorrect. The next hearing is scheduled for March 24, 2016 at 9:00 am.

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Notes:

Correct (Slide Layer)

Incorrect (Slide Layer)

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4.27 Knowledge Check

(Multiple Response, 10 points, 1 attempt permitted)

Correct Choice

X Alcohol and drug testing

X Substance abuse treatment

X Parenting education

X Homeless service

Feedback when correct:

Good work. Alcohol and drug testing, substance abuse treatment, parenting education and

homeless service were ordered by the Juvenile Court for Jazmine’s mother and father.

Feedback when incorrect:

Almost. Alcohol and drug testing, substance abuse treatment, parenting education and

homeless service were ordered by the Juvenile Court for Jazmine’s mother and father.

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Correct (Slide Layer)

Incorrect (Slide Layer)

4.28 Knowledge Check

(Multiple Response, 10 points, 1 attempt permitted)

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Correct Choice

Father may be a member of the Torres Martinez Tribe, Department is to provide

notice

Mother may be a member of the Cupeño Tribe, Department is to provide notice

X Mother may be a member of the Torres Martinez Tribe, Department is to provide

notice

Father may be a member of the Cupeño Tribe, Department is to provide notice

Feedback when correct:

Good work. The Mother may be a member of the Torres Martinez Tribe and the Department is

to provide notice.

Feedback when incorrect:

Almost. The Mother may be a member of the Torres Martinez Tribe and the Department is to

provide notice.

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Correct (Slide Layer)

Incorrect (Slide Layer)

4.29 Knowledge Check

(Multiple Choice, 10 points, 1 attempt permitted)

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Correct Choice

Initial/Detention Hearing

Status Review Hearing

X Jurisdiction and Disposition Hearing

366.26 Permanency Hearing

Feedback when correct:

That's right. The next hearing is the Jurisdiction/Disposition Hearing.

Feedback when incorrect:

Sorry, that's incorrect. The next hearing is the Jurisdiction/Disposition Hearing.

Notes:

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Correct (Slide Layer)

Incorrect (Slide Layer)

4.30 Knowledge Check

(Multiple Choice, 10 points, 1 attempt permitted)

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Correct Choice

X True

False

Feedback when correct:

That's right. The purpose of the Jurisdiction Hearing is to determine if the petition is true or not.

Feedback when incorrect:

Sorry, that's incorrect. The purpose of the Jurisdiction Hearing is to determine if the petition is

true or not.

Notes:

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Correct (Slide Layer)

Incorrect (Slide Layer)

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4.31 LIGHTBOX: Case Scenario Minute Order

Notes:

Page 2 (Slide Layer)

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Page 3 (Slide Layer)

Page 4 (Slide Layer)

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Page 5 (Slide Layer)

5. Social Worker Role

5.1 Social Worker Role in Juvenile Court Process

Notes:

Audio Narration:

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In this topic, you’ll learn about your primary role in dependency proceedings and the Juvenile Court process.

5.2 Video: Social Worker as Collaborator and Engager

Notes:

Audio Narration:

Social workers wear many hats. One of the most important hats is that of chief collaborator and engager.

Click the Play button to view a brief video about this important role in dependency proceedings.

[music for title sequence]

Hi there. I’m Tammy Pruitt, Senior Deputy County Counsel at the Office of County Counsel in Los Angeles County.

The social worker’s primary role is chief collaborator and engager, with the court, service providers, county counsel, care givers and families. Communication must be direct, honest, and unambiguous to avoid any misunderstandings of important information. That includes conveying possible case outcomes to your families.

How you engage with your families, service providers and care givers will impact the information or content you provide to the court. The information you provide to the court through your reports allows you to engage and collaborate with the Juvenile Court as well. If you are not adequately engaging families, service providers, and caregivers it will be reflected in the content of your court report, which will impact the outcomes for the families.

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Your court report is a reflection of your assessment of the family. In order to provide an appropriate and complete assessment, it is critical that you begin by engaging the family and having a conversation. If you walk into a home with a checklist, it is difficult to understand the underlying needs of that family and your failure to identify those needs and address them will lead to the family coming back into the system.

The quality of your assessment of the family and your ability to engage and identify their needs will also be reflected in your report to the court. So always conduct a thorough assessment of every family you come into contact with as a social worker, whether you are an ER, emergency response worker or a continuing services worker.

In preparation for writing the court reports you should start with collaboration and engagement of families, service providers, and caregivers to make accurate and balanced assessments based upon the specific facts of the case.

After the completion of each hearing the family may have questions, and they will look to you for answers. It is important that you are prepared to answer their questions without providing legal advice. Part of the preparation for those conversations is understanding the minute orders of the case and using those minute orders as your road map or guide to the case.

This road map will tell you many things. The road map will tell you who is involved in the case, who is receiving services and who is not receiving services, and what is the time frame for those services, and what the services are. In addition, it will also contain any special orders for the agency, child, parents or caregivers.

Simply put, the minute order tells you what the agency is supposed to do and what the parents are supposed to do. The minute order or road map will also help you understand what is needed for the next court hearing. Don’t forget, the roadmap helps to form the content of the next court report in addition to the legal requirements necessary for each hearing. So making sure everyone is headed in the right direction after each hearing. That’s key.

Don’t forget to include collaboration with key partners such as tribal members, ICWA experts, CASA, educational liaisons, permanent connections or supports for children and youth. It may be necessary to collaborate with attorneys who represent the child, parent or guardian. Please remember: Always consult with your county counsel prior to having those conversations and don’t forget you have a team. Your team is county counsel and your supervisor and they are your supports in this process.

One of the ways in which California is ensuring that all child welfare workers are headed in the right direction is implementation of the Child Welfare Core Practice Model. California’s child welfare community has a long and respected history of creating and implementing successful approaches to serving children and families. The Core Practice Model includes six practice components, comprised of activities of collaborative work with children, youth, and families involved with children welfare. Let’s take a look at those practice activities and behaviors that are helpful when working with families and the court.

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Full screen video plays here (Slide Layer)

5.3 California Core Practice Model – Practice Behaviors

Notes:

Audio Narration:

The California Core Practice Model outlines foundational practice behaviors that are helpful when working with the family and the court. Be open, honest, clear, and respectful in your communication by doing the following:

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Use language and body language that demonstrates an accepting approach to understanding the family.

Ask people how they prefer to be addressed, and address individuals by the name or title they request in person and in writing.

Show deference to Tribal leadership and their titles in written and verbal communication.

Be open and honest about the safety threats and circumstances that brought the family to the attention of the agency, what information can be shared among team members, and what information will be included in the court reports.

Be transparent about the role of the court and the child welfare agency.

5.4 The Juvenile Court: How it Works

Notes:

Audio Narration:

The California Courts, The Judicial Branch of California has created several documents that you can provide to parents, children and caregivers. These can help them understand the Dependency process. At this same website, you’ll find a link to a video that parents can view called, The Juvenile Court Orientation Process. This is a 13 minute video which explains to parents what has happened and what to expect.

Click the image on the screen if you want to view this website.

Click Resources to download the handouts, JV 050 - Juvenile Court Information for Parents and JV 055 - Juvenile Court - the Dependency Court: How it Works to use in your practice.

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For additional tips when working with families and your legal responsibilities, click Resources and download the handout, Legal Procedures: Social Workers Tips.

5.5 Knowledge Check

(Multiple Choice, 10 points, 1 attempt permitted)

Correct Choice

X True

False

Feedback when correct:

That's right. The California Core Practice Model outlines foundational practice behaviors that are

helpful when working with the family and the court.

Feedback when incorrect:

Sorry, that's incorrect. The California Core Practice Model outlines foundational practice

behaviors that are helpful when working with the family and the court.

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Notes:

Correct (Slide Layer)

Incorrect (Slide Layer)

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6. Conclusion and Posttest

6.1 Conclusion

Notes:

Audio Narration:

The Juvenile Court can have a significant impact on the lives and futures of children and families. Your role as a social worker in the juvenile dependency process is extremely important, and your understanding of this process is crucial. Your work with children, families, and young adults over time will be the basis for what you will report to the court. Your accurate assessment of families is critical in helping the court make legal decisions. Don’t forget you are part of a larger team, don’t hesitate to consult your county policy, or contact your supervisor, and county counsel for additional assistance.

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6.2 Posttest

Notes:

Audio Narration:

Now, it’s time to see what you learned in this eLearning course. You will need to score 80% or higher on the Posttest to receive credit for this course.

Click NEXT to begin the Posttest.

6.3 Draw from Question Bank

Draw all questions randomly from Question Bank

6.4 Results

(Results Slide, 0 points, 1 attempt permitted)

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Results for

6.3 Draw from Question Bank

Result slide properties

Passing Score 80%

Notes:

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Success (Slide Layer)

Failure (Slide Layer)

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6.5 References

Notes:

Audio Narration:

Here are the references we used to develop this course. Please click Resources to download the References handout.

6.6 Congratulations

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Notes:

Audio Narration:

Congratulations! You’ve completed the eLearning course, Legal Procedures.

Click Exit to exit the course.