Continuance Requests

0300-503.98 | Revision Date: 07/01/14

Overview

This policy guide provides guidance on how to request a continuance of a scheduled court hearing and the circumstances under which requesting a continuance is appropriate.

TABLE OF CONTENTS

Policy

Continuance Request

Reasons for a Continuance

Procedure

Requesting a Continuance of a Scheduled Court Hearing

CSW Preparing the Court Report Responsibilities

SCSW Responsibilities

ARA Responsibilities

Requesting a Subsequent Continuance

CSW Preparing the Court Report, SCWS, and ARA Responsibilities

Receiving a Report or Notification of New Court Date

Juvenile Court Service (JCS) Court Officer Responsibilities

CSW Preparing the Court Report Responsibilities

Approvals

Helpful Links

Attachments

Forms 

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 04/28/10 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan.

POLICY

Continuance Request

When a CSW has not submitted a report for a hearing in a timely manner and/or has not provided proper notice, a request for a continuance must be submitted to the court.  Any delay in a court proceeding could delay family reunification or legal permanency and could impact child safety. 

Reasons for a Continuance

A continuance will only be granted on a showing of good cause. Appropriate reasons for a continuance include:

• Child safety concerns

• New information that requires further investigation and/or evaluation

• Information that was recently located about the child’s parent(s) when additional time is needed for notice for a hearing other than a WIC 366.26 hearing

• Sudden illness or injury of the CSW

• Sudden change in the family’s situation

• Failure to send timely and/or proper notice for a WIC 366.26 hearing

• CSWs must submit a continuance request as soon as it is determined that he/she is unable to send timely and/or proper notice for a WIC 366.26 hearing

Inappropriate reasons for a continuance include:

• CSW being on vacation

• Failure to complete a report in a timely manner

• Failure to send timely and/or proper notice of all other appearance hearings

• The exception is when information about a child’s parent(s) was recently located, resulting in additional time being needed for notice of a hearing.

Back to Policy

PROCEDURE

Requesting a Continuance of a Scheduled Court Hearing

CSW Preparing the Court Report Responsibilities

1. At the earliest possible date, consult with the SCSW to see if the continuance can be avoided.

2. If the continuance cannot be avoided, create an Ex Parte Application and Order report in CWS/CMS.

1. Prior to creating the report:

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

2. Update the case record if necessary.

2. Create the reports in CWS/CMS by selecting “Other” in the dialogue box titled, “Ex Parte Application and Order Document Options.”

3. Use the Sample Ex Parte Application and Order.

4. Complete all appropriate fields in the report that are not pre-populated by CWS/CMS. 

3. Print and sign the completed report.

4. Submit the report to the SCSW for approval.

5. If the report is not approved by the SCSW and the ARA, take necessary corrective action and re-submit for approval.

6. When the report is approved by the SCSW and the ARA, request on-line approval.

7. Route the report with any attachments to support staff for final preparation and delivery to court as a Walk-On report.

• The report must be delivered at the earliest possible date or at least by noon, two (2) judicial days prior to the hearing.

SCSW Responsibilities

1. Review the Ex Parte Application and Order and all supporting documents.

2. If approved, sign and date the report and send it to the ARA without approving it on-line.

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

4. If approved by the ARA, approve the report on-line and return the report to the CSW.

5. If the report was not approved by the ARA, take necessary corrective action or return the report to the CSW for corrective action, if necessary.

ARA Responsibilities

1. Review report for appropriateness of the continuance request.

2. If approved, sign and date the report and route to the SCSW.

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

Back to Procedure

Requesting a Subsequent Continuance

CSW Preparing the Court Report, SCWS, and ARA Responsibilities

When a previous hearing was continued at the request of DCFS and when a subsequent continuance is being requested, adhere to the following procedures.

1. Consult as a team and, if appropriate, with the County Counsel, on the following:

1. Determine whether the continuance request should be a Walk-On report or should be submitted on the date of the scheduled hearing.

2. Decide how the report should be written.

2. Follow the procedures for requesting a continuance of a scheduled court hearing.

Back to Procedure

Receiving a Report or Notification of New Court Date

Juvenile Court Service (JCS) Court Officer Responsibilities

1. If the next scheduled hearing is set within thirty (30) calendar days or less:

1. Call the CSW by the end of the business day.

2. Inform the CSW of the new court date.

2. If unable to contact the CSW by phone, call the SCSW or the duty worker, and inform him/her of the new court date.

3. In necessary, instead e-mail the new court date to the CSW and the SCSW.

CSW Preparing the Court Report Responsibilities

• Upon receipt of the minute order and/or the notification by JCS of the new court date, ensure that the court report is prepared and sent to court in a timely manner.

Back to Procedure

APPROVALS

SCSW Approval

• ContinuanceWhen a party to a lawsuit needs to postpone a matter that has been calendared for a hearing or trial, the proper procedure is to apply to the court for a continuance (postponement to a later date). request

• Applicable Court report

ARA Approval

• Continuance request

• Applicable Court report

RA Approval

• Applicable Court report

Back to Approvals

HELPFUL LINKS

Attachments

Sample Ex Parte Application and Order Report

Forms

CWS/CMS

Ex Parte Application and Order

Referenced Policy Guides

0300-308.07, Time Frames for Submission of Court Reports

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

Statutes

Welfare and Institutions Code (WIC) Section 352(a, b) – States that the court may continue any listed court hearing upon request, unless the continuance is contrary to the interest of the minor. Includes requirements for continuance requests. Also includes time frames for continuance requests and hearings that have been granted continuances.

Back to Helpful Links