Notice of Publication for a WIC 366.26 Hearing

0300-306.30 | Revision Date: 03/08/21

Overview

This policy provides staff with guidance on how to properly notice parents whose whereabouts are unknown for a WIC 366.26 hearing by way of publication of a citation.

TABLE OF CONTENTS

Policy

Statutory Requirements

Publication of Citation

Procedure

Preparing the Request for Publication

CSW Responsible for Providing Notice

A Parent is Located While Preparing for Publication

CSW Responsible for Providing Notice

Approvals

Helpful Links

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 04/02/15 version to emphasize that when the Court orders DCFS to publish in foreign language, CSWs must publish in English and in the specified language. If the Court orders DCFS to publish in Spanish language newspaper, it also must publish in the Daily Commerce Newspaper and in Spanish in Pace News through the Daily Journal Corporation.

POLICY

Statutory Requirements

For parents whose whereabouts are unknown, publication of a citation meets the statutory requirements for notice for a WIC 366.26 hearing.

Established procedures must be followed to determine the means by which parents can be provided with proper notice and whether other parties may be given notices in lieu of and/or in addition to parents.

The court will issue orders regarding noticing requirements for unknown parents, which may include dispensing with notice.

Publication of Citation

Publication must be made once a week for four (4) consecutive weeks with the last publication appearing no later than thirty (30) days prior to the WIC 366.26 hearing, not including the day of the hearing.

• The court must be notified by a due diligence report at least seventy-five (75) calendar days before the hearing date when the parent cannot be served with a notice.

• The order for publication must be submitted to the Service Planning Area (SPA)/office's Publication Clerk no later than ninety (90) calendar days prior to the scheduled 366.26 hearing.

• Whether notice is to the attorney of record or by publication, the court must also order that notice be given to the grandparents of the child, if their address is known, by first-class mail only when the parent's whereabouts is unknown.

Citations are routinely published in English in a court-designated newspaper of general circulation.

• CSWs are not required to request publication in a foreign language newspaper and therefore should not request that the Court make such an order. However, when signing a publication order, the Court may order that a citation be translated and published in Spanish or in another foreign language publication, out-of-county, out-of-state, or in a specialized periodical.

• In these instances, the CSW will request publication in two (2) newspapers: First, published in English in the designated local newspaper; Second, published in the foreign language periodical, in the foreign language, or in the specialized periodical.

Publication of citation is determined and processed as follows:

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PROCEDURE

Preparing the Request for Publication

CSW Responsible for Providing Notice

1. Follow established procedures to obtain the child's birth certificate.

• If the child's birth certificate is not in the case file, complete a DCFS 280, Technical Assistance Action Request, to request a Vital Statistics printout.

2. Complete these DCFS forms in triplicate with carbon papers between papers: DCFS 4376, Application for Order of Publication of Citation and the DCFS 4378, Order for Publication of Citation.

1. If a parent is named on the child's birth certificate and the parent's whereabouts is unknown, ensure the spelling of the name on both DCFS 4376 and DCFS 4378 is identical to the name to the name on the child's birth certificate.

2. Spell the child's name exactly as they appear on the birth certificate and include any aliases.

3. If the parent has more than one (1) name (i.e., an alias or a.k.a.), ensure that a proper Due Diligence Search was conducted under all known names and enter all known names in the designated space on the DCFS 4376 and DCFS 4378.

• The due diligence must be filed no later than seventy-five (75) days before the hearing date.

4. If the parent's identity is unknown, check the box on the DCFS 4376 next to, "all persons claiming to be mother or father to the minor".

5. When indicating the reason the notice could not otherwise be served, check the box next to "the identity or name of a parent of the minor(s) is unknown or uncertain".

6. Enter the name of the court-designated newspaper in the designated space on the DCFS 4376 and the DCFS 4378.

7. If applicable, enter the name of the specialized newspaper, as well as that of the court-designated local newspaper in the designated space on the DCFS 4376 and DCFS 4378.

3. When submitting the court report recommending the WIC 366.26 hearing, attach DCFS 4376, DCFS 4378 and the Declaration of Due Diligence to the court report.

• When submitting the DCFS 4376 and DCFS 4378 as a walk-on, ensure that DCFS6-1, Miscellaneous Trasmittal, is attached and addressed to the attention of the Publication Clerk at the court.

4. Upon receipt of a signed DCFS 4378 from the court, complete a DCFS 4379, Citation.

• If the DCFS 4378 is returned from the court, immediately correct all identified problems and resubmit the entire application within one (1) business day.

5. Publish in local newspaper:

1. Publish in English language in the Daily Commerce through the Daily Journal Corporation.

2. Prepare documents to submit the Regional Publication Clerk 90 calendar days prior to the 366.266 hearing date.

6. For Spanish language newspaper publication DCFS must publish in English and in Spanish language in Pace News:

1. Publish in English language in the Daily Commerce through the Daily Journal Corporation, and in Spanish language in Pace News through the Daily Journal Corporation.

2. Prepare documents to submit to the Regional Publication Clerk 90 calendar days prior to the 366.26 hearing date

7. For foreign language, out-of-county, and out-of-state, specialized newspaper publication DCFS must publish in English and in the designated foreign language, out-of-county, and out-of-state, specialized newspaper. Submit your request through DCFS Procurement:

• If the Court orders the publication in a foreign language, out-of-county, out-of-state, specialized newspaper, or periodical outside the United States, this specialized publication will be in addition to publishing in English in the Daily Commerce. Attach a coversheet and indicate which specialized newspaper to use for publication. Complete a DCFS 250, Procurement Request, enter the name of the specialized newspaper, as well as that of the court-designated newspaper.

• Get DCFS 250 approved by ARA, RA and DD

• Submit the approved DCFS 250 to the Procurement Section

8. Submit following documents to the Regional Publication Clerk no later than ninety (90) calendar days prior to the WIC 366.26 hearing.

• Minute Order

• A copy of the child's birth certificate, or if the certificate has not been received, the Vital Statistics printout

• DCFS 4378 and DCFS 4379

• DCFS 250 and DCFS 2323, for publication in a foreign language, out-of-county, out-of-state, and specialized publication

9. The Regional Publication Clerk will transmit the forms electronically to the designated newspaper. Upon receipt of the publication text, review it for accuracy within one (1) day of receipt

• If the text is accurate, file a copy in the legal folder

• If the text is inaccurate, immediately notify the SPA/office's Publication Clerk of the inaccuracy and request that the newspaper make the necessary corrections.

10. Upon receipt of the proof of publication, complete the DCFS 4380, Declaration of Service or Inability to Ascertain Address.

1. Submit the original and one(1) copy of the Proof of Publication and the DCFS 4380 to the court with the WIC 366.26 Hearing Report

2. File the second copy in the case legal folder

11. Create a Collateral Notebook, relate it to the parent, and record the name and phone number of any specialized publication utilized.

A Parent is Located While Preparing for Publication

CSW Responsible for Providing Notice

1. When the parent is located in the course of preparing for publication, notice that parent immediately by following the established procedures.

• Ensure that the notice to the parent includes a statement that, at the time of the hearing, the court is required to select a permanent plan of adoption, legal guardianship, or long-term foster care for the child.

• Include the date, time and place of the hearing, their right to appear, their right to counsel, the nature of the proceedings, and recommendations of the supervising agency.

• In the case of an American Indian child, stress the importance that the parent or American Indian custodian and the tribe have a right to intervene at any point in the proceedings.

• The notice must also include a statement that the parent or American Indian custodian and the tribe must, upon request, be granted up to twenty (20) additional days to prepare for the proceedings.

2. On the DCFS 4380, Declaration of Service or Inability to Ascertain Address, indicate that the parent has been located by checking the appropriate box.

Back to Procedure

APPROVALS

ARA Approval

• DCFS 250, Procurement Request

• DCFS 2323, DCFS Request for Legal Advertising

RA Approval

• DCFS 250, Procurement Request

• DCFS 2323, DCFS Request for Legal Advertising

DD Approval

• DCFS 250, Procurement Request

HELPFUL LINKS

Forms

CWS/CMS

DCFS 280, Technical Assistance Action Request

DCFS 4376, Application for Order of Publication of Citation

DCFS 4378, Order for Publication of Citation

DCFS 4379, Citation

DCFS 4380, Declaration of Service or Inability to Ascertain Address

LA Kids

DCFS 6-1, Miscellaneous Transmittal

DCFS 250, Procurement Request

DCFS 280, Technical Assistance Action Request

DCFS 2323, DCFS Request for Legal Advertising

DCFS 4376, Application for Order of Publication of Citation

DCFS 4379, Citation

Referenced Policy Guides

0300-306.05, Noticing Process for Juvenile Court Proceedings

1200-500.10, Vital Records (Birth, Death, Marriage and Divorce)

Statutes

Family Code (FAM) Section 7881 – States the requirements for notice of the WIC 366.26 hearing served on the father or mother of the child, if the place of residence of the father or mother is known to the petitioner by service of a citation, or other parties to be served if the residence is unknown.

FAM Section 7882 – States the requirements to file an affidavit in order that the court may issue an order for publication of a citation.

Welfare and Institutions Code (WIC) Section 8 – States that writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language.

WIC Sections 294 and 366.26 – States the conditions under which publication is mandated.

WIC Section 294(g)(1) – States the conditions under which the court can issue an order dispensing with notice to a parent if the identity of that parent is unknown.

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