Parents who reside out-of-county in California may be personally served by a party other than the CSW. In most counties, the sheriff's department or the county marshal performs this service. Private process servers may be utilized in those counties that do not provide this service. Usually, there is a fee for the service. If the sheriff's office in the county where the parent resides does not offer personal service, the sheriff's office will usually provide a list of registered process servers in the county. A statewide roster of sheriff's departments is attached. Refer to the California Sheriff's Department and County Marshal's Offices. Process servers can also be identified on LA Kids or online at www.iprocessservers.com.

Out-of-County Personal Service is required for:

Jurisdiction/Disposition Hearings

The court may order that any parent not present at the detention hearing be personally served with notice for the Disposition/Jurisdiction hearing.

WIC 366.26, Selection and Implementation of a Permanent Plan Hearings

Any parent not present at the proceeding where the hearing to select a permanent plant is scheduled and the recommendation is termination of parental rights (TPR) and adoption must be personally served, provided the parent resides in California.

When recommending TPR and adoption, notices can only be submitted if there are more than sixty-five (65) days before the WIC 366.26 hearing date. An exception can be granted under the following circumstances:

Parent is found via a Due Diligence search after the standard time frame, or Court order issued for a continued 366.26 hearing.

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PROCEDURE

Personal Service to a Parent Residing Out-of-County

CSW/DI Responsibilities

Generate the notice and Proof of Service in the Court Notebook.

Contact the sheriff's department or marshal's office in the parent's county of residence.

Ask if the agency will provide personal service of the notice.

If yes, inquire as to the fee charged and verify the agency's mailing address.

If no, inquire as to the names and phone numbers of local private process servers. If this information is not provided, identify local process servers on the Internet.

Contact the local private process servers.

Ask the name of the agent who will provide personal service and amount charged for the service.

Complete the Request for Sheriff's Services form and fax it to Finance at (213) 427-6197.

If the check is to be made out to a private process server or County Marshal, note on the "Justify Need for Sheriff's Fee" lines on the form that the local sheriff does not provide this service.

Pick up check at DCFS Headquarters, Finance Division.

Mail the original Request for Sheriff's Services form, two (2) copies each of the notice and Proof of Service along with the check issued by DCFS to the agent providing service of notice.

Place copies of each document and the check in the legal folder.

Attach a copy of the notice and the signed Proof of Service, if received, to the appropriate court report.

Attach the documentation of the server's efforts to complete service if no Proof of Service is returned.

If neither the Proof of Service nor the documentation of efforts is received, attach copies of the Request for Sheriff's Services form and the check made out to the process server to the court report.

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Personal Service to an Incarcerated Parent in an Out-of-State Correctional Facility

CSW/DI Responsibilities

Generate the notice and Proof of Service in the Hearing Notebook.

Call the institution where the parent is incarcerated to obtain the name and phone number of the inmate's counselor.

Call the counselor and ask them to:

Personally serve the notice to the inmate

Fax the signed Proof of Service to the CSW

Mail the original Proof of Service signed by the recipient to the CSW.

Fax the notice and Proof of Service to the counselor.

If the counselor is unwilling or unable to perform this service, call the prison warden's office to request assistance.

Attach a copy of the notice and the original signed Proof of Service to the appropriate court report.

If attempts to personally serve the parent were not successful, attach the notice to the court report and document the attempts made to serve the notice.

Complete the JV-450 for the incarcerated parent(s) well in advance of the scheduled hearing date.

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Personal Service to a Parent in an Out-of-County State Hospital

CSW/DI Responsibilities

Generate the notice and Proof of Service in the Hearing Notebook.

Call the hospital's legal liaison and determine the hospital's procedure.

Record the name and contact information of the person who will execute the personal service.

Mail, e-mail or fax the notice and Proof of Service with an explanatory cover letter to the person who will execute the personal service.

Retain a copy of the cover letter in the case file.

If Proof of Service is returned, attach a copy of the notice and the original signed Proof of Service to the appropriate court report.

If Proof of Service is not returned, attach a copy of the notice and explanatory cover letter to the court report.

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Personal Service to a Parent Stationed at an Out-of-County Military Installation

CSW/DI Responsibilities

Generate the notice and Proof of Service in the Hearing Notebook.

Contact the base's legal office and determine the base's procedure.

Record the name and contact information of the person who will execute the personal service.

Mail, e-mail or fax the notice and Proof of Service with an explanatory cover letter to the person who will execute the personal service.

Retain a copy of the cover letter in the case file.

If Proof of Service is returned, attach a copy of the notice and the original signed Proof of Service to the appropriate court report.

If Proof of Service is not returned, attach a copy of the notice and explanatory cover letter to the court report.

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APPROVALS

None

HELPFUL LINKS

Attachments

California Sheriff's Department and County Marshal's Offices

Forms

LA Kids

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

Request for Sheriff's Services

Referenced Policy Guides

0080-506.15, Selecting and/or Arranging for Appropriate Services for Incarcerated, InstitutionalizedA person is considered institutionalized when (s)he has been residing in a hospital, jail, prison, homeless shelter, residential school, rehabilitation center, halfway house, out-of-home care facility, etc., for more than 90 calendar days. This does not include battered women's shelters., Detained or Deported Parents

0300-306.05, Noticing Process for Juvenile Court Proceedings

0300-306.45, Removal Orders

0300-306.75, Due Diligence

Statutes

Penal Code 2625 – States that prisoner have a right to appear in court for termination of parental rights, dependency proceedings, or other actions affecting parental or marital rights.

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