0300-503.41 | Revision Date: 6/14/22
This policy guide provides instructions on how to complete a response report when a Welfare and Institutions Code (WIC) 388 petition is filed, including the WIC 388(e) Extended Foster Care (EFC)The Extended Foster Care program allows a foster youth to remain in foster care and continue to receive foster care payment benefits (AFDC-FC payments) and services beyond age 18, as long as the foster youth is meeting participation requirements, living in an approved or licensed facility, and meeting other eligibility requirements. Re-Entry Hearing Report.
TABLE OF CONTENTS
Welfare and Institutions Code (WIC) Section 388
WIC 388 Petitions and Response Reports
WIC 388 Petitions Requesting a Return to Home of Parent/Petitioner
WIC 388 Petitions Involving Kin GAP Legal Guardianship
WIC 388(e) EFC Re-Entry Petition and the Hearing Process
WIC 388(e) EFC Re-Entry Hearing Reports
Completing the Response Report to a WIC 388 Petition
Dependency Investigator (DI)/CSW Responsibilities
Completing a WIC 388(e) EFC Re-Entry Hearing Report
AB 12 CSW Responsibilities
AB 12 SCSW Responsibilities
Referenced Policy Guides
This policy was updated from the 01/05/17 version to add guidance for WIC 388 petitions that request the return of a child home to a parent/petitioner.
The Department, any parent or other person having an interest in a child who is a dependent of the juvenile court or a nonminor dependent (NMD) -- a prior dependent for whom jurisdiction was terminated -- may petition the court to change an existing court order, showing that there has been a change of circumstances or new evidence, and that the requested change is in the best interest of the child/youth. Requested changes may include:
In addition, any party (including the Department, any parent or other person having an interest in a child who is a dependent of the juvenile court, a nonminor dependent, or a prior dependent for whom jurisdiction was terminated), a child who is a dependent of the juvenile court, may petition the court, prior to the six (6)-month or twelve (12)-month review hearings, to terminate court-ordered family reunification services (FR).
In order to request the court to terminate services early, the CSW must show that at least one (1) of the following conditions exists:
A child/youth may also submit a WIC 388 petition through a properly appointed guardian. In all instances, CSWs must consult with either an outstationed or trial County Counsel prior to filing a WIC 388 Petition.
Prior to the hearing on a WIC 388 petition submitted by any party other than DCFS, the court will order DCFS to prepare a response to the requests for the court's consideration. The report must include an evaluation of the request based on the facts surrounding the case and information presented on the petition. The response may be in agreement or in opposition to the requested change, depending on the case-by-case analysis.
The WIC 388 Response Report is used in any case where a change in court order is made, such as:
In cases where legal guardianship was previously granted and a petition is filed to reinstate jurisdiction, the report must address:
*This includes cases that are in the process of terminating parental rights.
|AB 12 CSW||
If the request is to terminate the legal guardianship to return a child(ren) home of parent, the CSW must assess the safety and best interest of the child(ren) and consider reunification with the parent(s) if all of the following conditions are met:
Before making a recommendation to return children to the home of a parent/petitioner:
Federal Financial Participation (FFP) for Kin-GAP payments continue after the filing of a WIC 388 petition, unless the Juvenile Court, after holding and concluding a hearing on the petition, orders any of the following:
When a WIC 388 petition is filed on a Kin-GAP case and the court orders any of the above, the case may become ineligible for Title IV-E Federal AFDC-FC benefits. If the child is found to be ineligible for AFDC-FC benefits, the relative legal guardian must be referred to CalWORKS. This includes, but is not limited to, situations where the court reinstates jurisdiction following a WIC 388 petition due to:
For a Kin-GAP guardian filing a WIC 388 to adopt, CalWORKS will be the source of funding for the case until the Adoption Assistance Payments (AAP) can be initiated following the adoptive placement. In order to maintain Kin-GAP funding until AAP funding starts, DCFS should recommend to the court that the WIC 388 not be granted until DCFS is ready to complete the adoptive placement.
The court report must address the following :
Youth who meet the EFC Re-Entry Eligibility Requirements, may petition the court to reinstate dependency and participate in the DCFS Extended Foster Care (EFC).
When the youth signs the SOC 163, Voluntary Re-Entry Agreement for Extended Foster Care, DCFS has fifteen (15) judicial days within which to file a WIC 388(e) EFC Re-Entry Petition on the youth's behalf. If the youth prefers not to wait for DCFS to file the petition, the youth may also file the WIC 388(e) EFC Re-Entry petition on their own within fifteen (15) judicial days after signing the SOC 163.
The court is required to notify DCFS when a youth files a Re-Entry Petition. The court must provide DCFS with the youth's contact information and notify DCFS if there will be a hearing for which DCFS will be responsible for submitting a report to the court. The Guidelines for Edelman Children's Court Clerk When a Re-Entry Youth Requests to File a Re-Entry Petition, a sample timeline for processing the re-entry, and Code Table Values for Extended Foster Care Re-Entry Documentation are attached.
When the court reviews the WIC 388(e) EFC Re-Entry Petition and determines that a prima facie showing has been made, a court date will be set. The court will order DCFS to prepare a WIC 388(e) EFC Re-Entry Hearing Report. The hearing will be within fifteen (15) court days from the date the WIC 388(e) EFC Re-Entry Petition was filed with the court.
Action by Responsible Parties
DCFS must file 388(e) Petition
If the youth resides in another county and files the petition in that jurisdiction, the court in the county of residence must forward the petition to the court with original dependency jurisdiction
Dependency Court must set a court hearing date
DCFS must prepare and submit a 388(e) report to the court for the hearing
DCFS must submit a new TILP to the court
The WIC 388(e) EFC Re-Entry Hearing Report and all supporting documentation must be filed with the court at least two (2) court days before the hearing. Copies of the report must be provided to the Re-Entry Youth and the youth's court appointed attorney. The report must address the following California Rules of Court Requirements:
If the court determines that the report and other documentation submitted by the CSW do not provide the required information and the court is unable to make the findings and orders required by the California Rules of Court, the hearing must be continued for no more than five (5) court days for DCFS or the Re-Entry Youth to submit additional information as ordered by the court. DCFS will have sixty (60) days to submit a new Transitional Independent Living Plan & Agreement (TILP) to the court once jurisdiction is reinstated.
Back to Policy
Dependency Investigator (DI)/Case Carrying CSW Responsibilities
DI/Case-Carrying SCSW Responsibilities
Back to Procedure
AB 12 CSW Responsibilities
AB 12 SCSW Responsibilities
Back to Procedure
CWS/CMS Release 6.6 Code Table Values for Extended Foster Care Re-Entry Documentation
Guidelines for Court Clerk When Re-Entry Youth Requests to File Re-Entry Petition
Sample Interim Review Report (revised)
Sample Interim Review Report for Redetermination of NMD Federal Eligibility (AB 640)
State of California Sample Timeline for Processing Re-Entry Case
Three (3) Houses Tool
Interim Review Report
Notice of Hearing on Petition, LA County version
Transitional Independent Living Plan & Agreement (TILP)
DCFS 6075, Child and Family Team Coaching Guide
JV-180, Request to Change Court Order
SOC 163, Voluntary Re-Entry Agreement for Extended Foster Care
0080-505.10, Child/Nonminor Dependent Development: Transitional Independent Living Planning
0100-535.25, Extended Foster Care (EFC) Program
0100-535.65, Extended Foster Care: Re-Entry of Nonminor Former Dependents
0300-301.05, Filing Petitions
0300-306.05, Noticing Process for Juvenile Court Proceedings
0300-306.75, Due Diligence
0300-503.20, Writing the WIC 366.26 Hearing Report
0300-503.27, Reinstatement of Parental Rights
0300-503.99, Change of Permanent Plan from Legal Guardianship to Adoption
1000-501.30, Dependency Investigation (DI) Assignment Criteria
All County Letter (ACL) 11-15 (January 31, 2011) - Provides information on the Kinship Guardianship Assistance Payment (Kin-GAP) Program requirements.
ACL 11-64 (October 18, 2011) - Reviews Title IV-E Foster Care eligibility to ensure statewide compliance with federal requirements.
ACL 14-28 (March 25, 2014) – Expansion of the definition of relative for the federal Kinship Guardianship Assistance Payment (Kin-GAP) program.
Welfare and Institutions Code (WIC) Section 349 (d) states that if the minor is 10 years of age or older and they are not present at the hearing, the court shall determine whether the minor was properly notified of their right to attend the hearing and inquire whether the minor was given an opportunity to attend.
WIC Section 361.5(b) Directs that under specific conditions a 388 must be filed to terminate FR services prior to a hearing set pursuant to 366.21(e) or a hearing set pursuant to 366.21(f).
WIC Section 361.5(e)(1) Directs that the court shall order reasonable services to a parent or guardian who is incarcerated, institutionalized, or detained by Homeland Security, or who has been deported to the parent’s or guardian’s country of origin unless the court determines that those services would be detrimental to the child. The statute enumerates several factors the court shall consider.
WIC 366.26(i)(3) states in part that a child who has not been adopted after the passage of at least three (3) years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by Section 388.
WIC Section 366.3(b): The court retains jurisdiction over a guardianship granted pursuant to WIC 360 or 366.26 even when dependency jurisdiction is terminated. If there are safety concerns or the guardianship must be modified or terminated, this section discusses some actions juvenile courts shall take and what may be required of the Department.
WIC Section 388 (a): Any parent or other person having an interest in a child who is a dependent child of the juvenile court or an NMD (including the child or NMD) may petition the court for a hearing to change, modify, or set aside any order of court previously made.
WIC Section 388 (b): Any person, including a dependent child or NMD, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child for the purpose of visitation, placement, involvement with the case plan or other request that may be in the best interest of the child.
WIC Section 388 (c)(1): Any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the hearing set pursuant to 366.21(e) or 366.21(f) to terminate court-ordered FR services under very specific circumstances.
WIC Section 388 (c)(2): In determining whether the parent or guardian has failed to visit the child, participate regularly or make progress in the treatment plan, the court will consider factors such as the parent or guardian's incarceration, institutionalization, or participation in a residential substance abuse treatment program.
WIC Section 388 (c)(3): The court shall terminate reunification services during the specified time periods only upon a finding by a preponderance of evidence that reasonable services have been offered or provided, and upon a finding of clear and convincing evidence that one of the conditions in 388(c)(1)(A) or (B) exists.
WIC Section 388 (c)(4): Any party, including the NMD, may petition the court to terminate FR services prior to the hearing set pursuant to 366.31(d).
WIC Section 388 (c)(5): If the court terminates reunification services, it shall order that a hearing pursuant to Section 366.26 be held within 120 days.
WIC Section 388 (d): If it appears that the best interests of the child may be promoted by the proposed change of order, recognition of a sibling relationship, or termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the required persons and by the means prescribed.
WIC Section 388 (e): Discusses the ability of youth who turned 18 while under an order of foster care to reenter dependency jurisdiction prior to their 21st birthday.
WIC Section 388 (e)(4): Prior to the hearing on a petition to resume dependency jurisdiction or to assume or resume transition jurisdiction, the court shall order the county child welfare, probation department or Indian tribe that has entered into an agreement to prepare a report for the court addressing whether the nonminor intends to satisfy at least one of the criteria for placement, placement options for the nonminor, and background checks.
California Rule of Court 5.906: Request by a nonminor for the juvenile court to resume jurisdiction.
California Rules of Court 5.906(h): Requirements for contents of WIC 388(e) hearing report.
California Rules of Court 5.906(i): Requirements for WIC 388(e) hearing findings and orders.
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