Back to Top ^

Court Related Issues > Petitions and Referral Stage Issues > WIC 388 Petitions: Response Report

WIC 388 Petitions: Response Reports

0300-503.41 | Revision Date: 01/05/17

Overview

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

Policy

Welfare and Institutions Code (WIC) Section 388

WIC 388 Petitions and Response Reports

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

Procedure

Completing the Response Report to a WIC 388 Petition

DI/CSW Responsibilities

SCSW Responsibilities

Completing a WIC 388(e) EFC Re-Entry Hearing Report

AB 12 CSW Responsibilities

AB 12 SCSW Responsibilities

Approvals

Helpful Links

Attachments

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy was updated from the 07/29/15 version in order to clarify the situations in which either the Primary Case-Carrying CSW or the DI CSW is responsible for the writing of the WIC 388 Response Report.

POLICY

Welfare and Institutions Code Section (WIC) 388

Any parent or other person having an interest in a child who is a dependent of the juvenile court, or a prior dependent for whom jurisdiction was terminated, may petition the court, based on a change of circumstances or new evidence, to:

 

In addition, any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the WIC 366.21 hearing or within six months of the initial disposition hearing, to terminate court-ordered family reunification services (FR).

 

In order to request the court to terminate services early, CSW must show that one of the following conditions exists:

 

A child/youth may also submit a WIC 388 petition through a properly appointed guardian. In addition, CSWs must consult with County Counsel prior to filing a WIC 388 Petition.

WIC 388 Petitions and Response Reports

Prior to the hearing on a WIC 388 petition, the court will order DCFS to prepare a report 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 WIC 388 Response Report is used in the following situations:

 

 

 

 

In cases where legal guardianship was previously granted and a petition is filed to reinstate jurisdiction, the report must address:

 

Responsible Party for Writing the WIC 388 Response Report

Responsible Party

Circumstance

Primary Case-Carrying CSW

  • If the child who is the subject of the WIC 388 petition is part of an open case* assigned to a primary CSW (regardless of file type) and the purpose of the WIC 388 is to:

  • Change a Disposition Case Plan order (i.e., counseling, drug treatment program, drug/alcohol testing, etc.)

  • Modify a visitation order

  • Address a change of residence by a legal guardian

  • Initiate adoption services for a current legal guardian

  • Terminate FR services prior to the 366.21(e) or 366.21(f) review hearing.

 

*This includes cases that are in the process of terminating parental rights.

DI CSW

  • Any closed case wherein a party has filed a WIC 388 petition and the Court has determined that a Response Report is required, even if there is an open case to a sibling.

  • If the child who is the subject of the WIC 388 petition is part of an open case assigned to a primary CSW (regardless of file type) and the purpose of the WIC 388 is to change a case plan goal (e.g., terminate Legal Guardianship, reinstate Family Reunification/Maintenance services)

WIC 388 Petitions Involving a Kin-GAP Legal Guardianship

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.

 

If the request is to terminate the legal guardianship, the CSW must consider reunification with the youth's parent(s) if all of the following conditions are met:

 

The court report must address the following information:

WIC 388(e) EFC Re-Entry Petition and the Hearing Process

Foster 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 his/her own within 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.

WIC 388(e) EFC Re-Entry Hearing Reports

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 15 court days from the date the WIC 388(e) EFC Re-Entry Petition was filed with the court.

 

Time Frames for Court Re-Entry Process Requirements

 

Action by Responsible Parties

Time Frame

DCFS must file 388(e) Petition

  • Within 15 judicial days of the date the SOC 163 is signed

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

  • Within 5 days of submission of the petition to the court.

Dependency Court must set a court hearing date

  • Within 15 judicial days of the date the petition was filed.

DCFS must prepare and submit a 388(e) report to the court for the hearing

  • Up to 10 days after the petition is filed.

DCFS must submit a new TILP to the court

  • 60 days after jurisdiction is reinstated.

 

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 60 days to submit a new TILP to the court once jurisdiction is reinstated.

Back to Policy

PROCEDURE

Completing the Response Report to a WIC 388 Petition

Dependency Investigator (DI)/Case Carrying CSW Responsibilities

  1. Review the on-line case record to ensure that all identifying information (i.e., names, addresses, etc.) is recorded and current.

 

  1. Consult with the Kin-GAP Unit and discuss the guardian's ability to receive Kin-GAP funding if the WIC 388 Petition is granted:

 

  1. Advise the guardian and/or prospective new guardian of the possible impact on funding.

 

  1. If the parents' or legal guardian's whereabouts are unknown, submit a Due Diligence Search Request.

 

  1. Provide notice to the parents (unless their parental rights have been terminated), legal guardians, and children age 10 and older.

 

  1. Create the Interim Review Report at least five (5) days prior to the hearing and complete the report as outlined in the attached sample Interim Report.

 

  1. Submit the Interim Review Report for on-line SCSW approval.

 

  1. Print, sign, and date the hard copy.

 

  1. Submit the hard copy of the court report and any supporting documents to the SCSW for approval.

SCSW Responsibilities

  1. Review the Interim Review Report and any supporting documents.

Back to Procedure

Completing a WIC 388(e) EFC Re-Entry Hearing Report

AB 12 CSW Responsibilities

  1. Generate the Interim Review Report at least five (5) days prior to the hearing and complete all appropriate fields as outlined in the attached sample Interim Review Report.

 

  1. Address all of the California Rules of Court requirements in the report.

 

  1. Submit the Interim Review Report for on-line SCSW approval.

 

  1. Print, sign, and date the hard copy.

 

  1. Submit the hard-copy of the court report and any supporting documents to the SCSW for approval.

 

  1. Upon receipt of the approved report, submit the Interim Review Report and supporting documentation to the Clerical Support staff for final preparation and submission to court.

 

  1. Provide copies of the court report and supporting documentation to the Re-Entry Youth and his/her court appointed attorney at least two (2) court days before the hearing.

 

  1. Keep a copy of the court report and supporting documentation in the DCFS court case file.

 

  1. Upon receipt of the Re-Entry Minute Order reinstating court jurisdiction, provide a copy to the TA/EW and a copy to the Case-Carrying CSW.

AB 12 SCSW Responsibilities

  1. Review the Interim Review Report and supporting documentation.

Back to Procedure

APPROVALS

DI SCSW

AB 12 SCSW

HELPFUL LINKS

Attachments

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

State of California Sample Timeline for Processing Re-Entry Case

Forms

CWS/CMS

Interim Review Report

Notice of Hearing on Petition, LA County version

LA Kids

SOC 163, Voluntary Re-Entry Agreement for Extended Foster Care

Referenced Policy Guides

0100-535.25, Extended Foster Care (EFC) Program

0100-535.65, Extended Foster Care: Re-Entry of Non-Minor 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

0300-503.99, Change of Permanent Plan from Legal Guardianship to Adoption

1000-501.30, Dependency Investigation (DI) Assignment Criteria

Statutes

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 he or she is not present at the hearing, the court shall determine whether the minor was properly notified of his or her right to attend the hearing and inquire whether the minor was given an opportunity to attend.

 

WIC Section 361.5(a) (1) (C) describes the circumstances under which a motion to terminate court-ordered reunification services prior to the judicial review hearing shall be made.

 

WIC Section 361.5(e)(1) states that in determining the content of reasonable services, the court shall consider the particular barriers to an incarcerated or otherwise institutionalized parent's access to court-mandated services and ability to maintain contact with his or her child, and shall document this information in the child's case plan.

 

WIC Section 366.3(b): The court may reinstate jurisdiction over a child whose case was previously terminated and jurisdiction dismissed while under a legal guardianship. In said cases, the court will order the county department of social services or welfare department to prepare a report, for the court's consideration. If it is in the best interests of the child, the court may order that reunification services again be provided to the parent or parents.

 

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 the child him/herself 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 of the juvenile court, 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 366.21 hearing to terminate court-ordered FR services if it appears that a change of circumstance or new evidence exists justifying termination of court-ordered FR services or the action or inaction of the parent or guardian creates a substantial likelihood that reunification will not occur.

 

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 subparagraph (A) or (B) of paragraph (1) exists.

 

WIC Section 388 (c)(4): 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)(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 non-minor intends to satisfy at least one of the criteria for placement, placement options for the non-minor, and background checks.

 

California Rule of Court 5.906: Request by non-minor 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.

Back to Helpful Links