Writing the WIC 366.31 Status Review Hearing Report for Nonminor Dependents

0300-503.17 | Revision Date: 07/27/17

Overview

This policy guide provides information and instructions on completing the WIC Section 366.31 Status Review Hearing Report for Nonminor Dependents (NMDs).

TABLE OF CONTENTS

Policy

Welfare and Institution Code (WIC) Section 366.31 Status Review Hearings

Review Hearing for NMD

Review Hearing for NMD Living in the Family Home

NMD Adoption Hearing

Procedure

Writing the WIC 366.31 NMD Status Review Hearing Report

CSW Responsibilities

SCSW Responsibilities

ARA Responsibilities

Writing the WIC 366.31(f) NMD Adoption Report

CSW Responsibilities

APRD CSW Responsibilities

APRD SCSW Responsibilities

Approvals

Helpful Links

Attachments

Forms

Referenced Policy Guides

Statutes

Version Summary

This policy guide was updated from the 04/02/15 version based on ACL 15-100, addressing changes to WIC 366.3(e)(9)(D) which now requires additional information addressing sibling visitation to be documented in court reports. In addition, changes based on ACL 16-28 have been makde to include Another Planned Permanent Living Arrangement (APPLA) as a permanency option for youth 16 years of age or older and nonminor dependents. Refer to the sample WIC 366.31 Status Review Hearing Reportfor detailed information.

POLICY

Welfare and Institutions Code (WIC) Section 366.31 Status Review Hearing

A Welfare and Institution Code (WIC) Section 366.31 Status Review hearing is held every six (6) months for nonminor dependents (NMDs) who participate in Extended Foster Care (EFC). Once a youth is in a permanent plan and is identified as a NMD, parents are not required to be noticed for the status review hearing. However, if the NMD is in reunification with parent(s), notice must still be provided.

Review Hearing

A status review hearing report for a NMD must include the following:

• Whether the NMD plans to remain in foster care

• If so, the report must include a description as to how the NMD plans to meet one (1) or more of the EFC participation conditions.

• The NMD's progress towards emancipation

• The NMD's current placement and the appropriateness of the NMD's placement, including a Supervised Independent Living Placement (SILP).

• The NMDccs EFC participation and the assistance provided to the NMD in meeting one (1) or more of the EFC participation conditions.

• NMD's participation and progress in the Transitional Independent Living Plan (TILP), including a back-up plan for the NMD, as applicable

• Goals and services addressed in the NMDs TILP

• Efforts made by the CSW to complete items described under WIC 391(e)(2)

• Efforts made by the NMD to achieve and maintain permanent connections with caring and committed adults

• Efforts made by the CSW to facilitate contact between the NMD and dependent siblings

• The court may order APPLA for youth age 16 or older and nonminor dependents, if appropriate. In cases where APPLA has been ordered, DCFS is to continue intensive and ongoing efforts to return the youth to the home of the parent, place the youth for adoption or tribal customary adoption, establish a legal guardianship or place the youth dependent with a fit and willing relative.

• Efforts must include the use of technology, including social media, to find biological or other family members of the child.

• If APPLA continues to be the recommendation, the CSW must provide the court with the following information:

• A description of the intensive and ongoing efforts to return the youth to the home of the parent, place the youth for adoption, tribal customary adoption, or establish a legal guardianship.

• The steps taken to ensure the youth's care provider is following the reasonable and prudent parent standard; and the steps taken to ascertain whether the youth has regular opportunities to engage in age or developmentally appropriate activities, including consulting with the youth regarding his/her desires and opportunities to participate in various activities.

Review Hearing for the NMD Living in the Family Home

A status review hearing report for a NMD who is living in the family home with a parent or guardian must include the following:

• Whether the parent or guardian and the NMD were actively involved in the development of the case plan

• Description of services offered to the family

• Whether there is a continuing need for court supervision

• Progress of providing information and documents to the NMD as described under WIC 391(e)(2)

NMD Adoption Hearing

The court report is based on the assessment described per WIC 366.31(f)(5) in Attachment A. The court report must also have the following completed documents attached:

• Copy of the Nonminor Dependent Mutual Disclosure Agreement Form (AD 513NMD)

• Copy of the Adoption Assistance Program Agreement (AD 4320)

• Court Report of Adoption (VS44)

• Original AD4333 (Acknowledgment)

• Fee Waiver

• Judicial Council form Consent of Spouse or Registered Domestic PartnerFamily Code Section 297 defines domestic partners as two adults who have chosen to share one another’s lives in an intimate and committed relationship of mutual caring. to Adoption of Nonminor Dependent (JV-477) (if applicable)

The following documents are prepared and submitted by the Adoption Attorney:

• Judicial Council form Agreement of Adoption of Nonminor Dependent (JV-475)

• Judicial Council form Order of Adoption of NMD (JV-479)

• Family Law Case Cover Sheet

• Memorandum for Setting for Hearing

The court report and the attachments are submitted to the adoption attorney who then files their petitions with the adoption filing clerk window at Children's Court.

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PROCEDURE

Writing the NMD WIC 366.31 Status Review Hearing Report

CSW Responsibilities

1. Review the online case record to ensure that all identifying information (i.e., names, addresses, attorneys and other information) are recorded and current.

• Refer to the Family Background # 1, 2, and 3 forms, as needed.

2. Complete the Transitional Independent Living Case Plan (TILCP) for nonminor dependents (NMDs), which is also referred to as the Case Plan Update.

3. Ensure that a Transitional Independent Living Plan (TILP) has been completed within the past six months and updated every six months. Include which of the 11403(b) requirements the NMD is meeting and a backup plan.

4. Generate the Status Review Hearing Report.

1. Complete all the appropriate fields as reflected on the attached Sample WIC 366.31 Status Review Hearing Report.

2. If needed, manually enter any information not populated by CWS/CMS.

5. Print, sign, and date the hard copies for the report and Case Plan Update.

6. Submit the report and any attachments for SCSW approval.

• If the report is not approved, take necessary corrective action.

7. Request online approval from the SCSW for the WIC 366.31Status Review Hearing Report and the Case Plan Update.

8. Submit the hard copy of the Status Review report and all supporting documents to the SCSW for approval.

1. If the report is not approved, take necessary corrective action.

2. When report is approved, route the report and all attachments to DCFS support staff for final preparation and delivery to court.

3. The report is to be provided to court, counsel, and all parties 10 days prior to the hearing.

SCSW Responsibilities

1. Review the WIC 366.31 Status Review Hearing Report and any supporting documents.

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

2. If approved and if the report does not require higher level signature, sign and approve online.

3. If approved and the report requires ARA approval, forward the report and any supporting documents to the ARA.

2. Upon receipt of the signed report, approve the report online.

3. Return the packet to the CSW.

ARA Responsibilities

ARA approval is required for the following situations:

• Requesting a continuance for the hearing

• Recommending a continued jurisdiction for a youth age eighteen (18) or older who does not appear to meet EFC participation criteria

• Placement situations that require higher level approval (e.g. placement capacity)

1. Review the WIC 366.31 Status Review Hearing Report and any supporting documents.

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

2. If approved, sign and return the packet to the SCSW.

2. Upon receipt of the signed report, return the packet to the SCSW.

Writing the WIC 366.31(f) NMD Adoption Report

CSW Responsibilities

1. Contact the Adoption Permanency Resource (APRD) unit in service area when NMD or potential adoptive parent expresses interest in adoption.

2. Upon receipt of the completed NMD assessment from the APRD CSW, recommend the court set a WIC 366.31(f) Adoption hearing at the next court hearing.

3. Coordinate with the APRD CSW to describe how and why the conclusion was reached in the 366.31(f) report.

APRD CSW Responsibilities

1. Complete the Concurrent Planning AssessmentAn assessment document as prescribed in Welfare and Institutions Code Sections 366.21(I), 366.22(b) and 361.5(g). The CPA is initiated by the case carrying Children's Social Worker and completed by the APRD CSW when adoption home study for attached children or matching/recruitment activities for unattached children are initiated. (CPA).

2. Complete the AD 512 NMD and AD 513 NMD.

3. Complete the NMD assessment using requirements from Attachment A.

4. Once the WIC 366.31(f) hearing is set, send notices of hearing via 1st class mail with the proof of service to the parties involved and their counsel.

5. Prepare the AD4320 and VS44.

6. Obtain the original AD 4333 (Acknowledgment).

7. Request that the Adoption Assistant create a Fee Waiver.

8. Submit the 366.31(f) report with the required attachments to the adoption attorney.

APRD SCSW Responsibilities

1. Review the NMD assessment and 366.31 report.

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

2. If approved, sign.

APPROVALS

SCSW Approval

• Court Report

• Case Plan Update

ARA Approval

• Court Report, if applicable

• Case Plan Update, if applicable

HELPFUL LINKS

Attachments

Sample WIC 366.31 Status Review Hearing Report

Attachment A

Forms

LA Kids

Family Background #1, ERFamily Background #2, DIFamily Background #3, Medical and Social History Information about the Birth Mother/Father (Spanish)

JV-290, Caregiver Information Form w/Cover letter (Spanish)

JV-365, Termination of Dependency Jurisdiction – Child Attaining Age of Majority

SOC 161, Six-Month Certification of Extended Foster Care Participation

CWS/CMS

Case Plan Update

JV-281, Notice of Hearing – Nonminor

JV-282, Proof of Service - Nonminor

JV-290, Caregiver Information Form

JV-365, Termination of Juvenile Court Jurisdiction - Nonminor

JV-464, How to Ask to Return to Juvenile Court Jurisdiction and Foster Care

Referenced Policy Guides

0080-502.10, Case Plans

0080-504.11, Court Report Requirements for Children/Youth in Group Homes

0080-505.10, Youth Development: Transitional Independent Living Planning

0080-505.20, Health and Education Passport (HEP)A document that is generated on CWS/CMS that contains a summary of a child's health and education information. The caregiver keeps a current copy of the Passport, along with the health and education forms in a binder provided by DCFS. This binder shall follow the child to all placements. The Passport shall accompany the child to all medical, dental and educational appointments. The Passport binder in its entirety is given to the child upon emancipation.

0100-510.10, Placement Capacity

0100-535.25, 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. Program

0100-560.40, Supervised Independent Living Placement (SILP)SILP is a supervised and approved placement that is part of the Extended Foster Care program. SILP is a flexible and the least restrictive placement setting. It can include: an apartment (alone or with roommates); shared living situations; room and board arrangements; room rented from a landlord, friend or relative, or former caregiver; or college dorms.

0300-306.05, Noticing Process for Juvenile Court Proceedings

0300-306.80, Transportation Requests to Bring Children/Youth to Court

0300-308.07, Time Frames for Submission of Court Reports

0300-503.15, Writing a Status Review Hearing Report for a WIC Section 364, 366.21(e) or (f), 366.22, or 366.25 Hearing

0300-508.30, Identifying and Notifying the Court of Recurring Efforts to Locate Relatives and Nonrelative Extended Family Members (NREFMs)

0700-500.10, Education of DCFS-Supervised Children

0700-507.10, Appointment of an Educational Representative, Educational Surrogate Parent, or Developmental ServicesServices provided by the Regional Centers, which include diagnostic evaluation, coordination or resources such as education, health, welfare, rehabilitation and recreation for persons with developmental disabilities. Additional services include program planning, admission to and discharge from state hospitals, court-ordered evaluations and consultation to other agencies. Decision-Maker

0900-523.10, Social Security(SS)/Supplemental Security Income (SSISupplemental Security Income. This program pays monthly benefits to blind or disabled children/youth who have limited income and resources. It is administered by Social Security.) Benefits for Children in Care

1200-500.05, Adopting and Serving Children under the Indian Child Welfare Act (ICWA)

Statutes

All County Letter (ACL) 16-28 - Another Planned Permanent Living Arrangment (APPLA)

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California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Division 31, Chapters 515-520 – States the provisions for the Indian Child

Welfare Act (ICWA).

Welfare and Institutions Code (WIC) Section 224 – States in part that California has an interest in protecting Indian children who are members of, or are eligible for membership in an Indian tribe. The state is committed to protecting the essential tribal relations and best interest of an Indian child by promoting practices, in accordance with the ICWA and other applicable law.

WIC Section 295 – States who is required to receive notice of review hearings held pursuant to Sections 366.3 and 366.31 and for termination of jurisdiction hearings.

WIC Section 358.1 - Sets forth detailed requirements on the issue of sibling relationship which must be addressed in the social worker's social study or evaluation and must be received in evidence and considered before the court can render a disposition decision, and it must be updated and reviewed at subsequent review hearings.

WIC Section 366.24 – Discusses tribal customary adoptions and “Indian Child” also includes a nonminor dependent as described in subdivision (v) of Section 11400, unless the nonminor dependent has elected not to be considered an Indian child pursuant to subdivision (b) of Section 224.1.

WIC Section 366.3 – States that the court may order a permanent plan of adoption for a nonminor dependent and how to proceed with any permanent plan for a child.

WIC 366.3(e)(9)(D) - Sets forth detailed requirements on the issue of sibling relationship which must be addressed, updated and reviewed at status review hearings.

WIC Sections 366.31 – Sets forth regulations with respect to a nonminor dependent and the appropriateness of maintaining jurisdiction; the report required for this hearing must address the current status of the case, services provided, youth participation and the recommendation to retain or terminate jurisdiction based on the best interest of the youth.

WIC Section 391 – States that at any hearing to terminate jurisdiction over a dependent child who has reached the age of majority the county welfare department shall; ensure that the child is present in court, unless the child does not wish to appear in court, or document efforts by the county welfare department to locate the child when the child is not available; submit a report verifying that information, documents, and services have been provided to the child.

WIC Section 11400(v) – States that nonminor dependent means a youth who turned eighteen (18) years of age on or after January 1, 2012 and is a foster child as described in USC 42, Sec. 675(8)(B) who is a current or former dependent child or ward of the juvenile court who has satisfied the following criteria: a) is completing high school or equivalent program (GED); or b) is enrolled in college, community college or a vocational education program; or c) is participating in a program to remove barriers to employment; or d) is employed at least eighty (80) hours a month; or e) is unable to do one of the above requirements because of a medical condition.

WIC Section 11401(e) – States that aid in the form of AFDCFC shall be provided under this chapter on behalf of any child under 18 years of age, and, on and after January 1, 2012, to any nonminor dependent.

WIC Section 11403 – Contains the provisions related to nonminor dependency.

WIC Section 16501.1(c) – Sets forth placement considerations for NMDs including requirements for a group home placement.

WIC Section 16501.1(d) – States in pertinent part that case plan shall be updated, as the services needs of the child and family dictates at a minimum in conjunction with each status review hearing.

WIC Section 16501.1(f) (16) (A) – Sets forth case plan requirements for a child who is 16 years of age or older and, commencing January 1, 2012, for a nonminor dependent. The case plan must include the transitional independent living plan (TILP)

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