0300-503.16 | Revision Date: 06/15/18
This policy guide instructs staff on how to thoroughly complete the WIC 366.3 Status Review Hearing report for "minor dependents".
TABLE OF CONTENTS
WIC 366.3 Status Review
Writing the WIC 366.3 Status Review Hearing
RA/Division Chief Responsibilities
Writing the Status Review Hearing in the Six (6) Months Prior to the Youth Reaching Eighteen (18) Years of Age
Referenced Policy Guides
This policy guide was updated from the 07/27/17 version to reflect changes in upper Management approval requirements for certain permanent plan recommendations per FYI 17-39.
When the Juvenile Court orders a permanent plan of adoption, legal guardianship, placement with a fit and willing relative, or Another Planned Permanent Living Arrangement (APPLA), a child/youth’s status must be reviewed every six (6) months until the court terminates jurisdiction.
For children under 16 years of age, federal and state law eliminate APPLA as an allowable permanency option. The Court must order a permanent plan of return home, adoption, tribal customary adoption, legal guardianship or placement with a fit and willing relative, as appropriate for any child under the age of 16 who remains in foster care placement after reunification services are terminated. CSWs must provide the court with documentation of any barriers to achieving the permanent plan and the efforts made to address those barriers. If a child under the age of 16 currently has a permanent plan other than return home, adoption, tribal customary adoption, legal guardianship or placement with a fit and willing relative, DCFS must choose a permanency plan other than APPLA at the next permanency hearing.
During each six (6) month review period, CSWs must take into consideration that:
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RA/Division Chief Responsibilities
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Court Requirements for Youth Prior to Reaching 18 Years of Age
Sample Status Review Report
Situations Requiring ARA Approval on the WIC 366.3 Status Review Hearing Report
Approval Required for Legal Permanent Plans for Children
JV-464-INFO, How to Ask to Return to Juvenile Court Jurisdiction and Foster Care
JV-505, Statement Regarding Paternity (Juvenile Dependency)
Family Background #1
Family Background #2, DI
Family Background #3, Medical and Social History Information about the Birth Mother/Father
JV-290, Caregiver Information Form w/Cover letter
JV-365, Termination of Dependency Jurisdiction--Child Attaining Age of Majority
SOC 161, Six-Month Certification of Extended Foster Care Participation
SOC 815, Approval of Family Caregiver Home
SOC 817, Checklist of Health and Safety Standards for Approval of Family Caregiver Home
SOC 818, Relative or Nonrelative Extended Family Member Caregiver Assessment
0080-502.10, Case Plans
0080-502.25, Family Maintenance Services for Court and Voluntary Cases
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.
0080-507.20, Concurrent Planning and the Concurrent Planning Assessment (CPA)
0300-308.07, Time Frames for Submission of Court Reports
0300-503.21, Termination of Parental Rights (TPR)When a child is declared free from the care custody and control of his or her birth parents by court action. Activities
0300-503.27, Reinstatement of Parental Rights
0300-508.30, Identifying and Notifying the Court of Recurring Efforts to Locate Relatives and Nonrelative Extended Family Members (NREFMs)
1200-500.05, Adopting and Serving Children Under the Indian Child Welfare Act (ICWA)
All County Information Notice (ACIN) No. I-40-11 – Program Information Regarding Assembly Bill (AB) 12 and the Extension of foster Care to Age 20.
All County Letter (ACL)No. 11-69 – Extension of Foster Care Beyond Age 18: Part One.
ACL 16-28 - Another Planned Permanent Living Arrangement (APPLA)
California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Division 31, Sections 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. States that California is committed to protecting the essential tribal relations and to the best interest of an Indian child by promoting specific practices.
WIC Section 295 – Explains the notice requirements for the WIC 366.3 Status Review Hearing.
WIC Section 349(d) – States, in pertinent part, that if the minor is ten (10) years of age or older and if he/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 – States, in part, that if an educational representative or surrogate is appointed for the child, the representative or surrogate shall meet with the child, investigate the child’s educational needs and whether those needs are being met, and, prior to each review hearing held under this article, provide information and recommendations concerning the child’s educational needs to the child’s social worker.
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 361.5 – States, in pertinent part, that in determining whether court-ordered services may be extended, the court will consider the special circumstances of an incarcerated or institutionalized parent or parents, or parent or parents court-ordered to a residential substance abuse treatment program, including, but not limited to, barriers to the parent's or guardian's access to services and ability to maintain contact with his/ her child.
WIC Section 361.5 (g)(2)(A), 366.21(i)(2)(A) and 366.22(b)(2)(A) – State, in pertinent part, that a relative caregiver's preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement.
WIC Section 361.5(g)(F)(2)(B) – States, in pertinent part, that a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption.
WIC Section 366.21(e) and .21(f) – States in part that if the child is not returned to his/ her parent/legal guardian, the court shall consider, and state for the record, in-state and out-of-state options for permanent placement. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child.
WIC Section 366.24(b) – States that whenever an assessment is ordered pursuant to Section 361.5, 366.21, 366.22, 366.25, or 366.26 for Indian children, the assessment shall address the option of tribal customary adoption.
WIC Section 366.26(c)(4)(C) – States, in part, that if parental right are not terminated and if legal guardianship or long term foster care is recommended, the court shall make an order for visitation with the parents/legal guardians unless the court finds by a preponderance of evidence that the visitation would be detrimental to the physical or emotional well-being of the child.
WIC Section 366.26(i)(2) – States, in pertinent 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(a) – States that the status of the child shall be reviewed every six (6) months to ensure that the adoption or legal guardianship is completed as expeditiously as possible. When the adoption of the child has been granted, the court shall terminate its jurisdiction over the child.
WIC Section 366.3(e) – States, in pertinent part, that at the review held every six (6) months the reviewing body will inquire about the progress being made to provide a permanent home for the child, and will consider the safety of the child, the continuing necessity for and appropriateness of the placement.
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 Section 366.3(f) – States that unless their parental rights have been permanently terminated, the parent(s) of the child are entitled to receive notice of, and to participate in, those hearings. It shall be presumed that continued care is in the best interests of the child, unless the parent(s) prove, by a preponderance of the evidence, that further efforts at reunification are the best alternative for the child.
WIC Section 366.3(l) and (m) – Sets forth the requirements for the status review report for the hearing that occurs in the six (6) month period prior to the minor's attaining eighteen (18) years of age and at every subsequent review hearing. Also states what the court shall ensure at that hearing.
WIC Sections 366.31 – Sets forth regulations with respect to a nonminor dependent including the court’s authority to continue jurisdiction of the nonminor as a dependent of the juvenile court or dismiss dependency jurisdiction pursuant to WIC Section 391 and retain general jurisdiction over the youth pursuant to WIC Section 303.
WIC Section 366.35 – States, in pertinent part, that the implementation and operation of the amendments related to the mandate to report whether a child, who is ten (10) years of age or older and who has been in an out-of-home placement for six (6) months or longer, has relationships with individuals other than the child's siblings that are important to the child and consistent with the child's best interests.
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 will 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.
WIC Section 11401(e) – States that aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under eighteen (18) years of age, and, on and after January 1, 2012, to any nonminor dependent.
WIC Section 16002(e) – States in, pertinent part, that if parental rights are terminated and the court orders a dependent child to be placed for adoption, the licensed county adoption agency or the California Department of Social Services (CDSS) shall, with exceptions, take steps to facilitate ongoing sibling contact.
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 the 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 sixteen (16) years of age or older and, commencing January 1, 2012, for a nonminor dependent.
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