Change of Permanent Plan from Legal Guardianship to Adoption
0300-503.99 | Revision Date: 10/1/2019

Overview

This policy reviews the protocol in situations when a legal guardian decides to pursue adoption.

Table of Contents

Version Summary

This policy guide was updated from the 04/26/11 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan.

POLICY

Maintaining Funding

Per WIC 11363(b) after the termination of dependency jurisdiction, any parent or person having an interest can file a petition with the juvenile court a WIC 388 petition to change, modify, or set aside an order of the court, Kin-GAP payments will continue unless and until the juvenile court, after holding hearing, orders the child removed from the home of the guardian, terminates the guardianship, or maintains dependency jurisdiction after the court concludes the hearing on the petition filed under Section 388.

In order to continue Kin-GAP payments, Revenue Enhancement-Kin-GAP section must be contacted prior to having the case re-opened to prevent or minimize adverse funding consequence.

Case Assignment

The Opening Desk opens an Applicant case (A-case) for the relative and assigns a Resource Family Support and Permanency Division (RFSPD) CSW as secondary on the non-CWD case to avoid interrupting the Kin-GAP funding.  A non-CWD case is open on CWS/CMS primarily for funding purposes.  It is not an active case and therefore, there is no primary CSW assigned.

Initially, staff will work on the non-Child Welfare Department (non-CWD) case to avoid interrupting the Kin-GAP funding.  The non-CWD case must be closed prior to the re-opening of the child's case in the CWD module of CWS/CMS.  In the event that a staff needs to view a closed non-CWD case and has problems doing so, he/she may seek the assistance of the office's County Office Administrator (COA).

For DI and CSW Welfare and Institutions (WIC) 388 Response Report responsibilities, refer to WIC 388 Petitions: Reponse Reports.

PROCEDURE

If a legal guardian contacts the Department, refer them to the RFA Intake line at (888)811-1121.

RFA Intake Responsibilities

  1. Explain to the legal guardian that they need to be approved as a Resource Family.
    1. If the legal guardian resides in Los Angeles County, send them the RFA application and related information.
    2. If the legal guardian resides in an adjacent county, refer to Out-of-County Placements.
    3. If the legal guardian resides in another state, refer to Interstate Compact on the Placement of Children (ICPC).
  2. Complete and upload the DCFS 6087, Resource Family Assessment (RFA) Intake Request form into Binti.
    1. Verify on CWS/CMS that the child was previously a DCFS client and receiving Kin-GAP.

RFA CSW Responsibilities

  1. Schedule a visit with the family within ten (10) calendar days of receiving the applicant case to assess:
    • Current family functioning
    • Any relevant issues and barriers that may affect the RFA, such as criminal and child abuse and neglect history
    • If the applicant has ever applied to adopt in the past
  2. If the plan continues to be adoption, initiate and complete the Concurrent Planning Assessment (CPA).
    1. Request the entire old case file from archives or court, including all previous applicant assessments on the legal guardian, (if applicable).
    2. Make a referral for Resource Family Approval (RFA) by completing the DCFS 6087, Resource Family Assessment Intake Request form within thirty (30) days of having all of the following:
      1. All required vital statistic documents regarding marriage and divorce.
    3. On the DCFS 6087, write "Kin-GAP to Adoption case, assign RFA worker on the non-CWD case". Fax the form to (626) 397-9150.  If not contacted by the RFA section or there is no assigned RFA worker on the case within a week, contact the RFA section to ensure that a RFA worker has been assigned to the case. 
  3. If there are concerns about the approval process, confer with the RFA SCSW.
    1. If circumstances exist that would prevent the family from passing the assessment process, including the RFA assessment:
      • The family may opt to withdraw from the assessment process and have their case closed.
      • Upon receipt of the Notice of Action (NOA):
      • For the denial of the application, or denial of a criminal exemption, the applicant has the right to appeal the decision by submitting a written appeal to the county within ninety (90) calendar days from the date the NOA was received.
      • For rescission of Resource Family Approval or recission of a criminal exemption, the applicant has the right to appeal the decision by submitting a written appeal to the county within twenty-five (25) calendar days from the date the NOA was received, If the notice was sent by mail to the applicant, the time to respond is extended five (5) days.
      • For an order of exclusion, the applicant has the right to appeal the decision by submitting a written appeal to the county within twenty-five (25) calendar days from the date the NOA was received. If the notice was sent by mail to the applicant, the time to respond is extended five (5) days.
  4. When the RFA assessment is approved:
    1. File a WIC 388 petition to reinstate Court jurisdiction by completing the JV 100 and JV 180 forms and submitting them to the Court Liaison via DCFS messenger.
      • The petition must state that the caregiver wishes to adopt the child and has an approved assessment (RFA).

RFSPD SCSW Responsibilities

  1. Review the CPA, RFA written report , and 388 Petition.
    1. If approved, sign the CPA, RFA written report, and 388 petition
    2. If not approved, return to the CSW for corrective action.
  2. Once the CWD case is re-opened by the COA, assign the APRD CSW as secondary.
    • When the non-CWD case is closed, the CSW's assignment on that case is stopped so it is important that all the respective CSWs are re-assigned on the re-opened CWD case.

Juvenile Court Services/Court Room SCSW

  1. When the court has set a hearing to reinstate jurisdiction on a closed Kin-GAP case for the purpose of the child being adopted by the legal guardian and a hearing date has been set to respond to the WIC 388 Petition:
    1. Call the regional DI SCSW where the caregiver resides and notify him or her of the date of the hearing.
    2. Fax a copy of the:
      • Petition
      • The court minute order reinstating jurisdiction and ordering the WIC 388 Petition Response hearing
      • The court minute order where legal guardianship was granted.
  2. Send the hard copy legal packet to the regional DI Assignment Unit.

DI SCSW Responsibilities

  1. Review the legal packet.
    1. If verified on the 388 petition that the applicant and ASFA assessments have been approved, notify the Kin-GAP Eligibility Supervisor (ES) and Eligibility Worker (EW) via e-mail that a DI secondary assignment has been made on the non-CWD case for assignment purposes related to the writing of the Response to the WIC 388 petition.
    2. Notify the Kin-GAP section not to close the non-CWD case until notified to do so after the WIC 388 hearing.
  2. Review the Response to the WIC 388 Petition court report.
    1. If approved, sign the Response to the WIC 388 Petition court report.
    2. If not approved, return to the CSW as necessary for corrective action.
  3. Complete the following after the WIC 388 hearing:

If the Court Does Not Reinstate Dependency Jurisdiction

If the Court Reinstates Dependency Jurisdiction

  • Notify Kin-GAP ES of the court decision and that the DI's secondary assignment will be end dated.
  • Close the DI's segment of the case after CWS/CMS documentation has been completed and the physical case has been prepared to be to Suspense.
  • Send the case to Suspense
  • Proceed with the adoption process
  • Notify the Kin-GAP ES to close the non-CWD case
  • Complete a SAAM's request form to reinstate the state number once an e-mail notification has been received from the Kin-GAP section of the closure of the non-CWD module.
  • Notify the Office's County Office Administrator (COA) to re-open the child's case on CWS/CMS once an e-mail notification has been received from the Kin-GAP section of the closure of the non-CWD module.
  • Assign a DI as both primary and secondary until a case-carrying CSW is assigned by the Transfer Desk (the DI is not responsible for the duties carried out by a case-carrying CSW.
  • After receipt of the signed SAAM's form verifying that the request has been completed and after the COA has re-opened the case, send a completed DCFS 4366 to request that a Regional (case-carrying) CSW be assigned as primary, if applicable, make a note to keep the assigned DI as secondary.
  • Attach the signed SAAM's form and a copy of the legal packet received from Court

DI Responsibilities

  1. Send notice for petition to required parties.
  2. Prepare and complete the report responding to the 388 petition.
    1. Include the information that the Applicant Assessment and ASFA home assessment have been completed and approved.
    2. If parental rights to the child have been terminated, request that a WIC 366.3 hearing be set.  The WIC 366.3 report is completed by the case-carrying CSW.
      • If parental rights to the child have not been terminated, request that a 366.26 be set to terminate parental rights.
  3. Once Court sets the WIC 366.26 or 366.3 hearing, if as the currently assigned DI you are not re-assigned to do the WIC 366.26 report, end the DI assignment on the CWD case per existing procedures.

County Office Administrator (COA) Responsibilities

When re-opening a case, the COA must suspend the period of time that the Non-CWD Kin-GAP case was open. The reason for the suspension period is for outcome measures.

  1. Upon receipt of a request to re-open a CWD case in CWS/CMS, re-open the case.
  2. Suspend the period of time that the Non-CWD Kin-GAP case was open by doing the following:
    1. Click on Reopen Closed Case from the Action menu, the Reopen/Suspend Case window opens up.
    2. Select "Yes" in order to document a suspension.
    3. In the Reason for Suspension drop-down, select "Guardianship Set Aside".
    4. Input the date the Kin-GAP case was started in the Suspension Start Date field.
    5. Input the date the Kin-GAP case was ended in the Suspension End Date field.
    6. Select "Court Involvement" as the Case Status Following the Suspension Period.
    7. In the Case Status Following the Suspension Period drop-down, select "Permanent Placement".
    8. In the Suspension Period Assignment section, indicate:
      1. Select their CWS Office in the CWS Office drop-down.
      2. Select "Suspended Case Unit" in the Unit drop-down.
      3. Select "Kin-GAP" in the Caseload drop-down.
    9. In the Primary Assignment section, make the new primary assignment of the case.

Case-Carrying CSW Responsibilities

  1. Contact the guardian interested in adopting within ten (10) calendar days of receipt of the case to schedule a face-to- face visit.
  2. When it has been confirmed that Kin-GAP payments have been stopped, submit a DCFS 280, Technical Assistance Action Request, to initiate determination of eligibility for AFDC-FC funding effective the date Kin-GAP was stopped.
    • Prior to submission, obtain the SOC 815 from the APRD CSW and attach to the DCFS 280.
  3. Upon assignment, provide Permanent Planning (PP) services to the child, follow procedures to terminate parental rights, and when adoption is finalized, transfer the case.

Regional SCSW Responsibilities

  1. Review the case upon receipt and forward it to the assigned APRD CSW.

Juvenile Court Services/Court Room SCSW

  1. Upon notification that the court has set a hearing to reinstate jurisdiction and a hearing date to respond to the WIC 388 Petition, call the regional DI SCSW where the caregiver resides and notify him or her of the date of the hearing.
    1. Fax a copy of the following:
      1. Petition
      2. Minute order from the court hearing reinstating jurisdiction and ordering the WIC 388 Petition Response court hearing
      3. Minute order from the court hearing where legal guardianship was granted

DI SCSW Responsibilities

  1. Review the legal packet and assign a DI on the non-CWD case.
  2. Complete the following:
    1. Notify the Kin-GAP Eligibility Section (ES) and Eligibility Worker (EW) via e-mail that a DI secondary assignment has been temporarily made on the non-CWD case for assignment purposes related for the writing of the Response to the WIC 388 petition.
    2. Notify the Kin-GAP section not to close the non-CWD case until notified to do so after the WIC 388 hearing.
  3. Contact PRU to initiate opening of an applicant case/assignment of an APRD CSW.
  4. Discuss the case with the assigned DI, and APRD.
    1. Make a determination whether to recommend that the WIC 388 petition be dismissed or jurisdiction be maintained.
  5. Review and approve the Response to the 388 Petition report.
    1. If not, return it to the DI for corrective action.
  6. Complete the following after the WIC 388 hearing when:

If the Court Does Not Reinstate Dependency Jurisdiction

If the Court Reinstates Dependency Jurisdiction

  • Notify Kin-GAP ES of the court decision and that the DI's secondary assignment will be end dated.
  • Close the DI's segment of the case after CWS/CMS documentation has been completed and the physical case has been prepared to be to Suspense.
  • Send the case to Suspense
  • Proceed with the adoption process.
  • Notify the Kin-GAP ES to close the non-CWD case.
  • Complete a SAAM's request form to reinstate the state number once an e-mail notification has been received from the Kin-GAP section of the closure of the non-CWD module.
  • Notify the Office's County Office Administrator (COA) to re-open the child's case on CWS/CMS once an e-mail notification has been received from the Kin-GAP section of the closure of the non-CWD module.
  • Assign a DI as both primary and secondary until a case-carrying CSW is assigned by the Transfer Desk (the DI is not responsible for the duties carried out by a case-carrying CSW.
  • After receipt of the signed SAAM's form verifying that the request has been completed and after the COA has re-opened the case, send a completed DCFS 4366 to request that a Regional (case-carrying) CSW be assigned as primary, if applicable, make a note to keep the assigned DI as secondary.
  • Attach the signed SAAM's form and a copy of the legal packet received from Court.

DI Responsibilities

  1. As soon as possible, make a referral to ASFA.
    1. On the "Additional Information" section of the ASFA Home Assessment Request form, write "Kin-GAP to Adoption case".
      • If there is no assigned ASFA worker on the case or not contacted by ASFA section within a week, contact the ASFA section to ensure that an ASFA worker has been assigned to the case.
  2. Send notice for petition to the required parties.
  3. Discuss with the legal guardian the possible break in funding because, if court will maintain jurisdiction, Kin-GAP payments will be stopped.
    1. Inform the relative guardian that DCFS will review the case and determine foster care eligibility.
      • One of the requirements, in order for the relative caregiver to receive foster care payment, is that his or her home must have been assessed and approved by ASFA within the past twelve (12) months.
    2. Advice the guardian that he/she can apply for CalWORKS funds in the interim but that CalWORKS funds will be less than Kin-GAP payments or Foster Care/Youakim funds.
  4. Inform the relative guardian of the need for a home assessment as one of the federal requirements for the receipt of Foster Care/Youakim funds.
    1. Discuss that DCFS, with his/her consent, can recommend that the Court dismiss the petition so that the ASFA home assessment can first be completed and also to allow time for the applicant assessment to be completed, prior to DCFS re-filing the WIC 388 petition, on behalf of the legal guardian.
    2. Discuss that by following this process, the Kin-Gap funding may continue until the WIC 388 is re-filed at a later time and court subsequently maintains jurisdiction to continue with the adoption process.
    3. Document this discussion in the Contact Notebook.
  5. Prepare and complete the report responding to the 388 petition.
  6. Based on the consultation with DI SCSW and/or information received from the APRD CSW and with the informed consent of the legal guardian and child (if appropriate):
    1. If the decision is to recommend that the Court dismisses the petition to prevent disruption in funding or for any other significant reason(s), state all the supporting facts in the report.
    2. If the main reason to request dismissal of the WIC 388 petition is to prevent adverse funding consequence and/or there are barriers to the completion of the applicant assessment, state that when and if ASFA and/or the applicant assessment is approved, DCFS will re-file, on behalf of the legal guardian, another 388 petition to proceed with the adoption plan.
    3. If Court dismisses the petition end the DI assignment on the case per existing procedures.
  7. If the Court has ruled at the Response to the WIC 388 Petition hearing, to maintain jurisdiction and Court has set the WIC 366.26 or 366.3 hearing, end the DI assignment on the CWD case.

PRU Intake Worker Responsibilities

  1. Follow PRU Intake Worker procedures outlined in Legal Guardian Wants to Adopt.
    • In this case the call comes from the DI SCSW instead of the legal guardian.

APRD CSW Responsibilities

  1. Follow APRD CSW procedures outlined in Legal Guardian Wants to Adopt.
  2. Contact the assigned DI or case-carrying CSW to give information on to the viability of getting the applicant assessment approved and consult as to the proper recommendation to the Response to the 388 petition hearing report.
  3. If the recommendation was for the Court to deny the petition to prevent disruption in funding and/or due to pending applicant assessment with the intention of DCFS re-filing a 388 petition on behalf of the legal guardian when appropriate and Court consequently has dismissed the original petition:
    1. Follow DI step 6.
    2. Ensure that the ASFA home assessment, as previously referred by the DI, had been completed prior to doing this step.
  4. If the decision is to recommend that the Court maintain jurisdiction and/or Court has ruled at the Response to the WIC 388 Petition hearing, to maintain jurisdiction and has set a WIC 366.26 or WIC 366.3 hearing, follow procedures necessary to terminate parental rights and/or to finalize the adoption.

APRD SCSW Responsibilities

  1. Review the CPA and applicant assessment.
    1. If approved, sign the CPA and applicant assessment.
    2. If not approved, return it to the APRD CSW for corrective action.

Case-Carrying CSW Responsibilities

A case carrying CSW is assigned after the Response to the WIC 388 hearing and the court maintains jurisdiction.

  1. Contact the family within ten (10) calendar days of receipt of the case to schedule a face-to- face visit.
  2. If necessary, follow-up on the status of the ASFA referral and provide any other needed information/documents as requested.
    1. When the ASFA home approval has been completed, submit a DCFS 280 to initiate determination of eligibility for AFDC-FC funding.
    2. Attach the SOC 815, Approval of Family Caregiver Home, to the DCFS 280, Technical Assistance Action Request.
  3. Complete the following:
    1. Provide Permanent Planning (PP) services to the child
    2. Procedures to terminate parental rights
    3. Transfer the case when the adoption is finalized
  4. If after Kin-GAP is terminated and it has been determined not to proceed with adoption, staff must follow the process to reinstate Kin-GAP payments.

Regional SCSW Responsibilities

  1. Review the case upon receipt and forward it to the assigned case-carrying CSW.

The following refers to cases when services are open and there is no court dependency status.

If a legal guardian directly notifies the assigned CSW, proceed to case-carrying CSW responsibilities of this section.  If the legal guardian contacts any other staff, the staff will instruct them to contact Placement and Recruitment Unit intake at (888) 811-1121 to begin the process.

PRU Intake Worker Responsibilities

  1. Upon being notified of the request, complete the DCFS 5560, Placement and Recruitment Unit Form for Legal Guardians SAAM's form.
  2. Conduct a search to identify the case-carrying CSW.
    1. Provide the legal guardian the name and telephone of the case-carrying CSW and the SCSW.
  3. Notify the case-carrying CSW, SCSW and ARA by e-mail that the applicant is interested in pursuing adoption of the child.
    1. E-mail the DCFS 5560 to the case carrying CSW, SCSW and ARA.

Case-Carrying CSW Responsibilities

  1. If directly notified by the legal guardian, immediately discuss his or her feelings regarding the change of permanent plan to adoption.
    1. If notified by PRU, contact the legal guardian and the child to discuss their feelings regarding the change of permanent plan to adoption within ten days of PRU's notification.
  2. If the legal guardian confirms the request to proceed with adoption, complete the CPA within five days of the contact with the legal guardian and the child.
    1. Submit the CPA to the SCSW for Approval.
  3. Upon receipt of the CPA completed by the APRD CSW indicating the appropriateness of the plan of adoption:
    1. File the WIC 388 petition to reinstate Court jurisdiction by completing the JV 100 and JV 180 forms and submitting it to Juvenile Court Service.
    2. If it is determined that adoption is not a viable plan, do not submit the WIC 388 petition.
      1. Continue to provide PP services to the child.
  4. If parental rights have not been terminated, complete the DCFS 4141, Request for Assignment of .26 DI, , and provide necessary attachments (i.e., CPA and copy of the birth certificate) to the regional DI SCSW so a .26 DI can be assigned to review the case in preparation for the writing of the WIC 366.26 hearing report. 
  5. When the Response to a WIC 388 Petition is calendared, send notice for petition to required parties.
  6. Prepare and complete the report responding to the 388 petition.
  7. Continue providing PP services to the child and when adoption is finalized, transfer the case.

Regional SCSW Responsibilities

  1. Review the CPA.
    1. If approved, sign the CPA.
    2. If not approved, return it to the case-carrying CSW for corrective action
  2. Forward the CPA to the Adoption and Permanency Resources Division.
  3. Review the 388 Petition.
    1. If approved, sign the 388 Petition.
    2. If not approved, return it to the case-carrying CSW for corrective action.

APRD CSW Responsibilities

  1. When assigned to complete the CPA, complete the CPA.
  2. When assigned to conduct the applicant assessment, complete a face-to-face contact with the family within ten (10) calendar days of receiving the Applicant case.
    • Assess current family functioning.
    • Discuss any relevant issues and barriers that may affect approving the applicant assessment.
    • Assess if an adoption referral had ever been made in the past.
  3. Follow APRD CSW procedural steps 2 – 3 in Legal Guardian Wants to Adopt.
  4. With the reinstatement of court jurisdiction and setting of the 366.26 or 366.3 hearing, proceed to terminate parental rights (if applicable) and/or proceed with the adoptive process.

Case-carrying CSW Responsibilities

  1. When a relative or non-relative legal guardian with court dependency status wishes to change a plan of legal guardianship to adoption, complete a CPA Update reflecting and incorporating this information.
  2. When the competed CPA is received from the APRD CSW indicating adoption as the recommended plan, incorporate this information in the WIC 366.3 Hearing Report or via Ex-parte report.
  3. Follow procedures for terminating parental rights and/or towards finalizing the adoption.
APPROVALS

SCSW

  • CPA, 388 petition
  • Response to the 388 Petition Report
  • DCFS 280
  • Case Transfer
HELPFUL LINKS

Forms

CWS/CMS

DCFS/A 96, Applicant Intake History

DCFS JV 100, Juvenile Dependency Petition

JV 180, WIC 388 Petition Allegations

LA Kids

ASFA Home Assessment Request form

DCFS 280, Technical Assistance Action Request

DCFS 720, Physical Environment Checklist

DCFS 4141, 366.26 Referral Form

DCFS 4366, Children's Services Case Transfer Sheet

JV 100, Juvenile Dependency Petition

Hard Copy

DCFS 5560, Placement and Recruitment Unit Form for Legal Guardians SAAM's
REFERENCED POLICY GUIDES

0080-507.20, Concurrent Planning and the Concurrent Planning Assessment (CPA)

0100-520.35, Kinship Guardianship Assistance Payment (KIN-GAP) Program

0200-506.10, Applicant Assessment for the Adoption of Children

0200-506.20, Grievance Procedures for Denial of Adoption Requests or Withdrawal of Approved Applicant Assessments

0300-301.05, Filing Petitions

0300-306.05, Noticing Process for Juvenile Court Proceedings

0300-503.16, Writing the WIC 366.3 Status Review Hearing Report for Minor Dependents

0300-503.20, Writing the WIC 366.26 Hearing Report

0300-503.21, Termination of Parental Rights (TPR) Actvities

0300-503.41, WIC 388 Petitions: Response Reports

1000-504.10, Case Transfer Criteria and Procedures

STATUTES AND OTHER MANDATES

WIC Sections 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.

Welfare and Institutions Code (WIC) Section 366.3(c) – States, in pertinent part that, following the establishment of a legal guardianship, the county welfare department become aware of changed circumstances that indicate adoption may be an appropriate plan for the child, the department shall notify the court.  The court may vacate the previous order dismissing dependency jurisdiction over the child and order that a hearing be held pursuant to Section 366.26 to be determined whether adoption or continued legal guardianship is the most appropriate plan for the child.

WIC Section 388 – States ,in pertinent part that, any parent or other person having an interest in a child who is a dependent child of the juvenile court or the child himself or herself though a properly appointed guardian, may upon grounds of change of circumstance or new evidence petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to section 360for a hearing to change, modify or set aside any order of court previously made or to terminate the jurisdiction of the court.

WIC Section11363(b) – States that if the conditions specified in subdivision (a) are met and, subsequent to the termination of dependency jurisdiction, any parent or person having an interest files with the juvenile court a petition pursuant to Section 388 to change, modify, or set aside an order of the court, Kin-GAP payments shall continue unless and until the juvenile court, after holding a hearing, orders the child removed from the home of the guardian, terminates the guardianship, or maintains dependency jurisdiction after the court concludes the hearing on the petition filed under Section 388.