Communication with Attorneys, County Counsel, and Non-DCFS Staff
0300-506.05 | Revision Date: 8/3/2018

Overview

This policy guide details how to communicate with attorneys, County Counsel and other non-DCFS staff. For information specific to responding to writ petitions and appeals, refer to Communications with County Counsel Regarding a Writ Petition or Appeal.

Table of Contents

Version Summary

This policy guide was updated from the 07/01/14 version, to include instructions that nonminor dependent parents must also be given the opportunity to consult with their legal counsel prior to arranging any informal or formal custody agreement for their child, per AB 1371.

POLICY

County Counsel

The County Counsel represents DCFS and provides legal advice to CSWs on Dependency Court and other DCFS matters. These matters can pertain, but are not limited, to contracts, policies, or liabilities. If a case has not been filed and if there is no assigned County Counsel, a CSW must consult with the out-stationed County Counsel assigned to the Regional Office.

All written and verbal communications with the County Counsel where legal advice is given are confidential and subject to attorney-client privilege. Communications with the County Counsel must never be included in a court report, even if the CSW relied upon these communications to develop a case recommendation. These communications, and the context surrounding them, must not be disclosed to any non-DCFS staff person, who is involved in a case, including:

  • The Dependency Court
  • Los Angeles Dependency Lawyers (LADLs)
  • Children's Law Center of Los Angeles (CLC) attorneys or their social work investigators
  • Court-Appointed Special Advocates (CASAs)
  • Therapists
  • Family members

For information specific to responding to writ petitions and appeals, refer to Communication with County Counsel Regarding a Writ Petition or Appeal.

Out-Stationed County Counsel

Out-stationed County Counsels are assigned to each Regional Office and must be consulted about the following:

  • General legal matters which are not case-specific
  • Matters related to a referral and/or to a case
  • Communication should be documented in the Contact Notebook of CWS/CMS and begin with the phrase, "Confidential Attorney-Client Communication."

Dependency Court Attorneys

Dependency Court generally appoints attorneys to represent children/youth involved in the Dependency Court system who are affiliated with major attorney groups. A parent or child/youth can choose to retain a private attorney, or the court can appoint an individual attorney. The table below details the attorneys and counsel provided at the listed agencies.

Agency

Attorneys and Counsel

Children's Law Center of Los Angeles (CLC)

The CLC consists of three (3) law firms:

  • CLC1
  • CLC2
  • CLC3

The CLC is comprised of attorneys and support staff who provide legal services and support to children in Dependency Court proceedings and in related matters.

Los Angeles Dependency Lawyers (LADL)

LADL attorneys and staff primarily provide legal services to parents and are comprised of four (4) individual law firms.

Los Angeles Public Defender's Office

The Los Angeles Public Defender's Office represents most adults involved in criminal court and most youth involved in Delinquency Court.

Alliance for Children's Rights (Alliance) / Public Counsel

The Alliance and Public Counsel are comprised of attorneys and staff who provide legal services to caregivers and children/youth. These attorneys generally do not represent children in Dependency Court cases.

CSWs can communicate with CLC, LADL, and panel attorneys about the following:

  • Receiving information about a child or a child's caregiver
  • Receiving information about a child's parent's attempts to comply with court orders
  • Providing a child's attorney with any information regarding the child

CSWs, however, are never to seek legal consultation from these attorneys. All CSW legal consultation must be done with the County Counsel.

Parent's Attorneys

"Parent's attorney" includes any person acting on behalf of a parent's attorney, including a paralegal, social worker employed by the attorney group, investigator, or any other representative.

CSWs must not engage in any contact with a parent's attorney or release any written documentation to the parent's attorney without first consulting with the assigned County Counsel, except as outlined.

Child's Attorneys

"Child's attorney" refers to any of the following:

  • Children's Law Center of Los Angeles (CLC) attorney
  • Any attorney appointed to represent a child in Dependency Court proceedings
  • Youth's Public Defender or Delinquency Court attorney
  • Paralegal
  • Social worker employed by the attorney group
  • Any person working on behalf of the assigned attorney

CSWs are to communicate with the child's attorney, when contacted, for the limited purpose of discussing the status and the well-being of the child. CSWs will consult with the County Counsel to determine whether to have a conversation with the child's attorney and/or whether to request that the County Counsel be present during the discussion with the child's attorney. The CSW must consult with the assigned County Counsel under the following circumstances:

  • Before discussing a matter with the child's attorney
  • If he/she is unsure about what can be discussed with a child's attorney
  • If the CSW is pressured to release information

Before communicating with a child's outside attorney, the CSW must verify that the attorney has legal authority to receive information about the case. The CSW must limit communication with outside counsel to the following circumstances:

  • Receiving information from the parent's attorney regarding the parent's attempts to comply with court orders
  • Receiving new information about the parent, the child, or the child's caregiver(s) from the parent's or child's attorney

When communicating with a child's attorney whose affiliation with the child's case has been verified, the CSW are to provide the following information, as appropriate, regarding the child:

  • Whereabouts
  • Physical well-being, including his/her current health condition, medications, and hospitalizations
  • Emotional well-being, including any diagnosed condition(s), hospitalization(s), or prescribed psychotropic medications
  • Legal status and any legal issues, including any arrests or periods of incarceration
  • Placement status, including an AWOL status or any stays in shelter care, a long-term placement, or a placement facility that has been placed on the do-not-use or do-not-refer list
  • Face-to-face contacts between the CSW and the child, including contacts made and contacts missed
  • Visits between the child and his/her parents and/or siblings

The following is required of CSWs when communicating with the child's attorney:

  • If the conversation goes beyond the topics listed above, the CSW must cease communication and must consult with the County Counsel before providing further information.
  • The CSW must not allow an investigator, a social worker from an attorney's office, or an unauthorized person to attend any visits or CSW interviews without consulting with the County Counsel.
  • The CSW must consult with the County Counsel before making any statement or committing to a changed recommendation.

Other Attorneys and Non-DCFS Counsel Staff

CSWs can be contacted by attorneys, other counsel, or other representatives of the counsel, including:

  • Attorneys who represent a youth in a juvenile delinquency case
  • Attorneys who do not represent a parent or a child/youth in Dependency Court but who represent him/her in another legal forum, such as in criminal, civil, or family law court
  • Attorneys who represent someone other than the case's child/youth or his/her parent
  • Paralegals, mental health professionals, investigators, and non-DCFS social workers, employed by attorney groups

A CSW must cease further conversation with an attorney and must contact the County Counsel assigned to a case when any of the following applies to the CSW:

  • He/she is unsure about who the attorney represents.
  • He/she is unsure about what information can be discussed with a parent's or child/youth's attorney.
  • He/she is subjected to harassment, pressure, or inappropriate inquiries by an attorney.

Before sharing any information with an outside attorney, a CSW must either receive written confirmation that the attorney represents the child/youth or written verification, which documents the legal authority by which the attorney can receive information.

CSWs must not communicate with other attorneys without first receiving approval from the County Counsel. The exception is when CSWs are doing either of the following:

  • Receiving information about a child or the child's caregiver or about the child's parent's attempts to comply with court orders
  • Providing a child's attorney with any information regarding the child from the list above.
PROCEDURE

Notifying the Child's Attorney Notification Specialist (CANS)

CSW Responsibilities

The Out-of-Home Care Management Division will notify each Children's Law Center law group of placement homes and/or facilities that are placed on a "Do Not Use" or "Do Not Refer" status. CSWs, however, must respond to inquiries from the child's attorney, concerning the child's status in the affected placement.

  1. To determine the necessary notification guidelines for attorneys and non-DCFS counsel representatives, refer to When to Notify a Child's Attorney.
    • Notification of case events can be in person, by telephone, email, voice mail or answering machine, or by completing a DCFS 5402, Notice to Child's/NMD's Attorney Re: Case Status.
  2. If the child is required to appear in a Delinquency Court hearing, provide the Child's Attorney Notification Specialist (CANS) with the following information:
    • Child's name
    • Name of child's attorney
    • If he/she belongs to the Children's Law Center (CLC), indicate which law group (CLC1, CLC 2 or CLC3) the attorney belongs to.
    • Case name
    • Court number
    • Date, time, and location of the court hearing
    • Court department number
    • Date and time you were notified of the hearing
    • Any relevant information pertaining to the delinquency matter
  3. If a Child Protection Hotline (CPH) referral is received, provide the CANS with the following information:
    • A copy of the Suspected Child Abuse Report (SS8572)
    • Child's name
    • Name of child's attorney
    • If he/she belongs to the CLC, indicate which law group (CLC1, CLC 2 or CLC3) the attorney belongs to.
    • Case name
    • Court number
  4. If a required child contact is missed, provide the CANS with the following information:
    • Names of all the children
    • Name of each child's attorney
    • Case number
    • Court number
  5. If a child is going to participate in an adoption media recruitment event or in an adoption fair, notify the child's attorney that the child has been identified to participate in a media-based recruitment event. Provide the following information:
    • Child's name
    • Case name
    • Court number
    • Date and location of the media event or adoption fair
  6. If a contact exception is obtained, provide the CANS with:
    • Child's name
    • Name of child's attorney
    • If he/she belongs to the CLC, then indicate which law group (CLC1, CLC 2 or CLC3) the attorney belongs to.
    • Case name
    • Court number

SCSW Responsibilities

  1. If there has been a change of assignment in the case-carrying and/or DI CSW, as soon as possible, but no later than the end of the following business day, provide the CANS with the following information. Notification can be made in person, by telephone, e-mail, voice mail or answering machine, or by completing a DCFS 5402:
    • Name, address, and phone number of the new CSW
    • Child's name
    • Name of child's attorney
    • If he/she belongs to the CLC, then indicate which law group (CLC1, CLC 2 or CLC3 the attorney belongs to.
    • Case name
    • Court number
    • Case event (i.e. what has changed regarding the case status)
    • Date of the assignment change

Communicating with a Child/Youth's Dependency or Delinquency Attorney

CSW Responsibilities

  1. Verify the identity of the attorney/individual.
    1. If the attorney/individual is a Dependency Court attorney, verify his/her identity on the Juvenile Court minute order. If the attorney/individual's name is not listed on the minute order, or if he/she is from Delinquency Court, request a signed letter from him/her on office letterhead with the following information:
      • His/her identifying information
      • The date that he/she was appointed to represent the child in the Dependency Court proceedings
      • The name of the person who appointed him/her to the case
    2. If the attorney/individual is a Delinquency Court attorney, request a letter from him/her on office letterhead, signed by the attorney with the following information:
      • The date he/she was appointed to represent the child in Delinquency Court proceedings
      • The name of the person who appointed him/her  to the case
    3. File the letter in the Court Documents Folder.
  2. Upon verification, provide the child's attorney with the following requested information, as necessary, regarding the child:
    • Whereabouts
    • Contact information, including his/her address and telephone number
    • Physical well-being, including his/her current health condition, medications,  and hospitalizations
    • Emotional well-being, including any diagnosed condition(s), hospitalization(s), or prescribed psychotropic medications
    • Legal status and any legal issues, including any arrests or periods of incarceration
    • Placement status, including an AWOL status or any stays in shelter care, a long-term placement, or a placement facility that has been placed on the do-not-use or do-not-refer list
    • Face-to-face contacts between the CSW and the child, including contacts made and contacts missed
    • Visits between the child and his/her parents and/or siblings
    • Any new information about the child or the child's caregiver(s)
  3. If the attorney wants to discuss a topic not covered in the list above, take one (1) of the following actions:
    1. Refer the child's attorney to the assigned County Counsel.
    2. Advise the child's attorney that you will consult with the County Counsel before any further discussion.
    3. If the assigned County Counsel is not available, contact the County Counsel main line at (323) 526-6100, and request the name of the Lead County Counsel or the County Counsel Section Head Supervisor for that specific courtroom.
  4. Document all contacts and actions taken in the Contact Notebook.

Before Initiating a Voluntary Case Plan with a Dependent Parent

CSW Responsibilities

  1. Before entering into a voluntary Case Plan (i.e. Voluntary Family Maintenance, Family Reunification) with the dependent minor/nonminor parent:
    1. Inform the dependent parent that he/she must consult with his/her court appointed attorney.
    2. Complete the DCFS 5402, Notice to Child's/NMD's Attorney Re: Case Status.
  2. Fax the completed DCFS 5402, along with a copy of the proposed Case Plan, to the appropriate law office.
    1. Print a fax confirmation sheet and attach it to the DCFS 5402.
    2. File the DCFS 5402 in the Court Documents folder.
    3. Do not have the dependent parent sign the Case Plan until after he/she has consulted with his/her attorney.
  3. Ensure and expedite the consultation between the dependent parent and her/his attorney.
    1. Provide the dependent parent with his/her attorney's contact information.
  4. Confirm that the dependent parent has consulted with his/her attorney.
  5. Have the dependent parent sign the Case Plan.
    • If the dependent parent refuses to sign it, voluntary services must not be provided.
  6. If a dependent parent's child continues to be at risk, take the child into custody per established procedures.
  7. Document all contacts and actions taken in the Contact Notebook.

Communicating with a Parent's Dependency Attorney

CSW Responsibilities

  1. Determine the attorney's identity, including his/her full name, office telephone number, and the name of the person he/she represents (e.g., mother, father).
  2. Identify the reason for the attorney's communication and proceed with one (1) of the following steps:
    • Refer the attorney/individual to the assigned County Counsel.
    • Inform the attorney/individual that it will be necessary to consult with the County Counsel and/or to have him/her participate in the discussion.
    • Speak with the attorney/individual only to receive information regarding the parent's attempts to comply with court orders or with new information about the parent, the child, or the child's caregiver(s).
  3. When it is not known which the County Counsel is assigned to a case:
    1. Request that the attorney identify the County Counsel and speak with the named County Counsel.
    2. If the identity of the County Counsel is still unknown, contact the Lead County Counsel for the courtroom.
    3. If the Lead County Counsel is not available, contact the County Counsel main line at (323) 526-6100 to obtain the name and telephone number of the County Counsel.
  4. If the conversation with the attorney goes beyond the topics listed above:
    1. Refer the attorney to the assigned County Counsel.
    2. Conclude the contact by informing the attorney/individual that you cannot provide further information without seeking guidance from the County Counsel.
  5. Notify the County Counsel immediately in writing or by phone of any contact with an attorney, and provide the County Counsel with the following information:
    • Child's name and court number
    • Full name and office telephone number of the attorney and the party he/she represents
    • How the communication was initiated
    • Any questions asked or representations and/or statements made by the attorney
    • Details of the conversation and information that was shared and discussed regarding the case
  6. Take notes during every contact, and document all pertinent information in the Contact Notebook.
  7. Print and immediately send a copy of the contact recording to the assigned County Counsel.
  8. Notify your SCSW and ARA of the contact.
  9. Document all actions taken in Case Notes, including conversations with all parties, and file all documents forwarded to the County Counsel.

Communicating with an Attorney Regarding Non-Dependency or Non-Delinquency Court Proceedings

CSW Responsibilities

  1. Determine the attorney/individual's identity, including his/her full name, office telephone number, and the identity of the person he/she is representing (e.g., mother, father).
  2. Identify the reason for the attorney/individual's communication and the nature of the information that is requested.
  3. Inform the attorney/individual that you will consult with the County Counsel before continuing the conversation and/or will have the County Counsel participate in the discussion.
  4. If the assigned County Counsel is not available, contact the County Counsel main line at (323) 526-6100 and ask for the Lead County Counsel or the County Counsel Section Head Supervisor for that specific courtroom.
    1. If the call involves a case for which a WIC Section 300 petition has not been filed and no court case has been opened, contact the out-stationed County Counsel assigned to the corresponding Regional Office.
    2. If no out-stationed County Counsel is assigned to the Regional Office, contact the County Counsel main office, and ask to speak to the County Counsel Section Head Supervisor for the out-stationed attorney.
  5. If the attorney/individual identifies the case as one (1) involving a civil lawsuit against DCFS, a DCFS employee, or Los Angeles County, immediately refer the attorney/individual to DCFS' Office of Litigation and Risk Management at (213) 351-5551.
  6. Document all contacts and actions taken in the Contact Notebook.

Communicating with Non-DCFS Court Staff

CSW Responsibilities

  1. Determine the identity of the non-DCFS court staff member, including his/her full name, office telephone number, and his/her affiliation to the case.
  2. If a non-DCFS court staff member calls, identify the reason for the call.
  3. If verification has been received that the non-DCFS court staff member has legal authority to receive information about the child/youth but the topic of the conversation goes beyond those cited above, end all conversation.
    1. Inform the non-DCFS court staff member that he/she must speak to the County Counsel assigned to the case before any further communication and/or any release of information can be provided.
  4. Notify the County Counsel of the contact, and discuss the case before resuming further contact with the non-DCFS court staff member.
  5. Take notes during every contact, and document any pertinent information in the Contact Notebook.

Communicating with the County Counsel about an Open Case

CSW Responsibilities

  1. Identify the County Counsel assigned to the case. The name of the assigned County Counsel usually appears on the minute order under the "Deputy County Counsel" heading.
    1. If no name appears on the minute order, if the name is incorrect or illegible, or if no minute order has been received, request assistance in contacting the assigned County Counsel by contacting the Lead Courtroom County Counsel for the court in which the matter is being heard, the Courtroom Court Officer, or the County Counsel's mainline at (323) 526-6100.
  2. Regularly consult with the County Counsel until the following have occurred in order to discuss referral related questions, case-related questions, and general legal questions:
    • All legal issues have been resolved, including any case-related questions that have been raised
    • All new or important information has been communicated to the County Counsel, as available
  3. Document all conversations with the County Counsel in Case Notes, and begin each entry with the phrase "Confidential Attorney-Client Communication."

CSW Responsibilities

  1. Request that the County Counsel explain the reasons litigation proceeded as it did.
  2. Consult with the SCSW and, if necessary, the ARA when the disagreement is not resolved.
  3. Document all conversations with the County Counsel in Case Notes, and begin each entry with the phrase, "Confidential Attorney-Client Communication."

SCSW Responsibilities

  1. Consult with the CSW and, if necessary, the ARA when a disagreement is not resolved.
  2. Contact the appropriate Juvenile Court Services (JCS) SCSW to discuss the CSW's disagreement with the way the case is being litigated.
  3. Once the JCS SCSW has reached a resolution, relay the information to the CSW.

Juvenile Court Services (JCS) SCSW Responsibilities

  1. Discuss the case with the Lead Courtroom County Counsel and the assigned County Counsel to determine whether a modification in the litigation of the case is appropriate.
  2. If the disagreement is not resolved, refer the case to the JCS ARA(s) and, if necessary, to the Director of JCS and the Section Head supervising the courtroom.
    • In the event that no resolution is reached at this level, the case will be referred to the appropriate Service Bureau Deputy Director, and, if necessary, to the DCFS Director and the Assistant County Counsel supervising the Children's Services Division for review and resolution.
  3. Once a resolution has been reached, relay the information to the SCSW.
APPROVALS

SCSW Approval

  • A disagreement between the County Counsel and a CSW that is not resolved

ARA Approval

  • A disagreement between the County Counsel and a CSW that is not resolved
HELPFUL LINKS

Attachments

When to Notify a Child's Attorney

Forms

CWS/CMS

SS 8572, Suspected Child Abuse Report (SCAR)

LA Kids

DCFS 5402, Notice to Child's/NMD's Attorney Re: Case Status

Declaration in Support of Access to Juvenile Records

REFERENCED POLICY GUIDES

0070-548.20, Taking Children into Temporary Custody

0080-502.25, Family Maintenance Services for Court and Voluntary Cases

0100-510.40, Services for Teen Parents

0300-507.10, Communication with County Counsel Regarding a Writ Petition or Appeal

0400-503.10, Contact Requirements and Exemptions

STATUTES AND OTHER MANDATES

California Rules of Court (CROC) 5.651(e)(1) – States that at any hearing, which relates to or may affect the child's education and which follows a removal of the child from the school of origin, the court must find that:

  • The social worker or probation officer notified the court, the child's attorney, and the educational representative or surrogate parent that the proposed placement or change of placement would result in a removal of the child from the child's school of origin.
  • If the child had a disability and an active individualized education program (IEP) prior to his/her removal, the social worker or probation officer, at least ten (10) days before the change of placement, notified in writing of the impending change of placement the local educational agency that provided a special education program for the child prior to removal and the receiving special education local plan area.

Evidence Code (EVID) Section 951 – States that "client" is defined as a person who, directly or through an authorized representative, consults a lawyer for the purpose of retaining the lawyer or securing legal service or advice from him/her in his/her professional capacity, and includes an incompetent who him/herself so consults the lawyer or whose legal guardian or conservator so consults the lawyer in behalf of the incompetent.

EVID Section 952 – Defines "confidential communication between client and lawyer" as information exchanged in confidence between a client and his/her lawyer in the course of that relationship.

EVID Section 953 – Defines that "holder of the privilege" as meaning the following:

  • The client when he has no legal guardian or conservator.
  • A legal guardian or conservator of the client when the client has a legal guardian or conservator.
  • The personal representative of the client if the client is dead.
  • A successor, assignee, trustee in dissolution, or any similar representative of a firm, association, organization, partnership, business trust, corporation, or public entity that is no longer in existence.

EVID Section 954 – States the conditions under which a party has the right to refuse to disclose, and to prevent another from disclosing, a confidential communication between client and lawyer.

Penal Code Section (PEN) 11166.1 (c)– States when an agency receives a report pursuant to Section 11166 alleging abuse or neglect of the child of a minor parent or a nominor dependent parent, the agency shall, within 36 hours, provide notice of the report to the attorney who represents the minor parent or nonminor dependent in dependency court.

Welfare and Institutions Code (WIC) Section 301(c) – States that if the parent is a dependent of the juvenile court at the time that a social worker seeks to undertake a program of supervision, including a voluntary family reunification program or a voluntary family maintenance program, and if counsel has been appointed for the parent, the program of supervision will not be undertaken until the parent has consulted with his/her counsel.

WIC Section 16010.6 – States that as soon as a placing agency makes a decision with respect to a placement or a change in placement of a dependent child, but not later than the close of the following business day, the placement agency will notify the child's attorney and provide to the child's attorney information regarding the child's address, telephone number, and caregiver.