Due Diligence
0300-306.75 | Revision Date: 6/4/2025

Overview

This policy reviews the due diligence process for locating the current whereabouts and/or identity of a parent/legal guardian, in an effort to notify the parent of an upcoming dependency hearing.

Table of Contents

Version Summary

This policy guide was updated from the 12/07/2016 version, to include procedural guidance on how to request, follow-up on and complete a Declaration of Due Diligence for submission to Dependency Court.

POLICY

Purpose of a Due Diligence

The purpose of the due diligence report is to show the court that reasonable efforts were made to locate a parent/legal guardian whose whereabouts and/or identity is unknown. The search is conducted in the hope of locating the parent/legal guardian, so that they can be notified of an upcoming dependency hearing. While a number of standard search approaches exist, each case is unique and therefore each search must be tailored and customized to locate the particular parent/legal guardian. A search is to be conducted in the parent’s/legal guardian's last known city, state, or country of residence, and must include all known aliases, and gathered dates of birth.

A completed Declaration of Due Diligence report must be submitted to court when a parent/legal guardian is whereabouts unknown for the Jurisdiction/Disposition hearing, Status Review hearing, WIC 366.26 Permanency Planning hearing, and anytime ordered by the court. Due Diligence results are valid for six (6) months from the date that the search was initiated.

 

PROCEDURE

These instructions also apply to a foreign country search.

Dependency Investigator (DI)/Continuing Services (CS) CSW Responsibilities

  1. For all hearings, except detention hearings:
    1. Complete the DCFS 136, Search Request to initiate a record search.
      1. Ensure that all parents (i.e., birth parents, presumed fathers and all alleged fathers) have been properly identified.
      2. Use the exact name(s) of the parent as they appear on the birth certificate or Vital Statistics Inquiry (VSI) and all known aliases and date(s) of birth.
      3. DCFS is required to exercise Due Diligence in the form of inquiring with relatives, the child, known parent, etc. to identify that parent.
        • A Due Diligence must be completed even if only partial information is known for the parent (i.e. only first name is known, only month and day of birth is known, etc.)
  2. Submit the DCFS 136 to the Due Diligence Search Clerk (DDSC)/Dependency Investigation Assistant (DIA)/Adoptions Assistant (AA) to complete the search of the items specified on the DCFS 136.
    1. Time frames for initiating a due diligence search are:

      Responsibility of:

      Action & Time Frame:

      DI CSW

      Initiates a search for each parent or legal guardian whose identity and/or whereabouts is unknown, within three (3) business days after receipt of the case for the Jurisdictional/Disposition hearing.

      CS CSW

      Initiates a search for each absent parent or legal guardian whose identity and/or whereabouts is unknown, at least ninety (90) calendar days before the WIC 366.21(e), 21(f), .22, and the WIC 366.26 hearing.

  3. A search must include, but is not limited to, the following steps:
    1. Conduct a thorough review of all online and hardcopy case documentation, including County and outside agencies, to search for previous or current contacts who may have knowledge of the absent parent’s whereabouts.
    2. Ask all involved parties (i.e., mother, father, children, relatives, siblings’ CSWs, ER/ERCP CSW(s), etc.) and available collateral contacts for information regarding the whereabouts and identity (including aliases) of the parent or legal guardian and when and where they last had contact with the missing parent or legal guardian.
    3.  Review the case file to determine if a birth certificate is on file for each child who is in placement.
    4. Send notices, a copy of the petition (for Jurisdiction/Disposition and Arraignment Hearings only), and the JV-505 via certified mail and first class mail; and ensure that a request for a postmaster response to each populated address on the Declaration of Due Diligence was made by the DDSC/AA/DIA. Notices, a copy of the petition, and the JV-505 must be sent to ALL addresses included on the Declaration of Due Diligence and prior dependency cases, including DPSS offices, shelters, etc.
      • Ensure that a contact letter was sent to each address as well by the DDSC/AA/DIA.

Following Up on Due Diligence Search Results

DI/CS CSW Responsibilities

  1. Follow-up on Social Media Searches
  2. Upon obtaining any new information regarding the identity and/or whereabouts of a parent, including aliases, follow-up on all leads, which may include initiating new search activities listed above.
    1. Provide that information to other staff who may be associated with the case (e.g., CSW assigned to siblings on another open case, Upfront Family Finding CSW, P3 CSW, or support staff).
  3. When a due diligence search uncovers an address for a parent/legal guardian (even if it is already known to DCFS and/or the address was obtained after the time to meet the legal requirement to notice a parent), give notice to the parent/legal guardian at that address, in addition to submitting the Declaration of Due Diligence report to the court.
  4. Ensure that Notices, a copy of the petition (Jurisdiction/Disposition and Arraignment Hearings only), and the JV-505 were sent via certified mail and first class mail; and that a request for a postmaster response was sent to each populated address identified on the Declaration of Due Diligence by the DDSC/AA/DIA. (Note: Notices, a copy of the petition, and the JV-505 should be sent to ALL addresses included on the Declaration of Due Diligence, including DPSS offices, shelters, etc.)

Ruling Out Search Results Parameters:

Ruling Out Search Results

Action & Time Frame:

If the address is no more than 25 miles outside of LA County borders
  • Send Certified Mail (to all addresses on the Declaration of Due Diligence regardless of distance)
  • Send First Class Mail (to all addresses on the Declaration of Due Diligence regardless of distance)
  • Face to Face visit (*unless the address is more than 25 miles outside of LA County borders). At least one in-person attempt must be made. Additional in-person attempts must be made if court ordered.
  • If an in-person attempt to rule out an address is made and no one answers the door, a contact letter and business card are to be left.
  • *If the address is more than 25 miles away from LA County borders, but the court has ordered a Face to Face visit, the court order must be adhered to.
If CSW receives verification by mail or phone or in-person that the parent does not reside at the address and the current resident has no relation to the parent This verification would be sufficient to rule out that specific address for future due diligence searches.

 

Completing the Declaration of Due Diligence

DI/CS CSW Responsibilities

  1. The DI CSW preparing the Jurisdiction/Disposition Hearing report must submit the Declaration of Due Diligence for all pre-disposition cases.
    • When the child is a dependent of the court, it is the responsibility of the case-carrying CSW to submit the Declaration of Due Diligence.
  2. Open the Declaration of Due Diligence, located in the court folder on CWS/CMS that was generated by the DDSC/DIA/AA.
  3. Review the Declaration of Due Diligence for accuracy and completeness and update as needed:
    • Review the Declaration of Due Diligence, CWS/CMS case record to ensure that all identifying information including names, addresses, and court information are recorded and current.
    • Verify that Search Identifiers/Parameters provided by the DDSC/DIA/AA of all individual(s) who conducted any of the searches is displayed in the Due Diligence Search document.
      • The DDSC/DIA/AA will document all search efforts in the Search Log specified fields and will provide a description of each search conducted.
  4. For each search conducted, document the results: Enter a description of the results of the search.
    • Example: "No record found" or "The search revealed the following information…" If the result includes an address, then further action is needed and document efforts and findings in the results section. Refer to the following sample.
  5. On the summary page: enter a brief summary of the search results. For example, "The above-cited search efforts to locate (enter person’s name) were not successful".
    • Successful example: "The above-cited search efforts located (enter parent's/legal guardian's name) at (enter complete address). (Enter parent's/legal guardian’s name) was notified by (enter means of notification, e.g., in-person, telephone, mail, etc.) of the legal status of his or her child(ren) and the date, time and place of today’s hearing."
      • If a parent/legal guardian is located, immediately notify the trial county counsel. 
  6. Enter the following information in the designated fields (last page of the Declaration of Due Diligence):
    • Date
    • Month and year
    • Office location by city and state
    • Sign the Due Diligence Search
    • Job Title
    • Type name, job title, and date
  7. Print the Declaration of Due Diligence
  8. Submit the signed hard copy of the Declaration of Due Diligence and all supporting documents (i.e. Postmaster responses, returned envelopes, CMRRs etc.) of your search results to the SCSW for approval.
  9. After obtaining SCSW approval, take the hard copy of the Declaration of Due Diligence to the DDSC/DIA/AA staff who completed the searches for their final signature.
  10. Submit final declaration of due diligence with supporting documentation to court.

DI/CS SCSW Responsibilities

  1. Review the Declaration of Due Diligence and all supporting documents.
    1. If approved, return the Declaration of Due Diligence to the CSW or to its author.
    2. If not approved, return the Declaration of Due Diligence to the CSW, or to its author for corrective action.

Assembling the Due Diligence Folder

The Search Folder (gray) must contain a separate Due Diligence Folder for each absent parent or legal guardian.

Staff Assembling the Folder Responsibilities

  1. File the following documents in the Due Diligence Folder:
    1. Copies of the DCFS 136 and search results, letters and forms sent
    2. Replies received
    3. Copies of the Declaration of Due Diligence
    4. The Publication Packet
APPROVALS

SCSW

  • Declaration of Due Diligence
HELPFUL LINKS

Attachments

Declaration of Due Diligence Sample

Forms

LA Kids

DCFS 136, Search Request
DCFS 230, Request for Verification/Certificate of Evidence 
DCFS Automated 280, Technical Assistance Action Request
DCFS 4389-1, Declaration in Support of Access to Probation Records
JV-505 (Spanish), Statement Regarding Parentage

REFERENCED POLICY GUIDES

0300-503.10, Writing the Jurisdiction/Disposition Report
1200-500.10, Vital Records (Birth, Death, Marriage and Divorce)
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
0300-503.20, Writing the WIC 366.26 Hearing Report

STATUTES AND OTHER MANDATES

Welfare and Institution Code (WIC) Sections 290.1, 290.2, 291, 292, 293, 294, 295, 296, 297, 366.21 and 366.26 – States in part, that the probation officer or social worker shall serve notice to the mother, presumed and alleged father(s), legal guardian(s), children 10 years of age and older, whose whereabouts are known or become known prior to initial, jurisdictional/dispositional, status review, selection and implementation and sequential dependency hearings.  If there are no parents or guardian residing in California or the residence is unknown, then notice shall be served to any adult relative residing within the county, or if none, the adult relative residing nearest the court. Do not send notices to parents whose parental rights have been terminated.

Welfare and Institutions Code (WIC) Section 294 (f) (7) – States in part, that if a parent's whereabouts are unknown and the parent cannot, with reasonable diligence, be served, the petitioner shall file an affidavit with the court at least 75 days before the hearing date, stating the name of the parent and describing the efforts made to locate and serve the parent.

Welfare and Institutions Code (WIC) Section 361.5 (b) (1) – States in part, that one of the conditions that reunification services need not be provided to a parent or guardian is when the court finds by clear and convincing evidence that the whereabouts of a parent or guardian is unknown and a finding that an affidavit that a reasonable diligent search has failed to locate the parent or guardian.

Penal Code Section 11105 (b) (18) – States that the Attorney General shall furnish state summary criminal history information to any of the following, if needed in the course of their duties, provided that when information is furnished to assist an agency, officer, or official of state or local government, a public utility, or any other entity, in fulfilling employment, certification, or licensing duties, chapter 1321 of the Statutes of 1974 and Section 432.7 of the Labor Code shall apply:  County child Welfare agency personnel who have been delegated the authority of county probation officers to access state summary criminal history information pursuant to section 272 of the Welfare and Institutions Code for the purposes specified in Section 16504.5 of the Welfare and Institutions Code.  Information from criminal history records provided pursuant to this subdivision shall not be used for any purposes other than those specified in this section and Section 16504.5 of the Welfare and Institutions Code.  When an agency obtains records obtained both on the basis of name checks and fingerprint checks, final placement decisions shall be based only on the records obtained pursuant to the fingerprint check.