HIV/AIDS Testing and Disclosure of HIV/AIDS Information
0600-502.20 | Revision Date: 4/2/2015
Overview
This policy provides instruction for obtaining consent for HIV/AIDS testing and disclosure of that information for the purpose of providing coordination of care for children, youth and nonminor dependents under the care of DCFS.
This policy guide was updated from the 07/01/14 version, to further clarify requirements that the CSW: consult with the SCSW and PHN prior to discussion of HIV/AIDS; obtain authorization to release information to the PHN; evaluate with PHN the need for the child to be transferred to the MCMS Unit and; request the child's Medical Team participate in the meeting with a clinical trial Principal Investigator.
POLICY
HIV/AIDS Services
HIV is a blood-borne virus. It is most often transmitted via the blood and/or semen of an HIV-infected person. HIV is not airborne. The most common routes of transmission are:
Sexual activities involving exposure to the blood or semen of an infected person
Sharing needles used for intravenous (IV) injections
Tattooing and body-piercing with infected persons
Maternal transmission (i.e., from an infected mother to her fetus during pregnancy, birth or breast feeding)
Blood or blood products
Transfusions or organ transplants during the period from 1978 to June of 1985
HIV is Not Transmitted
From:
By:
Through:
Dishes
Coughs
Perspiration
Doorknobs
Hugging
Saliva
Drinking cups
Kissing on the lips
(if no open sores are present)
Eating utensils
Physical proximity
Insect bites
Shaking hands
Swimming pools
Sneezes
Toilet seats
It is safe to carry HIV-infected children in your arms, eat with them, transport them in your car, hug them, hold their hands, dry their tears, change their diapers, or give them a kiss on the cheek. Protective clothing or devices are not needed, but Universal Precautions should be used.
The Public Health Nurse (PHN) is to be notified when there is a possibility that a child has been infected with HIV/AIDS. PHN's are available to consult with the CSW at any point during the case, regarding the provision of HIV/AIDS services.
HIV Testing
In all instances of HIV testing of a child, consent is required, but the type of consent needed varies depending on the age of the child.
The following individuals can authorize HIV testing:
CSW may provide written consent for infants age 0-12 months when certain conditions are met.
Parent/Legal guardian or Conservator.
Youth, if (s)he is age 12 years of age or older.
Court, in the absence of parental consent, for a child who is 11 years old or younger.
No one else, including out-of-home caregivers, are permitted to authorize HIV testing.
CSW's must facilitate performance of testing under the following circumstances:
Whenever it is known or reasonable to suspect that a child is an "At-Risk/High-Risk" child.
The child is an infant, between the ages of 0-12 months, who meets all of the following criteria:
Has been taken into temporary custody or has been and/or may be declared a dependent.
Is being examined by medical personnel or receiving medical care and the attending physician determines that HIV testing is necessary to render appropriate care to the infant and have documented that determination.
The attending physician must consider the infant's possible risk factors that are either known to them, or provided to them by the CSW.
Factors to be provided by the CSW to the physician include, but are not limited to:
The infant's parent has a history of behavior that places the parent at an increased risk of exposure to HIV
The infant is a victim of sexual abuse that places the infant at risk of exposure to HIV.
The CSW must make reasonable efforts to contact the parent or guardian for consent to care and is unable to do so. The CSW must document his or her efforts to contact that person.
The attending physician and the CSW must comply with all applicable state and federal confidentiality and privacy laws to protect the confidentiality and privacy interests of both the infant and the biological mother.
The child has a parent whose personal history is either unknown or is known to include one or more of the high risk behaviors at the time of the child's conception or during the mother's pregnancy.
A potential adoptive parent requests HIV testing as a prerequisite to adoption.
After a discussion of their personal risk factors, a youth twelve (12) years of age or older, who is competent to give informed consent, expresses interest in being tested.
The child's physician recommends testing.
HIV Related Care
If an infant, 0-12 months old, tests positive for HIV, the physician may determine that immediate HIV related medical care is necessary; this will be considered emergency medical care. The CSW must follow existing DCFS policy for authorization of emergency medical care. Such care may be authorized by the CSW in writing without a court order.
The CSW must provide the physician with any contact information that is available for the biological mother in order to report the HIV infection to the local public health office.
Disclosing HIV/AIDS Information
All DCFS staff, including support staff, are required to maintain the confidentiality of HIV/AIDS status information, including prescribed medications and medical problems commonly associated with HIV/AIDS. Negligent (e.g., direct or indirect release of information contained in any electronic records, paper documents and/or verbal communication), willful or malicious release of HIV/AIDS test results can result in civil penalties, misdemeanor conviction, fines as well as possible incarceration.
CSWs and all other staff can consult with the on-site or trial County Counsel with questions regarding specific cases that involve HIV/AIDS information.
Written consent or court order to disclose HIV/AIDS information should only be sought by the CSW when coordinating care of the child/youth; it must be made in a manner that is the most protective and discloses the minimum information necessary to coordinate the care of the child/youth. The disclosed information must be limited to the fact that the child/youth is HIV positive or has AIDS, and should include a description of the medical needs of the child/youth.
No Written Consent/Court Order Required
The results of an HIV/AIDS test may be disclosed to any of the following people without the written authorization of the person tested:
The person who was tested, or that person's legal representative, conservator or to any person authorized to consent to the test.
The person's health care provider (e.g. medical doctor/pediatrician, dentist, psychiatrist, mental health practitioner, etc.) and to an agent or employee of that health care provider, who provides direct patient care and treatment.
In emergency situations, when there is imminent likelihood of transmission of HIV, disclosures must be limited to information needed to protect the health of the person involved. The following information cannot be disclosed:
The HIV/AIDS status of the child/youth.
How or when the child/youth contracted HIV.
The identity of the child/youth's parent/legal guardian or siblings.
What can be communicated is that the individual should follow the universal precautions as to reducing the threat of infection via blood-borne pathogens.
Written Consent or Court Order Required
Written consent or, in the absence of written consent, a court order must be obtained to disclose HIV/AIDS information of a child/youth's under the following circumstances:
When disclosing to any person not expressly listed above.
If the youth is 12 years of age or older, DCFS must defer to the youth's wishes if they want to personally inform their parent or legal guardian.
If the youth is 12 years of age or older and has consented to the test, the sharing of their HIV test results can only be done with written consent from the youth or with a court order.
For youth who are 12 years of age or older who refuse or who are not competent to make medical decisions, a court order may be sought for testing, disclosure and treatment.
NMDs have the same legal decision making authority as any other adult, which includes invoking privacy regarding their medical conditions and consenting to receive treatment. In all cases, written consent must be obtained from the NMD to share his or her HIV/AIDS information. A court order may be sought when the NMD is not competent to make medical decisions for testing, disclosure and treatment.
For incompetent adults, a Probate Code Section 3200 petition is required to provide medical treatment.
A signed DCFS 450 or DCFS 451 must be on file for each person to whom HIV/AIDS information is to be released. The signature of one parent of a child under 12 years of age is sufficient to provide valid consent, as long as that parent is legally permitted to do so. When the release of HIV/AIDS information that was not previously authorized is now needed, a new written consent must be obtained.
Written consent or a court order is required prior to disclosing HIV/AIDS information to an out of home caregiver or group home administrator.
When the CSW seeks a court order for testing, the CSW should request authorization from the court to share the results with those parties that need to know (e.g., caregiver, etc.). If the child/youth's HIV/AIDS status is known and consent for testing is not needed, then the CSW needs to obtain written authorization to share the information provided by the parent, legal guardian, or the child/youth, if 12 years or older. If written authorization cannot be obtained, a court order should be sought.
The CSW must not to release HIV/AIDS status information to a child's/youth's school. All school personnel are expected to use Universal Precautions during any medical emergency.
One or more of the following conditions must exist to obtain a court order for disclosure of HIV/AIDS information:
A child is 11 years of age or younger and their parent's/legal guardian's whereabouts are unknown (despite reasonable efforts by DCFS to locate them).
The parent/legal guardian has refused to give authorization for disclosure.
A youth who is 12 years of age or older is incompetent to give authorization.
A youth who is 12 years of age or older refuses to give authorization for disclosure.
In cases in which a youth refuses to provide authorization, and only when DCFS believes there is a compelling reason to disclose against the youth's wishes.
The disclosure of HIV/AIDS information must be made to prospective adoptive parents and documented in the AD 512 during the adoptive placements. Written consent for youth 12 years of age or older, or a court order to disclose the information must be on file prior to disclosing the information, even if the prospective adoptive parents have been the out-of-home caregiver.
Discussing HIV Testing with a Youth and his/her Parent(s)/Legal Guardian(s)
CSW Responsibilities
Consult with the PHN and obtain a referral to a Medical Hub or certified testing location and provide to the youth, parent(s) or legal guardian.
If the child or parent have immediate questions before going to the testing location, consult with SCSW and PHN prior to discussing any of the following issues:
The person who performs the HIV test will discuss all the following issues with the child and/or parent.
An overview of HIV infection, AIDS disease, the importance of early detection and the need to seek counseling and medical support if there is a positive test result.
When there is a positive HIV test, or when a sexually active youth has been tested for HIV, post-test counseling will be made available by the testing physician.
How to cope and live with HIV/AIDS and the lifestyle changes that may be necessary (e.g., long-term medication use, consistent application of universal precautions, need for a healthy diet and an exercise program).
Possible discriminatory actions that may occur upon disclosure of HIV test results to insurance companies, employers/co-workers, schools, placements and/or friends/neighbors.
Provide the parent/legal guardian/youth with information regarding who will need to be informed of the youth's health status.
Results of the HIV test and any diagnosis must be given to the child's DCFS CSW. The CSW may provide this information to the child's:
Document all contacts with the youth/parent(s)/legal guardian(s), physicians and/or collateral contacts in the Contact Notebook.
Obtaining HIV Testing Authorization
CSW Responsibilities
When an infant, 0-12 months old is newly detained, indicate, in Section II of the Medical Hub Referral Form any known or potential HIV/AIDS information regarding the biological mother. Include any known HIV risk factors for either of the infant's parents. Factors include, but are not limited to:
The infant's parent has a history of behavior that places the parent at an increased risk of exposure to HIV, such as:
Sexual activities involving exposure to the blood or semen of an infected person.
Sharing needles used for intravenous (IV) injections.
Tattooing and body-piercing with infected persons.
Maternal transmission (i.e., from an infected mother to her fetus during pregnancy, birth or breast feeding).
Blood or blood products.
Transfusions or organ transplants during the period from 1978 to June of 1985.
The infant is a victim of sexual abuse that places the infant at risk of exposure to HIV.
Upon receipt of the Medical Hub/DCFS Infant HIV Test-Request/Authorization FAX form from the child's Medical Hub physician, discuss with the SCSW and confirm the following:
All of the criteria for consent for HIV Testing have been met
Efforts made to locate the parent have been unsuccessful and documented in CWS/CMS.
Document both the discussion with the SCSW and that written consent was provided to the infant's physician per the instructions for "Documenting and Filing HIV/AIDS Information".
If the child is between 12 months and 11 years old, seek authorization from the child's parent/legal guardian and confirm that the child meets the criteria for testing.
Collaborate with the PHN and jointly discuss with the child's parent or legal guardian the reasons why HIV testing would benefit the child and clarify or remind the parent why obtaining an early diagnosis of HIV infection is in the child's best interests.
If the parent or legal guardian is not available or refuses to provide consent for HIV/AIDS testing, seek court authorization for HIV testing.
If the youth is 12 years of age or older, is competent to give informed consent, and the youth meets the criteria for testing, seek authorization from the youth for their HIV testing.
If the youth 12 years of age or older, has not requested HIV testing, discuss with the youth the reasons why HIV testing would be beneficial and why obtaining an early diagnosis of HIV infection is in their best interests. Advise the youth of their right to consent to testing and receive treatment services.
Arrange for a joint meeting with a PHN, if beneficial.
Complete and process the DCFS 450, per the instructions included on the form.
Discuss with the parent/legal guardian/youth why the individuals specified in Section III of the DCFS 450, need to know the results of the test and request that they sign and date the: "Consent Signature for Disclosure" line in this Section.
The CSW may act as the witness of the parent(s)/legal guardian signature of the DCFS 450.
If the parent/legal guardian is not willing to sign the DCFS 450, if appropriate, move to obtain a court order.
Sections I and II are to be completed after the youth has had an opportunity to have all their questions answered by the physician.
If applicable, provide the parent/legal guardian the original form and a self-addressed stamped envelope and instruct them to give the form and the envelope to the physician/health care provider.
If applicable, provide the parent/legal guardian with the name, address, and phone number of the child's physician for completing Sections I and II of the DCFS 450.
Provide transportation access as needed (SFA funds, bus passes/tokens, or personally transport the child.
Meet with the SCSW about how to handle case materials and documents (including whether testing was performed), all documentation related to testing, diagnosis and related services, and to whom the information can be released.
SCSW Responsibilities
Meet with the CSW to discuss confidentiality protocols for handling case materials, documents related to HIV/AIDS (including whether testing was performed), all documentation related to testing, diagnosis and related services, and to whom the information can be released.
Obtaining Court Authorization for HIV Testing
CSW Responsibilities
Seek court authorization if the child's/youth's physician states that HIV testing is recommended, the child/youth meets the criteria for testing and any one of the following is met:
The child is 11 years of age or younger and the parent's or legal guardian's:
Whereabouts are unknown (and the CSW has, despite reasonable efforts, been unable to locate them).
Are unable to meet with the child's physician.
Refused to give authorization for HIV testing.
The youth is age 12 years of age or older and (s)he is not competent to give their own consent.
Competency is determined by the youth's physician.
Submit a DCFS 4225 to the court and check the box next to the Request for Authorization for HIV/AIDS Testing.
Send the completed DCFS 4225 and any supporting documentation (e.g., 561(a) or 4158-2) to the Juvenile Court Services in a sealed envelope with the notation: "Attention: Juvenile Court Services Liaison Office, Confidential Material Enclosed".
The child's name, court date, case number or court number must not appear on the envelope.
Either upon notification from the Juvenile Court Liaison or upon receipt of a copy of the DCFS 4225, signed by the Hearing Officer, contact the child's physician and arrange for the test to be performed.
Meet with the SCSW about how to handle case materials and documents (including whether testing was performed), all contacts related to testing, diagnosis and related services, and to whom the information can be released.
SCSW Responsibilities
Meet with the CSW to discuss confidentiality protocols for handling case materials, documents related to HIV/AIDS (including whether testing was performed), all contacts related to testing, diagnosis and related services, and to whom the information can be released.
Placing a Child Diagnosed with HIV/AIDS
CSW Responsibilities
Utilize the same placement priorities for placing children with HIV/AIDS as for all other children.
Complete and submit a Level of Care (LOC)/Specialized Care Increement (SCI) rate request, for replacements. (For initial placements, the request is automatic, thus no referral is needed.)
Consult with the PHN to obtain assistance in:
Contacting the child's physician to determine if the child has special health care needs, after obtaining a medical release of information allowing the PHN to gather information.
Providing input to determine the appropriate LOC/SCI the caregiver should receive.
Complete the DCFS 280 and in the "Priority #1 Placement" checklist, specify the information to be considered when assessing for a potential placement and child-caregiver match. Check the: "Other (Specify)" check-box and insert the following language: "body fluid precautions".
Submit the completed DCFS 280 to the TA/EW and obtain a list of potential placements.
If there is difficulty locating a placement, contact the MCMS Unit during business hours, or the Accelerated Placement Team (APT), outside of business hours. Emergency and after-hours placements of children known or reasonably suspected to have HIV/AIDS must utilize emergency shelter care resources.
While interviewing a prospective caregiver, if the child has or it is reasonably suspected they have HIV/AIDS, advise the prospective caregiver verbally of the child's exact HIV/AIDS status without revealing the child's name:
Diagnosed as HIV-positive
Test results are pending or inconclusive
Known or believed to have been exposed (but not yet tested)
Obtain informed consent from the caregiver prior to placement if the child has or it is reasonably suspected (s)he has HIV/AIDS.
Inform the prospective caregiver that the foster care payment for a child with HIV/AIDS will be the LOC/SCI as determined by the LOC Unit.
Advise the caregiver that if a child is placed with a higher LOC and/or SCI rate on the basis of reasonably suspected HIV/AIDS but it is later determined by the testing physician that the child does not have HIV/AIDS, the payment will be changed to the appropriate rate.
In all placement related documents, use the language: "body fluid precautions". Do not reference HIV or AIDS.
Upon initial placement and with every placement change (including reunification) provide the new caregiver with a copy of the DCFS "Universal Precautions" instructions (Attachment A)
Upon medical confirmation that the child is HIV-positive or has AIDS, contact the MCMS Unit and consult with the Medical Placement intake Coordinator to determine if the case qualifies to be transferred to the MCMS.
PHN Responsibilities
Upon request, consult with the CSW to determine if the case qualifies to be evaluatedfor transferred to the MCMS Unit.
Obtain all necessary information regarding the child's HIV/AIDS status from the CSW.
Contact the child's physician and obtain their instructions regarding the child's HIV/AIDS status, and any special health care needs and/or placement requirements.
As requested, provide input to the LOC Unit towards the completion of the LOC/SCI assessment, which includes the LOC Unit's completion of the DCFS 1696.
Locating Resources for HIV/AIDS Testing and Services
CSW Responsibilities
As necessary, assist the child's parent/guardian or caregiver in locating resources for information, education, testing, counseling, legal and medical services or any other services related to the child's HIV/AIDS status. Resources should be located as close to the caregiver's home as possible.
Consult with the PHN, to locate appropriate resources. The PHN can verify if the child is enrolled in Los Angeles County Public Health Department's California Children Services (CCS) and if not, the PHN can assist the CSW in facilitating theCCS referral on the child's behalf.
Enrolling a DCFS Supervised Child in a Clinical Trial
CSW Responsibilities
For more information on clinical trials and consent protocols click here.
When the child/youth's physician recommends that the child/youth participate in a clinical trial, notify the parent/guardian/conservator or competent youth over 12 years of age and:
Assist in arranging a meeting between the clinical trial Principal Investigator and the parent/guardian/conservator or competent youth over 12 years of age for consultation and/or consent.
Request participation of the child's Medical Team (medical provider, PHN, CSW, SCSW, MCMS staff) in the meeting with the clinical trial Principal Investigator.
Attend the meeting.
Review the clinical trial consent form.
Ask questions to clarify:
The trial protocol
Transportation needs
Possible emergencies due to side effects
Request a copy of the consent form containing the parent/guardian/conservator or competent youth over 12 years of age signature and place in the child/youth's case file.
If the parent/guardian/conservator or competent youth over 12 years of age is not available, or refuses to consent, seek authorization from the court per the following instructions:
Submit a DCFS 4225, to the court addressing the following:
In the "Recommended Treatment" section, describe as specifically as possible, the child/youth's medical status, the clinical trial and the potential beneficial, as well as, negative outcomes for the child/youth. Include the name and telephone number of the clinical trial contact person and/or Principal Investigator.
In the "Child's Parent(s)" section, write "See Attached" and attach a second page containing the italicized language below to request authorization for the child/youth's participation in a clinical trial.
"It is respectfully requested that the Court authorize {insert child/youth's name}'s participation in the herein described clinical trial for HIV/AIDS treatment. The child/youth's physician {insert name} has recommended that the child/youth participate in this clinical trial and the Principal Investigator, {insert name} has determined that this child is an appropriate candidate. Further, it is requested that the physician and Principal Investigator be authorized to disclose the child/youth's participation in and response to the said treatment to the child's/youth's CSW and that the CSW be authorized to disclose the child/youth's participation in and response to the said treatment to the child's/youth's attorney, birth parents (unless their parental rights have been terminated), legal guardian, out-of-home care providers (if any), prospective adoptive parents (if any), and any licensed physician, dentist or mental health practitioner who is providing professional services to the child/youth, the nature of which creates a legitimate need to know the child/youth's participation in and response to the said treatment in order to serve the child's/youth's best interests."
Attach an explanatory letter from the physician and a copy of the clinical trial consent form.
Send the completed DCFS 4225 and all attachments to the Juvenile Court Liaison Office in a sealed envelope with the notation: "Attention: Juvenile Court Services Liaison Office, Confidential Material Enclosed."
Do not put the child's name, court date, case number or court number on the envelope.
Releasing HIV/AIDS Information without Written Authorization or a Court Order
CSW Responsibilities
Obtain SCSW approval before releasing HIV/AIDS information to:
Person tested
Legal Representative or person authorized to consent to the test:
Parent (unless parental rights are terminated) or legal guardian or; a youth 12 years of age or older does not want DCFS to disclose to the parents.
Court
Conservator of the person tested
Discuss the importance of disclosing HIV/AIDS information to the persons listed above with:
Parent(s) of child under12 years old
Youth 12-17 years old
If a youth, 12 years of age or older refuse to provide written authorization, obtain a court order.
Document all contacts in the CWS/CMS Contact Notebook.
SCSW Responsibilities
Upon request, or as needed, review and approve the release of HIV/AIDS information to appropriate parties.
Releasing HIV/AIDS Information with Written Authorization
CSW Responsibilities
Consult with the SCSW and determine whether disclosure of a child/youth/NMD's HIV/AIDS status to the applicable person is appropriate or necessary.
Upon determination that the disclosure is appropriate or necessary discuss the importance of disclosing HIV/AIDS information to the applicable person and the required written authorization with the:
Parent(s) of a child (under 12 years old).
Youth 12 years of age or older or an NMD.
If a legally competent youth 12 years of age or older refuses or is unable to provide a written authorization, obtain a court order.
Obtain the required written consent to disclose HIV/AIDS status as follows:
From the parent /guardian/conservator of a child under 12 years of age or legally incompetent youth under 18 years of age:
Obtain the parent/guardian/conservator signature in Section III of the DCFS 450.
From a legally competent youth 12 through 17 years of age:
Obtain the signature of the youth in Section III of the DCFS 451.
From a NMD or a nonminor participating in EFC:
Obtain the signature of a nonminor on the DCFS 6010. Ensure that the box pertaining to release of HIV/AIDS information is checked.
As applicable, complete file and submit the DCFS 450 or DCFS 451 form per the instructions included with the form.
If a youth, 12 years of age or older refuse to provide written authorization, obtain a court order.
Document all contacts in the CWS/CMS Contact Notebook.
SCSW Responsibilities
Upon request, or as needed, review and approve the release of HIV/AIDS information to appropriate parties.
Releasing HIV/AIDS Information to an Out-of-Home Caregiver, Group Home Administrator, or School
SCSW Responsibilities
Upon request, or as needed, review and approve the need to request a written authorization and/or release of HIV/AIDS information to appropriate parties.
Review the DCFS 709 for the use of appropriate language regarding HIV/AIDS status prior to signing the form.
CSW Responsibilities
When searching for a placement, ensure that written consent or a court order for disclosure of HIV/AIDS status is in the case file prior to discussing the child/youth/NMD's condition with a potential caregiver.
If there is no written consent or court order on file, attempt to obtain one as soon as possible prior to disclosing the information.
If an attempt or efforts have been made and the written consent or court order cannot be obtained in time to coordinate the care of the child/youth, discuss the child/youth's condition with the caregiver/group home administrator.
As soon as possible thereafter, obtain the required written consent, and if unable to do so, obtain a court order for future sharing/disclosure.
At initial placement of the child/youth:
Complete and discuss the DCFS 709 with the caregiver.
Complete the required placement agreement form and enter the phrase, "body fluids precautions" as appropriate.
Do not inform the school of the child/youth/NMD's HIV/AIDS status.
Do inform the school of any restrictions on activities prescribed by the child/youth/NMD's physician.
Provide the school nurse with any medications that must be dispensed during the school day.
Document all contacts in the CWS/CMS Contact Notebook.
Releasing HIV/AIDS Information in an Emergency
CSW Responsibilities
Inform the appropriate parties to use Universal Precautions for protection from blood borne pathogens.
Inform all parties to whom the child/youth/NMD's, parent's, or sibling's known or suspected HIV/AIDS status has been disclosed that they may not further disclose this information, except in an emergency.
Document all contacts in the CWS/CMS Contact Notebook.
Obtaining a Court Order for Release of HIV/AIDS Information
CSW Responsibilities
Consult with the SCSW and obtain approval to petition the court for authorization to release HIV/AIDS information.
Complete an "Ex Parte Application and Order" using a CWS/CMS template that, for confidentiality, has been saved as a Word document. Do not save to the CWS/CMS Database.
Under the headings listed below, enter the suggested language indicated.
Reason for Application:
"Request to seek authorization to disclose life threatening disease status."
Reason for Recommendations:
"Court authorization is requested because" (state the reason(s) why it is necessary to make the disclosure and name the individual(s) to whom the information is to be released).
Recommendations:
"It is respectfully recommended that the Child/youth's CSW be authorized to disclose the life threatening disease status of" (insert child/youth's name, the name of the person(s) to receive the information and his/her relationship to the child/youth).
Photocopy the completed report (make enough copies for all parties in the matter).
Staple together, the original signature page of the report and a copy of the signature page.
Place the stapled signature set along with the other report copies and a completed DCFS 4153 in a manila envelope and seal it.
Label the envelope, "Attention: Juvenile Court Services Liaison Office, confidential material enclosed." Do not place the child/youth/NMD's name, case number, court date or court number on the outside of the envelope.
Send the envelope to the Juvenile Court Services (JCS) Liaison Office per standard procedures.
Obtain the court date from Juvenile Court Services and notice all parties.
Documenting and Filing HIV/AIDS Information
CSW Responsibilities
Do not enter HIV/AIDS information into CWS/CMS or the child/youth/NMD's Health & Education Passport (HEP). HEPs are attached to court reports and distributed to various parties including minor's counsel, parents and caregivers.
Document all contacts in the CWS/CMS Contact Notebook. Documentation must safeguard the confidentiality of the HIV/AIDS information by adhering to the following instructions:
Only the following information is permitted to be documented in CWS/CMS:
Select the box for Sensitive Health and Medical Information located at the top of the Summary Page in the Health Notebook.
In the Summary of Health Condition box enter the following language: "life threatening illness" as it applies to the child/youth/NMD, their parents/legal guardians and or siblings.
All other case information that makes reference to the fact that a child/youth/NMD, their parents/legal guardians and/or siblings have any HIV/AIDS involvement must remain confidential.
To ensure confidentiality when electronically documenting HIV/AIDS related information, do not save to the CWS/CMS Database. Always save outside of CWS/CMS on your computer's hard drive as a Word document.
Manually document HIV/AIDS related information in the DCFS case file as appropriate.
Label a 9x12 manila envelope: "Privileged/Confidential Information."
File all HIV/AIDS related documents in the: "Privileged/Confidential Information" envelope and use as many envelopes as necessary. These documents include, but are not limited to:
Placement Agreement form
DCFS 450, 451, DCFS 6010,709, AD 512
Medical, dental, psychological reports
Court petitions, reports
Computer flash/thumb drives
Other documents referencing a child/youth/NMD's HIV/AIDS status.
Documents that contain the phrases that are commonly used to allude to the presence of HIV/AIDS such as, "bodily fluid precautions" or "highly contagious life threatening illness."
Close, fasten securely and file the envelope in the Medical Folder of the Master Case. Add additional HIV/AIDS related documents to the envelope as necessary. Close and secure it each time.
Submitting HIV/AIDS Information to Court
CSW Responsibilities
Do not reference HIV/AIDS related information in court reports and/or petitions.
Do not specify the HIV status of the child/youth/NMD, their parent(s)/legal guardian(s) or sibling(s) in any court reports or petitions.
Do not include any reference that the CSW plans to authorize, has authorized; plans to seek or has sought written consent or court authorization for HIV testing or disclosure of HIV/AIDS status.
Use non-specific language when referring to HIV/AIDS related information in court reports and or petitions. The phrase "life-threatening illness" will inform the court of the child/youth/NMD's needs without violating any one's right to privacy.
If referencing HIV/AIDS information cannot be avoided proceed as follows:
Place any documents or reports that refer to HIV/AIDS status of a child/youth/NMD, their parent(s) legal guardian(s) or sibling(s) in a sealed envelope.
Address the sealed envelope to the Hearing Officer. Include the Hearing Officers name, Department number and an "Attention" line stating: "Confidential Material Enclosed".
Include the sealed envelope in the package with the court report and send to court per standard procedures.
Family Code Section 6926(a)(b) – Outlines the rights and responsibilities of a youth who is 12 years of age or older regarding consent to medical care related to the diagnosis or treatment of HIV/AIDS.
HSC Section 120980 – Provides information regarding penalties for negligently, willfully or maliciously disclosing HIV test results of an identified person and; penalty for disclosure that results in economic, bodily or psychological harm of an identified person. Provides definitions regarding written consent and disclosure.
HSC Section 120990(c) – States in part that except as provided in subdivision (a), no person must administer a test for HIV infection unless the person being tested or his or her parent, guardian, conservator, or other person specified in Section 121020, which may be provided orally or in writing.
HSC Section 121010 (a-e) – Provides a listing of who may receive results of an HIV/AIDS test without written consent.
HSC Section 121020 – Provides a listing of who may consent to HIV/AIDS testing on behalf of a person not competent to consent on their own. Includes circumstances under which a CSW may provide written consent for infants under twelve (12) months of age. Also addresses obtaining court authorization.
Welfare and Institutions Code (WIC) Section 369 (a) – States under what circumstances the CSW may authorize medical care for a child in temporary custody and states the requirements for notification of the child's parent/guardian, and for court approval if parent/guardian objects.
WIC Section 369 (b) – States the requirements that must be met prior to court authorization of medical treatment for a child for whom a petition has been filed.
WIC Section 369 (c) – States the requirements that must be met prior to court order allowing the CSW to authorize general medical treatment for a child whom the court has placed into the care and custody of DCFS.
WIC Section 369 (d) – States the circumstances and requirements under which a child falling within WIC 369(a)(b)(c) who requires immediate emergency medical care may have treatment with CSW authorization and without a court order.
WIC 369(h) – States that dependent youth, 12 years of age or older, have the right to consent to and receive health and mental health services including treatment of infectious, contagious, or communicable diseases. Additionally, the CSW is authorized to inform the youth of his or her right to consent to and receive those health services, as well as to provide the youth with access to age-appropriate, medically accurate information about sexual development, reproductive health, and prevention of unplanned pregnancies and sexually transmitted infections.
WIC Section 827 – Addresses confidentiality of Juvenile Court case files and lists who may inspect the case file and under what circumstances the case file may be inspected.
WIC Section 16001.9(a)(26) – States that dependent youth, 12 years of age or older, have the right to have access to age-appropriate, medically accurate information about the prevention and treatment of sexually transmitted infections.
A non-specific file number generated by the Emergency Response Command Post (ERCP) identifying a placement case that is transferred from ERCP directly to a regional Family Maintenance and Reunification (FM&R) or generic (G) file.
Los Angeles County Department of Mental Health's (DMH) 24 hour, 7 (seven) day a week hotline: Emergency psychiatric services are coordinated through ACCESS. ACCESS offers information regarding all types of mental health services available in Los Angeles County. CSWs may request a joint response with FRO by contacting ACCESS at (800) 854-7771.
The term includes physical injury or death inflicted upon a child by another person by other than accidental means, sexual abuse as defined in Section 11165.1, neglect as defined in Section 11165.2, unlawful corporal punishment or injury as defined in Section 11165.4, or the willful harming or injuring of a child or the endangering of the person or health of a child, as defined in Section 11165.3, where the person responsible for the child's welfare is a licensee, administrator, or employee of any facility licensed to care for children, or an administrator or employee of a public or private school or other institution or agency. 'Abuse or neglect in out-of-home care' does not include an injury caused by reasonable and necessary force used by a peace officer acting within the course and scope of his or her employment as a peace officer.
The team is made up of former RUM (Resource Utilization Management) staff who have experience in finding placement for high risk/needs children. APT Specialist CSWs can assist Regional CSWs expedite the process in finding placement/replacement after hours and/or when all other efforts have been unsuccessful.
Active investigation means the activities of an agency in response to a report of known or suspected child abuse. For purposes of reporting information to the Child Abuse Central Index, the activities shall include, at a minimum: assessing the nature and seriousness of the known or suspected abuse; conducting interviews of the victim(s) and any known suspect(s) and witness(es) when appropriate and/or available; gathering and preserving evidence; determining whether the incident is substantiated, inconclusive, or unfounded; and preparing a report that will be retained in the files of the investigating agency.
A mandatory statewide program that provides financial support to families in order to facilitate the adoption of children who would otherwise be in long-term foster care. The intent of this program is to remove limited financial resources as a barrier to adoption.
State licensed adoption practitioners who are authorized to help the adopting family in obtaining consents from birth parents in non-relative independent adoption.
An order/decision which is contrary to a DCFS recommendation and which DCFS believes, if carried out, will jeopardize the safety of a child; and an order/decision which adversely affects the administrative and/or operational functioning of DCFS. This includes, but is not limited to, orders, which are contrary to DCFS policy and/or state or federal regulations; and/or, penalizes DCFS for the actions or inaction of a CSW and/or DCFS.
CSW is requesting a ruling on the warrant on a weekend, holiday, or during non-court hours. (Same as expedited but the matter cannot wait until the next court day for a ruling.)
The adoption of a child in which DCFS is a party to or joins in the petition for adoption. DCFS has custody of the child and approved the applicant assessment (adoption home study).
Foster care financial assistance paid on behalf of children in out-of-home placement who meet the eligibility requirements specified in applicable state and federal regulations and laws. The program is administered by DCFS.
An identified or unidentified man who: could be or claims to be the father of the child; or is claimed by the birth mother to be the child’s father; or is identified on the child’s birth certificate prior to January 1, 1997 and does not meet the definition of a presumed father.
Benefits equal to the rate that a Regional Center vendorized home receives for a child that requires the same level of care. These rates are established by the California Department of Development Services and only available for the foster care and Adoption Assistance Benefits (AAP) set prior to the establishment of the dual agency rate.
A hearing in which the court has ordered all affiliated parties to appear to address a matter before the court.
Appellate review refers to the power of a higher court to examine the decision or order of a lower court for errors. Appellate procedure consists of the rules and practices by which appellate courts review trial court judgments. Appellate review performs several functions, including: the correction of errors committed by the trial court, development of the law and precedent to be followed and anticipated in future disputes, and the pursuit of justice.
This is the term used for an agency adoption to determine AAP eligibility.
An assessment usually conducted by a child welfare of adoption agency of the suitability of a prospective adopting family prior to an adoptive placement.
A motion for rehearing or reconsideration seeking to alter or amend a judgment or order.
A family participating in DPSS CalWORKs
When a report has been made about a child alleging abuse and/or neglect and the child's sibling(s) are also at risk of abuse and/or neglect.
A foster parent, relative or nonrelative extended family member (NREFM) who has applied to adopt the child residing in his or her care. S/he is considered to be "attached" to the child because of an existing relationship.
Disease-carrying microorganisms that may be present in human blood. These pathogens include, but are not limited to, hepatitis B and C virus (HBV and HCV) and human immunodeficiency virus (HIV). Depending on the disease, they may be transmitted by direct skin contact to blood, semen, and vaginal secretions. Feces, urine, vomit, sputum, and nasal secretions may be infectious only if they also contain blood.
A redeemable certificate used as a substitute for currency. Transit companies other than the Metropolitan Transit Authority (MTA) issue bus passes.
A permit or authorization to ride at will, without charge. Passes are valid for the current month. Transit companies other than the MTA issue bus passes.
A piece of metal used as a substitute for currency.
California's food stamp program
California Statewide Automated Welfare System. The California Statewide Automated Welfare System (CalSAWS) Project and Consortium is the automated welfare business process in California which will serve all 58 California counties by 2023. The implementation of CalSAWS will merge California’s most recent three (3) county-level consortia welfare systems and will support six (6) core programs: California Work Opportunity and Responsibility to Kids (CalWORKs), Supplemental Nutritional Assistance Program (SNAP) known as CalFresh in California, Medi-Cal, Foster Care, Refugee Assistance, and County Medical Services. It encompasses the following functions: eligibility determination, benefit computation, benefit delivery, case management and information management. CalSAWS is replacing the LEADER Replacement System (LRS), which replaced LEADER (Los Angeles Eligibility, Automated Determination, Evaluation, and Reporting) and sixteen (16) other legacy systems in 2016.
A system to determine if the subject of an inquiry by DCFS, law enforcement, the District Attorney or any other appropriate inquiring agency possesses a criminal record. DCFS may only request a CLETS clearance when related to child protective services issues.
California Regional Centers are nonprofit private corporations that contract with the State Department of Developmental Services (DDS) to provide or coordinate services and supports for individuals with developmental disabilities.
CalWORKs is a welfare program that gives cash aid and services to eligible needy California families. The program serves all 58 counties in the state and is operated locally by county welfare departments. If a family has little or no cash and needs housing, food, utilities, clothing or medical care, they may be eligible to receive immediate short-term help. Families that apply and qualify for ongoing assistance receive money each month to help pay for housing, food and other necessary expenses.
The child's parent has been incarcerated, hospitalized or institutionalized and cannot arrange for the care of the child; parent's whereabouts are unknown or the custodian with whom the child has been left is unable or unwilling to provide care and support for the child.
Parent or guardian's mental illness, developmental disability or substance abuse. The child's parent or guardian is unable to provide adequate care for the child due to the.
The non-accidental commission of injuries against a person. In the case of a child, the term refers specifically to the non-accidental commission of injuries against the child by or allowed by a parent(s)/guardian(s) or other person(s). The term also includes emotional, physical, severe physical, and sexual abuse as defined in CDSS MPP Section 31-002(c)(9)(D).
The CACI is a system that allows Children's Social Workers to access in written form to any child abuse records of individuals through the Department of Justice (DOJ) listing names and other identifying information compiled from child abuse reports submitted to DOJ by mandated child abuse reporting agencies which maintain information regarding allegations of abuse and/or neglect. This is primarily utilized to evaluate relative and nonrelative extended family members as prospective caregivers.
California’s version of the federal health care program called Early and Periodic Screening, Diagnosis and Treatment (EPSDT). It provides comprehensive medical, mental health and dental diagnostic and treatment services for all Medi-Cal eligible persons aged newborn to 21 years who request them. States are required to inform the families of eligible children about CHDP; assist with referral and transportation to providers; and, follow-up to ensure that necessary diagnostic and treatment services are provided.
Includes the intentional touching of the genitals or intimate parts or the clothing covering them, of a child, or of the perpetrator by a child, for purposes of sexual arousal or gratification. This does not include acts which are reasonably construed to be normal caretaker responsibilities, demonstrations of affection for the child, or acts performed for a valid medical purpose.
A general term for a device that can be installed in a vehicle and is designed to restrain, seat, or position children who weigh 50 pounds or less.
A group of individuals, as identified by the family, and convened by DCFS, who are engaged through a variety of team-based processes to identify the strengths and needs of the child or youth and his or her family, and to help achieve positive outcomes for safety, permanency, and well-being.
CFT Meetings are structured, guided discussions with the family, their natural supports and other team members. The meetings are designed to specifically address the family's strengths, worries that the family, agency or team members have regarding the child's safety, permanence and well-being. The family and team members develop a plan that builds on strengths, meets needs and considers the long-term views.
The term "child’s attorney" refers to the Children’s Law Center of Los Angeles (CLC) attorneys as well as the Los Angeles Dependency Lawyers (LADL) attorney appointed to represent the child in dependency proceedings. In addition, the term also refers to a paralegal, social worker or any other person working for that attorney. This also includes a youth’s delinquency attorney.
A non-profit corporation whose attorneys represent children in dependency court matters.
Support staff responsible for providing required notification to the child’s attorney, as detailed in a blanket minute order issued by the Presiding Judge of the Dependency court.
Collateral contacts are individuals or agencies with information that can assist the CSW in understanding the nature and extent of the alleged child abuse/neglect and in assessing the risk to and safety of the children. Collateral Contacts include professionals working with the child or parent and have regular contact with the family. Examples include: teachers, parole officers, physicians, DPSS, DMH, therapists, hospitals, and probation.
Sexual activity involving a minor under the age of eighteen (18) in exchange for something of value (i.e., food, shelter, money). [See PEN sections 11165.1(d)(2) and PEN 236.1(c)]. Exploitation includes instances when a minor exchanges sexual acts with a “John/date” even when there is no known trafficker/pimp; Examples of CSEC: Internet-based exploitation, pornography, stripping, erotic/nude massage, escort services, private parties, interfamilial pimping, child being exploited on the streets. CSE is a form of child abuse that mandated reporters must call in to the Child Protection Hotline for each new incident/episode. This includes reporting new AND repeated incidents of CSE on open cases.
The division within the California Department of Social Services (CDSS) responsible for licensing foster care facilities, i.e., foster family homes, foster family agencies, group homes and small family homes. Additional responsibilities include investigating any reported incident of child abuse, neglect or exploitation in such facilities and/or violations of licensing standards.
Offers counseling, nutrition classes, drug education and counseling, parenting classes, pre-natal care, continuing education, pre-employment training, family planning, group outings, and aerobic and weight training classes
Questions that may confuse a young child because they reference more than one response option. For example, 'Is it right or wrong to lie?'; 'Is your shirt green or yellow?'; 'Would your mom give you candy or punish you if you told a lie?'
Lowered resistance to infection.
Concurrent Planning aims to support timely permanence for children. Safe reunification is DCFS' first priority, but in the event that this is not possible, Concurrent Planning ensures that the identification of an alternative placement plan for children who cannot safely return home is in place from the beginning. Working with a labor/management group, the department implemented changes to Concurrent Planning which support the safety and permanence for children and families from the first day they enter out-of-home care. These system changes include focusing on identifying relatives and siblings and developing 'resource families' who are committed to working toward reunification and providing legal permanence if safe reunification is not successful. Concurrent Planning also engages families and draws on their strengths and uses ongoing assessments and case planning.
An 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.
Adoption petition was filed by the court and stamped with the filing and the action number.
Placement of a child six years and younger in a group home prior to the Disposition Hearing due to a special need for an in-depth evaluation that can only be completed in a "congregate care" facility. The placement cannot be more than 60 days unless and extension of the placement is included in the case plan and approved by the ARA. The child’s total time spent in the placement shall not exceed more than 120 calendar days.
When a party to a lawsuit needs to postpone a matter that has been calendared for a hearing or trial, the proper procedure is to apply to the court for a continuance (postponement to a later date).
CPM is a shared model of practice developed to better integrate services and supports for children, youth and families. The model emphasizes child-centered, family-based practice to identify strengths/needs, collaborative case planning and decision making that considers the long-term view for the family, and development of a support network (team) that will continue to be available to the family even after termination of formal services. The five key practice domains include Engaging, Teaming, Assessing, Planning & Intervening and Tracking.
An officer of the court who advocates the individual needs and best interests of a child, and provides the court with written recommendations. Persons serving as CASAs are generally community volunteers who participate in a training program, after which they are appointed as an officer of the court to advocate on behalf of a child(ren). CASAs are also referred to as Child Advocates or Guardians Ad Litem (GAL).
Refers to the parent with whom the child(ren) reside(s) (i.e., the parent with physical custody or primary physical custody).
Licensed clinician who provides assistance to CSW in identifying and assessing the needs of children with special needs by ensuring that the caregiver's home meets the child's needs and that all children having special needs have those needs met in accordance with the provisions of the Katie A. settlement agreement.
A deficiency is considered any failure to comply with any provision of the Community Care Facilities Act and/or regulations adopted by DCFS or the California Department of Social Services (CDSS) Community Care Licensing Division.
Developmental delay refers to infants and toddlers having a significant difference between the expected level of development for their age and their current level of functioning. (DCFS Glossary)
A disability that originates before an individual attains age 18 years, continues or can be expected to continue, indefinitely, and constitutes a substantial disability for that individual. The term includes mental retardation, cerebral palsy, epilepsy, and autism. It also includes disabling conditions found to be either closely related to mental retardation or to require treatment similar to that required for individuals with mental retardation, but shall not include other handicapping conditions that are solely physical in nature.
Services 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.
Involves a child who came to the United States for the purpose of adoption through the intercountry adoption process but entered foster care prior to finalization of the adoption regardless of the reason for the foster care placement. The disruption occurs after a child enters the United States under guardianship of the prospective adoptive parents or an adoption agency with a visa for the purposes of completing the adoption process domestically. The disruption must be reported even if the child's plan is reunification with the prospective adoptive parents and the stay in foster care is brief.
Family 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.
Welfare and Institutions Code Section 18291 (a) states that 'Domestic violence' means abuse committed against an adult or minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. Penal Code Section 13700 (b) states that "Domestic violence" means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes of this subdivision, "cohabitant" means two unrelated adult persons living together for a substantial period of time, resulting in some permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of property, (4) whether the parties hold themselves out as husband and wife, (5) the continuity of the relationship, and (6) the length of the relationship.
A child who is receiving AFDC- FC, Kin-GAP or AAP benefits and is concurrently a consumer of Regional Center services.
A web-based system used by the DHS Medical Hubs that tracks the health status of children in the child welfare system and facilitates provision of quality medical care. As part of a joint effort between DHS and DCFS, the E-mHub System accepts the electronic transmission of the DCFS Medical Hub Referral Form and returns appointment status alerts and completed examination forms, to DCFS via an e-mail notification. DCFS and DPH PHNs and PHN Supervisors have access rights to EmHub screens pertaining to the health care of children served at the Hubs. Completed examination forms may be accessed through the link in the email notification by using the SITE User ID (employee number) and Password (current password used by employee).
The EX Pass TAP Card/Sticker is a monthly pass good for MTA and local travel on twenty-four (24) different public transit carriers throughout the Greater Los Angeles region. No transfers are necessary between the EZ Pass TAP Card transit carriers.
Are characterized by severe disturbances in eating behavior. Eating disorders are divided into three categories: Anorexia Nervosa, Bulimia Nervosa, and Binge Eating.
Often seen in families where children are forced or allowed to work under certain illegal conditions outside and inside the home. This form of exploitation prohibits children from attending school and may place them in work environments that are a threat to their general health, safety and security. Although poverty may be a prime motivation for this type of exploitation, other situations may exist.
A stipend available to supplement (not replace) ILP. To qualify for this stipend, a youth must be eligible for ILP, be 18 years of age or older, and whose financial need has been verified by YDS. Current and former foster youth, as well as, Nonminor Dependents may qualify. The stipend may provide for, but not be limited to the following independent living needs: bus passes/transportation, housing rental and utility deposits and fees, education and work-related equipment and supplies, training-related equipment and supplies, auto insurance and driver’s education.
Emancipation allows a youth to be freed from the custody and control of their parents and to have many of the rights and responsibilities of an adult. There are three ways a minor may become emancipated: Get married with parental consent and permission from the court; Join the military; Go to court and have the judge declare you emancipated.
An ex-prate temporary restraining order issued by the Superior Court following a determination by law enforcement that a child is in immediate danger of abuse by a member of a child’s family or household. An EPO may exclude any parent, guardian or member of a child’s household from the dwelling of the person having the care, custody, and control of the child. EPO allow children to remain in their home while allegations of child abuse by the restrained parties are investigated and allow the non-offending parent time to seek assistance from Family Law Court. EPO expire at the close of the second day of judicial business following the day of issuance. EPO may only be extended by application to the appropriate court. See "Ex-Prate Order," "Judicial Business Hours" and "Restraining Order."
The term 'assessment' goes beyond the concept to evaluate a child's safety and risk, and to determine whether and what services are needed to ameliorate or prevent child abuse and neglect. In order to complete a thorough family assessment, any and all safety threats (as listed on the SDM Safety Assessment) that may compromise a child's safety and well-being must be thoroughly assessed, even if those safety threats were not identified on the referral as an allegation.
The term 'investigation' encompasses the efforts of DCFS to determine if abuse or neglect has occurred, if allegations can be substantiated.
"Emotional abuse" refers to nonphysical mistreatment, the results of which may be characterized by disturbed behavior on the part of the child such as severe withdrawal, regression, bizarre behavior, hyperactivity, or dangerous acting-out behavior.
CSW has good cause to request a ruling the same day the request is submitted, and intends to serve the warrant or at least make an attempt the same day it is granted.
Forcing or coercing a child into performing functions which are beyond his/her capabilities or capacities, or into illegal or degrading acts. The term also includes sexual exploitation, economic exploitation, exploitation involving illegal activities and exploitation in the home.
When assessing families that are involved in the gang culture investigate to see if children are encouraged from a young age to value gang membership (parents may be active or retired gang members), or if someone is teaching children gang signs, dress codes and affiliations and advocating membership, if adults are supporting violent behavior and criminal activities of the children.
Exploitation exists within the family household as well. A child may be selected to perform all or the majority of such parental tasks as cleaning, cooking and caring for younger siblings, including bathing, dressing, feeding and babysitting. Frequently, the child who is singled out in this manner is substituting for a parent who is absent or unable to fulfill parental responsibilities due to the parents' substance abuse and/or physical/mental disabilities.
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.
A method of bringing family members together to come up with a recommendation to the court for a safe and permanent plan for a child. If differs from the traditional child welfare case conferencing in that although the caseworker participates in an information-sharing capacity, the family and not the child welfare worker is "in charge" of the meeting and responsible to create the recommended plan. Refer to the memo dated 1/12/15 from the DCFS Chief Deputy Director, "Teaming with Families - Operational Guidelines for Moving From Team Decision Making Meetings to Child and Family Teams" located in the Director’s Page under Memos from the Chief Deputy Director and the CPM website.
In January 1991 as a result of Senate Bill AB546, we established comprehensive community-based networks and services to protect children while they remain within their homes. The primary goal of the Family Preservation approach is the safety of children in their own homes and safe return of children being reunified after periods of placement into foster care. DCFS currently works with 38 Family Preservation agencies and covers most of Los Angeles County. On average, 5,000 families are served annually. The maximum length of time services can be provided is 12 months. The average stay in Family Preservation is 9 months.
Activities designed to provide time-limited foster care services to prevent or remedy neglect, abuse, or exploitation. The child remains in temporary foster care while services are provided to reunite the family.
An on-line Structured Decision Making (SDM) tool used for identifying family strengths and needs and to assist with case planning.
The term 'first degree relative' refers to grandparents, uncles, aunts, and adult siblings.
The Foster Care Search Engine (FCSE) is a web-based system providing an interactive search mechanism using Geographic Information System (GIS) technology. The system is a tool used to identify vacant placement homes within Los Angeles County based on the children needs and well-being. Mapping capability allows for staff to view location of vacancies in proximity to schools, community boundaries and placement of siblings. The system interfaces with CSW/CMS Datamart database to maintain data integrity and provides a web-based data entry screen for Foster Family Agencies to provide specific data not available on CWS/CMS. The system is used by Children’s Social Workers (CSW) and by Technical Assistants (TA) who assists the workers in foster care placements.
A non-profit organization licensed by the State of California to recruit, certify, train, and provide professional support to foster parents.
Greater Avenues for Independence - CalWORKs services may include GAIN services (Welfare-to-Work Program). GAIN is mandatory for parents aided on CalWORKs, unless there is an exemption (e.g., parent has a child under a year old, temporary incapacity, participant is over age 65).
A portion of the cash aid being received by a CalWORKs participant is reduced when (s)he is not adhering to GAIN Program requirements.
Penal Code Section 11165.2(b) defines general neglect as the negligent failure of a person having the care or custody of a child to provide adequate food, clothing, shelter, medical care, or supervision where no physical injury to the child has occurred.
The unavailability of a preferred placement, after a diligent search has been conducted; or the desires of the Indian parent, child, or tribe; or the child’s special needs for a placement, which offers either proximity to a parent or a therapeutic program when no available preferred placement can meet these needs.
For the purpose of the adoption home study, procedures initiated on behalf of the applicant, at the applicant's request, to appeal the Department's decision when the adoption home study has been denied by DCFS. The Grievance Review Process pamphlet outlines the specific action taken by the Department when the applicant requests a grievance review hearing. In addition, grievance procedures are in place for foster parents who want to challenge the Department's decision in regards to their care and supervision of a child(ren). Foster parents who want to challenge decisions regarding their license must follow grievance procedures from the State Department of Social Services.
Refers to behaviors or factors that may increase the risk of contracting HIV/AIDS such as: sexual activities involving exposure to the blood or semen of an infected person, sharing needles used for intravenous (IV) injections, tattooing and body-piercing with infected persons, maternal transmission (i.e., from an infected mother to her fetus during pregnancy, birth or breast feeding) when the infant’s parent has a history of behavior that places the parent at an increased risk of exposure to HIV, blood or blood products, transfusions or organ transplants during the period from 1978 to June of 1985, and child is a victim of sexual abuse that places them at risk of exposure to HIV.
Harassment is unlawful violence, a credible threat of violence, or a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys, or harasses the person, and that serves no legitimate purpose. The course of conduct must be such as would cause a reasonable person to suffer substantial emotional distress, and must actually cause substantial emotional distress to the petitioner. (California Code of Civil Procedure Section 527.6 (a)(3))
An individual designated to make medical decisions on behalf of an adult if (s)he is incapable of making her/his own health care decisions. If no health care agent is appointed, when an adult has a medical emergency in which (s)he is not capable of communicating with hospital staff, the parent(s) or other relative would be asked to make decisions about medical treatment for the individual.
Passed in 2003, the Health Insurance Portability and Accountability Act (HIPAA) is designed to give patients more control over their health information, set boundaries on the use and disclosure of health information, institute safeguards to protect privacy of health information, create accountability, civil and criminal penalties, and establish a balance between individual privacy and the public good. In cases where the law of California is more restrictive than HIPAA, the State law must be followed. Conversely, if HIPAA is more restrictive than State law, then HIPAA must be followed unless there is a legal exception.
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.
A plan developed by a medical provider that assists the child/youth in developing life long practices that encourages healthy behaviors, healthy food choices and regular engagement in cardio-vascular activities.
In the context of CHDP, a child with one or more of the following conditions: A past significant medical problem or chronic illness; possible contagious disease; medication; and/or social problems (e.g., language barrier) which could conceal an unmet medical need.
The county that provides courtesy supervision for a child residing with a relative or in foster care placement whose legal jurisdiction is in another California County.
An approach to successfully connect individuals and families experiencing homelessness or housing instability to housing services without preconditions and barriers to entry such as service participation requirements.
The DCFS ICPC Unit will contact the potential host state, per existing procedures and obtain information regarding provision of services to a NMD placed in a SILP.
Shortcomings that if not corrected would have direct and immediate risk to health, safety, or personal rights of the child.
There is reasonable cause to believe that the child will experience serious bodily injury in the time it would take for the CSW to return to the office, prepare, obtain from a judge, and serve the removal order.
A report determined by the investigator conducting the investigation not to be unfounded, but the findings are inconclusive and there is insufficient evidence to determine whether child abuse or neglect, as defined in Section 11165.6, has occurred.
The adoption of a child in which neither CDSS nor an agency licensed by CDSS, such as DCFS, is a party to, or joins in, the petition for adoption.
The Lanterman Developmental Disabilities Act requires that a person who receives services from a regional center have an Individual Program Plan (IPP). Person-centered individual program planning assists persons with developmental disabilities and their families to build their capacities and capabilities. The planning team decides what needs to be done, by whom, when, and how, if the individual is to begin (or continue) working toward the preferred future. The document known as the Individual Program Plan (IPP) is a record of the decisions made by the planning team.
Those individuals who develop a health care plan for a child with special health care needs in a specialized foster care home or group home which shall include the child's primary care physician or other health care professional designated by the physician, any involved medical team, and the CSW and any health care professional designated to monitor the child's individualized health care plan, including, if the child is in a certified home, the registered nurse employed by or under contract with the certifying agency to supervise and monitor the child. The child's individualized health care plan team may also include, but shall not be limited to, a public health nurse, representatives from the California Children's Services Program or the Child Health and Disability Prevention Program, regional centers, the county mental health department, and where reunification is the goal, the parent or parents, if available. In addition, if the child is in a specialized foster care home, the individualized health care plan team may include the prospective specialized foster parents, who shall not participate in any team decision.
A person is considered institutionalized when (s)he has been residing in a hospital, jail, prison, homeless shelter, residential school, rehabilitation center, halfway house, out-of-home care facility, etc., for more than 90 calendar days. This does not include battered women's shelters.
ISWs are the key component when detention is being considered or when a detention has occurred. ISWs provide immediate linkage to services for families where a court detention was necessary. ISWs participate in child safety conferences shortly after detention to review for possible return of children and or to connect children and families to services immediately following detention.
The Intensive Treatment Foster Care Program (ITFC) was developed to meet the treatment needs of emotionally disturbed children who need out-of-home placement. An Intensive Treatment Foster Care agency refers to an organization licensed by the California Department of Social Services for children who have a history of emotional/behavioral disturbance, have experienced multiple placement histories; are at risk of hospitalization, and/or qualify for Rate Classification Level (RCL) 12 or higher group home placement.
One agency has custody of the child and another agency approved the applicant assessment.
A hearing that is not mandated by the Welfare and Institutions Code, but is set by the court to address specific information and/or receive a progress report on the case at hand.
The computer system tracking all dependency court schedules and proceedings. Additionally, this software system allows DCFS to print minute orders.
The intent of the Kin-GAP program is to establish a program of financial assistance for relative caregivers who have legal guardianship of a child while Dependency Court jurisdiction and the DCFS case are terminated. The rate for the Kin-GAP program will be applied uniformly statewide.
The Kinship Support Division promotes, increases, and sustains legal permanency for children, adolescents and young adults in relative and legal guardianship placement through providing education, supportive services, advocacy, mentoring, and aftercare that is accessible and meets the needs of the child, family, and community.
Physical custody of a minor 72 hours old or younger accepted by a person from a parent of the minor, who the person believes in good faith is the parent of the minor, with the specific intent and promise of effecting the safe surrender of the child.
Questions that suggest a desired answer; often these are questions that can be answered with a simple 'yes' or 'no.' For example: "The sky is blue, isn't it?"
Legal relief (legal remedy): the means to achieve justice in any matter in which legal rights are involved. Remedies may be ordered by the court, granted by judgment after trial or hearing, by agreement (settlement) between the person claiming harm and the person he/she believes has caused it, and by the automatic operation of law. Some remedies require that certain acts be performed or prohibited (originally called "equity"), others involve payment of money to cover loss due to injury or breach of contract, and still others require a court's declaration of the rights of the parties and an order to honor them.
Involves a child who was previously adopted from overseas (whether the full and final adoption occurred in the foreign country or domestically) but entered foster care as a result of a court terminating the parents' rights or the parents' relinquishing their rights to the child.
A child whose birth parents have had his or her parental rights terminated or whose birth parents have voluntarily given up parental rights through relinquishment.
Includes the intentional masturbation of the perpetrator's genitals in the presence of a child.
Foster family homes, small family homes, group homes, foster family agency certified homes, child care facilities.
Any medical procedure or intervention that will serve only to prolong a state of unconsciousness where there is a reasonable degree of medical authority that such state of unconsciousness is permanent, or prolong a terminal condition."
A criminal history check based upon the submission of the subjects' fingerprints to the DOJ. The inquiry may also include an inquiry of the Child Abuse Central Index and an inquiry of the FBI database, if there is an indication that the subject may have been arrested outside of California, or that the subject has been a resident of California for less than two years. The clearance will confirm the identity of the subject of the inquiry and give the subject's history of arrests and convictions.
Degree to which there are stated, shared and understood safety, well-being, and permanency outcomes and functional life goals for the child and family. The outcomes and goals should outline required protective capacities, desired behavior changes, sustainable supports, and other accomplishments necessary for the child and family to achieve and sustain adequate daily functioning and greater self-sufficiency.
California's federal Medicaid program.
As defined by Civil Code (CIV) Section 56.05(g), is any individually identifiable information, in electronic or physical form, in possession of or derived from a provider of health care, health care service plan, pharmaceutical company, or contractor regarding a patient’s medical history, mental or physical condition, or treatment. This does not include psychotherapy notes (notes made by the therapist about a private therapy session that are kept separate from the rest of the patient’s medical record). These notes are subject to additional privacy protections and cannot be disclosed by therapists even in situations where other PHI may be disclosed.
One or more of the following exist: Previous significant medical problem or chronic illness; possible contagious disease; on medication; and/or, social problem or language barrier which could conceal an unmet medical need.
Children with special health care needs as defined by Assembly Bill 2268. These children have medical conditions and symptoms that require special procedures, may be temporarily or permanently dependent upon medical equipment and/or devices, therapies and may require ongoing medical care and assessment as determined by the child’s physician. The caregiver must have been trained to provide the specialized in-home health care to these children.
A motion for rehearing or reconsideration: seeking to alter or amend a judgment or order.
For youth whose behavior places them at risk of entry into the juvenile justice system, particularly those who are subject of a 241.1 assessment. The goal of the therapy is to improve caregiver discipline practices, enhance family relations, decrease youth association with deviant peers, increase pro-social peers, improve youth school or vocational performance, engage youth in pro-social recreational outlets, and develop a support network of extended family, neighbors, and friends to help achieve and maintain such changes. (Only available in Regional Offices in SPA 6 and 7)
A program which provides a comprehensive, multi-level intervention to children and youth in the child welfare system. MTFC is an evidence-based practice (EBP). MTFC Program provides each youth with short-term treatment (average 6-12 months) in specialized foster home environment where child/youth is the only foster child and has the following: own bedroom, an individual therapist, a skills trainer, attend public school, foster parents trained in the MTFC model, permanent caregivers receive behavior training and family therapy before and after the youth is returned to their home, a program supervisor that coordinates all care and is available 24/7.
The cornerstone of and entry point to the Protective Services Child Health (PSCH) system and the focal point for a community-based Provider Network. The KDMC Hub will provide timely, comprehensive medical, developmental and psychological assessments, as well as on-site preventive health services to children in out-of-home care. In addition, the Hub will assist in the development of a comprehensive child health plan for each child, provide referrals for follow-up care and conduct provider outreach. (DCFS Glossary, from "Hub Services: King/Drew Medical Center (KDMC)")
Any team of three or more people trained in the prevention, identification, management or treatment of child abuse or neglect cases and qualified to provide a broad range of services related to child abuse or neglect. The team may include a CalWORKs case manager, whose primary responsibility is to provide cross program case planning and coordination of CalWORKs child welfare services of those mutual cases or families that may be eligible for CalWORKs services and that, with the informed written consent of the family, receive cross program case planning and coordination.
A near fatality is a severe injury or condition caused by abuse or neglect that results in the child receiving critical care for at least 24 hours following admission to a critical care unit.
The failure to provide a person with necessary care and protection. In the case of a child, the term refers to the failure of a parent(s)/guardian(s) or caretaker(s) to provide the care and protection necessary for the child's healthy growth and development. Neglect occurs when children are physically or psychologically endangered. The term includes both severe and general neglect as defined by Penal Code Section 11165.2 and medically neglected infants as described in 45 Code of Federal Regulations (CFR) Part 1340.15(b).
A network (also known as a support network, support system, or social support system) refers to an extended group of family, friends, neighbors, professionals, and/or cultural, religious, or other communities that provide support for -- and meet a wide range of needs for -- a parent/caregiver and/or the child/ren (including tribal ICWA programs, Indian organizations, and/or family members, which can include non-related tribal members). The network may consist of individuals or organizations (e.g., religious organizations, community organizations, professional providers) who care about the child/ren or family and who provide or share concrete support (e.g., financial help, transportation, babysitting) or emotional support (e.g., listening, advice).
Children who first, or initially, enter the child welfare system and are placed in out-of-home care under a WIC 300 petition. (This definition includes children in an open case under a Court FM or VFM case plan who are subsequently removed from their biological parents and placed in out-of-home care).
A hearing in which the affiliated parties are not required to appear in order for the court to proceed with the matter at hand.
Non-Child Welfare Department module within CWS/CMS used to enter non-court cases such as Kin-GAP. It contains placement and payment information, the Legal Guardian’s information and case notes. The Probation Department also enters information in the Non-CWD module for cases supervised by their department.
A relative other than the child's birth or adoptive parents.
A person appointed by the Superior Court pursuant to the provisions of the Probate Code or appointed by the Dependency Court pursuant to the provisions of the Welfare and Institutions Code, who does not meet the definition of a 'Related Legal Guardian.'
A hospital, jail, prison, homeless shelter, residential school, rehabilitation center, halfway house, out-of-home care facility, etc. where the individual has lived for more than 90 calendar days. This does not include battered women's shelters.
A current dependent child or ward of the juvenile court, or a nonminor under the transition jurisdiction of the juvenile court, who: has attained 18 years of age while under an order of foster care placement by the juvenile court; is in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization; is participating in a transitional independent living case. Defined by WIC 11400(v).
A nonrelative extended family member is defined as an adult caregiver who has an established familial relationship with a relative of the child or a familial or mentoring relationship with the child. The county welfare department must verify the existence of a relationship through interviews with the parent and child or with one or more third parties.
Includes any sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person.
also known as intravenous feeding, is a method of getting nutrition into the body through the veins. While it is most commonly referred to as total parenteral nutrition (TPN), some patients need to get only certain types of nutrients intravenously.
DPSS term for person receiving services.
This is a six-week, 33-hour program that prepares resource families (foster and adoptive) for the new roles and parenting skills they will need if they adopt. A program of mutual preparation and selection which uses the teamwork approach between foster and adoptive parents and the agency to prepare foster and adoptive parents for theexperience of parenting children with special needs, such as those supervised by DCFS. The program incorporates self-assessment, mutual decision-making and experiential preparation for foster and adoptive planning to help parents decide if their expectations and abilities match the realities of foster and adoptive parenthood.
An economic loss or expense resulting from an injury or death to a victim of crime that has not been and will not be reimbursed from any other source. This is related to compensation from being a Victim of Crime.
Includes any intrusion by one person into the genitals or anal opening of another person, including the use of any object, except for acts performed for a valid medical purpose.
Includes any of the following options: the child returns home, the court approves adoption, legal guardianship, permanent plan living arrangement with a relative/non-relative extended family member, or the child's case is closed.
The services provided to achieve legal permanence for a child when efforts to reunify have failed until the court terminates FR. These services include identifying permanency alternatives, e.g., adoption, legal guardianship, tribal customary adoption and planned permanent living arrangement. Depending on the identified plan, the following activities may be provided: inform parents about adoptive planning and relinquishment, locate potential relative caregivers and provide them with information about permanent plans (e.g., adoption, legal guardianship) and refer the caregiver to the Adoption Division for an adoptive home study, etc.
Permanency Planning Conferences (PPCs) are modeled after TDM meetings to ensure that a multi-disciplinary team of professionals, family members and caregivers meet regularly to focus on the urgent permanency needs of youth. Refer to the memo dated 1/12/15 from the DCFS Chief Deputy Director, "Teaming with Families - Operational Guidelines for Moving From Team Decision Making Meetings to Child and Family Teams" located in the Director’s Page under Memos from the Chief Deputy Director and the CPM website.
In the context of adoption, substantially correct information regarding a prospective adoptive parent. This shall include, but is not limited to, the following: full legal name; age; religion; race or ethnicity; length of current marriage and number of previous marriages; employment; whether other children or adults reside in the home; whether there are other children who do not reside in the home and the child support obligation for these children and any failure to meet these obligations; any health conditions curtailing normal daily activities or reducing normal life expectancies; any convictions for crimes other than minor traffic violations; any removal of children due to child abuse or neglect; and, general area of residence, or upon request, address.
Pertinent collateral contacts are individuals or agencies with information that can assist the CSW in understanding the nature and extent of the alleged child abuse/neglect and in assessing the risk to and safety of the children. Collateral Contacts include professionals working with the child or parent and have regular contact with the family. Examples include: teachers, parole officers, physicians, DPSS, DMH, therapists, hospitals, and probation.
Non-accidental bodily injury that has been or is being willfully inflicted on a child. It includes willful harming or injuring of a child or endangering of the person or health of a child defined as a situation where any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering, or having the care or custody of any child, willfully causes or permits the person or health of the child to be placed in a situation such that his or her person or health is endangered.
Shortcomings that without correction would become a risk to the health, safety, or personal rights of the child. The child can be placed in the home pending completion of the CAP. TANF/CalWORKs is the funding source possibly available to the caregiver until the CAP is completed and eligibility for federal Foster Care funding is determined.
A meeting of attorneys and parties held for the purpose of reaching a negotiated settlement involving joint solutions.
A PPT is held for any pregnant or parenting teen under the Department’s supervision (as well as potential and recent fathers) as a youth-centered approach in order to identify and discuss issues related to pregnancy and early stages of child-rearing as well as breaking intergenerational cycles. Refer to the memo dated 1/12/15 from the DCFS Chief Deputy Director, "Teaming with Families - Operational Guidelines for Moving From Team Decision Making Meetings to Child and Family Teams" located in the Director’s Page under Memos from the Chief Deputy Director and the CPM website.
Provides for 12 months in a residential program and a 12-month outpatient transitional services program.
i.e., more likely than not
A man is presumed to be the biological father of a child if: He has signed a voluntary declaration of paternity (VDP) or, after January 1, 1997 is identified on the child’s birth certificate; He and the mother are or have been married to each other and the child is born during the marriage or within 300 days after the marriage is terminated; Before the child’s birth, he and the child’s birth mother have attempted to marry each other and the child was born during the attempted marriage or within 300 days after the termination of cohabitation; After the child’s birth, he and the child’s birth mother have married or attempted to marry and either with his consent he is named on the child’s birth certificate or he is obligated to pay child support; He receives the child into his home and openly holds out the child as his birth child; Anyone whom a court has found to be a presumed or legal father (this includes family court, dependency court, and judgments for child support services);Other men who tried to marry the mother or thought they had married the mother (even if it turns out that they did not), and even if after the birth may qualify as a presumed father. Consult County Counsel.
As it pertains to the allegations in a child welfare case, the petition must include enough facts that if later proven, will cause a child to be declared a dependent of the court.
Reasonable cause or a reasonable ground for belief in certain alleged facts (more than a hunch, but less than absolute certainty).
As defined by Health Insurance Portability and Accountability Act (HIPAA), is health (including mental health) information created or maintained by a health care provider that identifies or can be used to identify a specific individual. PHI relates to an individual’s health, health care or payment for care – in the past, present or future.
Medications used as tools for producing certain chemical and physiological effects in the central nervous system. They are usually classified according to the types of disorders they are primarily used to treat.
A pro bono law office serving low-income children, adults, and families. Through its Children's Rights Project, Public Counsel assists children in civil legal matters such as guardianship, adoption, special education, government benefits, emancipation, teen parenting issues, immigration, mental health services, access to education and transitional services upon emancipation from foster care.
Referral Address Verification System
Includes any penetration however slight, of the vagina or anal opening of one person by the penis of another person, whether or not there is the emission of semen.
An intervention, informed by a Housing First approach, that connects families and individuals experiencing homelessness or housing instability to assistance that may include the use of time-limited financial assistance and targeted supportive services.
The law requires child welfare agencies to make reasonable efforts to provide services that will help families remedy the conditions that brought the child and family into the child welfare system. It is based upon a standard of reasonableness, which is a subjective test of what a reasonable person would do in the individual circumstance, taking all factors into account. This includes conducting a Due Diligence search to locate parents whose whereabouts are unknown.
When it is objectively reasonable for a person to entertain a suspicion, based upon facts that could cause a reasonable person in a like position, drawing when appropriate, on his or her training, to suspect child abuse or neglect.
The standard characterized by careful and sensible parental decisions that maintain the child's health, safety, and best interest.
The DCFS office that is responsible for providing services to the child, youth, dependent, or nonminor dependent. Usually, the office where the child's CSW is located.
Court will rule on the request by 5:00 p.m. the day after the request is filed with the court.
An adult who is related to the child by blood, adoption or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words, 'great,' 'great-great' or 'grand' or the spouse of any of these persons even if the marriage was terminated by death or dissolution. A former stepparent is considered a relative only if the child is federally eligible.
For the purpose of placement and foster care payments: An adult who is related to the child by blood, adoption or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words, "great," "great-great" or "grand" or the spouse of any of these persons even if the marriage was terminated by death or dissolution.
The action of a parent in which he or she surrenders custody, control and any responsibility for the care and support of the child. Currently, only an Adoption social worker or the court is qualified to process a relinquishment.
The RMP is a family centered, multi-departmental, integrated approach to identifying, coordinating and linking appropriate resources/services to meet the needs of children currently in, or at risk of a RCL 6 through 14 placement. Additional information can be found at www.lacdcfs.org/katieA/RMP/. Refer to the memo dated 1/12/15 from the DCFS Chief Deputy Director, "Teaming with Families - Operational Guidelines for Moving From Team Decision Making Meetings to Child and Family Teams" located in the Director’s Page under Memos from the Chief Deputy Director and the CPM website.
Families that have a foster care license and an approved family assessment that meets the State’s adoption standards. They are dually prepared to provide foster care and support family reunification; but, should reunification not occur, they are approved to provide an adoptive home for a child.
An order issued by the court, which enjoins a person from engaging in a specified behavior or activity, limits the distance a person may approach a specific location and/or person, or excludes a person from a specific dwelling or place of business. See "Emergency Protective Order."
For children aged three or older at the time of initial removal, services are to be provided from the dispositional hearing until the 366.21(f) hearing, unless the child is returned home. For children under the age of three, services are to be provided until the 366.21(e) hearing, unless the child is returned home.
The Review Agent conducts the Grievance Review Hearing. In accordance with CDSS Manual of Policies and Procedures (MPP) 31-020.511-.513, the Review Agent is a staff or other person not involved in the complaint; neither a co-worker nor a person directly in the chain of supervision of any of the persons involved in the complaint unless the Agent is the Director or Chief Deputy of the county; knowledgeable of the field and capable of objectively reviewing the complaint. The Review Agent for Los Angeles County, DCFS is the Manager, Appeals Section.
Supplemental 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.
Specialized Supportive Services - CalWORKs participants eligible to receive GAIN services may be eligible to receive Specialized Supportive Services (e.g., mental health, substance abuse, domestic violence assessment and treatment services) and transportation, child care and other ancillary expenses.
The D-Rate is the rate paid on behalf of hard-to-place children with severe and persistent emotional and/or behavioral problems. This rate can be paid for eligible children placed in the following types of out-of-home care facilities if they have been certified for the D-Rate: foster family homes, non-related legal guardian homes, nonrelative extended family member homes, foster care-eligible relative (Youakim) homes, and small family homes which are not vendorized by Regional Center but are licensed for mentally disordered/emotionally disturbed children.
The school that the foster child attended when permanently housed (prior to detention) or the school in which the foster child was last enrolled. If the school the child attended when permanently housed is different than from the school the child was last enrolled, or if there is some other school that the foster child attended with which he/she is connected (and attended within the immediately preceding 15 months) the local educational agency foster child education liaison, in consultation and agreement with the foster child and their Educational Rights Holder, can determine which school should be the child's school-of-origin.
Is defined as being able to meet one’s basic needs for food, shelter, income, and overall functioning. It is complementary to the goal of permanency, as individuals typically function better when they are surrounded by loving and caring adults. However, if one’s safety net were to be removed, self-sufficient adults would still be able to survive. In order for youth to become thriving, self-sufficient adults, they need to acquire solid assets and skills, early on, in key areas and outcome areas, such as, permanency/housing; education; social and emotional well-being; career/workforce readiness; health and medication. These four outcome areas lay the foundation for a successful transition into adulthood. To develop properly, they must be addressed and nurtured early on, at the first point of contact. Having continuous high expectations for success in these four areas is critical if youth are to have the support they need to achieve self sufficiency.
Reasonable cause to believe that the child has a need for medical care for a serious medical condition; or is in danger of physical or sexual abuse; or the physical environment poses a threat to the child's health or safety.
Penal Code Section 11165.2(a) defines severe neglect as the negligent failure of a person having the care or custody of a child to protect the child from severe malnutrition or medically diagnosed nonorganic failure to thrive. "Severe neglect" also means those situations of neglect where any person having the care or custody of a child willfully causes or permits the person or health of the child to be placed in a situation such that his or her person or health is endangered, as proscribed by Penal Code 11165.3, including the intentional failure to provide adequate food, clothing, shelter, or medical care. Child abandonment would come under this section.
Includes any single act of abuse which causes physical trauma of sufficient severity that, if left untreated, would cause permanent physical disfigurement, permanent physical disability, or death; any single act of sexual abuse which causes significant bleeding, deep bruising, or significant external or internal swelling; or repeated acts of physical abuse, each of which causes bleeding, deep bruising, significant external or internal swelling, bone fracture, or unconsciousness.
The victimization of a child by sexual activities, including, but not limited to, those activities defined in Penal Code Section 11165.1(a)(b)(c). See "sexual assault" and "sexual exploitation."
Conduct in violation of laws pertaining to: Section 261 (rape), 264.1 (rape in concert), 285 (incest), 286 (sodomy), subdivisions (a) and (b) of Section 288 (lewd or lascivious acts upon a child under 14 years of age), 288a (oral copulation), 289 (penetration of a genital or anal opening by a foreign object), or 647a (child molestation). If there are no indicators of abuse, “sexual assault” does not include voluntary sodomy, voluntary oral copulation, or voluntary sexual penetration unless the conduct is between a person 21 years of age or older and a minor under 16 years of age.
Conduct involving matter depicting a minor engaged in obscene acts in violation of Section 311.2 (preparing, selling, or distributing obscene matter) or subdivision (a) of Section 311.4 (employment of minor to perform obscene acts). Any person who knowingly promotes, aids or assists, employs, uses, persuades, induces or coerces a child, or any person responsible for a child's welfare who knowingly permits or encourages a child to engage in, or assist others to engage in, prostitution or a live performance involving obscene sexual conduct or to either pose or model alone or with others for the purpose of preparing a film, photograph, negative, slide, drawing, painting or other pictorial depiction involving obscene sexual conduct. 'Person responsible for a child's welfare' means a parent, guardian, foster parent, or a licensed administrator, or employee of a public or private residential home, residential school, or other residential institution. Any person who depicts a child in, or who knowingly develops, duplicates, prints, or exchanges, any film, photograph, video tape, negative, or slide in which a child is engaged in an act of obscene, sexual conduct, except for those activities by law enforcement and prosecution agencies and other persons described in subdivisions (c) and (e) of Section 311.3.'
Sexually Transmitted Infections, including HIV and AIDS, are transmitted from one person to another through sexual contact as well as though direct person-to-person contact with blood or body fluids that contain the infection.
A sibling is defined as a child related to another person by blood, adoption, or affinity through a common legal or biological parent.
The determination of what is considered 'significant contact' by an individual with a child will be determined by the ASFA Division in consultation with County Counsel and regional staff.
Any residential facility in the licensee's family residence, which provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities. WIC 11400(e)
Assembly Bill 2268, defines children with special health care needs as those children who are either temporarily or permanently dependent upon medical equipment or in need of other specific kinds of specialized in-home health care, as determined by the child’s physician. See "medically fragile."
Definition for Adoption Assistance Program (AAP), a child whose adoption, without financial assistance, would be unlikely due to one or more of the following factors: age (three years or older),ethnic background, race, color or language, mental, physical, emotional or medical handicap, adverse parental background, membership in a sibling group which should remain intact. In the context of protective services childcare, a child who is mentally or physically incapable of caring for him/herself, as verified by a physician or a licensed or certified psychologist, and requires separate accommodations to be provided with basic childcare. In the context of dependency court, a special needs child is one who has had three or more placements during a 12-month period and has a diagnosis or history of one or more of the following: conduct disorder with aggressive tendencies or antisocial behavior; attention deficit disorder treated by psychotropic drugs; self-destructive or suicidal behavior; use of psychotropic drugs; developmental disability; fire setting; manifestation of psychotic symptoms; somatizing or chronic depression or social isolation; severe sexual acting-out behavior and/or; substance abuse.
A rate paid in addition to the basic care rate for the care of children/youth with special needs.
Any of the following foster homes where the foster parents reside in the home and have been trained to provide specialized in-home health care to foster children: 1) Licensed foster family homes; 2) small family homes or; 3) certified family homes that have accepted placement of a child with special health care needs who is under the supervision and monitoring of a registered nurse employed by, or on contract with, the certifying agency, and who is either of the following: a) a dependent of the court under WIC 300 or; b) developmentally disabled and receiving services and case management from a regional center.
Includes, but is not limited to, those services identified by the child's primary physician as appropriately administered in the home of any of the following: 1) A foster parent trained by health care professionals where the child is being placed in, or is currently in, a specialized foster care home; 2) Group home staff trained by health care professionals pursuant to the discharge plan of the facility releasing the child where the child was placed in the home as of Nov. 1, 1993, and who is currently in the home; 3) a health care professional, where the child is placed in a group home after November 1, 1993. WIC 17710(h)
The act of temporarily stopping a judicial proceeding through the order of a court.
Assesses the child's present danger and the interventions currently needed to protect the child. Assesses whether any children are likely to be in immediate danger of serious harm/maltreatment and determines what interventions should be initiated or maintained to provide appropriate protection.
A thirty (30) day pass good for MTA travel only. Students must have an appropriate MTA ID Card to obtain the pass. Student Cardholders are provided with a Student TAP Card each month. There is no charge for the Card itself. Students can pick-up a photo-less Metro Student Dare ID Card (K-8 or 9-12) at participating schools or one of the four Metro Customer Centers.
Substance Abuse and Drug Testing Services are available to determine whether parents or caregivers’ abilities are impaired by the use of alcohol and drugs; if parents/caregivers need to be referred for alcohol/substance abuse treatment, and to monitor progress in treatment. Test results are used as part of the evaluation process to determine if children can remain safely in the home of their parents and caregivers, or if children can be safely returned to the care of their parents and caregivers.
A report determined by the investigator conducting the investigation to constitute child abuse or neglect, as defined in Section 11165.6, based upon evidence that makes it more likely than not that child abuse or neglect, as defined, occurred.
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.
CWS/CMS services component for nonminor dependents (NMD) under which the required Extended Foster Care (EFC) participation criteria must be indicated.
SOC refers to a continuum of care for children and their families, which meets their mental, emotional, and behavioral needs. The program focuses on treatment for children and youth who are at risk of placement in either a group home or a more restrictive setting. An Inter- Agency Screening Committee comprised of representatives from DCFS, Department of Mental Health, the Probation Department, Special Education Local Planning Area, and local school districts, screens these type of cases. Services may include intensive in-home treatment, in-home support services, daily living skills, mental health services, crisis intervention, respite care, parent training, school intervention and therapeutic foster homes.
Refer to the memo dated 1/12/15 from the DCFS Chief Deputy Director, "Teaming with Families - Operational Guidelines for Moving From Team Decision Making Meetings to Child and Family Teams" located in the Director’s Page under Memos from the Chief Deputy Director and the CPM website.
The Transit Access Pass (TAP) Card is a monthly pass good for MTA travel only.
A process utilizing a multidisciplinary assessment and team approach in working with children and their families. Includes community-based social workers and other child and family service providers that assist the family in identifying local supports that could help reduce stresses and improve family life. Parents play a key role in identifying their needs and the supports that would be most helpful in addressing them. Refer to the memo dated 1/12/15 from the DCFS Chief Deputy Director, "Teaming with Families - Operational Guidelines for Moving From Team Decision Making Meetings to Child and Family Teams" located in the Director’s Page under Memos from the Chief Deputy Director and the CPM website.
The removal of a child from the home of a parent or legal guardian and placement or facilitation of placement of the child in the home of a non-offending parent, relative, foster caregiver; group home or institutional setting.Temporary custody also includes: placing hospital holds on children; situations in which the CSW interrupts an established Family Law Court custody or visitation orders when the CSW believes that if the order is carried out, the child would be placed in immediate risk of abuse, neglect or exploitation and the child is allowed to remain in the home of the non-offending parent; situations in which DCFS requests that law enforcement remove a child from the home of his or her parent/legal guardian and the CSW places the child with a relative or unrelated caregiver; and situations in which the child is living with a relative or an unrelated caregiver and all of the following conditions exist: child’s parent is asking for the child to be returned home, CSW believes that the return of the child to his or her parent would place the child at risk of abuse, neglect or exploitation, CSW does not allow the child to be returned to his or her parent; and, the child remains in the home of the relative or is placed in out-of-home care.
When a child is declared free from the care custody and control of his or her birth parents by court action.
A free legal services organization focused solely on protecting the rights of impoverished, abused and neglected children in Los Angeles County – children in foster care, children with educational disabilities, children who need healthcare or public benefits, and children in need of legal guardianship or adoption.
For the purposes of assigning Dependency Investigation tasks, a traditional residence is a house, an apartment, room(s) in a shared house or apartment, or another residence not included under the definition of non-traditional residence.
Hearing held by the receiving county court to determine if the case transfer request will be accepted.
Hearing held by the sending county court to determine the appropriateness of the transfer request. The court may order a case transferred to a different county during the Transfer-Out Hearing.
A home that has been licensed or approved by an Indian child’s tribe or a tribal organization designated by the Indian child’s tribe, for foster or adoptive placements of an Indian child using standards established by the tribe.
In the context of adoption, a person who has applied to adopt a child but has not been matched with an available child, and is therefore considered "unattached" to a particular child. An applicant for adoption who is not already linked with a specific child to adopt.
In the context of adoption, a child for whom adoption is the identified permanent plan but for whom no prospective adoptive parent has been identified.
A report determined by the investigator conducting the investigation to be false, inherently improbably, to involve an accidental injury, or not constituting child abuse or neglect as defined in Section 11165.6.
An aggressive, standardized approach to infection control which treats all human blood and certain body fluids as if they were known to contain blood-borne pathogens.The extension of blood and body fluid precautions to all patients. Under universal precautions, blood and certain body fluids of all patients are considered potentially infectious for human immunodeficiency virus (HIV), hepatitis B virus (HBV), and other bloodborne pathogens. (CDC)
Authorities, e.g. CSWs, law enforcement, etc, have reasonable evidence that a parent is abusive, cannot provide love and support to the child, or will in some significant way interfere with the examination.
The provision of non-court, time-limited protective services to families whose children are in potential danger of abuse, neglect, or exploitation when the children can safely remain in the home with DCFS services. In order to receive VFM services, the family must be willing to accept them and participate in corrective efforts to ensure that the child's protective needs are met. There is a six-month time limit for this service.
The foster care placement of a child by or with the participation of DCFS acting on behalf of CDSS, after the parent(s)/guardian(s) of the child have requested the assistance of DCFS and signed a voluntary placement agreement form.
A legal document filed by DCFS in juvenile dependency court alleging that a child is described under Welfare and Institution Code (WIC) 300.
A hearing will be held no later than 120 days from the date of the Permanency Review Hearing. The purpose of a WIC Section 366.26 hearing is to identify and implement a permanent plan for a dependent child of the court. The court will then make findings and orders in the following order of preference: permanently terminate the rights of the parent or parents and order that the child be placed for adoption; or, without permanently terminating parental rights, identify adoption as the goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days; or, appoint a legal guardian and issue letters of guardianship; or, order that the child be placed in long-term foster care, subject to the periodic review of the court under WIC 366.3.
A request to submit a report to the court when a hearing is not calendared, but the matter requires immediate court attention. Walk-on hearings may be appearance or non-appearance matters.
The Welfare and Institutions Code (WIC) section that describes abuse, neglect, exploitation, and other endangerment situations and conditions whereby a child may be removed from the care and custody of parents or legal guardians and declared a dependent of the court under DCFS supervision.
W-Homes provide foster care to dependent teen parents and their non-dependent children, while assisting the teen parent’s to develop the skills they will need to provide a safe, stable and permanent home for their children. This is not a new licensing category. A W-Home can be a family home, approved relative caregiver or non-relative extended family member’s (NREFM) home, or the home of a non-related legal guardian whose guardianship was established pursuant to WIC Section 366.26 or 360.
A situation where any person willfully causes or permits any child to suffer, or inflicts thereon, unjustifiable physical pain or mental suffering or having the care or custody of any child, willfully causes or permits the person or health of the child to be placed in a situation such that his or her person or health is endangered.
These include concerns the family, team members or DCFS have related to the safety of the children/youth. The worries help the team identify what is important to ensure a safe and secure future for the children/youth.
Wraparound is a multi-agency initiative. The Wraparound approach is a family-centered, strengths-based, needs-driven planning and service delivery process. It advocates for family-professional partnership to ensure family voice, choice and ownership. Wraparound children and family teams benefits children by working with the family to ensure Permanency. Wraparound is funded through Title IV-E funds. The average length of involvement with the program is 8 months. The primary focus of the program is to keep children out of residential placements and maintain them safely in their family and community.
The practice of using flipchart pads and markers to write all brainstormed team responses to the agenda items during the CFT meeting. Examples of what is charted include: Family goal, non-negotiables, strengths, worries, needs and the plan for "what could go wrong".
Refers to the socially constructed roles, behaviors, activities, and attributes that a given society considers appropriate for boys and men or girls and women. These influence the ways that people act, interact, and feel about themselves. Gender is different from Sex in that Sex is assigned at birth.
an internal understanding of one’s own gender (e.g. a person’s internal sense of being male, female or something else). Therefore, a transgender person’s gender identity does not match the sex assigned to him or her at birth.
Ideas on what possible needs may be driving a person's behavior.
Matters related to the safety and well-being of the child(ren)/youth that cannot be changed at the present time (e.g. children cannot be supervised by anyone under the influence). Non-negotiables are focused on the "now" and should give the team ideas about the limits to planning and clarity on what cannot be compromised.
A continuous learning process in which you think about your practice, and consciously analyze your decision-making. It is an important tool in developing insight based on professional experiences, drawing on theory and relating it to practice.
A continuous process by which the "right people" for the child, youth and family have formed a CFT that meets, talks and plans together. The CFT has the skills, family knowledge and abilities, necessary to define the strengths and needs of the child and family, in order to organize effective services specific to their needs.
A need is what drives a behavior and what makes a behavior functional for the person. The child and/or youth's needs should be the focus of the teaming process to ensure their safety and well-being. Recognizing the individual and family needs is central to the family-engagement and planning process.
Degree to which the focus child(ren), parents (including the non-custodial parent), family members, and caregivers are active ongoing participants (e.g. having a significant role, voice, choice and influence) in shaping decisions made about child and family strengths and needs, goals, supports and services.