Noticing Process for Juvenile Court Proceedings
0300-306.05 | Revision Date: 4/2/2018

Overview

This policy guide provides procedures on how to properly notice all appropriate parties for court hearings.

Table of Contents

Policy

Procedure

Approvals

Helpful Links

Version Summary

This policy guide was updated from the 12/09/15 version to add an instruction that the Simple Notice Application (SNAP) is now required for all Dependency Court notices, JV-290 INFO and JV-290 forms, and to add information regarding electronic notice in accordance with AB 879 (2015).

POLICY

Notification of Mailing and Email Address

Upon his or her appearance before the court, each parent or guardian is asked to designate for the court, his or her permanent mailing address. The court advises each parent or guardian that the designated mailing address will be used by the court and DCFS for notice purposes unless and until the parent or guardian notifies the court or DCFS of a new mailing address, in writing, via the JV-140, Notification of Mailing Address form. If the parents agree to receive Notices of Hearing via email, they must provide written consent at court by signing the EFS-005-JV/JV-141, Email Notice of Hearing: Consent, Withdrawal of Consent, Address Change form on the record. Therefore, CSWs do not need to request or obtain parents’ consent for electronic notice.

Specialized Notice Requirements

Incarcerated Parents / Parents Detained by Immigration and Customs Enforcement (ICE)

Regardless of the type of custody facility or whether an incarcerated parent is incarcerated in Los Angeles County, other parts of California, or out of state, notice rules for the specified hearing must be followed.

  • If a parent is incarcerated in the state of California, the CSW must call the Department of Corrections and Rehabilitation (916) 445-6713, and/or search their website, to determine where a parent is incarcerated and to obtain the correct address.
  • If a parent is in federal custody, the CSW must contact the United States Bureau of Prisons (202) 307-3198 and/or search their website.

Per SB 1064 (2012), parents detained by ICE who have an ongoing dependency case in California have services available to allow family reunification efforts to proceed.

  • Parents can participate in custody proceedings by phone, teleconference or other electronic means.
  • Parents detained by ICE can have visits with their children, caseworkers and attorneys.
  • Each ICE field office will have a coordinator to serve as the point of contact for parental interest matters for social workers and child welfare court officials.
  • An Online Detainee Locator System allows the public to locate persons in ICE detention.
  • The ICE ERO (Office of Enforcement and Removal Operations) Detention Reporting and Information Line is a toll-free service that provides a direct channel for agency stakeholders to communicate directly with ERO to answer questions and resolve concerns. Stakeholders may reach the ICE ERO Detention Reporting and Information Line by dialing 1-888-351-4024. Live trained operators are available Monday through Friday (excluding holidays) from 8:00 a.m. to 8:00 p.m. (EST) to respond to inquiries from those in ICE detention and from community members. Language assistance, including Spanish operators, is also available.

CSWs are only required to submit a removal order for an incarcerated parent for the following two (2) hearings:

  • Jurisdictional/Dispositional hearings to adjudicate a child as a dependent of the court.
  • WIC section 366.26 hearings to terminate parental rights (TPR)
  • It is not legally required for an incarcerated parent to be present at a WIC section 366.26 hearing in order to appoint a legal guardian or when the permanent plan is a permanent placement living arrangement.

It is best practice to request a removal order for all appearance hearings when a parent is incarcerated in a Los Angeles County or local facility/jail.

  • There is no mechanism to transport out-of-state inmates or individuals in federal custody to the dependency court, except for parents detained by ICE. ICE shall arrange for a detained parent's appearance at his or her family court or child welfare proceeding. If appearance in person is not feasible, ICE will work to facilitate alternative means of participation.
  • There is no removal order process for incarcerated minor parents. The CSW should send a regular hearing notice and work with Probation Department to locate the minor parent and to arrange transportation.

Parents Who Reside Outside of the United States

DCFS has a legal obligation to comply with the Hague Service Convention, including all noticing requirements, when a parent resides outside of the United States in a country that is a member of the Hague Convention, even when it is not court ordered for a parent to be noticed per the Hague Convention.

  • For Hague cases, the CSW must use the State Department website to look up the type of notices required in the parent(s)' country of residence.
  • The Simple Notice Application (SNAP) automatically generates the required forms in the appropriate languages. For assistance with Hague notice, CSWs should contact the Office of County Counsel, who will send the remaining documents for translation. CSWs do not need to complete this task themselves.
  • If the country requires the notice to be in Spanish, the CSW should check with the State Department website to determine if the country has any specific translation requirements. Some countries require the translation into Spanish to be certified. If certification is required, the CSW should contact County Counsel for assistance.
  • If the parent's address is not available, use standard notice procedures (i.e. due diligence, publication, etc.) and follow Hague Notice and International Noticing Tips.

Notice under the Hague Service Convention is required for two (2) types of hearings:

  • Adjudication/Disposition hearings, if the parent has not made a general appearance.
  • WIC section 366.26 hearings, when the DCFS recommendation is to terminate parental rights, and the parent has not made a general appearance.

Sensitive Cases

If a child's case is marked as sensitive, contact the Sensitive Case Unit (SCU) for assistance in obtaining addresses and contact information for noticing. Sensitive cases include but are not limited to involved parties who are:

  • Celebrities;
  • Public figures;
  • Elected officials;
  • DCFS employees;
  • Some active Los Angeles County law enforcement employees.

Children Age Ten (10) and Older

In addition to the required notice, if a child is ten (10) years of age or older, he/she has the right to attend a hearing and must be given the opportunity to attend, even if he/she is incarcerated/institutionalized. CSWs must arrange for the child's transportation if the child wishes to attend the hearing.

If the child was not properly notified or if he/she wished to be present and was not given the opportunity to be present at a hearing, the court will continue the hearing to allow the child to be present unless the court finds that it is in the best interests of the child not to continue the hearing.

Nonminor Dependents (NMDs)

Once a youth turns eighteen (18) and becomes a nonminor dependent, the parents' attorneys are relieved at the hearing, at which point no notice is required for a parent, unless he/she is receiving continued family reunification (FR) services.

  • For youth who fall under Indian Child Welfare Act (ICWA), the child's tribe must continue to receive notification of hearings unless the NMD has elected not to have the provisions of ICWA continue to apply to his/her case after turning age eighteen (18).

A CSW is required to give notice of review hearings and termination of jurisdiction hearings involving NMDs to the following individuals:

  • The NMD;
  • Any known siblings of the NMD, if that sibling is either the subject of a dependency court proceeding or has been adjudged to be a dependent child of the juvenile court;
    • If the sibling is ten (10) years of age or older, notice the sibling, the sibling's caregiver, and the sibling's attorney;
    • If the sibling is under ten (10) years of age, notice the sibling's caregiver and the sibling's attorney;
      • These requirements only apply when the sibling(s)' hearing is calendared on a different day or in a different court than the NMD's hearing.
  • The current caregiver of the NMD;

If NMDs are not able to attend a court hearing in person, telephonic court appearances are allowed.

If the court is considering the termination of jurisdiction of an NMD, the CSW must ensure that the NMD is present in court unless he/she does not wish to appear in court. The exception is when the NMD has elected a telephonic appearance or when efforts were made to locate the NMD but were unsuccessful and when those efforts have been documented.

Caregiver's Notice and Right to be Heard

The child/NMD's current caregiver is entitled to receive notice of, and to have the opportunity to be heard at, hearings outlined below. The right to be heard includes the right to submit written information to the court, including by using the JV-290, Caregiver Information Form, or by submitting a letter to the court.

  • The JV-290 INFO, Instruction Sheet for Caregiver Information Form, provides the caregiver with directions on how to complete the form and file it with the court.
  • The JV-290 INFO and JV-290 forms must both be generated from the Simple Notice Application (SNAP) or the Foster Care Search System (FCSS).

Simple Notice Application (SNAP)

SNAP "How to Guide”

SNAP is a computer system designed and maintained by the County Counsel to help CSWs fulfill court notice requirements, including Indian Child Welfare Act (ICWA) notices.

  • It is required that SNAP be used for all notices, all JV-290 Caregiver Information forms, and all JV-290-INFO Instructions to Complete the Caregiver Information forms. Before generating the JV-290 and the JV-290-INFO forms in SNAP:
  • Check the caregiver/child relationship on the Related Clients page in CWS/CMS for accuracy, and ensure that it is: "court/client caretaker"

  • Check CWS/CMS for an exact match of the child's and caretaker's addresses

  • All court and attorney information in SNAP comes directly from the Odyssey system. If the most current attorney information is not listed in SNAP, staff should use the "Report a Bug" feature to alert the system administrator, who can then update the system accordingly.
  • All family-related information in SNAP comes from CWS/CMS. SNAP maintains information on hearing dates, the individuals who are required to be noticed, and the method that notices are to be provided.
  • SNAP features an internal court control log that tracks upcoming hearing dates, the individuals who are required to receive notice, and the method in which notices must be provided to those individuals. SNAP also tracks the dates that notices are due to be sent out and indicates whether or not they have been completed for each case.
    • If parties appear in court and agree on the record to electronic noticing and sign the EFS-005-JV/JV-141 at court, the addresses will be entered into the system at court and SNAP will automatically send electronic notices for court hearings.
  • If a parent is incarcerated, SNAP should be used to prepare the In-and-Out or Statewide removal order.
  • When a removal order is created, SNAP automatically creates two (2) notices for the parent(s): one (1) that is addressed to the parent(s) in the facility and one (1) to their last known address.
  • If a parent resides in Mexico, SNAP automatically generates all required forms pursuant to the Hague Service Convention if the user selects the appropriate boxes during the SNAP questionnaire. After completing the Hague notices in SNAP, users should email Effie Williams at EWilliams@counsel.lacounty.gov for assistance. Please note that there must be four (4) months remaining until the next hearing date. The Office of County Counsel will send the required documents out for translation services as required.
  • SNAP helps to ensure that ICWA notices are correct before they are sent out by allowing CSWs to communicate with the County Counsel beforehand to increase the probability of accuracy in ICWA notices, thus eliminating the need for future revisions. The American Indian Unit is available for consultation at (626) 938-1601 for any questions regarding ICWA notice.
  • Users are automatically assigned in SNAP when given a primary case assignment in CWS/CMS, or when given a secondary assignment as the only Dependency Investigator on a CWS/CMS case.
  • User IDs in SNAP match the user names in CWS/CMS (i.e., they are not “e” + employee number).

Electronic Notice

Per AB 879, electronic notice of Dependency Court hearings are permitted in LA County when parties agree to it. When a parent appears in Dependency Court, the Court will ask the parent if they wish to be noticed of all future court proceedings via email. If the parents consent to receive notice via email, they must sign the EFS-005-JV/JV-141 in court and on the record. If they sign the EFS-005-JV/JV-141, all future notices will be sent via email using SNAP until that parent notifies the Court they no longer wish to be noticed by email. CSWs should not attempt to have parents sign the EFS-005-JV/JV-141 outside of court.

Notice to minors and NMDs may be provided by email if that youth is 16 years or older, they have signed the EFS-005-JV/JV-141, and the youth’s attorney has consented to electronic notice by signing the EFS-005-JV/JV-141.

Youth ages 14-15 may also consent to notice via email; however, they must also receive notice by regular mail (and/or personal service, when required).

Notices for WIC section 366.26 hearings may also be provided by email, but notice by personal service or publication is still required if the Department is recommending termination of parental rights. Electronic noticing is supplemental only and is not a substitute for personal service or publication requirements.

Using SNAP will result in immediate electronic notification to clients.

Mailing Court Reports with Notices

If a court report is completed and approved by a SCSW at the time the notice(s) are completed, a CSW is to mail the court report, any attachments, and the notice to the parents and any child if who is over twelve (12) years of age. Court reports for status review and WIC section 366.26 hearings must be provided to applicable parties ten (10) calendar days prior to the hearing.

  • Date of mailing of the court report is to be documented, for each party, on the JV-510, Proof of Service (POS).
  • Confidential and privileged information and/or attachments should not be mailed (addresses can be flagged as confidential in both the CWS/CMS client notebook's ID page and in SNAP). Such information includes, but is not limited to:
    • Confidential addresses (the "Confidentiality In Effect" checkbox on the ID page of the CWS/CMS Client Notebook should be used to designate a client address as confidential);
    • Locations of persons in domestic violence shelters;
    • Reproductive information concerning minors;
    • Information concerning some sexually transmitted diseases.
  • When a CSW has a question regarding the confidentiality and/or the privileged disclosure of information contained in an attachment, he/she must consult the trial County Counsel or an out-stationed County Counsel.
  • The identity of the reporting party is confidential and must not be disclosed.
  • Anything from the County Counsel's office to the CSW is privileged and must not be attached to court reports.

Children Under the Provisions of the Indian Child Welfare Act (ICWA) or American Indian Children from Federally Recognized Tribes

The following requirements are in addition to the requirements listed for each hearing, unless otherwise specified or amended.

Responsible Parties

The CSW is responsible for providing notice for the hearing.

Notice Recipients

In addition to the parties requiring notice for a specified hearing, if a child may come under the provisions of the Indian Child Welfare Act (ICWA), or is an Indian child from a federally recognized tribe, notice must be provided to the following parties along with the documents listed under Method of Service and Time frame, unless otherwise specified or amended:

Person/Entity to be Noticed

Exceptions/Further Requirements

Parent and/or legal guardian

 

All federally recognized tribes in which the child may claim or may be eligible for membership by tribal affiliation (tribe/Rancheria), if known

Notice must be sent to the individuals at the address on the list of designated agents for service developed by the Bureau of Indian Affairs (BIA) and to the contact person and address from the California Department of Social Services (CDSS).

  • If the address of the tribe is unknown, contact the Indian Child Welfare Unit at (626) 938-1601 for assistance in locating updated tribal information.
  • To obtain the address of the federally recognized tribe(s), refer to the federal register at BIA Tribe Listing or contact the Indian Child Welfare Unit at (626) 938-1601.
  • Notice the tribal Chairperson, unless the tribe has designated another agent for service in the BIA list of designated agents.
  • If the tribe has not designated another agency for service in the BIA list of designated agents and the name of the tribal Chairperson is unknown, address notice to the tribe as follows: "Tribal Chair Person, [Name of Tribe]."

For NMDs, only send notice when the NMD has elected to have ICWA continue to apply past his/her eighteenth (18th) birthday.

Indian Custodian

 

Bureau of Indian Affairs (BIA)

Send the notice to the:

Sacramento Area Director

Bureau of Indian Affairs

Federal Office Building

2800 Cottage Way

Sacramento, CA 95825

Secretary of the Interior (SOI)

Send the notice to the:

U.S. Department of the Interior

Bureau of Indian Affairs

1849 C Street, N.W.

Washington, D.C. 20240

Method of Service and Time Frame (ICWA)

Notice must be provided according to the following guidelines for cases involving children falling under the ICWA criteria, in addition to the noticing guidelines for a specific hearing:

 

Method of Service and Time Frame

Type of Notice

  • ICWA-030, Notice of Child Custody Proceeding for Indian Child. This must be used until one (1) of the following applies:
  • The court finds the notice proper.
  • The tribe acknowledges in writing that the child is not a member and is not eligible for membership, and the court determines that ICWA does not apply.
  • It has been more than sixty (60) calendar days since the tribe received the notice, it has not responded, and the court determines the ICWA does not apply.
  • The tribe intervenes.
  • The tribe acknowledges in writing that the child is a member of the tribe or is eligible for membership.
  • When a federally recognized tribe confirms that a child is American Indian, the tribe must be noticed for all hearings regarding the Indian child.
  • The Indian tribe must receive the Regular Notice form that is required for that hearing. Afterward, the ICWA-030 is no longer used and no further notice is required for BIA or SOI.
  • Each child must have his/her own ICWA-030 notice completed.
  • Multiple children cannot be listed on the ICWA-030.
  • The ICWA-030 can be automatically generated from SNAP
  • ICWA-030(A), Attachment to Notice of Child Custody Proceedings for Indian Child.
  • To be used only if all tribes served were not listed on the ICWA-030.
  • Petition
  • Child's birth certificate, if available

Delivery Method

Either:

  • Certified Mail Return Receipt Requested; or
  • Registered Mail Return Receipt Requested

Time Frame

At least thirty (30) calendar days prior to the hearing, when possible:

  • The ICWA-030 must be received:
  • By any tribe, at least ten (10) calendar days prior to the hearing
  • By federal agencies, at least fifteen (15) calendar days prior to the hearing

For detention hearings:

  • Notice must be given as soon as possible after the filing of the petition.
  • Proof of Notice must be filed with the court within ten (10) calendar days after the filing of the petition.

Exceptions/Further Requirements

  • The notice must contain the following statements:
  • That the parent or Indian custodian and the tribe have a right to intervene at any point in the proceedings;
  • That the parent or Indian custodian and the tribe will upon request be granted up to twenty (20) additional calendar days to prepare for the proceedings.
  • The ICWA-030 accompanies the required notice to the parent/legal guardian (JV-300), which must be updated to reflect the permanency option of Tribal Customary Adoption (TCA) for American Indian children, if recommended by the child's Indian tribe.
  • If a 366.26 hearing is continued to file the Tribal Customary Adoption Order (TCAO), use the JV300, Notice of Hearing on Selection of a Permanent Plan – Juvenile, to notice all appropriate parties, including the child's tribe.
  • As proof of sending notice, the CSW must file the following with the court before the hearing:
  • Copies of notices sent – ICWA 030; ICWA 030A; ICWA-010(A), Petition, regular notice of hearing
  • All return receipts
  • For any responses from the tribes, BIA and Secretary of the Interior.

Initial Petition/Detention Hearing, Including Ex Parte Application

Responsible Parties

The detaining CSW must provide either oral or written notice for both detained and non-detained petitions. The CSW and Clerk must, by law, serve the notice and a copy of the petition when a petition is filed. The CSW must document the method of notice provided for all parties in the Detention Report.

When filing a petition on a child with siblings on an open case, the Case-Carrying CSW/Emergency Response/Command Post (ERCP) CSW must notice the required persons by telephone or in writing (Notification Letter) at least twenty-four (24) hours prior to the hearing.

For continued Initial Petition/Detention Hearings, the detaining CSW or Dependency Investigator (DI) CSW is responsible for providing notice to all required persons entitled to receive notice.

Notice Recipients

The following parties must be served a notice for initial petitions and detention hearings, including Ex Parte Applications:

Person Required to be Noticed

Exceptions/Further Requirements

Mother(s)

  • Unless parental rights have been terminated.

Father(s)

  • To all presumed and alleged, unless parental rights have been terminated.

Legal guardian(s)

If a parent/legal guardian resides out-of state or his/her whereabouts are unknown:

  • Send the notice to any adult relative residing within the county or, if there are none, to the adult relative residing nearest to the court.
  • List the name(s) and address(es) of the relative in the indicated space on the cover sheet of the petition.
  • Provide notice of the hearing and, if possible, a copy of the petition to the relative who will serve as a substitute for the parent/legal guardian.

Child(ren)

  • When ten (10) years of age or older.

Attorney(s)

  • Only if attorney was not present in court at the time the hearing was set.

Any known sibling(s), if that sibling is either the subject of a dependency court proceeding or has been adjudged to be a dependent child of the juvenile court

The following requirements only apply when the sibling's hearing is calendared on a different day or in a different court than the child's hearing.

  • If the sibling is ten (10) years of age or older, notice the sibling, the sibling's caregiver, and the sibling's attorney.
  • If the sibling is under ten (10) years of age, notice the sibling's caregiver and the sibling's attorney.

Probate Court

  • If the probate court granted legal guardianship.

Child Court Appointed Special Advocate (CASA)

  • If any

Method of Service and Time Frame (Initial Petition/Detention Hearing)

For initial petition and detention hearings, there are separate notices for the Edelman Children's Court and the Antelope Valley court. The responsible CSW must provide notice according to the following guidelines:

 

Child in Custody

Child Not in Custody

Type of Notice

  • Notification Letter
  • JV-100, Juvenile Dependency Petition
  • Notification Letter
  • JV-100, Juvenile Dependency Petition

Delivery Method

  • Oral notice by telephone, voicemail, or at a CFTM
  • If oral notice is used, CSW must file a declaration stating so and for whom.
  • Written (Notification Letter) via first class mail, if unable to provide oral notice.
  • First class mail in the recipient's primary language.
  • If the parent/legal guardian is unable to read, provide oral notice.

Time Frame

As soon as possible, and at least five (5) days prior to the hearing unless the hearing is set less than 5 days prior, then at least twenty-four (24) hours prior to the hearing:

  • Notification Letter must be sent by 4:00pm on the day the child is detained.

As soon as possible, and at least ten (10) calendar days prior to the hearing.

Exceptions/ Further Requirements

If CSW was either unable to mail a Notification Letter and a JV-100 by 4:00pm due to the timing of the detention or if the parent/legal guardian is unable to read, provide oral notice.

 

Method of Service and Time Frame (Continued Initial Petition/Detention Hearing)

 

Child in Custody

Child Not in Custody

Type of Notice

  • CT-NOTPET, Notice of Hearing on Petition (SNAP).
  • JV-100, Juvenile Dependency Petition
  • JV-505, Statement Regarding Parentage
  • JV-510, Proof of Service - Juvenile
  • Copy of the Petition
  • Send to all parties entitled to receive notice.

Use the same forms as a child who is detained.

Delivery Method

First class mail in the recipient's primary language;electronic notice (with written consent).

First class mail in the recipient's primary language;electronic notice (with written consent).

Time Frame

As soon as possible, but at least five (5) calendar days prior to the hearing.

  • However, if the hearing is set in less than five (5) days, notice must be given at least twenty-four (24) hours prior to the hearing.

As soon as possible, and at least ten (10) calendar days prior to the hearing.

Exceptions/ Further Requirements

  • For children retained in custody, a Notification Letter is only necessary if the detaining CSW was unable to provide oral notice for the initial hearing.
  • If the person requiring notice is in criminal custody, send the written notice and petition to the place on incarceration within the required time frame.

If the person requiring notice is in criminal custody, send the written notice and petition to the place of incarceration within the required time frame.

For ex parte applications, telephonic notice of the request must be provided no less than twenty-four (24) hours in advance of the hearing. The date and time if the hearing must be approved by the court.

Jurisdictional/Dispositional Hearing (PRC)

Responsible Parties

The Dependency Investigator (DI) CSW or the case-carrying CSW in a vertical case management section is responsible for providing notices.

Notice Recipients

The following parties must be served a notice:

Person Required to be Noticed

Exceptions/ Further Requirements

Mother(s)

  • Unless parental rights have been terminated.

Father(s)

  • All presumed and alleged, unless parental rights have been terminated.

Legal guardian(s)

If a parent/legal guardian resides out-of state or their whereabouts are unknown:

  • Send the notice to any adult relative residing within the county or, if there are none, to the adult relative residing nearest to the court.
  • List the name(s) and address(es) of the relative in the indicated space on the cover sheet of the petition.
  • Provide notice of the hearing and, if possible, a copy of the petition to the relative who will serve as a substitute for the parent/legal guardian.

Child(ren)

  • When ten (10) years of age or older.

Attorney(s)

Notice counsel for parent(s), minor(s); counsel for legal guardians, Indian custodians (as applicable) -- unless the attorney was present in court when the hearing date was scheduled.

Any known sibling(s), if that sibling is either the subject of a dependency court proceeding or has been adjudged to be a dependent child of the juvenile court

The following requirements only apply when the sibling's hearing is calendared on a different day or in a different court than the child's hearing:

  • If the sibling is ten (10) years of age or older, notice the sibling, the sibling's caregiver, and the sibling's attorney.
  • If the sibling is under ten (10) years of age, notice the sibling's caregiver and the sibling's attorney.

Child Court Appointed Special Advocate (CASA)

If any

Child's Current Caregiver

Caregivers include a foster parent, pre-adoptive parent, relative caregiver, and nonrelative extended family member (NREFM).

Method of Service and Time Frame (PRC Hearing)

The responsible party is to provide notice according to the following guidelines:

 

Child in Custody

Child Not in Custody

Type of Notice

CT-NOTPET, Notice of Hearing on Petition (SNAP).

  • If including a summary of recommendations for a caregiver, use the notice form in their primary language.
  • JV-100, Juvenile Dependency Petition:
  • In item #2, add the WIC section 300 subdivisions under which the petition has been filed.
  • If the recommendation is for "No Reunification Services", add the following typed notice to the end of the petition and on the face of the JV-100 in capitalized, bold type:
  • "The Department of Children and Family Services may seek an order pursuant to WIC section 361.5(b) that no reunification services must be provided to the family, which would result in immediate permanency through termination of parental rights, adoption, legal guardianship, placement with a fit and willing relative or another planned living arrangement."
  • JV-510, Proof of Service - Juvenile
  • JV-505, Statement Regarding Paternity (Juvenile Dependency):
  • If not filed in the case records, give to all alleged father(s).
  • JV-290, Juvenile Council Caregiver Information Form:
  • Generate in SNAP.
  • Give only to child's current caregiver, if applicable, in his/her primary language.
  • JV-290 INFO, Juvenile Council Caregiver Information Form Letter:
  • Generate in SNAP.
  • Give only to child's current caregiver, if applicable, in his/her primary language.
  • DCFS JV-290 Cover Letter, Cover Letter:
  • Give only to child's current caregiver, if applicable, in his/her primary language.

Use the same forms as a child who is detained.

Delivery Method

  • When required person was not present at initial hearing:
    • Personal service or by certified mail return receipt requested (CMRRR). All CMRRR evidence of mailing and any returned receipts must be filed with the court.
  • When required person was present at initial hearing:

Personal service, first class mail or electronic notice (with written consent).

Time Frame

  • As soon as possible and at least five (5) calendar days prior to the hearing.
  • If hearing is set less than five (5) calendar days prior, then at least twenty-four (24) hours prior to the hearing.

At least ten (10) calendar days prior to the hearing.

Exceptions/ Further Requirements

If the recommendation is "No Reunification Services:"

  • Send a summary of recommendation for disposition with the JV-290, JV-290 INFO and DCFS JV-290 Cover Letter to the current caregiver. Do not send the jurisdiction/disposition report.
  • Include the summary of recommendations on the CT-NOTPET notice form (SNAP).
  • If the caregiver returns the JV-290 to the CSW instead of the court, submit the JV-290 to court prior to the hearing.
    • If received after the report has been sent to court, forward the JV-290 with a Last Minute Information (LMI) for the Court.
    • If not received in time to forward with a LMI, fax the JV-290 to the Juvenile Court Services (JCS) liaison.
 

If any parent's/legal guardian's whereabouts are unknown:

  • Initiate a Due Diligence search according to established procedures.
  • Send the notice to all potential or last known addresses identified on the Due Diligence Report.
For Subsequent jurisdictional/dispositional hearings:
  • Send notices for all hearings for which there is sufficient time to send the notice within statutory limits, unless specifically ordered by the court not to do so.

Notice under the Hague Service Convention is required if the parent resided outside the United States and has not made a general court appearance.

Same exceptions/further requirements, as a child who is detained.

WIC Section 364, 366.21, 366.22, 366.25, 366.3 or 366.31 Status Review Hearing

Responsible Parties

The case-carrying CSW must provide notice to the following parties when a WIC section 364, 366.21, 366.22, 366.25, 366.3 or 366.31 Status Review Hearing has been calendared.

Notice Recipients

The following parties must be served a notice:

Person Required to be Noticed

Exceptions/Further Requirements

Mother(s)

  • Unless parental rights have been terminated
  • No notice is required for a parent of a nonminor dependent (NMD), unless requested by the NMD or the parent who is receiving continued family reunification (FR) services.

Father(s)

  • Unless parental rights have been terminated.
  • For WIC section 364, 366.21, 366.22, & 366.25 hearings, notice:
  • Presumed father
  • Any adult male receiving services per court order
  • For WIC section 366.3 hearings, notice both:
  • Presumed father
  • Alleged father, if the recommendation is to set a new 366.26 hearing
  • No notice is required for a parent of a nonminor dependent (NMD), unless requested by the NMD or the parent is receiving continued family reunification (FR) services.

Legal guardian(s)

 

Child(ren) or NMD(s)

  • If ten (10) years or older,
  • For NMDs, notice must be sent to any known siblings of the NMD, the current caregiver of the NMD, and the NMD's court appointed special advocate (CASA).
  • If the NMD cannot attend the court hearing in person, telephonic court appearances are allowed.
  • If the court is considering termination of jurisdiction, ensure that the NMD is present in court unless any of the following apply:
  • He/she does not wish to appear in court;
  • He/she elects a telephonic appearance;
  • Unsuccessful efforts have been made to locate the NMD and these efforts have been documented.

Attorney(s)

  • Notice counsel for parent(s), minor(s), legal guardians, Indian custodians (as applicable) --unless the attorney was present in court when the hearing was scheduled.

Any known sibling, if that sibling is either the subject of a dependency proceeding or has been adjudged to be a dependent child of the juvenile court

  • If the sibling is ten (10) years of age or older, notice the sibling, the sibling's caregiver, and the sibling's attorney.
  • If the sibling is under ten (10) years of age, notice the sibling's caregiver and the sibling's attorney.
  • These requirements only apply when the sibling's hearing is calendared on a different day or in a different court than the child's hearing.

CASA

  • If applicable

Child or NMD's current caregiver

  • Caregivers include a foster parent, pre-adoptive parent, relative caregiver, nonrelative extended family member (NREFM), community care facility, or foster family agency (FFA) having custody of the child.
  • If notice is sent to the FFA and not directly to the caregiver's home certified by the FFA, the FFA must provide timely notice to the child's caregiver.

Method of Service and Time Frame (Status Review Hearing)

The responsible party is to provide notice according to the following guidelines:

Type of Notice

JV-280, Notice of Review Hearing – Juvenile (except NMDs)

JV-510, Proof of Service – Juvenile (except NMDs)

  • Generate in SNAP.

JV-290, Juvenile Council Caregiver Information Form

  • Generate in SNAP.
  • Give the form only to child's current caregiver, if applicable, in his/her primary language.

JV-290 INFO, Juvenile Council Caregiver Information Form

  • Generate in SNAP.
  • Give only to child's current caregiver, if applicable, in his/her primary language.

DCFS JV-290 Cover Letter

  • Give only to child's current caregiver, if applicable, in his/her primary language.

Delivery Method

First class mail, certified mail return receipt requested (CMRRR), personal service or electronic notice with written consent within the same time frames.

Time Frame

Notice of Review Hearing:

  • No earlier than thirty (30) calendar days but no later than fifteen (15) calendar days prior to the hearing.

Status Review Report and Transitional Independent Living Case Plan for youth fourteen (14) and over:

  • In California, at least seventeen (17) calendar days prior to the hearing.
  • Outside of California, at least twenty-two (22) calendar days prior to the hearing.
  • Mail to all parties, attorneys, and the CASA.
  • Do not send a copy of the report to the caregiver.

For a child or NMD's current caregiver or facility:

  • At least ten (10) calendar days before the hearing provide:
  • JV-280 or JV-281;
  • A summary of the recommendations for disposition and any recommendations for change in custody or status;
  • JV-290 and JV-290-INFO.

Exceptions/Further Requirements

  • If the parent's/legal guardian's whereabouts are unknown, send notice by CMRRR to his/her court-designated permanent mailing address and to all possible addresses identified in the Due Diligence Affidavit.

WIC Section 366.26 Hearing

Responsible Parties

For a WIC section 366.26 hearing, notice must be provided by the following individuals to the parties listed in the table below:

  • When the recommendation is adoption or legal guardianship,  the Dependency Investigator (DI) or the case-carrying CSW in a vertical case management section.
  • When the recommendation is Planned Permanent Living Arrangement (PPLA), the case-carrying CSW.

Notice Recipients

The following parties must be served a notice:

Person Required to be Noticed

Exceptions/Further Requirements

Mother(s)

Unless either:

  • Parental rights have been terminated; or

Father(s)

Unless either:

  • Parental rights have been terminated; or
  • An alleged father has denied paternity and waived the right to notice of future hearings on form JV-505, Statement Regarding Paternity (Juvenile Dependency)

Child(ren)

  • When ten (10) years of age or older

Grandparents of the child

If both the following apply:

  • Their addresses are known; and
  • The parent's whereabouts are unknown

Attorney(s)

  • Notice counsel for parent(s) and minor(s) --unless the attorney was present in court when the hearing was scheduled

Any known sibling(s) if that sibling is either the subject of a dependency court proceeding or has been adjudged to be a dependent child of the juvenile court.

The following requirements only apply when the sibling's hearing is calendared on a different day or in a different court than the child's hearing.

  • If the sibling is ten (10) years of age or older, notice the sibling, the sibling's caregiver, and the sibling's attorney.
  • If the sibling is under ten (10) years of age, notice the sibling's caregiver and the sibling's attorney.

Child Court Appointed Special Advocate (CASA)

  • If applicable

Current caregiver of the child

  • Caregivers include a foster parent, pre-adoptive parent, relative caregiver, and nonrelative extended family member (NREFM).

Method of Service and Time Frame (WIC Section 366.26 Hearing)

The responsible party is to provide printed (and/or electronic) notice according to the following guidelines:

Type of Notice

JV-300, Notice of Hearing on Selection of a Permanent Plan – Juvenile

JV-310, Proof of Service – Juvenile Hearing Under section 366.26 of the Welfare and Institutions Code Section

  • Generate in SNAP.

JV-290, Juvenile Council Caregiver Information Form

  • Generate in SNAP.
  • Give only to child's current caregiver, if applicable, in his/her primary language.

JV-290 INFO, Juvenile Council Caregiver Information Form

  • Generate in SNAP.
  • Give only to child's current caregiver, if applicable, in his/her primary language.

DCFS JV-290 Cover Letter

  • Give only to child's current caregiver, if applicable, in his/her primary language.

JV-505, Statement Regarding Paternity (Juvenile Dependency), if it is not on file.

Delivery Method and Time Frame for:

Mother(s) and Father(s), all presumed and alleged

If the Department's recommendation is adoption, notice may be by any of the following methods of service:

  • Court orders parent to return for the WIC section 366.26 hearing and orders notice to the parent by first class mail at the parent's usual place of residence or business only.
    • Notice must be mailed at least fifty-five (55) calendar days before the hearing.
  • Certified Mail Return Receipt Requested (CMRRR) mailed to parent's last know mailing address.
    • Must be mailed at least fifty-five (55) calendar days before the hearing.
    • The signed return receipt must be signed by the parent and filed in court for notice to be deemed legally sufficient.
  • Personal Service (i.e. hand delivery of the notice) at least forty-five (45) calendar days before the hearing.
  • Substituted Personal Service:
    • Notice is hand delivered to a competent person at least eighteen (18) years of age at the parent's usual place of residence or business.
    • Notice must be immediately followed by the mailing of a second notice to the parent by first class mail at the place where the notice was delivered at least fifty-five (55) calendar days before the hearing.
  • Electronic notice (in addition to printed notice; prior written consent required)

If the Department's recommendation is legal guardianship or planned permanent living arrangement, only first class mail sent to the parent's usual place of residence, or electronic notice is needed. However, CSWs may also provide notice using any of the four (4) methods of service listed above under the adoption recommendation section.

Out of state parent

If the Department's recommendation is adoption, legal guardianship, or planned living arrangement, notice may be by any of the following methods:

  • CMRRR mailed to the parent's usual place of residence or business at least fifty-five (55) calendar days before the hearing.
    • All CMRRR evidence of mailing and any returned receipts must be filed with the Court.
  • Court orders parent to return to the WIC section 366.26 hearing and orders notice to the parent by first class mail at the parent's usual place of residence or business only, which must be mailed at least fifty-five (55) calendar days before the hearing.
  • Personal service at least forty-five (45) calendar days before the hearing.
  • Substituted personal service
Whereabouts unknown parent

Due Diligence Search must be submitted to court at least ninety (90) calendar days before the hearing to obtain a court finding that the due diligence is legally sufficient. Once the court has deemed the due diligence to be legally sufficient, the CSW may then notice as follows:

  • If the Department's recommendation is adoption, and if the parent has an attorney, notice:
    • The parent's attorney of record by CMRRR mailed to the parent's attorney at least fifty-five (55) calendar days before the hearing (addressed to the parent "in care of" the attorney); and
    • The grandparents, if their identities are known, by first class mail at least fifty-five (55) calendar days before the hearing.
  • If the Department's recommendation is adoption, and if the parent has no attorney, notice is as follows:
    • The court shall order service by publication of the notice citation, which must run in a newspaper once a week for four (4) consecutive weeks with the last publication appearing no later than thirty (30) calendar days prior to the WIC section 366.26 hearing, not including the day of the hearing; and
    • The grandparents, if their identities and addresses are known, by first class mail at least fifty-five (55) calendar days before the hearing.
  • If the Department's recommendation is legal guardianship or planned permanent living arrangement, no further notice to the parent is required. However, notice must be sent to the grandparents, if their identities and addresses are known by first class mail at least 55 calendar days before the hearing.
Whereabouts unknown parent is subsequently found
  • If the Department's recommendation is adoption and the parent is in California, immediately serve notice by one of the following;
    • CMRRR mailed to parent's last known mailing address and signed by the parent, at least fifty-five (55) calendar days before the hearing. All CMRRR evidence of mailing and any returned receipts must be filed with the Court.
    • Personal service at least forty-five (45) calendar days before the hearing.
    • Substituted personal service
  • If the Department's recommendation is adoption and the parent is out of state, immediately serve notice by one of the following methods of service:
    • CMRRR mailed to the parent's usual place of residence or business at least fifty-five (55) calendar days before the hearing. All CMRRR evidence of mailing and any returned receipts must be filed with the court.
    • Personal service at least forty-five (45) calendar days before the hearing.
    • Substituted personal service
  • If the Department's recommendation is legal guardianship or planned permanent living arrangement and the parent is in California, immediately serve by first class mail to the parent's usual place of residence or business at least fifty-five (55) calendar days before the hearing.
  • If the Department's recommendation is legal guardianship or planned permanent living arrangement and the parent is out of state, notice may be provided by any of the following methods:
    • CMRRR mailed to the parent's usual place of residence or business at least fifty-five (55) calendar days before the hearing. All CMRRR evidence of mailing and any returned receipts must be filed with the court.
    • Personal service at least forty-five (45) calendar days before hearing
    • Substituted personal service
Parent's identity is unknown or name is uncertain

Due Diligence Search must be submitted to court at least ninety (90) calendar days before the hearing to obtain a court finding that the due diligence is legally sufficient. Once the court has deemed the due diligence to be legally sufficient, CSW may then notice as follows:

  • If the Department's recommendation is adoption, the court has the option of ordering publication or ordering no further notice.
  • If the Department's recommendation is legal guardianship or planned permanent living arrangement, no further notice to the parent is required.

Child ten (10) years or older

Sibling(s) (only if known, is a subject of dependency court, or if sibling's case is calendared on a different day and/or in a different court)

Grandparent(s) (only if whereabouts, identity, and address are known)

All attorneys of record (only if not present in court at time 366.26 hearing date was set)

Current Caregiver

CASA

If the Department's recommendation is adoption, legal guardianship or planned permanent living arrangement, notice must be by first class mail sent to the person's usual place of residence or business at least fifty-five (55) calendar days before the hearing.

Exceptions/Further Requirements

Removal orders for incarcerated parents must be issued according to established procedures.

  • Parties other than the CSW can personally notice parents:
  • In most counties, the Sheriff's Department performs this service.
  • Procedures for out-of-county personal service must be adhered to.

Notice must be given to a parent who resides in a country under the Hague Service Convention if all of the following apply:

  • He/she resides outside the United States; and
  • He/she has not made a general appearance; and
  • The recommendation is termination of parental rights (TPR).
  • If a WIC section 366.26 hearing is continued, regardless of the type of notice required, or the manner in which it is served, once the court has made the initial finding that WIC section 366.26 notice has been properly given to the parent or any entitled person, subsequent notice for any continuation of the hearing may be by:
  • First Class Mail to any last known address at least fifty-five (55) calendar days before the hearing; or
  • Per court order
  • If after the initial WIC section 366.26 hearing, the Department's recommendation for a permanent plan subsequently changes from that contained in the notice previously found to be proper by the court, notice for the new recommendation must be provided to the parent and to any person entitled to receive notice as indicated above.
PROCEDURE

Notification of Mailing Address

CSW Responsibilities

  1. Contact the trial attorney County Counsel to request a copy of the JV-140 if a copy has not been received within one week of the parent's first court appearance.
  2. When a parent has moved, but there is no JV-140 with the new address, send the hearing notice to the address designated on the JV-140 and a second notice to where the parent is currently residing.
    • Advise the parent to notify the court of their change of address by submitting new or updated JV-140 (and/or EFS-005-JV/JV-141) to the court or to seek the assistance of their attorney.

Noticing Parties Electronically

      1. When using SNAP, the
    electronic
      notices will be sent out automatically.
      • Attach Proof of Service (POS)/(JV-510) for the electronic notice
      • Write the date that the court report was mailed out on the POS document
  1. Attach Proofs of Service and any emailed responses from parties to the court report.

Noticing Parties for an Initial Petition/Detention Hearing, Including Ex Parte Application

  1. Provide notice to the required parties using the required method of service and time frame, taking note of any exceptions or further requirements.
    1. Make every attempt to notice dependent siblings and their attorneys of the time and place of the hearing.
      1. Search CWS/CMS to locate all dependent siblings and attorneys.
      2. If, due to the hour of the day the child was detained, it is not possible to notice dependent siblings and their attorneys, document in the Detention Report the names, addresses, telephone numbers and the reason(s) why this task was not completed (e.g., child was detained after 10:00 p.m.) so that Intake and Detention Control (IDC) can follow up.
      3. Continue efforts to notice the sibling(s) and attorney(s) on the following business day and submit a DCFS 4216, Last Minute Information for the Court, if necessary.
    2. If appropriate, ensure that notice requirements for Indian children are followed.
  2. Document in the Detention Report and in the Court Notebook all parties that have been provided notice of the hearing.
    1. Include the names of the person, his/her relationship to the child, and the date and time that notice was provided.

IDC CSW Responsibilities

  1. Confirm the Detention Hearing date with the parent(s) and/or legal guardian(s).
    1. Read the initial petition to the noticed party.
    2. Complete the Court Report Addendum.
  2. If the parent is in custody in a county incarceration facility, complete the DCFS 4217, Children's Social Worker Report and Order of Court for Removal of Prisoner from County Jail and submit to IDC support staff.
    1. IDC support staff will log and send the log to Juvenile Court Services (JCS) Liaison support staff for processing.
    2. Send the completed DCFS 4217 to the Juvenile Court Services (JCS) clerk as soon as possible but no later than three (3) business days prior to the hearing for processing.
    3. Complete the JV-450, Order for Prisoner's Appearance at Hearing Affecting Prisoner's Parental Rights and Waiver of Appearance, for parties incarcerated in state custody or in other county/city jails outside of Los Angeles County.
      • Send the completed JV-450 to the JCS Liaison Office in an envelope labeled, "Affidavit and Order for Removal of Prisoner."
      • If this is an Antelope Valley case, send it to the JCS Liaison Office for the Antelope Valley Court.
  3. If the detaining CSW has not already done so, contact the dependent siblings, their attorneys, and the court appointed special advocate (CASA) and provide oral notice.
    1. Document in the Detention Report and in the Court Notebook that the person(s) have been provided notice of the hearing.
      1. Include the names of the person, his/her relationship to the child, and the date and time that notice was provided.

Noticing Parties for an Initial Petition/Detention Hearing that is Continued

Detaining CSW/DI CSW Responsibilities

  1. Provide notice to the required parties using the required method of service and time frame, taking note of any exceptions or further requirements.
    1. Select the appropriate recommendation.
    2. Send a copy of the initial petition and the notice to all persons entitled to receive the notice.
    3. Ensure that requirements for Indian children are met.
  2. Submit a removal order for any incarcerated parent.
  3. Document the method of notice and the date it was provided to all parties in the court report.
  4. Print the notices and proofs of service.
    1. Attach them to the court report with any signed receipts for notices sent by certified mail.
    2. Retain copies in the case file.

Noticing Parties When a Jurisdictional/Dispositional Hearing is Calendared

DI CSW or Case-Carrying CSW Responsibilities

  1. If necessary, initiate a due diligence search for any parent/legal guardian whose whereabouts are unknown.
    1. Select the appropriate recommendation.
  2. Provide notice to the required parties using the required method of service and time frame, taking note of any exceptions or further requirements, including the JV-290 Caregiver Information Form and Cover Letter, if applicable.
    1. Ensure that requirements for Indian children are met.
  3. Submit a removal order for any incarcerated parent.
  4. Document the method of notice and the date it was provided to all parties in the Court Notebook and in the court report.
  5. Print the notices, JV-290, if applicable, and proofs of service.
    1. Attach them to the court report with any signed receipts for notices sent by certified mail.
    2. Retain copies in the case file.

Noticing Parties for a WIC Section 364, 366.21, 366.22, 366.25, 366.3 or 366.31 Status Review Hearing

Case-Carrying CSW Responsibilities

  1. Provide notices using the required method of service and time frame, taking note of any exceptions or further requirements, including the JV-290, Caregiver Information Form and Cover Letter, if applicable.
    1. Select the appropriate recommendation.
    2. Ensure that requirements for Indian children are met.
    3. Ensure that requirements for nonminor dependents (NMDs) are met.
  2. Submit a removal order for any incarcerated parent.
  3. Document the method of notice and date provided for all parties in the Court Notebook and court report.
  4. Print the notices, JV-290, if applicable, and proofs of service.
    1. Manually document the date the court report was mailed next to each party on the JV-510. Stating: "Court report mailed on {insert date}."
    2. Attach them to the court report with any signed receipts for notices sent by certified mail.
    3. Attach them to the court report with any signed receipts for notices sent by certified mail.
      1. For youth fourteen (14) and over, also attach the 90-day Transition Plan, if applicable.
    4. Retain copies in the case file.

Noticing Parties for a WIC Section 366.26 Hearing

DI CSW or Case-Carrying CSW Responsibilities

  1. Provide notices using the required method of service and time frame, taking note of any exceptions or further requirements, including the JV-290, Caregiver Information Form and Cover Letter, if applicable.
    1. Select the appropriate recommendation.
    2. Ensure that requirements for Indian children are met.
    3. Ensure that requirements for nonminor dependents (NMDs) are met.
  2. Submit a removal order for any incarcerated parent.
  3. Document the method of notice and date provided for all parties in the Court Notebook and court report.
  4. Print the notices, JV-290, if applicable, and proofs of service.
    1. Manually document the date the court report was mailed next to each party on the JV-510. Stating: "Court report mailed on {insert date}."
    2. Attach them to the court report with any signed receipts for notices sent by certified mail.
    3. Retain copies in the case file.
APPROVALS
None
HELPFUL LINKS

Attachments

Hague Notice and International Noticing Tips (10/2024)

County Counsel's ICWA Notice Program (02/2018)

JV-140 SNAP notice guide

Notice Chart Reference Guide (05/2017)

SNAP "How to Guide"

Forms

CWS/CMS / Simple Notice Application (SNAP)

CT-NOTPET, Notice of Hearing on Petition

DCFS 4216, Last Minute Information for the Court

ICWA-020, Parental Notification of Indian Status

ICWA-030, Notice of Child Custody Proceeding for Indian Child

ICWA-030(A), Attachment to Notice of Child Custody Proceeding for Indian Child

JV-100, Juvenile Dependency Petition (Version One)

JV-281, Notice of Hearing – Nonminor

JV-282, Proof of Service – Nonminor

JV-280, Notice of Review Hearing, Juvenile

JV-365, Termination of Juvenile Court Jurisdiction-Nonminor

JV-450, Order for Prisoner's Appearance at Hearing Affecting Prisoner's Parental Rights and Waiver of Appearance

JV-510, Proof of Service - Juvenile

JV-300, Notice Of Hearing On Selection Of A Permanent Plan - Juvenile

JV-310, Proof Of Service -- Juvenile Hearing Under Section 366.26 of the Welfare and Institutions Code Section

JV-505, Statement Regarding Paternity (Juvenile Dependency)

JV-550, Order for Prisoner's Appearance at Hearing Affecting Prisoner's Paternal Rights

LA Kids

DCFS 4216, Last Minute Information for the Court

DCFS 4217, Children's Social Worker Report and Order of the Court for Removal of Prisoner from County Jail

ICWA-010(A), Indian Child Inquiry Attachment

ICWA-020, Parental Notification of Indian Status

ICWA-030, Notice of Child Custody Proceeding for Indian Child

ICWA-030(A), Attachment to Notice of Child Custody Proceeding for Indian Child

JV-100 (Spanish), Juvenile Dependency Petition (Version One)

JV-140 (Spanish), Notification of Mailing Address

JV-510, Proof of Service— Juvenile

Notification Letter-Detention Hearing Antelope Valley Court

Notification Letter-Detention Hearing Edmund Edelman Court

Hard Copy

EFS-005-JV/JV-141, E-mail Notice of Hearing: Consent, Withdrawal of Consent, Address Change (Juvenile Dependency)

JV-505, Statement Regarding Parentage (Juvenile Dependency)

REFERENCED POLICY GUIDES

0050-503.85, Sensitive Referrals/Cases

0080-508.05, Fast Track to Permanency (FTP)

0300-306.27, Out of County Personal Service

0300-306.30, Notice of Publication for a WIC section 366.26 Hearing

0300-306.45, Removal Orders

0300-306.75, Due Diligence

0300-306.80, Transportation Requests to Bring Children/Youth to Court

1200-500.05, Adopting and Serving Children Under the Indian Child Welfare Act (ICWA)

STATUTES AND OTHER MANDATES

California Rules of Court (CROC), Rule 5.708(c) - States that at least 10 calendar days before the hearing, the social worker must file the report and provide copies to the parent or legal guardian and his or her counsel, to counsel for the child, to any CASA volunteer, and , in the case of an Indian child, to the child's identified Indian tribe.

CROC, Rule 5.534(m) – States the requirements for caregiver notices and their right to be heard (WIC sections 290.1–297, 366.21) for cases filed under section 300 et seq.

CROC, Rule 5.900 -- Provides preliminary provisions for nonminor dependents, including the right to appear by telephone.

CROC, Rule 5.903(c) – States the requirements for notices for nonminor dependent status review hearings (224.1(b), 295, 366(f), 366.1, 366.3).

Welfare and Institutions Code Section (WIC) 224.2 – Explains the notice requirement for Indian child custody proceedings.

WIC Section 290.1 – Explains the notice requirements when detaining a child.

WIC Section 290.2 – Explains the notice requirement when an initial petition has been filed.

WIC Section 291 – Explains the notice requirement for the Jurisdictional/Dispositional Hearing.

WIC Section 292 – Explains the notice requirements for the WIC section 364 Status Review Hearing.

WIC Section 293 – Explains the notice requirements for the WIC section 366.21, WIC 366.22, and WIC 366.25 Status Review Hearings.

WIC Section 294 – Explains the notice requirements for the selection and implementation hearing held pursuant to section 366.26.

WIC Section 295 – Explains the notice requirements for the review hearings held pursuant to sections 366.3 and 366.31, and for termination of jurisdiction hearings held pursuant to section 391.

WIC Section 349 (d) – States, in part, that if the minor is ten (10) years of age or older and he/she is not present at the hearing, the court will determine whether the minor was properly notified of his/her right to attend the hearing and inquire whether the minor was given an opportunity to attend.

WIC Section 316.1 - States the requirement that the parent(s)/guardian(s) provide a permanent mailing address to the court and; be advised that the address will be used by the court and DCFS and remain unchanged until the parent/guardian provides written notification to DCFS or the court of a new mailing address. The JV-140 or EFS-005-JV/JV-141 form must be used for this purpose.

WIC Section 361.5(e)(2) – States that DCFS will use the prisoner locator system developed by the Department of Corrections and Rehabilitation to facilitate timely and effective notice of hearings for incarcerated parents.

WIC Section 366.05 - Sets forth requirements and time frames for provision of Status Review Supplemental Reports to pertinent parties.

WIC Section 366.21 (c) – States that the JV-290, Judicial Council Caregiver Information Form must be sent to the child's foster parent, relative caregivers, or foster parents approved for adoption, in the caregiver's primary language when available, along with information on how to file the form with the court. This section requires a copy of the court report also be sent.

WIC Section 366.21 (d) – States, in part, that prior to any hearing involving a child in the physical custody of a community care facility or foster family agency that may result in the return of the child to the physical custody of his or her parent/legal guardian, or in adoption or the creation of a legal guardianship, the facility or agency will file with the court a report or a Judicial council Caregiver Information Form (JV 290), containing its recommendation for disposition.

WIC Section 388(e)(3) – States that the court will allow for telephonic appearances by a nonminor former dependent or delinquent for court hearings where he/she declines, elects, or is unable to attend.