Incarcerated Parents/Dependent Minors Removal/In-custody Transportation Requests
0300-306.45 | Revision Date: 7/20/2022

Overview

This policy guide provides instruction on how to ensure that parents are present at permanency hearings or that they waive their right to appear.

Table of Contents

Version Summary

This policy guide was updated from the 07/01/14 version to reflect the current practice of submitting In-custody Transportation Requests for Incarcerated Parents/ Dependent Minors through email.

POLICY

Removal Orders

A removal order will be completed by the case-carrying CSW or the Dependency Investigator (DI) when a court orders an incarcerated parent to be present at a court hearing, even if it is not a jurisdictional/dispositional hearing or a WIC 366.26 hearing to terminate parental rights.

By law, youth, nonminor dependents (NMDs), and parents, who are incarcerated are entitled to appear in dependency court proceedings. When a parent, youth, or NMD is in custody in a state prison, the California Rehabilitation Center, a county jail, or a Division of Juvenile Justice facility (formerly the California Youth Authority (CYA)), the court must issue, by law, an order for their removal so that they may be present at any of the following:

  • A hearing to adjudicate the child to be a dependent of the court.
  • A hearing pursuant to WIC 366.26 hearing to terminate parental rights.

It is not legally required for an incarcerated parent to be present at a WIC 366.26 hearing in the following circumstances:

  • For a legal guardian to be appointed
  • When the permanent plan is a permanent placement living arrangement.

For parents, a removal order is required for jurisdictional/dispositional hearings that will adjudicate their child to be a dependent of the court and for WIC 366.26 hearings to terminate parental rights.

  • In general, a request for a removal order should be made for appearance hearings when a parent is incarcerated in Los Angeles County or in a local facility.
  • For a dependent teen parent, by law, they are only required to be present before the juvenile court at the following hearings:
    • Jurisdiction/Dispositional hearings that will adjudicate their child to be a dependent of the court
    • WIC 366.26 hearings to terminate parental rights
    • Dependency hearings in which the teen parent is also the child in the dependency case.

Court officers regularly complete the requests for a removal order when a prisoner is in court for a hearing and when the court has ordered the incarcerated individual to return for the next hearing. The box copy of the court hearing results sent to the CSW will note that a court officer completed the removal order.

The CSW must complete and process a removal order for a parent to be present at any jurisdiction/dispositional hearing that will adjudicate a child/NMD to be a dependent of the court and at any WIC 366.26 hearing to terminate parental rights. CSWs are required, by law, to notify incarcerated parents and youth for all appearance hearings. Failure to provide proper notice to incarcerated parents will result in the denial of the parent’s due process rights and will result in court continuances and possible sanctions against DCFS. When a Dependency Investigator (DI) is assigned to a case, they, rather than the CSW, will assume responsibility for the removal order.

A parent/NMD in a federal facility or in an immigration holding facility within California can only be brought to court by the federal marshal upon an order of the federal court.

CSWs are also required to take the following actions, based on where the parent is incarcerated:

Location where Parent is Incarcerated

CSW Required Action(s)

A Los Angeles County or in a local facility

  • Complete and process a removal order by completing the DCFS 4217, CSW's Report and Order of Court for Removal of Prisoner from County Jail.

A California state prison, in a facility outside of Los Angeles County, or in a Division of Juvenile Justice facility

  • Complete and process a removal order by completing:
  • JV-450, Order for Prisoner's Appearance at Hearing affecting Prisoner's Parental Right
  • JV-451, Prisoner's Statement Regarding Appearance at Hearing Affecting Parental Rights

Outside of California, in any federal facility, or in an immigration holding facility that is inside or outside of California

  • CSWs are not required to submit a JV-450 or a JV-451 or to contact the County Counsel.
  • In these cases, parents are not required to appear at the hearing.

For information and specific contact information on state and local correction departments, refer to: https://www.usa.gov/state-corrections

PROCEDURE

For a Parent Incarcerated in a California State Prison

Case-Carrying CSW or DI Responsibilities

For a parent incarcerated in a California state prison facility or in a facility outside of Los Angeles County, including a county or city jail:

  1. Contact the California Department of Corrections and Rehabilitation at https://www.cdcr.ca.gov/ to determine the parent’s current location and to obtain the parent’s prison identification number.
    1. Provide, as requested, the parent’s full name, all aliases, date of birth, and prison identification number if known.
  2. If a parent wishes to attend a hearing other than a jurisdictional/dispositional hearing that will adjudicate their child to be a dependent of the court, or a WIC 366.26 hearing to terminate parental rights, have them contact their attorney to assist with the request.
    1. If a parent has not retained or been appointed an attorney, and it appears reasonable to request their removal for an attorney to be appointed, submit a request for a removal order.
  3. When determining whether a removal request is appropriate for a parent, consider the distance between the facility and the court as well as the danger involved in transporting the parent.
    1. Consult with the County Counsel assigned to the case or with the out-stationed County Counsel, as needed.
    2. Notify the court in the court report of the parent’s desire to attend the upcoming hearing.
    3. If the court report has already been written, submit a completed DCFS 4216, Last Minute Information for the Court, to the court.
  4. At least six (6) weeks prior to the scheduled hearing, type and complete all fields on the JV-450, Order for Prisoner's Appearance at Hearing Affecting Prisoner's Parental Rights, and the JV-451, Prisoner's Statement Regarding Appearance at Hearing Affecting Parental Rights.
    • After completion of the JV-450 and JV-451, email the forms for processing to the DCFS In and Out Request desk at InandOutRequests@dcfs.lacounty.gov and include in the email that a processing receipt is needed. For questions regarding processing CSWs may contact the In and Out desk at (323) 526-6729 or the Statewide Office at (213) 974-4565.
  5. If a parent wishes to come to a court hearing and is incarcerated at Pelican Bay or at Susanville State Prison, the JV-450 and the JV-451 must be accompanied by a court order that requests the Sheriff’s Department to transport the parent to the hearing.
    1. If the most recent court order does not specifically state that the parent is be transported to the court and that they are incarcerated at Pelican Bay or Susanville:
      1. Send the JV-450, the JV-451, via email to: InandOutRequests@dcfs.lacounty.gov and include in the email that a processing receipt is needed.
      2. Indicate the date the CSW spoke with the parent, their unwillingness to sign a waiver, and their desire to come to court.
      3. When an appearance hearing is scheduled for less than six (6) weeks, notify the County Counsel of the date the minute order was received.
      4. Document this information on the Addendum Report or in the court report, if one is required for the next appearance hearing, and send the report to the court.
  6. Send the original, not faxed, version of JV-450 and JV-451, as well as two (2) copies of these forms with carbon paper to the court in an envelope that is addressed, “Attention: Juvenile Court Services Liaison Office: Affidavit and Order for Removal of Prisoner.”
    1. Deposit the envelope in the designated location for delivery to the court at least six (6) weeks prior to the scheduled hearing.
    2. If it is an Antelope Valley case, send it to the Juvenile Court Services Liaison Office for the Antelope Valley Court.

For a Parent/Nonminor Dependent (NMD) Incarcerated in a County or City Jail Outside of Los Angeles County

Case-Carrying CSW or DI Responsibilities

For parents or nonminor dependents (NMDs) incarcerated in a Los Angeles County or local city jail, or for youth incarcerated in a Los Angeles County probation facility, adhere to the following steps:

  1. For incarcerated parents, follow the procedure outlined in For a Parent Incarcerated in a California State Prison.
    1. Obtain the parent’s booking number by calling the facility where the parent is incarcerated.
    2. As requested, provide the parent’s full name, all aliases, and date of birth.
  2. If a parent has not been sentenced (e.g. is still awaiting trial or sentencing), the removal process cannot be used. In such cases:
    1. Seek the removal order from the court handling the criminal case.
    2. Contact the County Counsel handling the case for assistance in obtaining the removal order from the criminal court.
  3. For youth who are incarcerated in a probation facility outside of Los Angeles County, contact the Juvenile Out-of-County Transit Unit at (323) 266-2323 or (323) 226-2210 no later than one (1) week prior to the scheduled hearing.

For a Parent or NMD Incarcerated in a Los Angeles County or a Local City Jail

Case-Carrying CSW or DI Responsibilities

For parents or NMDs who are incarcerated in a Los Angeles County or in a local city jail:

  1. If the removal order was not requested by the court officer:
    1. Call the facility where the parent is presumed to be incarcerated.
    2. Verify with the jail that the parent is still incarcerated.
    3. Obtain the parent’s booking number.
  2. At least three (3) days prior to the jurisdiction/disposition hearing that will adjudicate the child to be a dependent of the court, or to the WIC 366.26 hearing to terminate parental rights:
    1. Complete the DCFS 4217, CSW's Report and Order of Court for Removal of Prisoner from County Jail.
    2. Record the following information on the form:
      • Child’s name
      • Case number
      • Parent’s name
      • Parent’s booking number
      • Parent’s relationship to the child
      • DCFS and Regional Office
      • Type of hearing
      • Date of hearing
      • Location of the hearing site, including the address and telephone number
  3. Sign the DCFS 4217 and email the form to InandOutRequests@dcfs.lacounty.gov for processing and include in the email that a processing receipt is needed. For questions regarding processing CSWs may contact the In and Out desk at (323) 526-6729 or the LA County Sheriff’s Office at (213) 974-4571.

Case-Carrying CSW, DI, or Office Designee Sending the Report Responsibilities

For parents or NMDs who are incarcerated in a Los Angeles County or in a local city jail:

  1. Email the DCFS 4217 to InandOutRequests@dcfs.lacounty.gov and include in the email that a processing receipt is needed.

For a Parent/NMD in a Federal Facility

Case-Carrying CSW or DI Responsibilities

  1. If a parent or nonminor dependent (NMD) is believed to be in federal custody, call the United States Bureau of Prisons at https://www.bop.gov/inmateloc/ to determine where and if they are still incarcerated.
    1. Obtain the parent/NMD’s booking number.
    2. Provide the booking number to the County Counsel.
  2. Send the applicable notice and any necessary accompanying documents, such as court reports, a copy of the petition, etc., to the parent/NMD within the specified legal timeframes.
    • The County Counsel will file the necessary papers in federal court to have the parent brought into court.

For a Youth Incarcerated in a Los Angeles County Probation Facility

Case-Carrying CSW or DI Responsibilities

  1. Contact Juvenile Probation Transportation at (323) 226-2323 no later than twenty-four (24) hours prior to the scheduled hearing.
  2. Provide the Department of Probation https://probation.lacounty.gov/#juvenile with the youth’s name, date of birth, and their Juvenile Automated Index (JAI) number.
    • The Department of Probation requires a copy of the minute order when requesting the incarcerated youth’s presence.
  3. Fax the minute order to Movement Control at (323) 441-1110.
  4. Call Juvenile Probation Transportation to confirm that the minute order was received and that the child was transported.
  5. Notify the court on the Addendum Report that Juvenile Probation Transportation was contacted and will transport the child to court.
    • Dependency Court Shelter Care will not be used.
  6. Attach the Addendum Report to the court report, when possible, and send to the court.
  7. Document all contacts with the Probation Department in the Contact Notebook.

Responding when Probation Refuses to Transport a Youth

Case-Carrying CSW or DI Responsibilities

  1. Notify the court on the Addendum Report that the Probation Department has been contacted and that it refused to transport the youth.
    1. State the reason Probation has refused to transport the child
  2. Attach the Addendum Report to the court report when possible, and send it to the court.
  3. Document all contacts with the Probation Department in the Contact Notebook.

For a Teen Parent/Youth Incarcerated in a Division of Juvenile Justice Facility

Case-Carrying CSW or DI Responsibilities

  1. Contact the Division of Juvenile Justice at https://www.cdcr.ca.gov/juvenile-justice/ to obtain the teen parent/youth’s identification number.
  2. At least six (6) weeks prior to the scheduled hearing, type and complete all fields of the JV-450, Order for Prisoner's Appearance at Hearing affecting Prisoner's Parental Rights, and the JV-451, Prisoner's Statement Regarding Appearance at Hearing Affecting Parental Rights.
  3. Email the request to the DCFS In & Out desk at InandOutRequests@dcfs.lacounty.gov and include in the email that a processing receipt is needed.

Case-Carrying CSW, DI, or Office Designee Sending the Report Responsibilities

  1. Email the JV-450 and the JV-451to InandOutRequests@dcfs.lacounty.gov
  2. Place a copy of the JV-450 and JV-451 in the legal folder.
APPROVALS
None
HELPFUL LINKS

Attachments

California Department of Corrections and Rehabilitation Litigation Coordinators and Fax Numbers

For information on state and local correction departments, refer to https://www.usa.gov/state-corrections

Forms

CWS/CMS

DCFS 4217, CSW'S Report and Order of Court for Removal of Prisoner from County Jail

JV-280, Notice of Hearing Status Review Hearing

JV-300, Notice of Hearing on Selected Permanent Plan

JV-310, Proof of Service Juvenile Hearing Under 366.26

JV-450, Order for Prisoner's Appearance at Hearing affecting Prisoner's Parental RightsJV-451, Prisoner's Statement Regarding Appearance at Hearing Affecting Parental Rights

JV-510, Proof of Service

LA Kids

DCFS 4216, Last Minute Information for the Court

DCFS 4217, CSW'S Report and Order of Court for Removal of Prisoner from County Jail

JV-450, Order for Prisoner's Appearance at Hearing affecting Prisoner's Parental RightsJV-451, Prisoner's Statement Regarding Appearance at Hearing Affecting Parental Rights

JV-510, Proof of Service

REFERENCED POLICY GUIDES

0070-559.10, Clearances

0300-306.05, Noticing Process for Juvenile Court Proceedings

STATUTES AND OTHER MANDATES

California Rules of the Court 5.530 – States, in part, that children as well as all parents, de facto parents, Indian custodian and guardians of the child have a right to be present at the juvenile court hearings.

Penal Code (PEN) Section 2625 – States, in part, the actions affecting prisoner’s parental and martial rights, dependency guardianship, notice, and order for appearance.

Welfare and Institutions Code (WIC) Section 290.1, 290.2, 291, 292, 294, 295 – States, in part, that the probation officer or social worker shall serve notice to the mother, presumed and alleged father(s), legal guardian(s), children ten (10) years of age or older, whose whereabouts are known or become known prior to initial, jurisdictional/dispositional, status review selection, implementation, and sequential dependency hearings. It is not required to send notices to parents whose parental rights have been terminated.