Set-On/Walk-On Procedures
0300-503.94 | Revision Date: 7/1/2014

Overview

This policy guide provides clarification as to which matters are handled as Walk-On requests and which matters require a hearing via a Set-On request. It also distinguishes matters that should be referred to the Court Liaison Section or to Intake and Detention Control (IDC).

Table of Contents

Version Summary

This policy guide was updated from the 07/16/10 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan.

POLICY

Walk-On/Set-On Requests

Walk-On/Set-On

A walk-on/set-on requires notice and the appearance of the parties. It also requires that the matter be heard in less than thirty (30) days. The CSW will submit a walk-on report and any other necessary forms to the Juvenile Court Services Court Liaison. The Liaison will work with the CSW to obtain a hearing date from the Court Clerk of the department to which the matter is assigned. The CSW is responsible for providing notice to all parties and documentation that notice has been provided.

WIC 385 – Change of Order

The WIC 385 is not a petition. It is a procedural requirement to request changing, modifying, or setting aside orders made by the court in the case of any person subject to its jurisdiction. The court may modify or set aside orders at any time if it deems it proper.

The Court Liaison/IDC Attachment lists the most frequently used reasons for requesting that a matter be walked-on or set-on, as well as, when these matters should be referred to the Court Liaison or to Intake and Detention Control (IDC).

Walk-On Reports

A walk-on report is 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.

All walk-on reports (appearance or non-appearance) are reviewed by Court Liaison for

Child safety and compliance with department policies and legal requirements. Walk on reports are to be submitted on an Ex Parte Application and Order and/or DCFS specific required form.

Set-On-Slip

A set-on slip is used to calendar an appearance hearing when the existing hearing date is more than thirty (30) days away. Appearance hearings require notice to all parties.

PROCEDURE

Set-On Requests

CSW Responsibilities

  1. Indicate a hearing date at least thirty (30) calendar days after the date the request is prepared.
  2. Complete all appropriate fields on the DCFS 4153, Juvenile Court Calendar Set-on Slip Dependency.
  3. Mail or fax the DCFS 4153 to Juvenile Court Services (JCS) at least thirty (30) days prior to the requested date.
  4. Upon receipt of the DCFS 4153 and/or notification by JCS of the new court date, create a new Hearing Notebook.
    • Ensure that the court report and notices are prepared and sent to court in a timely manner.

JCS CSW Responsibilities

  1. Review the DCFS 4153 and submit the form to the Juvenile Court Clerk's Office for calendaring.
  2. Upon receipt of the DCFS 4153 from the Juvenile Court Clerk's Office with the new court date:
    1. Contact the CSW or SCSW by phone before the end of the business day to inform him/her of the new court date.
      • If unable to contact the CSW and/or SCSW by phone, contact the Duty Worker and inform him/her of the new court date.
    2. Fax or mail the completed DCFS 4153 to the CSW.
    3. Log in the Set-on request on the designated log.

SCSW Responsibilities

  • Assist the CSW, as needed, in entering the new court date upon receiving notification from JCS.

Walk-On Requests

CSW Responsibilities

  • Submit the walk-on report to the Juvenile Court Services (JCS) Liaison Section using an Ex-Parte Application and Order.

JCS Liaison Staff Responsibilities

Reports are usually received from the field by messenger or by fax.

  1. Review the report and attachments for, child safety, and compliance with departmental policies and legal requirements.
    1. Verify that the referenced attachments are included.
    2. Check any additional requests and/or attachments included with the report to see if they require a different process.
    3. Ensure that any documents that should not be attached (such as internal DCFS records) are removed.
  2. If the report is found to be appropriate, write "CC" (copy correct) along with your initials on the upper left-hand corner.
  3. Place the report in the basket labeled "Ready for logging."
  4. Log the report on the "Clerk's Office Daily Log" (Walk-on Online Liaison Application), under the appropriate report type.
  5. If a report is not appropriate:
    1. Contact the CSW or SCSW for corrective action.
    2. Discuss the case with the Court Liaison SCSW; or
    3. Consult with the County Counsel of record on the case.
  6. If the matter cannot be resolved and the report is not appropriate and not in compliance with policy, reject the report.
    • Write "R" (rejected) along with your initials on the upper left-hand corner, and indicate the reason the report is being rejected.
  7. Log the insufficient Report in the Walk-on Liaison Application, under Rejects.

Walk-On/Set-On Requests

CSW Responsibilities

  1. Submit the walk-on report to Juvenile Court Services (JCS) Liaison.
  2. Notice all parties affiliated with the case, including attorneys, after receiving confirmation of the court date from the JCS Liaison.

JCS Liaison Staff Responsibilities

Reports are usually received from the field by messenger or by fax.

  1. Review the report and attachments for, child safety, and compliance with departmental policies and legal requirements.
    1. Verify that the referenced attachments are included with the report.
    2. Check any additional requests and/or attachments included with the report to see if they require a different process.
    3. Ensure that any documents that should not be attached (such as internal DCFS records) are removed.
  2. If the report is found to be appropriate, write "CC" (copy correct) along with your initials on the upper left-hand corner.
  3. Once the report has been processed and is deemed appropriate, search the Juvenile Automated Index (JAI) to identify attorneys of record.
  4. Contact the clerk of the department and inform him/her who the attorneys of record are, and obtain a court date.
  5. Inform the CSW of the court date and instruct them to notice all parties, including the attorneys.
  6. Instruct the CSW to submit a DCFS 4216, Last Minute Information to the Court directly to the courtroom where the matter will be heard, documenting when, and what parties were notified of the court hearing.
    • If paper notices were sent, the CSW must send notices directly to the courtroom.
  7. Place the report in the basket labeled "Ready for logging."
  8. Log the report on the "Clerk's Office Daily Log" (Walk-on Online Liaison Application), under the appropriate report type.
  9. If a report is not appropriate:
    1. Contact the CSW or SCSW for corrective action.
    2. Discuss the case with the Court Liaison SCSW; or
    3. Consult with the County Counsel of record on the case.
  10. If the matter cannot be resolved and the report is not appropriate and not in compliance with policy, reject the report.
    • Write "R" (rejected) along with your initials on the upper left-hand corner, and indicate the reason the report is being rejected.
  11. Log the insufficient Report in the Walk-on Liaison Application, under Rejects.
APPROVALS
None
HELPFUL LINKS

Forms

LA Kids

DCFS 4153, Juvenile Court Calendar Set-on Slip Dependency

DCFS 4216, Last Minute Information to the Court

Attachments

Court Liaison/IDC Attachment

REFERENCED POLICY GUIDES

0070-559.10, Clearances

0300-306.05, Noticing Process for Juvenile Court Proceedings

0300-308.07, Time Frames for Submission of Court Reports

0300-503.30, WIC 385: Requesting a Change in Order