Taking Children into Temporary Custody
0070-548.20 | Revision Date: 6/5/2024

Overview

This policy guide provides guidelines for taking children into Temporary Custody and determining when a child can safely remain in the home prior to a Detention/Initial Hearing.

Table of Contents

Version Summary

This policy guide was updated from the 08/25/21 version to add modifications which reflect the implementation of All County Letter (ACL) 23-64, including procedures to follow when taking Indian children into temporary custody. This version also includes information from Senate Bill 578, which amends WIC 319, and requires the social worker’s report to include an assessment of short and long term harm resulting from removal, least disruptive alternatives, and measures to alleviate disruption/minimize harms of removal.  

POLICY

Temporary Custody by DCFS

Temporary custody is the removal of a child at risk of abuse and neglect from the home of a parent or legal guardian. Temporary custody is subject to the warrant requirement of the US Constitution.  This includes placing a child on hospital hold

To detain a child at risk of abuse or neglect, a CSW must have one of the following:

  • Court Order
  • Exigent Circumstances
    • A CSW may detain a child without a court order if the CSW has reasonable cause to believe that a child is described by Welfare and Institutions Code (WIC) 300 (b) or (g) and is in imminent danger of suffering serious physical injury and there are no less intrusive means of protecting the child.
      • i.e., Child is at imminent risk of serious physical harm or sexual abuse, in need of immediate medical care for a serious medical condition or physical environment poses an imminent risk to child's health or safety.
      • The Indian Child Welfare Act (ICWA) allows for the emergency removal of Indian children when removal is necessary "to prevent imminent physical damage or harm" (WIC section 306(c)).
  • Consent
    • A parent/guardian consents to the removal of their child.

The Child and Family Team (CFT) process is still applicable and necessary even with the warrant requirement, but the delay in detaining potentially impacts a finding of exigent circumstances.  CFT Meetings (CFTMs) should only be used prior to detention if the child can remain safely in the home in the interim.  If during the CFTM new circumstances and information arise, re-evaluate to determine whether exigent circumstances exist to detain. 

When a CFTM is scheduled to discuss whether the children can remain safely in the custody of one or both parents, the CSW must make contact with the warrant desk to determine whether to begin proceedings to request a removal order or other court order.

If a child has been taken into temporary custody and it is determined that the child should be released back to the custody of one or both parents before the Detention/Initial Hearing, ARA approval is required.

Temporary Custody by Law Enforcement

Law enforcement has the authority to take children into temporary custody under WIC 300. When law enforcement detains or delivers (not detained) a child to DCFS, per WIC 306 and/or 309, a separate, independent safety assessment must be conducted by the CSW to determine if the child should be taken into temporary custody. To take a child into temporary custody, a CSW must have one of the following:

  • court order
  • exigent circumstances
  • consent

When law enforcement has taken a child into temporary custody and it is determined by DCFS that the child(ren) can return home permanently or pending a removal order, ARA approval and notification to law enforcement is required.

Temporary Custody of an Indian Child

Active efforts are affirmative, thorough and timely efforts intended primarily to maintain or reunify an Indian child with their family. Active efforts must be made prior to taking custody of an Indian child from their parents or Indian custodian unless emergency removal is necessary to prevent imminent physical damage or harm to the child. Active efforts requires DCFS to make all necessary contacts to identify and engage the child’s tribe. This allows for the CSW to include tribal representatives when providing early intervention services, including the initiation and development of a safety plan, as these representatives may be able to provide relevant information that would otherwise be unknown to the CSW. These active efforts should be documented in detail, in the case record and court reports.

In situations where the active efforts provided to the child and family were not successful, and it is clear the child continues to face an immediate safety threat, emergency removal may be the necessary intervention to ensure the safety of the child. The CSW must document in the case record and court reports that active efforts were unsuccessful and the reasons why. For additional information, refer to Adopting and Serving Children Under the Indian Child Welfare Act (ICWA).

Prior to any removal, the CSW must conduct a safety assessment. When it is known, or there is reason to know, the child is an Indian child, active efforts shall be made to keep the child with their family. This should include consulting, partnering, and collaborating with the child's tribe when conducting the safety assessment to identify necessary supports and services to help the family. For additional information, please refer to Structured Decision Making (SDM).

When an immediate safety threat has been identified during the completion of a safety assessment, the CSW shall develop a safety plan with the family and the tribe, if they have determined the parents or caregivers possess the protective capacity to mitigate the identified safety threat and they have the support of a safety network. For additional information, refer to Structured Decision Making (SDM) Safety Plans.

The ICWA allows for the emergency removal of Indian children when removal is necessary "to prevent imminent physical damage or harm" (WIC section 306(c)).  In such cases, the child may be immediately removed even though important ICWA provisions have not yet been applied. At first contact, social workers perform inquiry as described in ACL No. 23-46. Contact with the tribe shall at a minimum, include telephone, facsimile (fax), or electronic mail, and includes sharing information identified by the tribe as necessary for the tribe to make a membership or eligibility determination, as well as information on the current status of the child and the case. (WIC section 224.2(e)(2)(C).)

The child’s emergency placement must comply with the ICWA placement requirements. The CSW must consider all options that meet the ICWA placement preferences, including reaching out to other family members and the tribe to determine if the Indian child can be immediately placed with a non-offending parent, relative, extended family member, tribally specified placement, or other preferred placement, including a nonrelative extended family member (NREFM). The CSW must collaboratively seek out the tribe’s preferences and jointly identify placements for all individuals who meet these criteria, including those individuals not necessarily related to the child by blood or marriage, but who qualify as “extended family members” under tribal law or custom. Potential placements should be in the least restrictive setting and in close proximity to the child’s home, including exploring a Tribally Approved Home (TAH). Further guidelines and procedures for placing an Indian child can be located in Adopting and Serving Children Under the Indian Child Welfare Act (ICWA).

The child’s placement shall be consistent with the following placement preferences in descending order pursuant to WIC section 361.31:

  1. A member of the Indian child’s extended family;
  2. A foster home licensed, approved, or specified by the Indian child’s tribe, including a TAH;
  3. An Indian foster home licensed or approved by an authorized non-Indian licensing authority;
  4. An institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the child’s needs.

Please refer to “Indian Child Welfare Act (ICWA) – Emergency Removal/Placement Compliance Frequently Asked Questions” of ACL 23-64 for further information.

Senate Bill 578 was enacted on 10/8/2023 to amend WIC 319.  SB 578 only applies to cases where DCFS has detained from both parents or where DCFS is asking the court for a WIC 319 in-court detention from both parents.  This bill requires a social worker to report on, and a juvenile court to consider, the potential harms that may result from removing a child from their parent, guardian, or Indian custodian’s custody; and, if the child is or there is reason to know and/or believe the child is an Indian child, requires the social worker to report on what efforts have been made to contact and collaborate with the child’s tribe.

Amendments require the social worker’s Detention/Initial Hearing Report to include information regarding the short-term and long-term harms to the child that may result from their removal, including the child’s perspective on removal, the existing relationship between the child and members of the household, and the disruption to the child’s schooling, social relationships, and physical or emotional health that may result from placement out of the home.  In the case of an Indian child, the social worker is to also assess and report on the child’s connection to their tribe, extended family members, and tribal community.  The bill requires the social worker’s report to include placement options, including an assessment of the least disruptive alternatives to returning the child to the custody of their parent, guardian, or Indian custodian, and other measures that may be taken to alleviate disruption and minimize the harms of removal.  The bill requires the court to determine whether less disruptive alternatives to removal were considered, as specified.  The bill, if the court finds that removal is necessary, requires the court to set forth, in a written order or on the record, the child’s placement and the basis for its findings, whether the placement complies with specified placement preferences, and requires the court to include any orders necessary to alleviate any disruption or harm to the child resulting from removal.

If the court removes, the court must issue findings that set forth:

  • The basis for removal and evidence relied upon;
  • Court’s placement determination, including whether placement preferences have been complied with and if there were less disruptive alternatives;
  • Any orders necessary to alleviate any disruptions or harm to the child resulting from removal.

SB 578 prohibits the court from releasing a child to a parent, legal guardian, or Indian custodian, or other unsafe placement, due solely to the court determining the child was not offered less disruptive alternatives.

PROCEDURE

Taking a Child into Temporary Custody

CSW Responsibilities

  1. For Indian children, consult and collaborate with the child’s tribe as soon as possible to jointly complete the SDM Safety Assessment, SDM Risk Assessment, and to make removal decisions.
  2. Based upon the results of your investigation and SDM Safety Assessment, if the assessment indicates that the child can remain safely in the home, consult with the SCSW, and obtain the SCSW’s approval to have the child remain in the home with no further services or with the assistance of on-going services.
    1. If there is no immediate risk of harm to the child, utilize the CFTM process prior to removing the child. In the case of an Indian child, the CFTM shall  invite a tribal representative. 
      1. Evaluate whether the family and community’s strengths can be used to form action plans that will enable children to remain safely or immediately return home with appropriate services.
      2. Identify the risks to the child and the family’s strengths.
      3. In the case of an Indian child, thoroughly document in the contacts and on the court report all efforts to engage/invite a tribal representative to a CFTM.
    2. If during the investigation, it is determined that the family can benefit from community-based services to prevent removal and allow the child to safely remain in the home, refer the family to the appropriate level of services. For Indian children, this includes tribal programs and other culturally responsive services.
    3. When law enforcement has taken a child into temporary custody and it is determined by DCFS that the child(ren) can return home safely, ARA approval and notification to law enforcement is required.
  3. If one or more safety threats are present, and placement in out-of-home care is the only protecting intervention possible.
    1. Contact your SCSW, and
    2. Consult with ARA to discuss possible detention (including detentions on open Family Maintenance cases), unless there are exigent circumstances.
      • During the consultation, the discussion will include whether or not a CFTM may help inform the team’s decision to detain. In the case of an Indian child, the CFTM shall invite a tribal representative.
  4. Determine legal grounds for detention. This requires at least one of the following:
    1. Parental consent
    2. Exigent circumstances
    3. Court order for detention
    4. If you don’t have parental consent or exigent circumstances contact your SCSW and start gathering information for a warrant.  Refer to Obtaining Warrants and/or Removal Orders for more information.
  5. If the child is being removed from the home:
    1. Provide and review with the family the Full Disclosure Information When a Child is Taken in to Temporary Custody form.
    2. Ask the parents(s) if they would like to involve their faith-based practitioner or other community support person to find a suitable placement for the child. 
  6. Provide the parent or legal guardian (and the child 10 years or older) a copy of the DCFS 153, Dependency Court Information.
    1. Document this action in the Detention Report.
    2. If the parent is not available to receive the DCFS 153 in person, inform the parent/legal guardian by phone in their primary language that the DCFS 153, Dependency Court Information is available and can be picked up at the office or mailed to them.
  7. Gather the following information, which will need to be included in the Detention/Initial Hearing Report (Per SB 578):
    • Short-term and/or long-term harms to the child(ren) that may result from the removal of their parent, guardian, or Indian custodian
    • An assessment of the least disruptive alternatives to returning the child to the custody of their parent, guardian, or Indian custodian, including, but not limited to the following:
      1. How the child views their relationship with their parent/guardian/Indian custodian;
      2. The child’s response/perspective regarding removal;
      3. The relationship between the child and any siblings;
      4. The relationship between the child and other members of the household;
      5. Any disruption to the child’s schooling:
        1. Inquire about what school the child(ren) attend(s) and make all efforts for the child(ren) to remain in their School-of Origin;
        2. Follow additional procedures located in Education of DCFS-Supervised Children.
      6. Any disruption to the child’s social relationships;
      7. Effect removal will have on physical or emotional health of the child;
      8. In the case of an Indian child, any impact on the child’s connection to their tribe, extended family members, and tribal community;
    • Measures that may be available to alleviate disruption and minimize the harms of removal.
  8. After detention, initiate the ER Family Background 1 form. 
    1. If the child’s parent(s)/guardian(s)/Indian custodian are available, leave the Family Background Information 3, along with a self-addressed, stamped envelope, and ask the parent(s) to complete the form and use the return envelope to mail it back. 
    2. Also, make inquiries of any known adult relatives or nonrelative extended family members that may be able to care for the child (regardless of the relative’s immigration status). For Indian children, reach out to the child’s tribe, whenever possible, when making placement decisions and approvals. 
  9. If the parent, legal guardian, or Indian custodian was not home when the child was taken into temporary custody, leave a DCFS 134 at their residence.
    1. The DCFS 134 can be left under the door.
    2. The DCFS 134 should be translated and completed in the primary language of the family or legal guardian, whenever possible, by a bilingual CSW.
    3. For Indian children, the child’s tribe must receive notification of the emergency removal and notice of hearing.
      • Notice for the Detention/Initial Hearing should include the Indian custodian, if it is known that the child is an Indian child (as defined by WIC Section 224.1), and the child’s tribe, if it is known that the child is an Indian child (as defined by WIC Section 224.1).
      • If the child is in DCFS custody, notice to the enumerated individuals, including tribes, “shall be written or oral” at least twenty-four (24) hours prior to the hearing if the hearing is set to be heard in less than five (5) days, which is typically the case for children taken into custody (WIC Sections 290.1). 
  10. If the detention involves a drug exposed infant, request that the hospital fax a copy of the Newborn Risk Assessment and the child’s birth record.
    • Attach both to the Request for Removal Order and the Detention/Initial Hearing Report.
  11. Request that the parent, legal guardian, relative, nonrelative extended family member, or Indian custodian complete the DCFS 5649 This graphic links to a form tutorial video., Indian Ancestry Questionnaire.
  12. Complete the ICWA-010(A) for each child taken into temporary custody.  If there is any indication that the child or their parents or relatives are or may be of American Indian Heritage, the CSW is required to make further inquiry regarding the possible Indian status of the child by asking the parent/legal guardian, the child  (if appropriate) and if available, any relative, nonrelative extended family member, or Indian custodian. 
    1. Indicate the name and relationship of the person providing the information and include this information in the Contact Notebook and in the Detention/Initial Hearing Report.
    2. If a parent has claimed possible American Indian heritage, further investigate this possibility with any relative of that parent who might have more information regarding this issue, such as the full names and dates of birth of the American Indian ancestor. 
    3. Indicate which parent or relative is affiliated with which tribe(s), if known, and notify all the tribes of which the child may be a member or eligible for membership, and the Secretary of the Interior’s designated agent, the Sacramento Area Director, Bureau of Indian Affairs, that the child has been taken into temporary custody. At any time after this determination, if new information is disclosed, including that the tribe has changed its enrollment criteria, inquiry should restart to determine whether the child is an Indian child so ICWA will apply.
    4. Make efforts to place the child with a relative or extended family member.
    5. For Indian children, follow the “Placing an Indian Child in Foster Care” protocol.
      • When no preferred placement has been identified despite diligent efforts, active efforts to find suitable placements within those priorities shall be documented and reported in detail.
  13. Ask the parent, legal guardian, relative or nonrelative extended family member whether the child has any physical or medical condition that requires prescribed medication. 
    1. If the child is taking any prescribed medications, (including psychotropic medications), note the name of the medication, dosage, and the name, address and telephone number of the doctor prescribing the medication.
      1. Ask how long the child has been on the medication and whether the medication is successfully treating the child’s targeted symptoms.
      2. Ask if the child has any allergies to any medications.
      3. Ask if the child has had any side effects to the medication being taken.
    2. If the child has been hospitalized, note the dates and the reason for the hospitalization. Take all of the child’s medication and information about doctor’s appointments with the child to their placement so there is no lapse in the child’s medication.
      1. Remind the caregiver to administer the medication as directed by the medical provider.
      2. Document your findings in the Contact Notebook and Health Notebook.
    3. Take only medication(s) contained in a container, issued by a pharmacy, and containing a label with the name of the medication, dosage, and the name and telephone number of the doctor and/or pharmacy.
    4. If the child has a serious medical condition/diagnosis, a PHN should be consulted, per Joint Response Referral: Consulting with PHN.
  14. Ask the parent to sign the DCFS 179, DCFS 179-MH, and DCFS 179-PHI forms. 
    1. If the parent refuses to sign the DCFS 179 forms or if parents cannot be located, after giving notice to the parents, request in the Detention/Initial Hearing Report for the court to grant DCFS the ability to authorize medical, surgical, dental or other remedial care for the dependent child, by licensed practitioners as needed.
    2. Provide a copy of the DCFS 179-MH and the DCFS 179-PHI to the parent. 
  15. Within one (1) hour after the detention, advise each child ten (10) years or older that they have the right to make at least two (2) phone calls:
    1. One completed call to the parent, legal guardian or responsible relative.
    2. One completed call to an attorney.
      • If a child does not have an attorney of record and wishes to speak to any attorney, an attorney will be appointed at the Detention/Initial Hearing.
  16. Complete the SDM Safety Assessment tool in WebSDM within two (2) business days of initial contact for all referrals and the SDM Risk Assessment prior to closing the referral or promoting the referral to a case.
  17. Within two (2) hours of the detention, complete the petition referral request in the IDC Petition Tracking System located on LAKids.
    1. In situations where an ER CSW must detain a child after-hours and the case-carrying CSW or duty worker are unavailable to assist in the placement, the ER CSW shall contact Emergency Shelter Care (ESC) and the Accelerated Placement Team (APT). They will assist the CSW in locating a placement for the child and whenever possible assist in the placement and transportation of the child to the placement.
    2. The IDC Petition Tracking System will send out an email confirming the receipt of the petition referral request, which will provide the paperwork due date and hearing date.
    3. In situations where the CSW is unable to enter the correct detention dates or did not receive the confirmation email of the petition referral request, immediately call IDC M-F before 5:00pm or Emergency Response Command Post (ERCP) after-hours.
    4. Submit the petition referral request to the IDC Petition Tracking System before completing your Detention/Initial Hearing Report.  
  18. Initiate a placement search via the DCFS 280 and request a Placement Packet when a placement is secured.
    1. At the time of the initial placement, inform the caregiver of the requirement to utilize Medical Hubs.
    2. If the Juvenile Court has issued a non-disclosure order, advise the child and the caregiver of this court order not to divulge the child's whereabouts.
  19. Within five (5) hours after the child had been taken into custody, provide the parent/guardian with the telephone number where the child can be contacted.
    • The address of a licensed foster family home must be kept confidential until the dispositional hearing, at which time the court may authorize disclosure of the address. 
  20. Complete the Detention/Initial Hearing Report. Documents can be uploaded into the Petition Tracking System after successful submission of the petition referral request, or scanned and emailed to all four (4) IDC supervisors. Required documents must include the signature page, ICWA 010(A) for each child and any supporting documents by 5:00 p.m. on the due date identified on the confirmation email generated by the IDC Petition Tracking System
    • When completing the Detention/Initial Hearing Report, ensure to include relevant information according to SB 578.
  21. Update the Child and Adolescent Strengths and Needs (CANS) Assessment as needed.
  22. Determine if the child is eligible for a Multidisciplinary Assessment Team (MAT) referral. 
    • If the child is eligible, refer the family for a MAT assessment.
  23. In the case of an Indian child, schedule a CFT within thirty (30) days of entry into foster care. While the CFT meeting is not required prior to the emergency removal, it is required within thirty (30) days of entry into foster care in the case of an Indian child.
    • Invite the tribe in the CFT meeting to contribute to the development of the case plan, which includes planning for services and placement of the child.
      • Thoroughly document in the case records and court reports all efforts to engage/invite a tribal representative to a CFTM.
    • When possible, coordinate the CFT directly following an emergency removal, particularly when the child’s initial emergency placement deviates from the ICWA placement preferences.
    • When possible, meet with the tribe fifteen (15) minutes prior to the CFT, in order to work with the child’s tribe to address possible placement and services and whether a safety plan can be created.

SCSW Responsibilities

  1. Consult with CSW as needed to discuss:

    1. Identification of households and caregivers, SDM Safety Assessment findings, including any identified safety threats, and options for SDM safety planning.
    2. Whether there are any reasonable services available to the family that would eliminate the need to remove the child from the custody of their parent, guardian, or caregiver.
    3. Whether a non-offending caregiver can provide for and protect the child from abuse and/or neglect.
    4. Whether parental consent can be obtained for removal, exigent circumstances exist, or if there is time to schedule a warrant consult.
    5. The investigative work plan for the referral (refer to Investigation, Disposition and Closure of Emergency Response Referrals for further information).
  2. Consult with your ARA prior to requesting a warrant.

ARA Responsibilities

  1. Consult with CSW and/or SCSW to discuss possible detention.
  2. Use the “Three (3) Questions” format as part of the case consultation process to determine if the assessment is accurate and the definitions of the SDM tools have been met:
    1. What is working well?
    2. What are we worried about?
    3. What needs to happen next?
  3. In collaboration with CSW and SCSW, decide as a team whether a safety planning CFTM is needed to mitigate any short-term safety threat(s) until a subsequent CFTM can be facilitated.

  4. In the CWS/CMS Contact Notebook, enter a new contact summarizing the results of the consultation, including the answers to the “Three (3) Questions” format.

APPROVALS

SCSW

  • Temporary Custody
  • Returning a child home that law enforcement has turned over to DCFS

ARA

  • Returning a child home that law enforcement has turned over to DCFS
HELPFUL LINKS

Attachments

Timeframes for Submission of Detention Reports to IDC

ICWA 101 Agreement of Parent or Indian Custodian to Temporary Custody of Indian Child

Forms

CWS/CMS

DCFS 179, Parental Consent and Authorization for Medical Care

DCFS 179-MH, Parental Consent for Child’s Mental Health Assessment and for Child’s Participation in Mental Health Treatment

DCFS 179-PHI, Authorization for Disclosure of Child’s Protected Health Information (PHI)

DCFS 561(a), Medical Examination

DCFS 5210, Placement Address Disclosure

ICWA-010(A), Indian Child Inquiry Attachment (Hearing Notebook and LA County specific templates)

Individualized Investigation Narrative

Medical Hub Referral

Response to Mandated Reporter

LA Kids

DCFS 153 (Spanish), Dependency Court Information

DCFS 179 (Spanish), Parental Consent and Authorization for Medical Care

DCFS 179-MH (Spanish) (Armenian), Parental Consent for Child’s Mental Health Assessment and for Child’s Participation in Mental Health Treatment

DCFS 179-PHI (Spanish) (Armenian), Authorization for Disclosure of Child’s Protected Health Information (PHI)

DCFS 5649 This graphic links to a form tutorial video., (Spanish) Indian Ancestry Questionnaire

ER Family Background 1

Family Background 3 (Spanish)

Full Disclosure Information When a Child is Taken into Temporary Custody brochure (Spanish)

ICWA-010(A), Indian Child Inquiry Attachment (Hearing Notebook and LA County specific templates)

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

JV-285 (Spanish), Relative Information

Relative Notification Letter (Spanish)

Simple Notice Application (SNAP)

ICWA-010(A), Indian Child Inquiry Attachment

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

Hard Copy

DCFS 134, Notice of Detention

REFERENCED POLICY GUIDES

0070-548.00, Community-Based Resources

0070-548.01, Child and Family Teams

0070-548.10, Investigation, Disposition and Closure of Emergency Response Referrals

0070-570.10, Obtaining Warrants and/or Removal Orders

0070-560.05 Joint Response Referral: Consulting With PHN

0070-548.24, Structured Decision Making (SDM)

0070-548.25, Completing the Structured Decision Making (SDM) Safety Plan

0070-548.26, Child and Adolescent Needs and Strengths (CANS) Assessment

0100-510.21  Voluntary Placement

0100-510.61, Placement Responsibilities

0300-303.06, Hospital Holds

0300-303.15, Writing the Initial Hearing Report

0300-306.05, Noticing Process for Juvenile Court Proceedings

0300-508.30, Identifying and Notifying the Court of Recurring Efforts to Locate Relatives and Nonrelative Extended Family Members (NREFMs)

0600-500.00, Medical Hubs

0600-500.05, Multidisciplinary Assessment Team (MAT) Assessments and Meetings

0600-514.10, Psychotropic Medication: Authorization, Review, and Monitoring for DCFS Supervised Children

0700-500.10, Education of DCFS-Supervised Children

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

STATUTES AND OTHER MANDATES

All County Letter (ACL) No. 23-46– Provides information on the Indian Child Welfare Act Inquiry, Reason to Believe, Reason to know, and Notice Requirements

All County Letter (ACL) No. 23-64– Provides information on safety assessment, emergency removal and emergency placement of Indian Children.

Greene v. Camreta, (9th Cir.) (2009) 588 F.3d 1011

Senate Bill 578- Provides information on amendments to WIC 319, which require the court to determine whether less disruptive alternatives to removal were considered by the child welfare agency.

Welfare and Institutions Code (WIC) Section 224.2 – Explains a social worker's affirmative and continuing duty to inquire whether a child may be an Indian child, duty to further inquire when there is reason to believe the child may be an Indian child, and duty to provide notice when there is reason to know the child may be an Indian child.

WIC Section 209.1 – States that if the social worker determines that the child shall be retained in custody, they shall immediately file a petition pursuant to Section 332 with the clerk of the juvenile court, who shall set the matter for hearing on the detention hearing calendar. Explains who shall be given notice prior to the initial petition hearing.

WIC Section 300 – Describes types of child abuse in which a child may become a dependent child of the court.

WIC Section 306 – States the conditions under which any social worker in a county welfare department, or an Indian tribe that has entered into an agreement pursuant to Section 10553.1 while acting within the scope of the social worker’s regular duties under the direction of the juvenile court and pursuant to subdivision (b) of Section 272, may take a child into temporary custody.

WIC Section 308(a) – When a peace officer or social worker takes a minor into custody, they must immediately notify the minor’s parent, guardian, or a responsible relative that the minor is in custody and that the child has been placed in a facility authorized by law to care for the child, and shall provide a telephone number at which the minor may be contacted.  The confidentiality of the address of any licensed foster family home in which the child has been placed shall be maintained until the dispositional hearing, at which time the judge may authorize, upon a finding of good cause.

WIC Section 309(a) – States that upon delivery to the social worker of a child who has been taken into temporary custody, the social worker must immediately investigate the circumstances of the child and the facts surrounding the child’s being taken into custody and attempt to maintain the child with the child’s family through the provision of services.  The social worker shall immediately release the child to the custody of the child’s parent, guardian or responsible relative if appropriate

WIC Section 309(e) – States, in pertinent part, that a social worker must immediately investigate the circumstances of a child taken into temporary custody and must attempt to maintain the child with their family through the provision of services. It also states that the social worker must initiate efforts in identifying and locating relatives of the child within thirty (30) days of the child's removal from the home to give written and oral notification of the proceedings, if appropriate.

WIC Section 361.3(a) – States that in any case in which a child is removed from the physical custody of the child’s parents, preferential consideration shall be given to a request by a relative of the child for placement of the child with the relative.

WIC Section 361.31 – Lays out placement preference for Indian children, including adoptive placements.

WIC section 16507.4(b)(3)  –  Explains voluntary family reunification (VFR) services and the procedures for Indian children for VFR, designed to prevent the breakup of Indian families.

California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Division 31-130 – States the conditions under which the social worker must request law enforcement assistance.

CDSS Manual of Policies and Procedures (MPP) Division 31-135 – States that when a social worker determines that the child cannot be safely maintained in the child’s own home, the social worker must ensure that authority to remove the child exists prior to removal.