Vacation Requests
0300-503.80 | Revision Date: 7/1/2014

Overview

This policy guide outlines how to request court authorization for a vacation or excursion plan for a court-dependent child/youth.

Table of Contents

Version Summary

This policy guide was updated from the 12/21/11 version, as part of the Policy Redesign, in accordance with the DCFS Strategic Plan.

POLICY

Vacations and Excursions

A vacation or excursion request for a child may require court authorization. Court authorization is required for children residing in their parent's home or in a placement in the following situations:

  • The child is traveling outside of the United States, regardless of whether the parent(s) agrees to the proposed trip.
    • If the parent agrees, the vacation or excursion plan is heard as a non-appearance hearing.
    • If the parent does not agree, the plan is heard as an appearance hearing.
  • The child is being taken on a vacation or excursion by someone other than the parent, legal guardian, or caregiver.
    • In such as case, the vacation or excursion plan is heard as a walk-on, non-appearance hearing.
  • A request is made for a child to spend a vacation with a relative or family friend who resides outside of California.
  • There is an objection to a vacation or excursion by DCFS or a parent.

If the planned vacation or excursion is planned outside of California but within the United States, no authorization is needed unless:

  • There is a problem or objection from the parent(s)
  • There is an existing court order

For pre-disposition cases, the Dependency Investigator (DI) is responsible for requesting the order to allow a child's vacation or excursion. For post-disposition cases, the case-carrying CSW is responsible for this request.

If DCFS objects to a proposed vacation or excursion plan, and if there is no previous court order prohibiting this plan, an appearance hearing must be calendared.

Role of the CSW

CSWs must emphasize to the parent(s), legal guardian(s), and caregiver(s) the importance of notifying DCFS of any proposed vacation or excursions well in advance of the departure date. On a periodic basis and particularly during the holidays and at the beginning of summer, CSWs must ask a child's parent(s), legal guardian(s), or caregiver(s) if they are planning a vacation or excursion.

Though not encouraged, CSWs may authorize a caregiver's excursion or a vacation within the United States without obtaining a parent/legal guardian's consent. If parental rights have been terminated, a parent/legal guardian's consent does not need to be obtained.

Vacations and the Interstate Compact on the Placement of Children (ICPC)

Dependent children may go on visits and vacations out-of-state for thirty (30) days or less without the approval of the Interstate Compact on the Placement of Children (ICPC).

  • A longer vacation may be considered if it begins and ends within the period of a child's vacation from school.
  • An out-of-state visit or vacation may not be extended or renewed to exceed thirty (30) days or the length of the school vacation period. If an out of state visit or vacation extends beyond thirty (30) days, the placement will be terminated and the payment will stop.
  • An out of state visit or vacation may not be extended into a placement without ICPC approval.
  • The ICPC is used only for placement requests and not for vacation requests.
  • Courtesy supervision will not be provided to a child who is on a visit out of state.
PROCEDURE

Vacation or Excursion Plans inside the United States

Case-Carrying CSW and/or Dependency Investigator (DI) Responsibilities

  1. Discuss with the parent, legal guardian, or caregiver their vacation or excursion plans.
    1. Determine if the plans conflict with any scheduled court hearing dates.
    2. If there is a conflict, inform the respective parent, legal guardian, or caregiver that the court hearings will most likely occur without them.
  2. When there are concerns regarding the safety of the child, the child missing school or medical appointments, or other concerns immediately review the facts of the case with the SCSW.
    1. Determine what actions, if any, should be taken. Such actions may include requesting that the court prevent the parent, legal guardian, or caregiver from taking the child on the vacation or excursion.
    2. If it is determined that DCFS will seek a court order to prevent a child's travel plans due to a concern, refer to Responding to an Opposed Vacation or Excursion.
  3. If the child is in the Medical Case Management Services (MCMS) Unit, request a report from the child's primary care physician that indicates the child's ability to travel.
  4. If the child is undocumented, determine if it is safe for them to travel. If necessary, consult with the Special Immigrant Status (SIS) Unit at sisuib@dcfs.lacounty.gov 
  5. If you and the SCSW determine that the vacation or excursion is approved:
    1. Inform the respective parent, legal guardian, or caregiver that they may take the vacation or excursion.
    2. Notify the child's attorney via email or telephone that the vacation or excursion has been approved, and provide the following information:
      • Dates of travel
      • Travel location
      • Method of traveling
      • Name and relationship of the person accompanying the child
  6. Document all contacts with the parent, legal guardian, or caregiver and with the child's attorney in the Contact Notebook.
  7. Document all contacts with the SCSW, DI, or case-carrying CSW in the Case Notes.

Case-Carrying CSW and/or DI Responsibilities

  1. Prior to requesting court permission, interview the individual(s) requesting to take the child on the vacation/excursion.
    1. If the child is traveling with someone other than their parent, legal guardian, or caregiver:
      1. Obtain a LiveScan on the individual(s).
      2. Attach the results of all requested criminal records on the individual(s) to the court report.
      3. Assess the individual(s) suitability to travel with the child. If an individual is not appropriate, the child should not accompany them.
      4. Inform the child of the decision.
      5. Notify the individual(s) that court authorization must be obtained prior to the child being allowed to accompany the individual on the vacation/excursion and that the consent of a parent/legal guardian is not enough.
    2. Discuss the vacation/excursion plans with the parent, legal guardian, or caregiver.
      1. Determine if the plans conflict with any scheduled court dates.
      2. If there is a conflict, inform the parent, legal guardian, or caregiver that hearing will most likely proceed without them.
      3. If there are concerns regarding the safety or well-being of the child, address them in the report to the court.
  2. If the child is in the Medical Case Management Services (MCMS) Unit, request a report from the child's primary care physician that indicates the child's ability to travel.
  3. Refer to the U.S. Department of State's Alerts and Warnings website to verify if there is a travel warning for the country that the child plans to travel to.
  4. If no one objects to the planned vacation/excursions, submit the Ex Parte Application and Order to the Juvenile Court Services (JCS) Liaison to be processed.
  5. If there is an objection to the planned vacation/excursion, contact the Juvenile Court Services (JCS) Liaison and request a hearing date for a vacation request outside of the United States.
    1. Provide the JCS Liaison with the child's name, court number, court room department number, the date the case was last heard, and the date of the family's proposed departure.
    2. Adhere to the procedures outlined in Vacation or Excursion Opposed by DCFS or a Parent/Legal Guardian.
  6. If the matter is to be heard as an appearance hearing, notify the parent(s)/legal guardian(s), all affected children age ten (10) and older, and the children's attorneys of the date and the reason for the hearing by telephone, email, or by using the DCFS 5402, Notice of Child's Attorney RE: Child's Case Status.
  7. Document all contacts with the SCSW, DI, or case-carrying CSW in the Case Notes.
  8. Document all contacts with the parent(s)/legal guardian(s), child, and their attorney in the Contact Notebook.
  9. If the child needs a passport, adhere to the procedures outlined in Obtaining a Passport for a Child/Youth under DCFS Supervision.
    1. Refer to the Department of State's website for visa requirements to enter and exit foreign countries.
    2. If the child/youth is not a U.S. citizen, ensure that they have a green card and a passport from their country of origin.
  10. Complete the court report as outlined in Preparing the Ex Parte Application and Order.

Vacation with a Relative or Family Friend Outside of California

Case-Carrying CSW and/or DI Responsibilities

  1. Prior to the requesting court permission, contact the relative or family friend who is requesting to take the child into their home on a vacation.
    1. Verify that that individual is a relative of the child or is a family friend.
    2. Inform the relative/family friend that a home assessment must be conducted on their home, which will include a check of their criminal history.
    3. Discuss what the relative/family friend plans to do during this vacation.
  2. Obtain the parent's, legal guardian's, or caregiver's thoughts on the proposed vacation.
    • If there are concerns regarding the child's safety or well-being, address those concerns in the report to the court.
  3. Discuss the proposed vacation with the child, and obtain their thoughts on it.
  4. Contact the child welfare agency in the State where the relative/family friend resides.
    1. Request a courtesy home assessment of the relative/family friend's home, including a criminal clearance.
    2. If the State agrees to perform the home assessment, make arrangements with that State to have the assessment forwarded to you.
    3. If the State will not conduct a courtesy home assessment:
      1. Inform the relative/family friend that without the assessment, the court must approve the vacation request.
      2. Document these concerns concerning the child's travel plans in the court report.
    4. Once a State conducts a courtesy home assessment, inform the relative/family friend, the child, and the parent, legal guardian, or caregiver of the assessment results. Inform the individual(s) that the court must approve the vacation request before the child can visit.
  5. Document all contacts with the SCSW, DI, or case-carrying CSW in the Case Notes.
  6. Document all contacts with the parent(s)/legal guardian(s), child, and their attorney in the Contact Notebook.
  7. Complete the court report as outlined in Preparing the Ex Parte Application and Order.

Vacation or Excursion Opposed by DCFS or a Parent/Legal Guardian

Case-Carrying CSW and/or DI Responsibilities

  1. Request a hearing for the earliest date possible from the Juvenile Court Services (JCS) Liaison for the contested vacation request for the earliest possible date.
    • Provide the JCS CSW with the child's name, court number, court room department number, the date the case was last heard, and the date of the family's proposed departure.
  2. Notify the parent(s)/legal guardian(s), all affected children age ten (10) and older, and their attorneys of the date and the reason for the hearing by telephone or in person.
  3. If the parent/legal guardian opposes a proposed vacation/excursion, notify the caregiver of the opposition, the date of the hearing, and that he/she may not go on the vacation/excursion until the matter is resolved.
  4. Document all contacts with the SCSW, DI, or case-carrying CSW in the Case Notes.
  5. Document all contacts with the parent(s)/legal guardian(s), child, and their attorney in the Contact Notebook.
  6. Complete the court report as outlined in Preparing the Ex Parte Application and Order.

JCS Liaison Responsibilities

  • When the CSW requests that the matter be calendared for a contested vacation, notify the requesting CSW of the court date as soon as possible but no later than the morning of the following business day.

Preparing the Ex Parte Application and Order

CSW Preparing the Report Responsibilities

  1. Prior to creating the Ex Parte Application and Order report, review the online case record and ensure that all identifying information and court information are recorded and current.
    • If necessary, update the case record.
  2. Complete the Ex Parte Application and Order report within (1) business day of being notified of the planned vacation or excursion.
    1. When the report is created, a dialogue box will appear titled, "Ex Parte Application and Order Document Options". Select "Travel".
    2. Adhere to the instructions in Sample Ex Parte Application and Order.
  3. Request online approval for the Ex Parte Application and Order report.
  4. Print, sign, and date the hard copy of the report.
  5. Submit the hard copy of the court report and any supporting documents to the SCSW for approval.
  6. If the report was not approved, take necessary corrective action.
  7. Once the report is approved, send it and any supporting documents to DCFS support staff for final presentation and delivery to the court.
    • If necessary, include a DCFS 4216, Last Minute Information for the Court, to request a certified minute order.
  8. Notify parties involved with the report of the results of the court hearing.
  9. If the court approves a vacation/excursion request for a child to travel to the home of a relative/family friend outside of California, make transportation arrangements with the relative/family friend.

SCSW Responsibilities

  1. Review the Ex Parte Application and Order report:
    1. If approved, sign and date the report and return the report packet to the CSW and approve it online.
    2. If not approved, request corrective action online and return the report and any supporting documents to the CSW.
APPROVALS

SCSW Approval

Ex Parte Application and Order Report

HELPFUL LINKS

Attachments

Sample Ex Parte Application and Order

Forms

LA Kids

DCFS 4216, Last Minute Information for the Court

DCFS 5402, Notice of Child's Attorney RE: Child's Case Status

CWS/CMS

Case Notes

Ex Parte Application and Order

REFERENCED POLICY GUIDES

0070-559.10, Clearances

0100-525.10, Interstate Compact on the Placement of Children (ICPC)

0300-503.21, Termination of Parental Rights (TPR) Actvities

0300-503.94, Set-On/Walk-On Procedures

0300-506.05, Communication with Attorneys, County Counsel, and Non-DCFS Staff

0400-503.10, Contact Requirements and Exceptions

1000-504.10, Case Transfer Criteria and Procedures

1200-500.86, Immigration Options for Undocumented Children and Families

1200-501.40, Obtaining a Passport for a Child/Youth under DCFS Supervision