Writing a Status Review Hearing Report for a WIC Section 364, 366.21(e) or (f), 366.22, or 366.25 Hearing
0300-503.15 | Revision Date: 10/11/2024

Overview

This policy guide provides instructions on how to write a Status Review Hearing Report for WIC Section 364, 366.21(e) or (f), 366.22, or 366.25 hearings.

Table of Contents

Version Summary

This policy guide was updated from the 09/06/22 version to incorporate the requirements of Assembly Bill 2866 (Chapter 165, Statutes of 2022) which increased the standard of evidence at the six-month, 12-month and any subsequent permanency review hearings to “clear and convincing” evidence when determining that reasonable services were designed to aid the parent or legal guardian in overcoming the problems that led to the initial removal and continued custody of the child. This revision also incorporates revisions to clarify that an ARA signature is required for high-risk cases when DCFS recommendation is to terminate jurisdiction. Language was inserted to reflect that a person’s sealed juvenile offense record should not be included in DCFS court reports. The revisions also include more detailed language for documenting Family Time and lastly; this revision clarifies that DCFS has a duty to inquire about Native American heritage even when the court has previously made a “No ICWA” finding.

POLICY

Status Review Reports

Every dependent child/nonminor dependent (NMD) placed by the court in foster care or home of a parent, must, by law, have their current circumstances reviewed periodically as determined by the court but no less frequently than once every six (6) months from the date of the original dispositional hearing.

These six (6) month review hearings will take place until:

  1. The court has determined that the child is safe in the home of a parent without court supervision and terminates jurisdiction (WIC Section 364); or
  2. After the WIC Section 366.26 hearing, the child is placed into a legal guardianship and the court terminates jurisdiction; or
  3. After the WIC Section 366.26 hearing, the child is freed for adoption and the adoption has finalized with the court terminating jurisdiction.

For information on nonminor dependents, refer to Writing the WIC 366.31 Status Review Hearing for Nonminor Dependents

During every review hearing, the court considers the safety of the child and determines the following:

  • Continuing necessity for and appropriateness of the child’s placement
  • Extent of the agency's compliance with the Case Plan
    • Be aware that while the clear and convincing evidence standard has already been in place for the reasonable services finding at the six- and 12-month review hearings, Assembly Bill 2866 (Chapter 165, Statutes of 2022) now increased the standard of evidence to Clear and Convincing evidence for the 18-month review hearing and any subsequent permanency review hearings. In essence, the practical impact of AB 2866 is the need for as much information and documentation of services in the 18-month review report as there already should be in the six- and 12-month review reports. The Clear and Convincing evidence standard of proof simply means that detailed information should be provided to the court to prove that reasonable services have been provided. Such proof of reasonable services can be achieved by providing detailed information in the child’s case plan Services Delivery Log and/or the Child Welfare Services contact notes to demonstrate to the judge the services that have been provided to the family.
  • Efforts and progress made by the parent or legal guardian. Extent to which the parent/legal guardian accessed services provided and maintained contact with the child, despite the particular barriers caused by their incarceration, institutionalization, detainment or deportation.

In order to assess and capture these areas of evidence in a status review report, CSW can utilize some of the SDM® assessment or reassessment tools including Reunification Assessment, Risk Reassessment and Safety Assessment.

WIC Section 364 Home of Parent Status Review Hearings

For children who are home of parent, the court will conduct the WIC Section 364 Status Review hearing. At this hearing, the court must terminate jurisdiction unless DCFS can show by a preponderance of the evidence that the conditions that led to jurisdiction still exist; or, that these conditions are likely to exist if court supervision is withdrawn.

DCFS must provide a report to court for this hearing that addresses the following:

  • Services offered to the family – include information regarding the court ordered case plan and services provided to assist the family
    • Enhancement services: Services ordered when a child is removed from one parent and placed with the other parent. The HOP parent will receive family maintenance services but because the child is not placed in foster care, the other parent will not receive reunification services. That parent may be ordered to receive enhancement services. CSW should provide referrals, ensure family time takes place as ordered and meet with that parent just as they would for a reunification case plan. Consult with County Counsel if there are questions regarding this process.
  • Details the progress the family has made in addressing the conditions that caused the need for court supervision – include the progress made or concerns; and
  • Recommendation regarding the need for court supervision.

Status Review Hearings WIC 366.21(e)&(f); WIC 366.22, WIC 366.25

For children who are placed in foster care and their parents are receiving reunification services, the court will conduct a number of review hearings beginning with the 366.21(e) at 6 months, the 366.21(f) at 12 months, and the 366.22 at 18 months. There are also exceptional circumstances that allow the court to hold a review hearing at 24 months at the 366.25 hearing.

At each reunification hearing, the court has three options: return the child to the home of parent, order that the parent receive more time to reunify, or terminate services and set a hearing to establish a permanent plan for the child (WIC 366.26).

DCFS must provide a report for those hearings that addresses the following in detail:

  • Services ordered by the court and offered to the family
  • Progress the family has made in addressing the conditions that caused the need for out of home care – has there been a behavioral change in the parent, etc.
  • A recommendation regarding the further outlook of the case – more time or terminate reunification services
  • Concurrent planning efforts.

During these reunification review hearings, the court considers the safety of the child and determines the following:

  • Continuing necessity for and appropriateness of the child’s placement
  • If the child is placed into a court approved approved Short-Term Residential Therapeutic Program (STRTP), the report must address:
    1. Ongoing assessment of child and that the child needs the support of the STRTP
    2. That the STRTP continues to be the most effective, least restrictive setting
    3. That the placement is consistent with short and long term goals
    4. Documentation within the report indicating that the placement continues to meet the child's needs
    5. Ongoing efforts of DCFS that are consistent with the permanency plan.
  • Extent of the agency's compliance with the Case Plan – DCFS must provide reasonable services to the parents to assist with the reunification of their child during the period of reunification services and the court will evaluate the adequacy of those services (standard is by Clear and Convincing evidence) when deciding whether or not to provide a parent with more reunification time at each hearing.
  •  Efforts and progress made by the parent or legal guardian in regards to family time with the child
  •  Extent of the parent/legal guardian’s progress toward alleviating or mitigating the causes necessitating the child’s placement in foster care – more than simply compliance with the case plan.
  •  Extent to which the parent/legal guardian accessed services provided and maintained contact with the child, despite the particular barriers caused by their incarceration, institutionalization, detainment or deportation

DCFS utilizes the above information to make recommendations to the court as to continued services for incarcerated, detained, institutionalized, or deported parent(s)’ and their child(ren); determining whether or not to recommend that the court discontinue reunification and schedule the Section 366.26 hearing for a child under three (3) years of age on the date of the initial removal, or for a child who is a member of a sibling group of which one (1) sibling is under three (3) years of age on the date of the initial removal as well as issues related to the parent/legal guardian’s educational rights and the child's sibling relationships.

If the court has not already determined whether a man is an alleged or presumed father, CSWs must provide the court with the necessary facts to make this legal determination, which the court alone can make.

Criminal History Information

If there are concerns regarding criminal history and they are documented in the Case Plan, a parent/legal guardian can be required to submit to a LiveScan in order to investigate the suitability of reunifying the child with them after the child’s removal due to an investigation of child abuse or neglect. If a parent/legal guardian refuses to Live Scan, CSWs will use the California Law Enforcement Telecommunications System (CLETS) and provide a summary (but not put the actual CLETS print out in any report) of the information contained within the CLETS as it pertains to the parent(s).

The court considers the parent/legal guardian’s criminal history information when it is substantially related to the welfare of the child or the parent's/legal guardian's ability to exercise custody and/or control over the child.

Family Time

Family Time, formerly known as "family visits or visitation", is an important aspect of successful reunification. Therefore, it should be included in the court report for every status review hearing in great detail to ensure that the court has the information necessary to make orders at each hearing.

When writing the Status Review hearing report, include the following information:

  • If supervised family time is recommended, include the reasons why unmonitored family time is not appropriate and whether a monitor has been identified.
  • If the child is placed in a STRTP, FFAs, etc.:
    • Whether a copy of the court’s order regarding family time was shared with the agency.
    • The agency’s efforts to promote family time, what specific issues prevented the case from being liberalized, if family time was not liberalized; and what progress was considered if family time was liberalized.
  • If the court gave DCFS discretion to liberalize family time, what specific progress or lack of progress in attaining the case plan and/or family time objectives determined the extent to which the family time was or was not liberalized.
  • Description of the current Family Time Plan (FTP).
    • Whether the previously court-ordered family time plan was implemented.
    • Reasons for significant changes made during the previous period of supervision.
    • Whether the family time objectives have been updated.
    • Dates of family time.
    • Family Time setting.
    • Compliance and efforts/cooperation of offending parent/guardian.
    • Plans that have been arranged for sibling family time when siblings and/or half siblings are not placed together
    • Plans that have been arranged if the dependent child of a dependent/NMD parent is not residing with their dependent/NMD parent, along with efforts to facilitate placement or more regular liberalized family time.
    • If caregiver is to supervise family time, whether a caregiver’s willingness to supervise and have family time occur in placement was explored.
    • Continued appropriateness of family time with siblings, grandparents and other relatives.
    • If applicable, specific reasons why future family time is no longer appropriate.
  • Observation’s made during family time with parents, siblings and other relatives. This includes:
    • The quality and quantity of interactions between child and parent(s)
    • Positive and negative interactions
    • Specific observations of activities
    •  The parent’s engagement with the child, and ability to set limits, create structure, and respond to the child’s physical and emotional needs
    • Any impediments/barriers to parent(s) participating in family time, and what DCFS has done to address these barriers
    • The quality and quantity of sibling family time
    • Any impediments/barriers to sibling time and what DCFS has done to address these barriers
    • The quality and quantity of family time with other relatives
    • The extent to which the family time plan was adhered to by parents, caregivers, and other parties, including but not limited to:
      1. A list of scheduled family time, dates.
      2. What took place at family time.
      3. Reasons family time was missed.
      4. Patterns of tardiness, no shows, cancelations.
      5. Extended periods of time between family time.
      6. Reasons a family time was cancelled or terminated and efforts to facilitate or reschedule family time. 
    •   The child’s feedback on family time, including but not limited to:
      1. The child’s responses/reactions to family time.
      2. Child’s affect prior to, during, and following family time including reactions to cancelled family time
      3. The reason a child was unwilling to have family time (if applicable).
    •  The parent/guardian feedback on family time, including but not limited to their:
      1. Response/reaction to family time.
      2. Feeling that the family time activities were helpful in changing the behaviors or conditions that caused the children to be unsafe or at risk of future harm.
    • Whether someone other than the CSW has observed family time. Include their name and relationship to the parties.
    •  Whether family time was discussed and documented at the CFT planning meetings.
    •  Specific progress the parent displayed towards attaining the family time objectives outlined in prior court reports/case plans (e.g. changing the behaviors or conditions that caused the children to be unsafe or at risk of future harm).
    • Whether the monitor’s observations were obtained and used for future family time and case planning.
  • Contact between family time including phone calls, letters, emails, etc.
  •  Whether there is no family time. If so, state the reasons.

American Indian Children and Duty of Ongoing Inquiry

DCFS has an ongoing and continuing duty to inquire about Native American heritage throughout the life of the DCFS case until the termination of parental rights. Inquire of all parents whether a child who is placed into the temporary custody of DCFS is or may be of any Native American heritage: inquire of every newly identified relative and interested parties (including those persons attending Child and Family Team Meetings (CFTMs) with a parent as a "support") whether a child who is placed into the temporary custody of DCFS is or may be of any Native American heritage. This duty to inquire must continue to take place even when the parents deny Native American heritage and even if the court has previously made a “No ICWA” finding.

Special Circumstances and WIC 366.25 Hearings

At a WIC 366.22 hearing, the court can continue the case for up to six (6) months for a subsequent permanency review hearing, provided that:

  • The hearing occurs within twenty-four (24) months of the date the child was originally taken from the physical custody of their parent or legal guardian, and;
  • There is clear and convincing evidence that the best interests of the child would be met by the provision of additional reunification services to a parent or legal guardian making significant and consistent progress in establishing a safe home for the child's return and who:
    • Is making significant and consistent progress in a court-ordered residential substance abuse treatment program; or
    • Was recently discharged from incarceration or institutionalization; or
    • Was detained by the United States Department of Homeland Security or deported to their country of origin.

If a WIC 366.25 hearing is subsequently set based on court findings as described above, CSWs must prepare a Status Review Hearing report according to as outlined in the Sample Status Review Report.

Nonminor Dependents (NMDs)

Please note that this section only applies to this policy if a child will be turning eighteen (18) years old during the period of reunification. In such cases, the youth must be advised of the potential benefits of continued dependency including services and supports available to them. Additionally, the youth must be advised of their right to the following:

  • To remain in foster care as a Nonminor Dependent (NMD)
  • To request termination of dependency upon reaching eighteen (18) years of age
  • To have their dependency reinstated, if they meet eligibility requirements, any time prior to their twenty-first (21st) birthday by filing a petition pursuant to WIC Section 388(e).

During this discussion, the CSW must provide the youth with the DCFS 159, Youth Advisement of Nonminor Dependency (Extended Foster Care). For NMDs who cannot reside safely in the home of the parent or legal guardian, it may be necessary to request to continue or terminate family reunification. Established guidelines for including this recommendation in the report are available in the Sample Status Review Report.

PROCEDURE

Preparing for the Status Review Report

Case-Carrying CSW Responsibilities

  1. Review the online case record to ensure that all identifying information (i.e., names, addresses, etc.) is recorded and current.
    1. Review the Family Background #1, #2 and #3 forms, as applicable.
    2. If necessary, update the case record to ensure that the fields populated by the database will be accurate.
  2. To help determine an appropriate recommendation for the report, in Web SDM:
    1.  Complete the
    2. File the hard copies in the Structured Decision Making (Orange) folder.
      • Do not attach any SDM tools when submitting documents to court, unless ordered by the court to do so.
  3. Ensure that notices have been served according to established procedures and timelines.
  4. Complete criminal background checks on the following individuals:
    • Any person over the age of eighteen (18), other than professionals providing services to the child who are known to the placing entity and who may have significant contact with the child.
      • This includes any person who has a familial or intimate relationship with any person living in the home.
      • Per WIC 781, if the juvenile court orders a person’s juvenile offense record to be sealed, all records, including records of arrest, juvenile court records, minute book entries, entries on dockets and any other records relating to the case shall be sealed and the proceedings in the case shall be deemed never to have occurred.  As such, these juvenile offenses and all records related to the case, if sealed, should not be included in DCFS court reports.

Writing the Status Review Report

Case-Carrying CSW Responsibilities

  1. Create a Status Review Report in the pink section in CWS/CMS.
    1. Select the following options, as appropriate:
      • ICWA does or does not apply (A CSW can only write ICWA does or does not apply once the court has made an ICWA finding. Until court makes that finding, ICWA is pending)
      • Interpreter section will or will not be included
      • Due diligence report attached or Not Applicable
    2. Select the following sections, as applicable, that are needed in the report:
      • Continued Necessity for In-Home Services
      • Detriment and Prognosis of Returning Child Home
      • Concurrent Planning
      • Out of Home Placement
      • Permanency/Adoptability Assessment
  2. Complete all appropriate fields on the report that are not populated by referring to Sample Status Review Report.
  3. Request online approval for the Status Review Report and the Case Plan Update.
    • Sign, and date the court report.
  4. Submit a hard copy or e-version of the court report and all supporting documents to the SCSW for approval.
    • If the report was not approved, take necessary corrective action.
  5. When the report is approved, send the Status Review Hearing Report and all attachments to DCFS support staff for final preparation and delivery to court according to the required timeframes.

SCSW Responsibilities

  1. Review the Contact Notebook online.
  2. Review the Status Review Hearing Report and all supporting documents, including the SDM Risk Reassessment or SDM Reunification Reassessment.
    • If not approved at any level, request corrective action and return the packet to the CSW.
    • If approved and ARA and/or RA/Division Chief approval is required, sign/e-sign and date the court report and send the Status Review Hearing packet to the ARA without approving the court report online.
  3. Once all levels of approval are obtained:
    1. Sign/e-sign and date the Status Review Hearing Report.
    2. Approve the Status Review Hearing Report online.
    3. Return the Status Review Hearing Report packet to the CSW.

ARA Responsibilities

  1. Review the Status Review Hearing Report and any supporting documents, including all SDM tools used.
    • If approved, sign/e-sign and date the report and return the Status Review Hearing Report to the SCSW for on-line approval.
    • If not approved, return the packet to the SCSW for corrective action.

Writing the Status Review Hearing Report in the Six-Month Period Prior to the Youth Reaching Eighteen (18) Years of Age

Case-Carrying CSW Responsibilities

  1. Follow the instructions in Preparing for the Status Review Report and Writing the Status Review Report.
    • Include a case specific statement regarding the youth’s nonminor dependent (NMD) status.
  2. If the youth is declared a NMD, update the youth’s Client ID page, on the “Juvenile Crt #” Tab of CWS/CMS to reflect the NMD’s new court number:
    1. Enter the date the court made its order (the date of the minute order) in the “Court Number Closed Date” field.
    2. Click on the “Inactive” box.
    3. Click on the “+” in the Juvenile Court Number grid to create a new row.
    4. Enter the new court number in the “Court Case Number (Petition Number) County” field.
    5. Enter the date the court made its order (the date of the minute order) into the “Court Case Number Issued Date” field.
    6. Save to the database.
APPROVALS

SCSW Approval

  • Case Plan Update
  • Concurrent Planning Assessment (CPA)
  • Status Review Hearing Report
  • SDM Risk Reassessment
  • SDM Reunification Reassessment

Regional ARA Approval

Adoptions ARA Approval

  • CPA when recommending PPLA

RA/Division Chief Approval

  • Case Plan Update, when required
  • CPA, when required
  • Extending FM services beyond the twelve (12) months
HELPFUL LINKS

Forms

CWS/CMS

Family Background #1

Family Background #2 - DI

LA Kids

DCFS 159, Youth Advisement of Nonminor Dependency (Extended Foster Care)

Family Background #1

Family Background #2 – DI

Family Background #3 – Cover Sheet

Family Background #3 – Medical and Social History Information about the Birth Mother/Father

JV-290, Caregiver Information Form w/Cover letter

JV-501, Parentage – Findings and Judgment

Attachments

Sample Status Review Report

Situations Requiring ARA Approval for the Status Review Hearing

ITA 21-03, Adobe e-Sign for Court Report

REFERENCED POLICY GUIDES

0070-548.24, Structured Decision Making (SDM)

0070-559.10, Clearances

0300-306.05, Noticing Process for Juvenile Court Proceedings

0300-308.07, Time Frames for Submission of Court Reports

0300-503.17, Writing the WIC 366.31 Status Review Hearing Report for Nonminor Dependents

0400-504.00, Family Time

STATUTES AND OTHER MANDATES

California Rules of the Court (CROC), Rule 5.487 – Explains the protocol for ICWA court hearings and mandates that the juvenile court and DCFS inquire whether a child is or may be an Indian child.

California Department of Social Services (CDSS) Manual of Policies and Procedures (MPP) Division 31, Chapters 515-520 – States the provisions for the Indian Child Welfare Act (ICWA).

Welfare and Institutions Code (WIC) Section 224, 224.2, 244.2, 244.3, 244.4, 244.5, 244.6 – States, in part, that California has an interest in protecting, inquiring after, noticing, and intervening for Indian children who are members of, or are eligible for membership in an Indian tribe.

WIC Section 292 and 293 – Explains the notice requirements for the WIC 364, WIC 366.21, WIC 366.22 and WIC 366.25 Status Review Hearings.

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

WIC Section 358.1 – Sets forth detailed requirements on the issue of sibling relationship which must be addressed in the social worker's social study or evaluation and must be received in evidence and considered before the court can render a disposition decision, and it must be updated and reviewed at subsequent review hearings.

WIC Section 361.49 – States how foster care entry dates are calculated.

WIC Section 361.5 – States that the court will consider the particular barriers to an incarcerated or otherwise institutionalized parent's access to those court-mandated services and ability to maintain contact with their child, and will document this information in the child's Case Plan.

WIC Section 361.5(g)(F)(2)(B) – States, in pertinent part, that a relative caregiver will be given information regarding the permanency options of  guardianship and adoption.

WIC Section 361.6 – States the requirements for the review hearings for nonminor dependents (NMDs) receiving Family Reunification (FR) services.

WIC Section 364 – States, in pertinent part, every hearing in which a child is placed under the supervision of the juvenile court and in which the child is not removed from the physical custody of their parent/legal guardian will be continued to a specific future date not to exceed six (6) months after the date of the original dispositional hearing.

WIC Section 366(a)(1) – States, in pertinent part, that the status of every dependent child in foster care will be reviewed periodically as determined by the court but no less recently than once every six (6) months.

WIC 366(a)(1)(D) - Sets forth detailed requirements on the issue of sibling relationships which must be addressed, updated and reviewed at status review hearings.

WIC Section 366.1(g) – States, in pertinent part, that one (1) aspect of each supplemental report filed pursuant to WIC Section 366 will include a discussion of whether a child who is ten (10) years of age or older who is placed in a group home has relationships with individuals other than the child's siblings that are important to them, consistent with the child's best interest, and whether there were actions taken to maintain those relationships.

WIC Section 366.21(c) – States, in part, that the social worker must file a supplemental report with the court at least ten (10) calendar days prior to the hearing, regarding the services provided or offered to the parent/legal guardian and regarding the efforts made to achieve legal permanence for the child if efforts to reunify fail.

WIC Section 366.21(d) – Prior to any hearing involving a child in the physical custody of a community care facility or a foster family agency (FFA) that may result in the return of the child to the physical custody of their parent/legal guardian, 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 366.21(e) – States the conditions and time frame under which the court will order the return of the child to the physical custody of the parent/legal guardian at the review hearing held six (6) months after the initial dispositional hearing.

WIC Section 366.21(f) – States the conditions and time frame under which the court will order the return of the child to the physical custody of the parent/legal guardian at the review hearing held twelve (12) months after the initial dispositional hearing.

WIC Section 366.21(h) – States, in pertinent part, that in any case in which the court orders a hearing pursuant to WIC Section 366.26 be held, it will also order the termination of family reunification services to the parent/legal guardian. The court will continue to permit the parent/legal guardian to visit the child pending the hearing unless it finds that visitation would be detrimental to the child. The court will make any other appropriate orders to enable the child to maintain relationships with other individuals who are important to the child.

WIC Section 366.215 – States that the court will consider barriers to a parent’s ability to maintain contact with the child due to their incarceration, detention, or deportation in determining whether to set a WIC Section 366.26 hearing.

WIC Section 366.22– States the conditions and time frame under which the court will order the return of the child to the physical custody of the parent or legal guardian at the review hearing held eighteen (18) months after the child was originally removed.

WIC Section 366.24(b) – States that whenever an assessment is ordered pursuant to WIC Section 361.5, 366.21, 366.22, 366.25, or 366.26 for Indian children, the assessment will address the option of tribal customary adoption.

WIC Section 366.25(a)(1) – States that when a case has been continued pursuant to subdivision (b) of WIC Section 366.22, the subsequent permanency review hearing will occur within twenty-four (24) months after the date the child was originally removed from the physical custody of their parent or legal guardian.

WIC Section 366.26(c)(4)(C) – States, in part, that if parental rights are not terminated and legal guardianship or long term foster care is recommended, the court will make an order for visitation with the parents/legal guardians unless the court finds by a preponderance of evidence that the visitation would be detrimental to the physical or emotional well-being of the child.

WIC Section 366.31 – Sets forth regulations with respect to an NMD.

WIC Section 366.35 – States, in pertinent part, that the implementation and operation of the amendments related to the mandate to report whether a child who is ten (10) years of age or older and who has been in an out-of-home placement for six (6) months or longer has relationships with individuals other than the child's siblings that are important to the child, consistent with the child's best interests, and actions taken to maintain those relationships.

WIC Section 388(e) – States the conditions under which a nonminor dependent for whom jurisdiction has previously been terminated may request a resumption of dependency jurisdiction prior to their twenty-first (21) birthday.

WIC Section 391 – Provides the conditions for when a recommendation will be made to terminate jurisdiction over a dependent child who has reached the age of majority.

WIC Section 16501.1(d) – States, in pertinent part, that the Case Plan will be updated as the services needs of the child and family dictates in conjunction with each status review hearing conducted pursuant to the WIC Section 366.21 and 366.26 but no less frequent than once every six (6) months.