Procedural Guide by n6y3Jc

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									                                    Procedural Guide

                                       0300-503.94

                           SET-ON/WALK-ON PROCEDURES


Date Issued:          04/28/10     07/16/10

    New Policy Release

    Revision of Existing Procedural Guide 0300-503.94, Set-On Procedure, dated
    02/25/09.

    Revision Made:          NOTE: Current Revisions are highlighted

    This Procedural Guide has been revised to reflect that CSWs are not required to
    submit an Ex Parte report along with the DCFS 1727 when requesting to limit a
    parent’s educational rights. Additional, non-substantive changes were made.

    At the request of Juvenile Court Services a minor revision has been made on Page
    3.

Cancels: None.



                                 DEPARTMENTAL VALUES

This Procedural Guide supports the Department’s priorities of safety and timely
permanency.

                              WHAT CASES ARE AFFECTED

This Procedural Guide is applicable to all new and existing cases.


                                  OPERATIONAL IMPACT

The procedures set forth in this Procedural Guide provide clarification as to which
matters are handled as Walk-on requests and those that require an appearance
hearing via a Set-On request. It also distinguishes matters that should be referred to
Court Liaison and IDC.




0300-503.97 (Rev. 07/10)                                                Page 1 of 9
    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.
    Set-on- Slip (DCFS 4153)
    A set-on slip is used to calendar an Appearance Hearing when the existing hearing
    date is more than 30 days away. Appearance hearings require notice to all parties.
    Walk-On / Set-On
    A Walk-On/Set-On requires notice and the appearance of the parties and requires that
    the matter be heard in less than thirty days, due to the nature of the request. The CSW
    will submit a Walk-on Report and any other necessary forms, per the pertinent policy.
    Juvenile Court Services liaison will work with the CSW to obtain a hearing date from the
    court clerk of the department in 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)
    WIC 385 is not a petition, but rather 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 at any time change, modify or set aside orders if it deems
    it proper, subject to procedural requirements as set forth in the statue. See Procedural
    Guide 0300-503.30, Requesting a Change of Order Pursuant to WIC 385.
    Below are 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 Court Liaison or to
    IDC.

                                            COURT LIAISON
     Reason for Hearing           Process       Appearance/         Forms             Related
                                              Non Appearance    Requirements      Procedural Guide
ASFA Issues                       Walk-on     Non-App          Ex Parte          0100-52-10
                                                                                 0100-520.11
Change of school due to a         Walk-on     Non-App          Ex Parte,         0300-503.97
change in placement                                            DCFS 5402         0300-506.08
                                                                                 0700-50.10
Consent to Marry                  Walk-on /   Appearance       Ex Parte          0300-503.85
                                  Set-on                       DCFS 4153 if
                                                               already married
                                                               See Terminate
                                                               Dependency
Continuance Request               Walk-On     Non-App          Ex Parte          0300-503.98
Death and Injury Reports          Walk-on     Non-App.         DCFS 1688-1       0300-503.75

Drug Testing for Youth: Request   Walk-on /   Appearance       Ex Parte          0600-508.00
court order                       Set-on




    0300-503.97 (Rev. 07/10)                                                     Page 2 of 9
                                               COURT LIAISON
      Reason for Hearing             Process         Appearance/            Forms                Related
                                                   Non Appearance       Requirements         Procedural Guide
Drug Testing for Parents:           Walk-on /      Appearance          Ex Parte             0600-509.00
Request court order                 Set-on                                                  1200-500.30
Due Diligence Reports               JCS            Non-App.            Declaration of       0300-306.75
                                    liaison will                       Due Diligence
                                    forward to
                                    Dept.
Request that court find Due         Walk-on        Non-App.            Ex Parte
Diligence Proper
Enlist in Armed Forces or Job       Walk-on /      Appearance          Ex Parte             0300-503.85
Corp                                Set-on
ICPC Placements                     Set-on         Appearance          DCFS 4153            0100-525.10
                                                                       Notice
ICPC Request                        Walk-on        Non-App.            Ex Parte             0100-525.10
Inter-County Transfers              Walk-on /      Appearance          Ex Parte             1000-504.75
Outgoing                            Set on
Involuntary Psych. Admission        Walk-on        Non-App.            Ex Parte             0600-515.10
Voluntary Psych Admissions          Walk-on /      Appearance          DCFS 154             0600-515.10
                                    Set-on                             Mental Health
                                                                       Screening letter
Notification of youth’s Arrest or   Walk-on        Non-App.            Ex Parte             0300-506.08
Terminate Jurisdiction pursuant                                        DCFS 4153 for JT
to 602 (minute order required)
Medical Treatment                   Walk-on        Non-App.            DCFS 4158-2 and      0600-50.10
                                                                       4225
Mental Health Treatment             Walk-on        Non-Appearance      Ex Parte             0600-50.09
Removal from Prospective            Walk-on        Appearance/Non-     JV 323, JV 324,      0300-503.25
Adoptive Parent-Notice of                          appearance          and JV 326
Emergency Removal                                  determined by the
                                                   Court
Replacements: FC to FC or           Walk-on        Non-App.            Ex Parte             0300-503.97
group homes
Request to Limit Parent’s           Walk on        Appearance          DCFS 1727 and        0700-507.10
Educational Rights                  Set-on if                          JV 535
                                    contested
Restraining Orders                  Walk-on /      Appearance          Ex Parte and JV      0300-318.05
                                    Set-on                             245
Terminate Dependency                Set-on         Appearance          Interim
                                                                       Notice
Transitional Housing with           Walk-on /      Appearance          Ex Parte
recommendation to Terminate         Set-on
Jurisdiction
Unanticipated Needs                 Walk-on        Non-App.            Ex Parte
Vacation Request                    Walk-on.       Non-App.            Ex Parte (If         0300-503.80
                                    Walk-on /                          contested: notice)
                                    Set-on if
                                    contested

Notifying the Court of a Parent’s   Walk-on        Non-App             Ex Parte             0300-503.19
Relinquishment




     0300-503.97 (Rev. 07/10)                                                               Page 3 of 9
                                                 COURT LIAISON
      Reason for Hearing               Process       Appearance/          Forms                Related
                                                   Non Appearance     Requirements         Procedural Guide
Visitation Issue: Restrict visits.    Walk-on/     Appearance       Ex-Parte pursuant     0300-503.30
(All issues pre and post              Set-on                        to WIC 385 (if pre-   0300-301.85
adj./dispo.)                                                        adj./pre–dispo.)

                                                                    388 Petition (if
                                                                    post-Dispo.)
                                                                    JV 180, JV 183
                                                                    and JV 184
Visitation Issue: Liberalize visits   Walk-on      Non-App.         Ex Parte              0400-504.45
Home of Parent Order                  Set On       Appearance       Interim, Notice       0300-503.30
Warrant Recall                        Walk-on      Appearance       DCFS 729A             0300-503.55
Warrant Request                       Walk-on      Non-App.         DCFS 729              0300-503.55
WIC 388 Petitions (no abuse           Walk-on      Non-App          JV 180, (JV 182 if    0300-503.41
and neglect.) Reinstate               Filed with                    applicable.),
Jurisdiction.                         Clerk’s                       JV 183 and JV
                                      Office.                       184

                                                      IDC
      Reason for Hearing               Process       Appearance/        Forms                  Related
                                                   Non Appearance    Requirements         Procedural Guide
Warrant Recall: if requested in       IDC          Appearance       DCFS 729A                0300-301.05
conjunction with the filing of a      Calendar                                               0300-503.55
petition.
Warrant Request: if requested         IDC          Non-App.         DCFS 729                 0300-301.05
in conjunction with the filing of a   Calendar                                               0300-503.55
petition
WIC 388 Petitions: if filed in        IDC          Appearance       JV 180, and              0300-301.05
conjunction with the filing of a      Calendar                      JV 183
WIC 387 petition                                                    (IDC will file the
alleging abuse/neglect                                              WIC 388 and 387
                                                                    petition)
Pre- Adjudication, Pre-               IDC          Appearance       Ex Parte                 0300-503.30
Disposition:                          Calendar                      pursuant to WIC
Removal of a child from the care                                    385
of parents. (Considered a
detention)
Pre- Adjudication, Pre-               IDC          Appearance       Ex Parte pursuant        0300-503.30
Disposition:                          Calendar                      to WIC 385               0300-503.97
Removal of a child from a                                           Notice                   0100-520.11
relative or NREFM




     0300-503.97 (Rev. 07/10)                                                             Page 4 of 9
                                        Procedures

A. WHEN:           REQUESTING THE CALENDARING OF AN APPEARANCE
                   HEARING (SET-ON)

CSW Responsibilities

1. Select a hearing date at least 30 calendar days after the date the request is
   prepared.

2. Complete all the appropriate fields on the DCFS 4153.

3. Mail, or fax the DCFS 4153 to Juvenile Court Services (JCS) at least 30 days prior to
   the requested date.

4. Upon receipt of 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. See Procedural Guide 0300-308.07, Time Frames
   for Submission of Court Reports.

Juvenile Court Services (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, proceed as follows:

       a) Contact the CSW or the SCSW by telephone no later than the end of the
          business day and inform him/her of the new court date. If unable to contact the
          CSW and/or the SCSW by telephone, contact the duty worker and inform
          him/her of the new court date.

       b) Fax, or mail the completed DCFS 4153 to the CSW.

       c) Log in the Set on Request on the designated log.

SCSW Responsibilities

1.     Assist the CSW, as needed, to enter the new court date upon receiving notification
       from the Juvenile Court Services (JCS).




0300-503.97 (Rev. 07/10)                                                  Page 5 of 9
B. WHEN:          WALKING-ON A MATTER NON APPEARANCE HEARING

All Walk-On reports (appearance or non-appearance) are reviewed by Court Liaison for
compliance with departmental policies, child safety, and compliance with legal
requirements. Walk on reports are to be submitted on an Ex Parte Application and
Order and/or DCFS specific required form (per the pertinent policy).

CSW Responsibilities

1. Submit walk-on report to Juvenile Court Services Liaison.


     NOTE: A walk on, regardless of the type of walk on request is never to be
     submitted on a DCFS 4216 Last Minute Information for the Court. Court
     liaison will reject any walk on requests submitted on a DCFS 4216.


Juvenile Court Services Liaison Staff Responsibilities

Generally, reports are received from the field by messenger or via fax. These reports
are usually placed in the Court Liaison mail bin or the liaison “Ready for Reading”
basket.

1. Review the report and attachments for compliance with departmental policies, child
   safety, and compliance with legal requirements, if it is found to be appropriate,
   write “CC” (for copy correct) along with your initials on the upper left-hand corner.
   This indicates that the report is in compliance and is ready to be walked on.

2. Place the report in the basket labeled “Ready for logging.”


     Reminder: Please note that when processing the walk on request that any
     referenced attachments are actually attached to the report. Also, be cognizant
     of any additional requests and/or attachments that may be attached to the
     report/document that may require each to be processed differently.
     Ensure that any documents that should not be attached (such as internal
     DCFS records etc) are removed.


3. Log the report in on the “Clerk’s Office Daily Log” (Walk on-Online Liaison
   Application), under the appropriate report type.

4. If a report is not appropriate, attempt and remedy the situation by:
    a.) Contact the CSW or SCSW to try and correct the problem;
    b.) Discuss the case with Court Liaison SCSW; or,


0300-503.97 (Rev. 07/10)                                                  Page 6 of 9
    c.) Consult with the County Counsel of record on the case.

5. If the matter cannot be resolved and the report is not appropriate and not in
   compliance with policy, reject the report. Write “R” (for Rejected) along with your
   initials on the upper left-hand corner, and indicate the reason the report is being
   rejected and not appropriate.

6. Log the insufficient Report in the Walk-On Liaison Application, under Rejects.

C. WHEN:          WALKING-ON A MATTER FOR AN APPEARANCE HEARING-LESS
                  THAN 30 DAYS (WALK-ON/SET-ON)
All Walk-On reports (appearance or non-appearance) are reviewed by Court Liaison for
compliance with departmental policies, child safety, and compliance with legal
requirements. Walk on reports are to be submitted on an Ex Parte Application and
Order and/or DCFS specific required form (per the pertinent policy).

CSW Responsibilities

1. Submit walk-on report to Juvenile Court Services Liaison.


      NOTE: A walk on, regardless of the type of walk on request is never to be
            submitted on a DCFS 4216 Last Minute Information for the Court.
            Court liaison will reject any walk on requests submitted on a DCFS
            4216.


Juvenile Court Services Liaison Staff Responsibilities
Generally, reports are received from the field by messenger or via fax. These reports
are usually placed in the Court Liaison mail bin or the liaison “Ready for Reading”
basket.
1. Review the report and attachments for compliance with departmental policies, child
   safety, and compliance with legal requirements, if it is found to be appropriate, write
   “CC” (for copy correct) along with your initials on the upper left-hand corner. This
   indicates that the report is in compliance and is ready to be processed by the Clerk’s
   office and to be walked on.
2. Once the report has been processed and is appropriate, search JAI to identify the
   attorneys of record.
3. Contact the clerk of the department and inform whom the attorneys of record are,
   and obtain a court date.
4. Inform the CSW of the court date and to notice all parties, including the attorneys.



0300-503.97 (Rev. 07/10)                                                 Page 7 of 9
5. Inform CSW to submit a last minute 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 is to send notices directly to the
   courtroom.
6. Complete the “Set-On”.
7. Place the report in the basket labeled “ Ready for logging.”


     Reminder: When processing a walk-on request, ensure that the referenced
               attachments are actually attached to the report. Review the submitted
               documents for any other requests and/or attachments that may require
               a different processing procedure. Ensure that any documents that
               should not be attached (such as internal DCFS records etc) are
               removed.


8. Log the report in on the “Clerk’s Office Daily Log” (Walk on-Online Liaison
   Application), under the appropriate repot type.
9. If a report is not appropriate, attempt to remedy the situation by:
    a.) Contacting the CSW or SCSW to correct the problem;
    b.) Discussing the case with Court Liaison SCSW; or,
    c.) Consulting 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” (for Rejected) along with your
    initials on the upper left-hand corner, and indicate the reason the report is being
    rejected and why it is not appropriate.
11. Log the insufficient report in the “Walk on-Liaison Application, under the Rejects.

                                  APPROVAL LEVELS

  Section           Level                               Approval
   A.-C.            None                                 None

                       OVERVIEW OF STATUTES/REGULATIONS
None

                                          LINKS
California Code              http://www.leginfo.ca.gov/calaw.html
Division 31 Regulations      http://www.cdss.ca.gov/ord/PG309.htm
Title 22 Regulations         http://www.dss.cahwnet.gov/ord/PG295.htm


0300-503.97 (Rev. 07/10)                                                  Page 8 of 9
                                 RELATED POLICIES
Procedural Guide 0100-520.10, Evaluating a Prospective Caregiver
Procedural Guide 0100-520.11, When a Child Is Residing In the Home Of A Relative
or Non-Relative Extended Family Member That Does Not Meet Title 22 Approval
Standards
Procedural Guide 0300-308.07, Time Frames for Submission of Court Reports
Procedural Guide 0300-501.05, Petitions
Procedural Guide 0300-306.75, Due Diligence
Procedural Guide 0300-503.25, Removing a Child From the Home of Prospective
Adoptive Parent(s)
Procedural Guide, 0300-503.30, Requesting a Change of Order Pursuant to WIC 385
Procedural Guide, 0300-503.80, Vacation Requests
Procedural Guide, 0300-503.85, Permission for a Child to Marry, Join the Armed
Forces or the Job Corps
Procedural Guide 0300-503.97, Report on Notice of Replacement
Procedural Guide 0300-503.98, Continuance Requests
Procedural Guide 0300-506.08, Communications with a Child's Attorney
Procedural Guide 0400-504.45, Monitored Visits/Contacts
Procedural Guide, 0600-501.09, Consent for Mental Health Treatment
Procedural Guide 0600-501.10, Medical Consent
Procedural Guide 0600-508.00, Foster Youth Substance Abuse Services
Procedural Guide 0600-509.00, Dependency, Drug Court (DDC)/Family Substance
Abuse Treatment Program (FSATP)
Procedural Guide 0600-515.10, Psychiatric Hospitalization and Psychiatric Hospital
Discharge Planning for DCFS Supervised Children
Procedural Guide 0700-500.10, Youth Development: Education
Procedural Guide 0700-507.10, Appointment of Responsible Adult or Educational
Surrogate Parent for the Purpose of Making Educational Decisions
Procedural Guide 1200-500.30, DCFS Countywide Alcohol & Drug Testing Program


                           FORM(S) REQUIRED/LOCATION

HARD COPY: None

CWS/CMS:          Court Hearing Notebook

LA Kids:          DCFS 4153, Juvenile Court Calendar Set-on Slip Dependency

SDM:              None




0300-503.97 (Rev. 07/10)                                            Page 9 of 9

								
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