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- General Questions Concerning CFCC, the Judicial Council, and Other Legal Resources
- Child Support
- General Adoption Questions
- General Questions About the Indian Child Welfare Act (ICWA).
- Training Questions
- Title IV-E Eligibility
- Viewing Adobe Acrobat PDF or Word Documents
General Questions Concerning CFCC, the Judicial Council, and Other Legal Resources
What is CFCC?
The Center for Families, Children & the Courts (CFCC) merged the Administrative Office of the Courts' Statewide Office of Family Court Services and the Center for Children and the Courts. The primary purpose of CFCC is to maximize the effectiveness of court services for children and families. CFCC also increases public access, implements innovative court-related programs for children and families, and promotes those services in the legal community and to the public. CFCC works closely with the Judicial Council Family and Juvenile Law Advisory Committee.
How can I reach CFCC?
CFCC can be reached at telephone number 415-865-7739. The fax number is 415-865-7217. The mailing address is: The Judicial Council, Center for Families, Children & the Courts, 455 Golden Gate Ave., 6th Floor, San Francisco, CA 94102-3660. You may also reach CFCC via e-mail at: CFCC@jud.ca.gov.
How can I volunteer or intern at CFCC?
The Judicial Council of California, Administrative Office of the Courts (AOC), located in San Francisco, has openings for law and research, policy, and social/liberal arts students at the graduate level with the Center for Children, Families & the Courts (CFCC). The work hours are flexible to accommodate individuals' availability; however, the student must be available to work a minimum of 12 hours per week for research/ policy students and 16 hours per week for law students. Click here to learn about CFCC's internship opportunities.
What should I do if I need juvenile court legal advice?
Legal agencies and attorneys can assist you with your legal matter. If you can afford an attorney, look in the yellow pages of the phone book under "Attorney Referral Services," or "Attorneys." For information regarding local bar associations and other law links, visit the California Bar Web site: http://www.calbar.org/2lin/links.htm.
What is a bar association?
A bar association is a nonprofit voluntary membership organization of lawyers, judges, law students, and other members in related fields. In general, they provide equal access to the justice system for all members of our society. Bar associations can facilitate lawyer referrals and some associations may directly represent indigent clients through volunteer legal services.
How can I find the address and telephone number of my local juvenile or family court?
You can check the Government Listings in your telephone book white pages, under Courts for your city or county. You can also find the listings for the state Supreme Court and Court of Appeal in your district under State Government/Courts. To find the address and telephone number of trial courts on the Internet, go to the Trial Courts section online at http://www.courtinfo.ca.gov/courts/trial/. You can use the pull-down menu to locate courts with Web sites. On this page, you can also use the list of California Trial Court Judges to locate the address and telephone number of county court locations. Counties are listed alphabetically, and within each county, judges’ names are alphabetical, with the presiding judge listed first.
How do I find out about a particular juvenile or family trial or case, past or current?
If the case is in juvenile court, the file is confidential. Certain parties directly connected to the case may have access to a juvenile court file. In certain circumstances, the court may order access to a juvenile court file. If the case is in family court, the file can be obtained through the court clerk’s office.
Where can I view online state statutes and learn more about bills pending before the California Legislature that affect children and their families?
California legislative information is available online at http://www.leginfo.ca.gov. The site contains bill information, California law, legislative publications, contact information for the Legislature, Legal Counsel agency reports, and information about the legislative process.
Can Judicial Council forms be used once they are circulated but before they are adopted or approved?
No. There may be an old form that is still valid. In addition, until the form is adopted, it may violate California Rules of Court. You can locate online information about the use of legal forms is by clicking here.
Where can I find information/instructions on the Judicial Council forms related to juvenile and family court?
You can find new and revised forms are available online by clicking here and also at your local court clerk’s office. Forms may be accessed by category or by form number. You can also locate a list of legal forms is by clicking here. The new and revised forms cannot be filled out online but must be printed out and then filled out.
Where do I send my comments, suggestions and criticisms on the rules of the dependency or delinquency court?
Your comments will be sent to the staff counsel of the appropriate Judicial Council committee or subcommittee. Rules, forms, and standards of judicial administration are circulated for comment twice a year for adoption generally effective January 1 and July 1. For further information, review California Rules of Court.
Can CFCC provide an interpretation of a statute or rule?
No. CFCC cannot provide legal advice, and therefore, it does not have the authority to provide an interpretation of a statute or rule of court.
Where can I obtain copies of the California Rules of Court and local court rules?
The rules of any court can be found at your local law library. Some local court rules are also available on the Internet. If your jurisdiction has not posted its rules of court, you may want to contact your local law library or the court. The California Rules of Court are available on the Judicial Council’s Web site at http://www.courtinfo.ca.gov/rules.
How can I receive updates on juvenile court amendments to the California Rules of Court?
You may refer to the Judicial Council Web site: http://www.courtinfo.ca.gov/rules. The new and amended rules are listed under Amendments. This link will allow you to view the most current changes without having to review the entire set of rules. In addition, it is possible to search the entire rules document for specific subjects. Search instructions are listed under view rules on the Web site.
Which computer programs to determine child support calculations under the California uniform child support guideline are certified by the Judicial Council pursuant to California Family Code section 3830 and Rule 5.275 of the California Rules?
The programs certified by the Judicial Council are: (1) CalSupport and CalSupport PRO http://www.nolotech.com/CA/CA.html#cs, (2) Dissomaster http://www.cflr.com/products/dissomaster.php, and (3) Xspouse http://www.xspouse.com/, (4) SupporTax, and (5) California Guildeline Child Support Calculator (DCSS).
Which calculator program should be used in Title IV-D child support proceedings?
Starting May 9, 2008, only one program, the California Guideline Child Support Calculator (DCSS) can be used in Title IV-D proceedings. As a condition of federal funding of the child support program in California, the State of California through the Department of Child Support Services (DCSS) was required to develop a statewide automated case management system. Federal specification for this system included the development of a child support calculator that was integrated as a part of the DCSS case management system. A finding was issued under 45 C.F.R. sections 307.10(b) and 307.11 that requires California courts to only use and accept calculations prepared on DCSS’s California Guideline Child Support Calculator. The federal Office of Child Support Enforcement subsequently stated that as a condition of granting a limited exception for implementation of the DCSS statewide case management system, all judicial jurisdictions in California must be using the California Guideline Child Support Calculator no later than May 9, 2008 in Title IV-D proceedings.
Does the center have information on past adoption records?
No, the Center for Families, Children & the Courts does not maintain adoption records. To access California adoption records, go to http://www.calib.com/naic/pubs/as_ca.htm.
Where can I obtain general information on adoption?
You may contact the California Department of Social Services Adoptions Unit at telephone number 916-322-3778. The mailing address is: California Department of Social Services, Adoptions Support Unit, 744 P Street M.S. 3-31, Sacramento, CA 95814. Also check CDSS' Children and Family Services Division's web site, http://childsworld.org/adoption for information.
How do I obtain Department of Social Services adoption forms?
The Department does not accept telephone requests. Written requests for adoption forms can be mailed to: Department of Social Services, P.O. Box 980788, West Sacramento, CA 95798.
How can I obtain Judicial Council adoption forms?
Judicial Council Forms are located at http://www.courtinfo.ca.gov/forms/. Above the button See Forms, click the Adoption Field. Then click See Forms.
Is there a fee for adoption forms?
No.
What is the Adoption Assistance Program?
The state Legislature, recognizing that adoptive parents often experience financial difficulty meeting the needs of former foster care children, created the Adoption Assistance Program (AAP) to remove or reduce financial barriers to the adoption of children who cannot otherwise find secure, permanent homes. The program is intended to meet the specific needs of individual children for both basic care and specialized care. For additional information, write: Adoptions Policy Bureau Chief (MS 19-69), Adoptions Branch, California Department of Social Services, 744 P Street Sacramento, CA 95814 and or Sierra Adoptions, P.O. Box 361, Nevada City, CA 95959 (www.sierraadoption.org).
Who is eligible to receive benefits under the AAP?
Eligibility is determined on a case-by-case basis. An AAP grant amount is based upon the combination of the child’s needs and the family’s resources. Either a county that provides its own adoption services or the California Department of Social Services (CDSS) district office determines the eligibility for participation in the program. These agencies also negotiate a signed adoption assistance agreement with the adoptive parents. The agreement stipulates the need, the amount of AAP benefit, the duration of the assistance, and a renewal date, which cannot exceed two years from the date of the agreement.
May an original request for benefits be changed?
Yes. At the renewal date, or anytime beforehand, a request for a change in benefits can be submitted.
Is there a cap on the availability of moneys that can be collected?
Yes. The AAP moneys will not exceed the amount the child would receive if he or she were still in foster care. There is no means test for an adoptive family, and the grant is a negotiated amount based on the needs of the child and the circumstances of the family. The AAP-eligible child will receive a basic care grant and any state-approved specialized care increment for which the child would have been eligible for in foster care. The child is assessed, using the foster care assessments, at his or her current level of need as if the child had not been adopted and were currently in the foster care system.
What are the AAP funding sources?
The funding sources are the county, the state, and the federal government. For a child who is not federally eligible, AAP is paid by 25 percent county dollars and 75 percent state dollars. For a child who is federally eligible, AAP is paid by 12.5 percent county dollars, 37.5 percent state dollars, and 50 percent federal dollars.
Can a child receive both Supplemental Security Income (SSI) and AAP benefits?
A child may qualify for both SSI and AAP. The combination of the two benefits may not exceed the amount the child would have received in foster care. For SSI eligibility purposes, AAP funding is considered income. Therefore, AAP funding is deducted from SSI. (In other words, AAP benefits are "primary.")
What is a Specialized Care Increment (SCI)?
The SCI is a subsidy that is intended to defray the extraordinary costs of adopting a child with special needs. SCI funds are available for costs related to the child’s specific disabilities. Examples of extraordinary costs include transportation, therapy, and repair of excessive damage or destruction.
Do all counties receive SCI funding?
No. Modoc, Sierra, and Plumas Counties do not receive SCI funding; all other counties do. Although, a positive change (made in January 2001) in the California Regulations allows the SCI rate to be based on either the county that is financially responsible for the child or the adoptive parents' county of residence.
What is reassessment?
Reassessment is a process for providing the adoption agency with an update on the family’s circumstances and the needs of the child. It is also an opportunity to renegotiate the AAP amount based on the family’s changing circumstances and needs.
When and how does reassessment occur?
Reassessment can be requested by the family or an adoption agency. A family may request recertification anytime. The public adoption agency must recertify at least every two years. A family would request recertification (1) if there were a change in the child’s needs justifying an increase or decrease in the grant amount; (2) if there were a change in family circumstances, such as income, employment, divorce, etc.; or (3) if there were a change in the number of dependent family members. An agency would request recertification if the date agreed upon in the AAP agreement has been reached or if the agency learns of a change in family circumstances. Either a family or the agency would request recertification if it has been a maximum of 2 years since the last recertification or the child has been placed in out-of-home care and is receiving a grant greater than the basic foster care grant. If the agency requests recertification, families must return their recertification form by the due date.
What is a fair hearing, or a "state" hearing?
A fair hearing is a legal resolution process that is used when the family and the agency have a disagreement. This is the forum in which an individuals receiving benefits from the government can present their perspective when a change or a denial of certain benefits occurs. How do I file for a fair hearing? You can request a hearing by contacting the State Fair Hearing Board at the California Department of Social Services, Administrative Adjudications Division, (MS-19-37), 744 P Street, Sacramento, CA 95814 Telephone: 1-800-743-8525.
Where can I get more information regarding the Adoption Assistance Program?
Go to the Sierra Adoptions Web site, http://www.sierraadoption.org or call 1-800-227-8044. In addition, go to the California Department of Social Services Web site, http://www.childsworld.org.
What is ICWA?
ICWA stands for Indian Child Welfare Act. (25 U.S.C. § 1901 et seq.) ICWA is a multifaceted statute that includes provisions addressing tribal rights and opportunities, Indian social and cultural considerations, and minimum federal standards for state court proceedings involving Indian children. This act implements the federal government’s trust responsibility to tribes by protecting and preserving the bond between Indian children and their tribe and culture. Congress passed ICWA to address the misuse of state child protection power in removing Indian children and placing them with non-Indian families.
Is there a place were I can get more assistance and answers regarding the ICWA?
Yes. The Center for Families, Children & the Courts has an ICWA initiative that provides information and technical assistance and draws together resources on ICWA.
Click here to view more resources and materials from the ICWA Initiative.
Is there a place that I can find ICWA rules and forms?
Yes. Click here to access ICWA forms, rules of court, and other materials.
Is there a single federal or tribal criterion that establishes a person’s status as an Indian?
No. Both tribes and government agencies use multiple criteria to determine the eligibility of an Indian to be a tribal member or participate in certain programs. To determine what the criteria are for specific tribes or agencies, you must contact them directly. Formal enrollment is not required in order for a person to be a member of, or be eligible for membership in, a tribe and come within the scope of ICWA.
What types of proceedings are covered by ICWA?
The Indian Child Welfare Act says that it applies to all of these kinds of actions:
1. Foster care placements. According to ICWA, "foster care placement" refers to any action that removes an Indian child from his or her parents or Indian custodian for temporary placement in a foster home or institution, or in the home of a guardian or conservator, and in which the Indian parent or custodian cannot have the child returned upon demand, but parental rights have not been terminated. (25 U.S.C. § 1903(1)(i).)
2. Termination of parental rights. ICWA includes in the category of termination of parental rights any action that results in the termination of the parent-child relationship. Both voluntary and involuntary proceedings are included. (25 U.S.C. § 1903(1)(ii).)
3. Preadoptive placements. ICWA defines a preadoptive placement as the temporary placement of an Indian child in a foster home or an institution after the termination of parental rights but prior to or in lieu of an adoptive placement. (25 U.S.C. § 1903(1)(iii).)
4. Adoptive placements. ICWA defines an adoptive placement as the permanent placement of an Indian child for adoption, including any action that may result in a final decree of adoption. (25 U.S.C. § 1903(1)(iv).) In determining adoptive placements, a preference shall be given, in the absence of good cause to the contrary, to a placement with (1) a member of the child's extended family; (2) other members of the Indian child's tribe; or (3) other Indian families. (25 U.S.C. § 1915(a).)
In terms of proceedings in California, this means that ICWA applies to:
1. Dependency. ICWA applies to these proceedings whenever there is or may be a foster care placement or termination of parental rights. (Welf.. & Inst. Code, § 224.3.)
2. Delinquency and Status Offenses. ICWA applies to these proceedings if the placement is based on an act that is not a crime if committed by an adult, including such things as truancy. ICWA also applies in any delinquency case in which the child is in foster care or at risk of entering foster care or termination of parental rights is being considered. (Welf.. & Inst. Code, §§ 727.4 and 224.3.)
3. Family Code Section 3041 Placements and Termination of Parental Rights. ICWA applies to proceedings under the Family Code that could award custody of an Indian child to a nonparent (or Indian custodian), such as placements under section 3041 of the Family Code. It also applies to any proceedings under the Family Code that would result in the termination of parental rights to an Indian child.
4. Probate Guardianships and Conservatorships. ICWA applies to guardianships and conservatorships which involuntarily remove Indian children from the custody and care of their parents or Indian custodians.
Does the ICWA apply to parental custody disputes?
ICWA does not apply to all child custody disputes. For example, it does not apply to custody disputes between parents in divorce or dissolution proceedings. However, an action by one parent to terminate parental rights of the other parent is covered by the act. A divorce proceeding may be covered if a third party seeks custody as in proceedings under the Family Code or Probate Code described above under “What type of proceedings are covered by ICWA?”. The issue of whether ICWA applies to family law custody disputes between parents who were never married is unsettled.
What difference does it make in a case when ICWA applies?
ICWA sets minimum federal standards and requirements that must be followed in state court proceedings to which it applies. In particular ICWA requires:
- Inquiry to determine if a child before the court is an Indian child to whom ICWA might or does apply; (Fam. Code., § 177(a); Prob. Code., § 1459.5(b); Welf.. & Inst. Code, § 224.3).
- Notice to the child’s parents, Indian custodian (if any), tribe or tribes. (Copies of these notices are also sent to the Secretary of the Interior. If you do not know the identity or location of the child’s parents, Indian custodian (if any), or tribe, then the notice must also be served on the BIA Area Director.) (25 U.S.C. § 1912(a); Fam. Code., § 180; Prob. Code., § 1460.2; Welf.. & Inst. Code, § 224.2).
- Extra time for preparation if requested. (25 U.S.C. §1912(a); Fam. Code. § 180(d), (e); Prob. Code. §1460.2(d), (e); Welf.. & Inst. Code § 224.2(c), (d)).
- A right to counsel for indigent parents and Indian custodians; (25 U.S.C. § 1912(b); Prob. Code. § 1474; Fam. Code. § 180(b)(5)(G)(v); Welf. & Inst. Code. § 317(a)(2)).
- “Active efforts” to prevent the breakup of the Indian family; (25 U.S.C. § 1912(d); Fam. Code. § 177(a); Prob. Code. § 1459.5(b); Welf.. & Inst. Code § 361.7).
- Certain evidentiary standards and requirements such as the testimony of a qualified expert witness before there can be a foster placement or termination of parental rights; (25 U.S.C. § 1912 (e) & (f); Fam. Code. § 177(a); Prob. Code. § 1459.5(b); Welf. & Inst. Code §§361, 361.31, 361.7(c)).
- Placement of Indian children in accordance with placement preferences set out in ICWA or by resolution of the child’s tribe unless there is good reason to deviate from those placement preferences. (25 U.S.C. §1915; Fam. Code. § 177(a); Prob. Code. § 1459(b); Welf.. & Inst. Code § 361.31).
Is the best-interest standard established by the ICWA the same as for non-Indian children?
ICWA promotes the best interests of Indian children by promoting long term connections to their families and Indian communities. ICWA presumes that it is in the best interest of Indian children to maintain a connection with their tribes. The two purposes of ICWA are "to protect the best interests of Indian children and to promote the stability and security of Indian tribes and families
. . . ." (25 U.S.C. § 1902.) To protect the best interest of Indian children, the following objectives of the act should be considered: (1) jurisdictional provisions and intervention rights designed to enhance tribal control and involvement in Indian child custody cases, (2) the adoption of minimum federal standards for the removal of Indian children from their families, (3) the placement of Indian children in Indian homes, and (4) the support of tribal child and family service programs. The Indian child has an interest in his or her tribe; therefore, Congress has sought to protect Indian children by imposing minimum federal standards designed to ensure that cultural bias and misunderstanding do not adversely affect an Indian child’s relationship with his or her Indian family and tribe.
What rights does a child’s tribe have?
Under ICWA there are a variety of ways in which a tribe may participate in a child custody proceeding:
- A tribe may have exclusive jurisdiction over some child custody matters (25 U.S.C. § 1911(a),but exclusive jurisdiction is rare in California).
- A tribe may petition to transfer a proceeding from state court to tribal court (25 U.S.C. § 1911 (b)).
- A tribe may intervene as a party in state court proceedings (25 U.S.C. § 1911(c)).
- A tribe may choose not to intervene but to monitor the proceedings to ensure that their interests are protected and the ICWA requirements are fulfilled.
- A tribe may petition to invalidate state court proceedings which do not comply with ICWA (25 U.S.C. § 1914).
- A tribe may alter the placement preferences under ICWA and offer opinions on the appropriate placement of the Indian child (25 U.S.C. § 1915 (c)).
When may a tribe intervene in a case?
A tribe may intervene at "any point in the proceeding." (25 U.S.C. § 1911(c); Fam. Code. § 177(a); Prob. Code. § 1459.5(b); Welf.. & Inst. Code § 224.4.) Tribes have a right to intervene in state court proceedings falling under ICWA. Once they intervene, tribes become a party to the proceedings.
Note that tribal intervention is not required in order for ICWA to apply to a proceeding nor for a tribe to assert many of the rights set out above under “What rights to a child’s tribe have?”.
May a tribe petition to invalidate a proceeding?
Yes. A tribe may petition at any time to invalidate a proceeding conducted in violation of designated provisions of the act.
What is the tribe’s role in a state court proceeding?
If an Indian child is involved in a proceeding covered by the act, the act applies, whether or not the child’s tribe decides to become involved. A tribe may elect to participate in a state court proceeding in several capacities, including (1) filing a petition to transfer the case to a tribal forum, (2) exercising rights granted under the act to alter the minimum federal standards (See “What difference does it make in a case when ICWA applies?”), (3) intervening as a party at any point in an Indian child’s custody proceeding covered by the act, (4) providing evidence and testimony, and (5) providing services in certain cases when a tribe operates child and family service programs.
Who can appear in court on behalf of a tribe?
Both attorneys and nonattorneys can appear on behalf of a tribe. Tribes may clarify the authority of a tribal representative by resolution or other tribal documentation in accordance with the governing procedures of the tribe. (Judicial Council Form ICWA-040 Notice of Designation of Tribal Representative and Notice of Intervention in a Court Proceeding Involving an Indian Child)
Is there a list of Indian tribes that are authorized to exercise exclusive jurisdiction over Indian Child Welfare Act cases?
No. Currently there is no one list of Indian tribes authorized to exercise exclusive jurisdiction over Indian Child Welfare Act cases. You can get information on tribal courts at http://www.tribal-institute.org/lists/justice.htm or http://www.tribalresourcecenter.org/tribalcourts/directory/default.asp You can contact the tribe or tribal court directly to discuss whether the tribe exercises exclusive jurisdiction over Indian Child Welfare Act cases pursuant to ICWA and in particular 25 U.S.C. § 1911.
How many federally recognized Indian tribes are there?
There are more than 550 federally recognized tribes in the United States and more than 100 federally recognized tribes in California. Federally recognized tribes have a special legal relationship with the U.S. government, known as a government-to-government relationship. The number of federally recognized tribes is growing because a tribe can gain recognition by successfully petitioning the federal government under the regulations governing federal acknowledgment or, in some cases, by securing status clarification from the Bureau of Indian Affairs through litigation or legislation.
How can a tribe be located?
The Bureau of Indian Affairs is the best resource for locating a particular tribe. Its telephone number is 202-208-3711, and its mailing address is: Department of the Interior, Bureau of Indian Affairs Office of Public Affairs, 1849 C Street NW, Washington, DC 20240-0001. You can view the directory here.
Under the terms of ICWA and its implementing regulations, the Department of the Interior publishes in the Federal Register a list of Designated Tribal Agents for Service of Notice under the Indian Child Welfare Act.
Who is eligible to attend training for family court professionals?
Training programs produced for family court professionals by the Center for Families, Children & the Courts are for court staff only. The funds that support this training are dedicated to developing court-connected staff.
1. May a court continue to use a check box format in its minute orders?
Yes, a check box format may be used so long as there is a specific reference to the report(s) or other evidence relied upon by the court in reaching its decision. The following are two examples that meet the requirement for a case-specific finding:
Yes, a check box format may be used so long as there is a specific reference to the report(s) or other evidence relied upon by the court in reaching its decision.
Following are two examples that meet the requirement for a case-specific finding:
"The court has read and considered
___social worker/probation report dated ___
___other________________________________ (e.g., report of foster family agency/group home/mental health provider, etc. dated________)
and makes the following findings and orders based on the information therein."
OR
"The court has read and considered
___social worker/probation report dated ______
___other___________________________________ (e.g., report of foster family agency/group home/mental health provider, etc. dated________)
and adopts as the findings and orders the recommendations set forth in social worker/probation report dated _______"
Merely referencing the applicable state statute is NOT acceptable for Title IV-E eligibility purposes.
2. Do minute orders memorializing the Title IV-E findings need to be signed by the judicial officer hearing the case?
There is a clear directive from the Federal Administration for Children and Families (ACF) requiring a judge’s signature on the findings and orders made at the removal hearing. (See ACF Information Memorandum No. ACYF-CB-IM-00-09, p. 2, question 11.) There has not been a specific directive issued as to six-month review hearings, permanent plan hearings, and postpermanency review hearings; however, it is the best practice and recommended that the judicial officer sign all findings and orders.
3. When does the court need to make the "contrary to the welfare" or equivalent finding under Welfare and Institutions Code section 319(a)?
The judicial determination MUST be made at the first court hearing removing the child from the home of his or her parents or legal guardians. In most cases, this will be at the hearing held pursuant to Welfare and Institutions Code section 319 or section 632.
In those cases in which the child has remained in the home pending disposition, the first removal hearing may be on the date of the disposition hearing pursuant to Welfare and Institutions Code section 360 or section 725.
4. May the court continue the initial removal hearing and make the "contrary to the welfare" finding at the continued hearing date?
No. This determination must be made on the date the issue of removal is first presented to the court. It may NOT be delayed even for a one-day continuance pursuant to Welfare and Institutions Code sections 322 and 638.
If this judicial determination is NOT made at that time, the child will NEVER be eligible for federal funding for that stay in foster care. If the case is audited, federal funds for the entire duration of that child's stay in foster care must be returned to the federal government.
The court may make a temporary "contrary to the welfare" finding at the initial court appearance pending a further determination at the continued hearing.
5. When must the court make the "reasonable efforts to prevent or eliminate the need for removal" finding?
This judicial determination must be made no more than 60 days from the date the child is removed from the home of his or her parents or legal guardians; however, the efforts must have been made prior to the child’s removal from the home.
It is the best practice and recommended that this determination be made at the initial hearing removing the child from the home. If this judicial determination is NOT made within the 60-day period, the child will NEVER be eligible for federal funding for that stay in foster care. If the case is audited, federal funds for the entire duration of that child's stay in foster care must be returned to the federal government.
6. What if the child welfare or probation department did not provide any services to prevent or eliminate removal because even with services the child could not safely remain in the home due to the circumstances that made removal necessary?
It is the level of effort by the department that must be found to have been reasonable. The department may assess the situation of the child and family and decide that due to concerns for the child’s safety no effort should be made to provide services to the child or family to prevent or eliminate the need for immediate removal from the home. In that event, if the court determines the department’s assessment is accurate and its actions appropriate, the court may find that the level of effort was reasonable and make a finding that reasonable efforts have been made.
A determination that ". . . reasonable efforts have been excused because of the emergency nature of the removal" is NOT acceptable for Title IV-E eligibility purposes although it remains part of California law.
7. Under Title IV-E, when must the court make the "reasonable efforts to finalize the permanent plan" finding?
There must be a judicial determination that the local child welfare or probation department has made reasonable efforts to finalize the permanent plan within 12months of the date the child is considered to have entered foster care and every 12 months thereafter so long as the child remains in foster care.
A failure to make this finding will result in the child being found ineligible for federal foster care funding until the determination is made.
8. Does California law require that the "reasonable efforts to finalize the permanent plan" finding be made more frequently?
Yes. Following the initial permanent plan hearing there must be a review hearing before a court or local reviewing body every six months, which includes the "reasonable efforts to finalize a permanent plan" finding. The review hearing MUST be before the court no less frequently than every 12 months.
9. What are the permanent planning options?
The permanent plan may be reunification, adoption, legal guardianship, placement with a relative, or placement in another planned permanent living arrangement. There must be documentation of a compelling reason for the selection of the planned permanent living arrangement as the permanent plan.
10. How does the department determine the period for filing a petition to terminate parental rights?
A petition to terminate parental rights must be filed for a child who has been in foster care for 15 of the most recent 22 months calculated from the date the child entered foster care. The petition must be filed by the end of the fifteenth month. The department must use a cumulative method to determine the 15-month period when a child experiences several exits from and returns to foster care during the 22-month period. Neither a trial home visit nor runaway episode may be included in determining the 15 months.
Example: A child has entered foster care on March 1, 2000. The child runs away and is gone from foster care from June 1, 2000 to June 30, 2000. The child remains in foster care until September 1, 2000 when he runs away again and does not return to foster care until November 30, 2000. Assuming there are no further disruptions in placement, the date to file the petition to terminate parental rights is September 30, 2001.
11. Must a department always wait a full 15 months before filing a petition to terminate parental rights?
No. The department has the discretion to file a petition to terminate parental rights whenever it is in the best interest of the child to do so.
12. Must a department always file a petition to terminate parental rights when a child has been in foster care for 15 of the most recent 22 months calculated from the date the child entered foster care?
No. There are specific exceptions to the requirement of filing a petition to terminate parental rights. These are:
The child is in a relative placement.
OR
There is a documented compelling reason that termination of parental rights would not be in the child’s best interests.
OR
The child welfare department or probation department has not provided services needed for the safe return of the child within the time period set forth in the case plan.
It is important to note that once a determination has been made that an exception applies, there is no further requirement for the department to file a petition to terminate parental rights. However, the appropriateness of a child’s permanent plan continues to be evaluated at each postpermanency review hearing.
These materials are based on laws in effect at the time of publication (November 2000). Federal and state laws can change at any time.
Viewing Adobe Acrobat PDF or Word Documents
Documents on our Web site are posted in one or more of three formats: HTML (.htm), Word 97 (.doc) or Adobe Acrobat (PDF). Viewing an HTML document requires no additional software and can be done through your browser. Viewing a Word document requires that you download the document and open it offline in Microsoft Word 97. Viewing an Adobe Acrobat document requires the Adobe Acrobat Reader 4.0+ for either online or offline viewing. Downloading a document requires that you right click on the file and select Save Link As or use the File/Save As option on your browser's toolbar.
Adobe Acrobat Reader 4.0+ enables Netscape
Navigator 3.0+ or Internet
Explorer 3.0+ to view .pdf documents online through the browser. This
means that you will not have to launch the Adobe Acrobat Reader separately
after downloading .pdf documents because they will automatically be opened
in the Adobe Acrobat Reader by the browser. You may still download and
view the document offline through the Adobe Acrobat Reader without the
browser if you choose to do so. Click here to
download the free Adobe Acrobat Reader designed for your operating
system or platform.
AOL Users: While the AOL browser does support the Adobe Acrobat Reader, there is a technical problem within the browser that prevents it from displaying .pdf files online. This means that if you are using AOL, you need to download the .pdf file, save it to your hard drive and open it with the Adobe Acrobat Reader offline, or consider installing either Netscape Navigator 3.0+ or Internet Explorer 3.0+.
Some files are provided as Excel 5.0 or Access 7.0 files. To view these files, you will need to download them and open them within Excel or Access.
If we think that downloading a large file is likely to be problematic, we provide it as a self-extracting executable file or as a compressed file in .ZIP format. To use self-extracting executable files, you must decompress by executing the file in Windows or DOS. Before you can view a .ZIP file, you will need to decompress or unZIP it with a utility like PKUNZIP or WinZip.