For Anyone Concerned About a Child in Foster Care
Reporting Concerns to the Dependency Court
The role of the dependency court is critical for oversight of a foster child’s case. The county child welfare agencies are accountable to the dependency courts as they propose initial case dispositions and review hearing case dispositions. Foster Family Agencies are also accountable to the dependency court. There are several ways individuals can access the dependency court and report concerns about a child or youth in foster care to the judge.
If you are concerned about a child or youth in foster care, one of the best tools at your disposal is the the JV-180 Request to Change Court Order. Consider filing the JV-180 when important issues need to be addressed by the court as soon as possible. You must assert new or changed circumstances and the show that modification of a previous court order is in the child's best interest. You are encouraged to contact Advokids if you intend to file a JV-180.
If you are a Current Caregiver (relative or non-relative): Communicating with the court requires special court forms and protocol. If you are a caregiver and wish to report to the court at the time of a review hearing, you can file a JV-290 Caregiver Information form. Often times, we suggest that caregivers file a JV-290 and a JV-180 (see above) simultaneously. For more information, please see our Caregiver Information page. Please contact Advokids if you have any questions.
If you are a Relative or NREFM (and not current caregiver): if you are a relative or non-relative extended family member, you can report any information or concerns you may have to assist the court in making decisions in the child's best interest by using a JV-285 Relative Information form. If your concerns need more immediate attention (for example, you fear for the child's safety), consider filing a JV-180 (see above) in addition to filing a JV-285. Please contact Advokids if you have any questions.
Reporting A Concern About a Foster Child or Youth in Your Care to the Agency
If you have serious concerns about a foster child or youth that is placed in your care, it is important to keep all communication about your concerns in writing so that you can document who you have voiced the concerns to. County child welfare agencies are responsible for the day-to-day casework for foster children in California. County agencies must file reports and recommendations to the dependency court at the time of disposition, review hearings, and permanency planning hearings. Advokids encourages all foster child advocates to always report their serious concerns about a child in foster care to the county child welfare agency. It is important to inform all professionals up the chain of command of your concerns. This allows the administrators and directors of the agency to be aware of your concerns and will encourage them to scrutinize the activities and decisions within their department.
You can find an example of a Letter of Concern here.
All corresponding reporting your concerns should be sent to the following people at the county child welfare agency:
- The assigned county social worker,
- The county social worker's supervisor, and
- All agency employees responsible for the child/youth, including the program manager and director.
Copies of all letters of concern written to the agency should also be sent to the following individuals:
- The child/youth's appointed attorney,
- County counsel assigned to the case,
- The Court Appointed Special Advocate ("CASA") if there is one,
- The Foster Family Agency ("FFA") social worker, supervisor, and director (if there is an FFA involved), and
- The California State Ombudsperson for Foster Care
- CDSS Caregiver Policy and Spport Team at this email: [email protected]
Resource Families working with a Foster Family Agency
Foster family agencies are also responsible for the day-to-day casework with foster children in California. They have a duty to file periodic reports with the Juvenile Court. Welfare and Institutions Code § 366.21 (d) requires that:
Prior to any hearing involving a child in the physical custody of a community care facility or a foster family agency that may result in the return of the child to the physical custody of his or her parent or legal guardian, or in adoption or the creation of a legal guardianship, the facility or agency shall file with the court a report, or a Judicial Council Caregiver Information Form (JV-290), containing its recommendation for disposition. Welfare and Institutions Code § 366.21(d)
If you are an advocate with a concern about a foster child placed through a Foster Family Agency, be sure to send a letter of concern to the Foster Family Agency social worker, his/her supervisor and the director of the Foster Family Agency. Copies of all letters of concern written to the FFA should also be sent to all county social workers involved in the child’s case, the director of the county agency, the child’s attorney, county counsel, and the CASA, if one has been appointed.
Reporting Foster Youth Rights Violations to the Ombudsperson
If your complaint is related to the care, placement, services, or rights of a foster child or youth, you can contact the California State Ombudsperson for Foster Care.
The California Ombudsperson for Foster Care is the state agency mandated to investigate and attempt to resolve complaints, on behalf of foster children, related to their care, placement or services. The office is empowered to investigate complaints about state and local agencies regarding foster care. The office listens to your concerns, documents your complaints, gathers all relevant information, remains neutral and impartial, and formulates a process for possible resolution. For more information on how the Office of the Foster Care Ombudsperson can assist you, please visit our website at https://fosteryouthhelp.ca.gov. Please contact the Ombudsperson by calling or filing an online complaint:
Office of the Foster Care Ombudsperson
744 P Street, M.S. 8-13-25
Sacramento, CA 95814
(877) 846-1602
[email protected]
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Child Welfare System Accountability
Should you feel that it is appropriate to raise concerns regarding misconduct by certain individuals involved in a juvenile dependency case (i.e. social workers, judges, attorneys, etc.) please review our Accountability webpage for guidance on complaint procedures.
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Reporting and Information Sharing: Improving Outcomes
The best outcomes for foster children occur when everyone involved in the child’s care and supervision works together using all of the legal tools available to them. Too often problems in a child’s case are not identified and communicated effectively to the dependency court or the responsible agencies. In addition to caregivers, the main parties involved in the dependency court process are the court, county child welfare agencies, foster family agencies, and attorneys.
The California Department of Social Services (CDSS) has provided a resource webpage on filing complaints about county welfare services agencies that can be found here. If you have specific questions regarding a juvenile dependency case, please contact Advokids.
Legal Disclaimer: Advokids provides educational information and resources to those who use our website, call our helpline, or submit requests for information via the website. Any information provided may not be construed as the giving of legal advice to any person about a particular legal matter and should not be relied upon as the basis for taking a particular action or refraining from taking a particular action in any legal matter. If you want or need legal advice about a particular legal matter, you should consult a lawyer.
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