Tracking #2010-01106 
FA/P 1/7/11, eff. 3/2/11

I:/10101301.rtf
[I:/10101301.doc]

[Note:  Statement of Basis and Purpose has been incorporated with Tracking #2010-01109 (Rule-making #10-8-26-1)] 

(12 CCR 2509-4) 

[Instructions: replace line 1671206.]
7.304.4  AGE AND RESIDENCY REQUIREMENTS AND PAYMENT RESPONSIBILITY FOR CHILDREN IN OUT-OF-HOME CARE [Rev. eff. 3/2/11] 

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[Instructions: replace lines 1671228 through 1671243.]
F.  Each county shall designate a Change of Venue coordinator.
G.  When a motion for a Change of Venue has been made by the sending county, the sending county shall mail the Change of Venue motion to all parties and attorneys of record in the case and to the county attorney in the receiving county. 
H.  Within fifteen (15) calendar days after a court signs an order granting a Change of Venue and transferring jurisdiction, the sending county shall: 
1.  Provide written case information, if not located in the state automated system, to the designated Change of Venue coordinator in the receiving county which shall include, but need not be limited to: 
a.  Permanency goals; 
b.  Target dates related to the case; 
c.  Evaluations; 
d.  A current Family Services Plan; 
e.  Court reports; 
f.  Dates of placement moves; 
g.  Progress of the child(ren) in placement; 
h.  All Title IV-E eligibility determinations; and, 
i.  Recommendations for continuing progress in the case. 
2.  Update all documentation in the case file and in the state automated system. 
3.  Provide information, to the extent known, concerning the physical location of the child’s parents, guardians, legal custodians, and relatives. 
4.  Prepare the case for transfer by: 
a.  Scheduling a family engagement meeting involving all parties, county department caseworkers and supervisors, and community providers; or, 
b.  Conducting a case staffing between county caseworkers and supervisors in the sending and receiving county departments; or, 
c.  Submitting a written case transfer summary. 
5.  Forward a complete copy of the case file, excluding any confidential attorney-client communications from the sending county attorney’s office to the receiving county attorney’s office. 
I.  The child, family, and foster care provider shall be prepared for the transition by the sending county department.
J.  The sending county department is responsible for financial and service planning for the case and for payment of services through the calendar month in which the Change of Venue becomes effective. This date is to be confirmed by the sending county department in writing and there shall be no lapse in financial coverage during this process. If venue does not change, the sending county department retains financial responsibility.
K.  The receiving county department shall provide courtesy supervision and available services during this transition. If venue does not change, the sending county department retains financial responsibility.
L.  If a child is born while the mother is committed to a state mental institute or correctional facility, the county of residence prior to commitment shall be the county of fiscal responsibility.
M.  When a child is placed for adoption, the county department holding legal custody and guardianship shall have fiscal responsibility for the child until the adoption is finalized.
N.  If a child needs placement out of the home following finalization of adoption, the child's residence is that of the adoptive parents.
O.  Residence related to subsidized adoption is addressed in the Adoption Services section.

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[Instructions: replace line 1860312.]
7.304.53  Court-Related Procedures [Rev. eff. 3/2/11] 

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[Instructions: replace lines 1860349 through 1860352.]
K.  A trial home visit shall occur when it is necessary to assess the child's or youth's safety and well-being while residing in the planned permanent home. The time period of the trial home visit shall be determined by the agency and reviewed by the court as part of the reunification process prior to the permanent custodial return of the child or youth to the parents or planned caregivers.
1.  Trial home visits shall be documented in the State Department's automated data system.
2.  A trial home visit may exceed six months in duration if a court orders a longer trial home visit. If a trial home visit extends beyond six months and has not been authorized by the court or exceeds the time period the court has deemed appropriate, and the child is subsequently returned to foster care, that removal must then be considered a new removal and Title IV-E eligibility must be newly established. Under these circumstances, the judicial determination regarding contrary to the welfare and reasonable efforts to prevent removal are required.
L.  Change in Venue procedures are outlined in Section 7.304.4, F, G, and H. 

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