Note: This is the updated version of this training to be presented beginning 2/21/12 as a half-day, in-person training for CS CSW staff. The training was modified and its’ contents were agreed to, as of 2/8/12. In addition to this in-person training, there will be a required e-learning component that will be assigned to staff upon completion. NOTE: For the Nov. Dec. 2011 large venue (100 +) sessions two slides were added to allow more discussion at tables and the post test was added at the end-it is also a handout. This version includes updated slides regarding school interviews following the Sup Ct’s decision in Greene v. Camreta. This updated PPT first presented at CORE Academy on 07/22/11.

1. Search Warrant and
Removal Order
For New
CSWs
OFFICE OF THE COUNTY COUNSEL
Los Angeles County
[CHS 451085 Revised September 2013 to CHS 475639]
This document, including any and all attachments, is intended for the official and confidential use of the recipients. The information contained in this
document, and any and all attachments, is privileged and strictly confidential under state law, including but not necessarily limited to, Evidence Code
section 954 [lawyer-client privilege], Welfare and institutions Code sections 827 [confidentiality of juvenile case files] and 10850 [confidentiality], and
Government Code section 6254(c) [records exempt from disclosure]. This document, and any and all attachments, may not be copied, shared, used or
distributed in any manner inconsistent with it's intended use. It may be shared only with authorized persons who are reasonably necessary to accomplish
the purpose for which the document was made. Moreover, this document, including any and all attachments, contains information that may be
confidential, privileged, attorney work product, or otherwise exempted from disclosure under applicable law, including but not necessarily limited to,
Evidence Code section 915 [attorney work product].

2. 22
Discussion Today
UNDER WHAT CIRCUMSTANCES CAN A CSW LEGALLY
 Enter A Home As Part Of An Investigation?
 Interview A Child?
 Conduct A Visual Inspection of A Child?
 Obtain A Medical Exam of a Child?
 Obtain Remedial Medical Treatment for a
Child?
 Take A Child Into Protective Custody?

3. 33
Discussion Today
 WARRANTS & OTHER COURT ORDERS
 CONSENT
 EXIGENT CIRCUMSTANCES
Learn How These Topics:
 Relate to every child abuse investigation, and
 Answer all of those questions.
See DCFS Policy 0070-570.10

4. 44
What U.S. Constitutional Rights
Do All Parents & Children Have?
4th Amendment
 Right Against Unreasonable Searches & Seizures
 Searches of Homes & Persons
 Seizures of Items & Persons
14th
Amendment
 Right to live to together as a family without
governmental interference, and not be separated
without Due Process of Law
 Applies to Removals of Children

5. 55
What is a Warrant?
 A warrant is simply a type of court order
that is signed by a Judge.
 It can authorize:
 Entry to a residence;
 Search of personal property or things; and the
 Seizure of items or persons—including a child.
 Warrants and other court orders are used by
government officials, such as Police and
Social Workers, to conduct investigations.

6. 666
Types Of Court Orders
A CSW May Need
 Search Warrant
 COURT ORDER TO ENTER A RESIDENCE TO:
 Inspect and Search the Home
 Interview Child
 Conduct a Visual Physical Exam of Child
 Take Child for a Medical/Sexual Abuse Exam
 Court Orders for:
 INVESTIGATIVE MEDICAL/SEXUAL ABUSE EXAM OF A CHILD
 SCHOOL INTERVIEW OF CHILD
 REMEDIAL MEDICAL TREATMENT OF A CHILD
 Removal Order
 COURT ORDER TO PLACE CHILD IN PROTECTIVE CUSTODY;
can include authorization to:
 Enter Home to Remove Child, and/or
 Obtain a Medical/Sexual Abuse Exam of Child.

7. 77
What Legal Exceptions
Permit A CSW to Act
Without First Obtaining A Court Order?
CONSENT
EXIGENT CIRCUMSTANCES –
Immediate Risk

8. 88
WHEN A COURT ORDER IS REQUIRED
A CSW Must Always Obtain An Order PRIOR To
 Entering or Inspecting a Home
 Interviewing a Child
 Conducting a Visual Inspection of a Child
 Obtaining a Medical Exam of a Child, or
 Removing a Child from a Parent/Legal Guardian’s Custody
 Obtaining Remedial Medical Treatment for a Child Before
Detention Hearing (only used for small timeframe: child physically
detained by DCFS until initial detention hearing)
UNLESS A CSW Has:
 CONSENT of the Parent/Legal Guardian, or
 EXIGENT CIRCUMSTANCES EXIST
CSW does not have time to get an order (3-6 hours) because
the emergency nature of the situation places the child at
immediate risk of serious physical harm.

9. 99
NO NEED FOR A COURT ORDER
 IF Parent Or Legal Guardian CONSENTS to:
 Entering or inspecting the residence
 Interviewing a Child
 Conducting a visual inspection of a Child
 Obtaining a medical exam of a Child, or
 Removing a Child from the Parent/LG’s custody
 Remedial Medical Treatment Before Detention Hearing
 Or EXIGENT CIRCUMSTANCES EXIST.

10. 1010
SAME RULES APPLY TO
BACK-END CASES
For investigations involving a child that is under the care and
custody of a Parent or Legal Guardian, and there is a potential
need for removal of the child via a WIC 387 or WIC 342 Petition:
 A Court Order Will Also Be Required To
 Enter and inspect a home
 Interview a Child
 Visually inspect a Child
 Obtain a medical exam
 Remove a Child
 Unless The CSW Has
 CONSENT or
 EXIGENT CIRCUMSTANCES EXIST.

11. 1111
Consequences of Violating a
Warrant Requirement
Potential Civil Liability
For Social Workers
 Unreasonable Searches and Seizures in Dependency
Cases are 4th
and 14th
Amendment Violations
 Actionable under 42 U.S.C. § 1983
 Civil Rights Liability includes attorney fees
 Punitive Damages

12. 1212
No Civil Immunity if
CSW Acts with Malice
CA Govt. Code § 820.21.
The defense of Civil Immunity will not extend to a
CSW if any of the following are committed with
“malice”; examples of malice:
 Perjury
 Fabrication Of Evidence
 Failure To Disclose Known Exculpatory Evidence
 Obtaining Testimony By Duress
 Fraud
 Undue Influence
Malice means: conduct that is intended by the CSW to cause injury or despicable conduct that is
carried
on by the CSW with a willful and conscious disregard of the rights or safety of others.

13. 1313
CONSENT

14. 1414
A CSW Must Obtain
Lawful Consent
FOR CONSENT TO BE LAWFUL, IT MUST BE GIVEN
FREELY, VOLUNTARILY, and KNOWINGLY.
 Consent means permission.
 A CSW must never coerce, threaten, or force a person
to agree to the CSW’s requests.
 NOTE: Consent for medical treatment and educational issues is needed as
well – See DCFS 179

15. 1515
Two Types of Consent
ACTUAL CONSENT
 Is usually given
verbally. Could be
given in writing.
 “Yes, come on in.”
 “Yes, you may talk to
my child.”
 “Yes, you may check
my child for injuries.”
IMPLIED CONSENT
 A gesture indicating
permission is given.
 A hand movement signaling
that it is okay to act.
 Opening the door and/or
stepping aside to indicate that
entry is authorized.
NOTE: A CSW should always
try to confirm any non-verbal
gesture to ensure that consent
is actually being given:
 “Is it okay that I come in?”
 “May I come in to speak to
you and your child?”

16. 1616
SCOPE OF CONSENT
A CSW CANNOT EXCEED THE SCOPE
OF THE CONSENT GIVEN
"Scope" refers to what the person has agreed to or
will permit to be done with respect to
Entering/Searching/Inspecting/Interviewing.
Example:
 A parent may let you enter the home to speak to him, but
may not agree to permit you to:
 search the residence, and/or
 look inside a refrigerator, and/or
 speak to the child.

17. 1717
WITHDRAWAL OF CONSENT
A PERSON IS FREE TO LIMIT OR
WITHDRAW CONSENT AT ANY TIME.
If Consent Is Withdrawn,
 CSW must immediately stop the
conduct,
 or limit it to that which is still
permitted,
 unless exigent circumstances
exist to support the CSW’s actions.

18. 1818
ENTRY INTO HOME
Who Can Give Consent?
Apparent Authority to Consent
A CSW must have a good faith belief
that the person giving consent has
the authority to do so.
 In most cases, a person who can consent to enter a
home must:
 live, or appear to reside, at the residence,
 and must appear competent enough to fully understand
that he/she is giving consent to enter the home.

19. 1919
PARENTS
• TWO PARENTS RESIDING IN THE HOME
One Parent can give consent to enter and search
the home, even if the other Parent is absent or objects.
HOWEVER,
• If both Parents are present in the home, &
• ONE PARENT OBJECTS,
• DO NOT ENTER (unless there are exigent circumstances).
• INSTEAD, immediately consult with SCSW and/or
Warrant Desk.
• If the objecting Parent is no longer present, and the other
Parent consents, then the CSW may enter/search.

20. 2020
Other Adults Residing In The
Home
 CSW must have some reason to believe that the
person has joint control or access to the places or
items to be viewed that would indicate that the person
authorizing the entry has the authority to do so.
 If the residence is shared with an adult co-occupant, the
co-occupant may consent to entry and search of
"common areas," such as a living room, dining area or
kitchen, but not private areas that belong to others, such
as bedrooms, private bathrooms, closets.
 HOWEVER:
 If one co-occupant objects to entry/search, DO
NOT ENTER. Instead, consult with SCSW and/or
Warrant Desk.

21. 2121
Babysitter or Caregiver
 May authorize entry into common areas or the child’s
room if that person has authority to consent.
 Person need not be an adult, but……
 Circumstances must demonstrate that person is
 competent,
 has been given authority to allow entry to the home, &
 has responsibility over the areas in the home entered
or searched
by virtue of the fact that the home owner told the
babysitter which rooms, areas, things and/or
places he/she may enter, or
it is an area where the child stays or where objects
needed to care for the child are used/stored.

22. 222222
ENTRY INTO HOME
Persons Who Cannot Consent
Motel managers, landlords, and custodial staff cannot
consent to entry into rented rooms or apartments.

23. 2323
WHAT IF CONSENT TO ENTER IS DENIED &
EXIGENT CIRCUMSTANCES DO NOT EXIST?
CSW WILL NEED A WARRANT/ORDER TO ENTER
At a minimum, from the doorway:
 ask to see the child outside,
 observe any rooms and objects
that are in plain view, and
 observe the outside surrounding
areas, so you can assess
the urgency of the situation.
Make efforts to get a good look
from outside.

24. 2424
How Can A CSW
Remove A Child Based On CONSENT?
VOLUNTARY PLACEMENT AGREEMENTS
A Parent/Legal Guardian must
consent freely and voluntarily.
 WIC 16507.4 authorizes an out-of-home placement of a child
without adjudication by the court only if
 there is a “mutual decision” between the parent/guardian
and DCFS; and
 a written agreement specifying the terms of the voluntary
placement.
 ALWAYS GET CONSENT TO REMOVE IN WRITING!!
DCFS Policy Guides:
0070-548.25 (Safety Plans); & 0100-510.21 (VFRs)

25. 2525
PRACTICE TIPS:
 When you go to a home, always make a mental note of
everything you observe. Assume you won’t get a second
chance to get into a house.
 Your observations are critical in justifying a court order
or warrant request and must be detailed in any
affidavit.
 Observe & Document:
 Demeanor and physical condition of the child, the parent,
any siblings or other persons in the home,
 Physical condition of the home,
 All sights, sounds and/or smells relevant to your
investigation.

26. 2626
EXIGENT
CIRCUMSTANCES

27. 2727
EXIGENT CIRCUMSTANCES
Federal Definition*
CSW can act without Warrant/Court Order if:
 CSW has reasonable cause to believe
 Child is in imminent (immediate) danger
 Of serious bodily injury
 And the scope of the CSW’s intrusion is
reasonably necessary to prevent that specific
injury.
*Wallis v. Spencer (9th
Cir. 2000) 202 F.3d 1126, 1138

28. 2828
What is “Imminent” Danger?
When a CSW does not have time to obtain a
Warrant or Court Order because of the
immediate risk of serious harm to the Child.
Before acting on the basis of Exigent
Circumstances, a CSW must always ask:
 “Do I have time to get a warrant
or court order before the
child will likely suffer
serious physical injury?”
 Usually 3 to 6 hours

29. 2929
EXIGENCY-
California Statutory Law
Peace Officers (WIC § 305)
Can take a Child into
protective custody without a
warrant or court order if:
Officer has reasonable
cause to believe
 Child is described by WIC
§ 300
 AND Child
 Has an immediate need for
medical care,
 Is in immediate danger of
physical or sexual abuse, or
 The physical environment or
fact child is left unattended
poses an immediate threat
to child’s health or safety.
Social Workers (WIC § 306)
 1) Can receive and maintain,
pending investigation, temporary
custody of a child who has been
delivered to CSW by a Peace
Officer (see also WIC § 309); or
 2) Can take a child into protective
custody without a warrant or court
order CSW has reasonable cause
to believe
 Child is described by WIC §
300 (b) or (g),
 AND Child
 Has an immediate need for
medical care,
 Is in immediate danger of
physical or sexual abuse, or
 The physical environment
poses an immediate threat to
child’s health or safety.

30. 3030
EXIGENCY-
Additional Requirements per WIC §
306
 Prior to taking temporary custody of the child without a
Warrant/Court Order,
 CSW must consider whether the child can remain safely in the
home, including whether:
 REASONABLE SERVICES would eliminate the need
for removal; or
 Whether a non-offending caretaker can provide for
and protect the child from abuse/neglect, and the
alleged perpetrator voluntarily agrees to leave the
residence, does so, and is likely to stay out.
-But remember: this would require juvenile court action to make the
arrangement permanent.
-Also, safety plans are only temporary. (See DCFS Policy 0070-548.25.)

31. 31
A Peace Officer Delivers A Child to
CSW (WIC § 309, DCFS policy 0070-547.13)?
 Immediately release the child to parent, guardian, or
responsible relative,
 Unless,based upon CSW’s further assessment, CSW finds
the same emergency factors that would justify removal from
the home, including:
 The child has no parent/guardian/responsible relative willing or able
to provide care; and/or
 Continued detention of the child is a matter of immediate and urgent
necessity to protect the child, and there are no reasonable means to
protect the child at home or with a responsible relative; and/or
 There is substantial evidence the parent/guardian/custodian will flee
with the child; and/or
 The child has been voluntary surrendered as a Safely Surrendered
child (pursuant to Health and Safety Code § 1255.7); and/or
 The child is AWOL from a court-ordered placement.

32. 32
“Do I have Exigent Circumstances?”
2 Step Process Approach
To determine if a child may be detained without a warrant
or court order, think about it as a two step process:
 FIRST: Is this the type of harm/risk that a CSW may
act upon without a warrant/removal order?
 SECOND: If it is the type of harm/risk a CSW may act
upon without a warrant/order, is that harm or risk to the
child determined to be “immediate?”

33. 33
“Do I have Exigent Circumstances?”
 STEP 1. Does the investigation involve at least one
of the types of harm/risk below? (WIC §
306)
 Is there a threat of serious physical harm; and/or
 Is there a threat of sexual abuse; and/or
 Is there a threat of physical abuse; and/or
 Is there a need for medical care for a serious medical condition;
and/or
 Does the physical environment pose a risk to the child's health or
safety?
 NO: If no box can be checked, a warrant/court order
will be required for a CSW to detain the child.
 YES: If any one of the boxes can be checked, then
go to “STEP 2."

34. 34
“Do I have Exigent Circumstances?”
 STEP 2. If so, is there "Immediate Risk?”
• In the time that it would take to prepare, obtain, and
return to serve a warrant/order, is there reasonable
cause to believe the child is likely to experience serious
bodily harm, be beaten, or be sexually molested?
 NO: If not, a warrant or court order will be required for a
CSW to detain the child.
 YES: If the “Yes" box can be checked, then the
CSW may detain without a warrant or court order.

35. 35
“Flight Risk” or “Child Concealment”
As Factor for Determining Immediate Risk:
 The fact that a parent is a "flight risk" or that the whereabouts of a
child is being withheld,
 may act as a factor in determining whether there is an "immediate
risk" of harm to a child, such that the child can be detained without
a warrant/order.
 However, the underlying allegations must be serious and fall
under one of the types of harm described in STEP 1 (WIC § 309).
 Non-serious allegations, such as
• a dirty home; and/or
• emotional abuse,
 may not be enough for exigent circumstances, even if the parents
are a "flight risk."

36. 363636
What About Exigency Based On
Allegations of Emotional Abuse/WIC § 300(c)?
Usually cannot form the basis of exigent circumstances.
 Unlike Physical harm and Sexual abuse that can have
immediate and dire consequences, emotional harm by its
nature usually does not carry the same immediacy.

If emotional abuse is the ONLY Allegation, a Court Order
will be required,

Unless the CSW can articulate specific facts showing
exigency based upon the Child’s emotional state.
 EXAMPLE: Child is suicidal and parents refuse or are unable to act
such that Child may harm themself in the time that it would take the
CSW to obtain a Court Order if Child is not taken into protective
custody.

37. 37
Baby Joe
 Open FR case involving
physical abuse, DV, Mo’s drug
use and a dirty home.
 Mo failed to reunify with older
children – 5 of whom are in PP.
 Mo is homeless and still
together with Fa.
 Mo and Fa have extensive
DCFS & DV history.
 Parents failure to comply with
case plan and to reunify is well
documented.
 Mo gave birth to baby Joe 2
weeks ago.
 Newborn removed from Mo 1 week
after birth – no explanation as to
delay between DOB and detention
date.
 Reason for detention “at risk due to
siblings having been abused and
mother not having reunified with this
child’s six siblings.”
 DCFS informed Mo throughout
pregnancy that there was a
possibility that her baby would be
detained.
 Baby was detained from Fa,
although report does not specifically
address reason (presumably for
same reasons child was detained
from Mo).
 DCFS convened a TDM –removal
may have occurred at or after the
TDM.
Attorney/Client Privilege & Confidential
Attorney Work Product

38. 38
Analysis of Baby Joe Case
 Reminder: The rule is DCFS must have a court
order to remove from a parent, even when there
is an existing dependency court case, unless
there is an exception:
 Did DCFS have a court order in this case?
 If no, what exception applies?
 Was there consent to remove?
 If no consent, was there exigency?
Attorney/Client Privilege & Confidential
Attorney Work Product

39. 39
Apply the Exigency Analysis
 1. “Do I believe that this CHILD is described by WIC 300?
 2. “Do I believe this CHILD is:
 at risk of serious physical harm or sexual abuse, and/or
 in need of medical care for a serious medical condition,
and/or,
 in an environment that poses a threat to Child’s health
or safety?”
 3. “Do I need to act immediately because I believe the
Child will be seriously physically harmed in the time it
would take me to prepare, obtain, and execute a
warrant/court order, which could take 3-6 hours depending
upon the circumstances?”
Attorney/Client Privilege & Confidential
Attorney Work Product

40. 40
Conclusion:
 Was Baby Joe removed:
 By court order?
 By parental consent?
 By exigency?
Additional Considerations:
Does an open case create exigency?
Does failure to reunify create exigency?
Does failure to comply with the case plan create
exigency?
What happened between birth and the TDM?
How does waiting until a TDM to detain affect the finding of
exigency?
Attorney/Client Privilege & Confidential
Attorney Work Product

41. 4141
What Else Should A CSW
Know About Exigency?
 Reliable Evidence Required
 CSW Must Make Exigency Determination
Based On All Information Known At The Time
 Don’t Delay! – Please note: CSW cannot create
exigency by waiting until the “last minute” to
seek a removal order. As soon as a
determination is made that the child should be
removed, CSW must begin warrant process (e.g.:
can’t wait until child being released from hospital to find exigency, if CSW
determines removal is going to be necessary, CSW should immediately
begin warrant process).

42. 4242
Specific & Reliable
Evidence Is Required
A CSW can only rely on
 “specific and articulable evidence”
when determining if there are exigent
circumstances to act without a Warrant/Order.
OF PARTICULAR IMPORTANCE IS
THE RELIABILITY OF THE EVIDENCE.

43. 4343
Anonymous Callers:
Corroboration Required
 Information from an anonymous caller/unreliable source,
 without corroboration,
 cannot, by itself, constitute exigent circumstances.
In these situations, the CSW must conduct a further
investigation to corroborate that the report of suspected
child abuse or neglect is reliable to support a finding of
exigent circumstances.

44. 4444
Anonymous Callers:
Corroboration Required
 Information will be considered factual and based upon
personal knowledge if it is so detailed that the
inference can be drawn that the informant must have
personal knowledge.
 Such as, details given regarding:
layout of a residence; acts that took place, etc.
 Unverified statements can be deemed true if:
a substantial portion of the statements have been
verified – such as names of some/all people who
reside in the home, address, description or house.
PRACTICE TIP:
 Did the anonymous source give detailed and specific
information that only a person with personal knowledge
could give?

45. 4545
Anonymous Callers
PRACTICE TIP:
Can CSW independently verify some of the
information provided by a Caller as being true?
 The Caller’s description of the residence, occupants, or
scene can be independently verified, as well as the
address.
 Similar information from 2 untested informants can be
deemed credible.
 Check CACI, CLETS, and WCMIS to confirm names,
addresses, dates of birth, and to look for similar
conduct described by the caller.
 Interview neighbors, relatives, and other witnesses.

46. 4646
WHAT DOES THE CSW
KNOW AT THE TIME?
 Whether circumstances are “exigent” is a
determination that must be made based on all
of the information known at the moment the
CSW decides to act.

47. 4747
CAUTION:
SERIOUS Does Not Always = Exigent
The type of harm to the child does not, by itself, create
exigent circumstances.
EXAMPLE
 A referral alleging the rape of a child, does not
necessarily mean that there are exigent circumstances
justifying the removal of a child or the siblings.
 If there is time to get a warrant before the child or siblings will
be harmed, the risk of the harm cannot be deemed immediate
or imminent, despite the type of allegation.
* See Mabe v. San Bernardino County, Dept. of Public Social Services (2001) 237 F.3d 1101

48. 4848
Remember: Imminent Risk
Means Take Immediate Action!
 If CSW determines there
IS an immediate threat
of serious physical injury,
 Take action immediately.
 Do not leave and go
back at a later date!!
 If the CSW has questions,
consult with SCSW from
the location via cell phone.
 If No immediate threat
of serious physical
injury,
 CSW must either have:
 Consent or
 Go to Court to get a
Warrant or Order.

49. 4949
DELAYS NEGATE CLAIMS OF
IMMEDIATE HARM
Any delay in response time may weaken a claim of
exigent circumstances
Unless:
 Newly discovered information creates NEW exigent
circumstances.
Delays include waiting to act until a TDM is conducted
or after a Safety Plan has been implemented.
Another way to think about this is:
Imminent Circumstances require an Immediate
Response.

50. 5050
DELAYS NEGATE CLAIMS
OF IMMEDIATE HARM
EXAMPLE:
 A CSW receives a 5-Day referral:
 Even if the CSW believes the child is at risk of
immediate harm when reviewing the referral, the
 Initial decision to delay the investigation for 5 days,
 May necessitate that the CSW get a Warrant to enter
the home
 If the CSW is refused entry when first responding to the
referral on the 5th
day,
 Unless new facts and/or circumstances support a
finding of exigent circumstances on the 5th
day.
 Child’s cries of pain from within, etc.

51. 5151
Remember:
Removal Based Upon EXIGENCY: ASK
 1. “Do I believe that this CHILD is described by WIC § 300?
 2. “Do I believe this CHILD is:
 at risk of serious physical harm or sexual abuse,
 in need of medical care for a serious medical condition, or,
 in an environment that poses a threat to their health or safety?”
 3. “Do I need to act immediately because I believe the Child
will be seriously physically harmed in the time it would take
me to prepare, obtain, and execute a warrant/court order,
which could take 3-6 hours depending upon the
circumstances?”
* If the answer is YES to all three questions,
then EXIGENT CIRCUMSTANCES likely exist.

52. 5252
DOCUMENTATION IS KEY
A CSW must always be sure to detail in the
Contacts on CWS/CMS the basis for any actions.
Document! Document! Document!
 Was Consent given?
 If so, how?
 If not, were there Exigent Circumstances?
 Describe in detail.
 Did the CSW obtain a Court Order?
 Be prepared to document that, too.

53. 535353
“HOSPITAL HOLD” = A Removal
A CSW detains a child from a Parent/Guardian’s custody
whenever:
1. CSW places a hospital hold on a child,
2. CSW asks the hospital to delay or prevent a Child’s release from the
hospital so that the CSW can do any of the following:
 Interview child/parent/guardian; and/or limit visits with a child; and/or take a
child into protective custody before child is released from the hospital.
LEGAL REQUIREMENTS:
In order to place a hold on a child in the hospital the CSW must
have:
 Consent,
 Exigency, or
 Warrant/Court Order
See DCFS Policy 0300-303.06/Hospital Holds

54. Hospital Holds and “Pos Tox”
Babies
 An infant prenatally exposed to drugs and/or alcohol should
trigger a risk assessment
 Do not automatically place a hospital hold on the infant
 If, after conducting the risk assessment, it is determined that the
infant should be detained from the parents, the CSW may only
place a hospital hold if there is
 A removal order or
 Consent or
 Exigent circumstances
 Not every drug exposed infant is at immediate risk of harm just
because the infant and/or mother tested positive for illicit dugs
 Check for other factors indicating immediate risk
 The demeanor or actions of the parents at the hospital
 Threats made by the parents or relatives

55. 55
Samantha
Facts:
 Baby Samantha was born on
12/9/2012.
 Parents were homeless and unable
to provide care for Samantha.
 Mother has a 10 year history of using
Meth, relapsing most recently less
than one year ago.
 Mother has been involved with DCFS
for 5 years and has failed to reunify
with her two other children.
 Mother has been in an ongoing
domestic violence relationship with
father.
 A VFR was signed with the parents;
Samantha was placed with her
MGP’s. Parents agreed to random
testing, DV counseling, parenting and
FP services.
 Mother has recently missed 4 tests
since12/2012; she recently tested
positive for Meth.
 Father has not been testing or
participating in any services.
 The MGP’s report the parents fight
when they visit Samantha and they
have ended visits early on 3
occasions.
 Mother and father were involved in a
physical altercation yesterday and
mother sustained injuries; the police
were called. Mother has moved out
and is living with a friend; she said
she moved out because she wants to
reunify with Samantha.

56. 56
What would you do if this was your case?
Reminder:
If you decide to take the child into protective custody, the rule is DCFS must have a court order to
remove unless there is an exception.
• Is there consent to remove?
• Is there exigency?

57. 57
Apply the Exigency Analysis to
Samantha’s Case:
 1. “Do I believe that this CHILD is described by WIC 300?
 2. “Do I believe this CHILD is:
 at risk of serious physical harm or sexual abuse,
 in need of medical care for a serious medical condition,
or,
 in an environment that poses a threat to Child’s health or
safety?”
 3. “Do I need to act immediately because I believe the Child
will be seriously physically harmed in the time it would take
me to prepare, obtain, and execute a warrant/court order,
which could take 3-6 hours depending upon the
circumstances?”
 If the answer is YES to all three questions, then
EXIGENT CIRCUMSTANCES likely exist.

58. SCHOOL INTERVIEWS
(See DCFS Policy 0070-506.11)

59. 5959
SCHOOL INTERVIEWS
California Statutory Law
NO WARRANT OR COURT ORDER REQUIRED
Penal Code § 11174.3 authorizes a CSW to interview
a child at school for an abuse or neglect
investigation
 During school hours
 On school premises, and
 At the child’s option:
 in private, or with a school employee selected by
the child to be present to lend support.

60. 606060
SCHOOL INTERVIEWS
Federal Case Law
Ninth Circuit Court of Appeals
 Although California statutory law specifically
authorizes a CSW to do a School Interview
without exigency, consent, or a court order,
 in 2009, the Court in the 9th Circuit case of
Green v. Camreta said that every school
interview requires:
 Consent,
 Exigency, or a
 Warrant/Court Order

61. 61
SCHOOL INTERVIEWS
Federal Case Law
United States Supreme Court
The US Supreme Court vacated that portion of the
9th Circuit’s opinion in Green v. Camreta, which
stated
 CSWs and officers must obtain a warrant to interview at
school when they don’t have parental consent or
exigency.
 However, vacating that portion of the 9th Circuit opinion
does not mean that the Supreme Court found the 9th
Circuit was wrong -- it just means that part of the 9th
Circuit’s ruling is not in effect anymore.
 It also means we now have a good idea about how the 9th
Circuit will rule in similar cases in the future.

62. What This Means for CSWs Who
Want to Conduct School Interviews
During DCFS Investigations ?
 CSWs should follow the most current DCFS Policy
(0070-506.11 and 0070-570.10) regarding obtaining
court orders to interview at school.
 Summary:
 Get consent from Parent/Guardian or child over 12, when safe and
appropriate to do so; or
 Consider whether you have exigency to conduct the interview; or
 Conduct a short interview (under 30 minutes) of the child when
appropriate; or
 Obtain court order.
 Consult with your SCSW and/or the Warrant Desk if
you have questions.

63. 63
School Interviews:
PRACTICE TIPS regarding CONSENT
IS IT SAFE/APPROPRIATE TO GET CONSENT? – review
DCFS policy to determine.
 Obtain Consent to interview at school from
 a Non-offending Parent/Guardian; or
 A Child, if 12 yrs. or older and competent
 Try to get consent to interview away from the school
(at the home or other location that a parent/legal
guardian agrees to) because Green only applies to
interviews at school.
IF NOT, DO YOU HAVE EXIGENCY TO INTERVIEW?

64. School Interviews:
PRACTICE TIPS regarding EXIGENCY
IF NO CONSENT, DO YOU HAVE EXIGENCY?
CONDUCT YOUR 2-STEP ANALYSIS
 FIRST: Do the allegations contain the type of harm/risk
that a CSW may act upon without a court order?
 SECOND: If it is the type of harm/risk a CSW may act
upon without a court order, is that harm or risk to the
child determined to be “immediate?”
IF NOT, CONSIDER CONDUCTING A
BRIEF INTERVIEW

65. School Interviews : PRACTICE TIPS
Brief Interview
IF NO CONSENT OR EXIGENCY, TRY TO CONDUCT A BRIEF
INTERVIEW WITH THE CHILD AT SCHOOL:
 Limit the interview to under 30 minutes
 No interviews without an order/consent if law enforcement is
present at the school, and/or actively investigating the referral*
 Child must understand that the interview is voluntary
IF NO CONSENT OR EXIGENCY, AND A BRIEF INTERVIEW ISN’T
POSSIBLE— GET A COURT ORDER.
• * “Active Investigation” means the activities of an agency in response to a report of
known or suspected child abuse. Activities of an agency include the following:
assessing the nature and seriousness of the known or suspected abuse; conducting
interviews of the victim(s) and any known suspect(s) and witness(es) when
appropriate and/or available; gathering and preserving evidence; determining whether
the incident is substantiated, inconclusive, or unfounded; and preparing a report that
will be retained in the files of the investigating agency.

66. SDM Safety Plans

67. SDM Safety Plans
During a child abuse investigation
 Mutually agreed upon voluntary plan to ensure child
safety during the investigation
 There are reasonable grounds to believe the child
was abused when the plan is entered into
 Child remains in the family home and the offending
parent/guardian agrees to leave for a short period of time
(no longer than 7 days) or
 Parents/guardians agree to have the child temporarily (no
longer than 7 days) stay with a relative or family friend or
 Parents/guardians agree to have the offending parent or
guardian forgo unsupervised visitation and contact (no
longer than 7 days)
 Procedural Guide 0070-548.25

68. SDM Safety Plans are
Voluntary
 Safety Plans Are Voluntary
 Parents and legal guardians should be told
 the SDM safety plan agreement is voluntary, and
 if they do not agree to the SDM safety plan, they are free to
reject the SDM safety plan.
 They should also be told that their failure to agree to the
SDM safety plan or to carry out the plan may
 result in a reassessment of child safety and continuing to
have the child remain in the home, and
 a possible referral to the juvenile court to open a case or
DCFS may try and obtain a warrant/removal order to
remove the child from the family home.

69. Parents are Free to Rescind at
Anytime
 Because SDM safety plans are voluntary
 The parents or guardians are free to rescind the
agreement and either
 Return to the family home or
 Have the child returned or
 Resume visitation
 As soon as possible
 After rescission (or violation of the plan)
 There is no waiting period
 The CSW must do another assessment for child
safety which includes an assessment for removal
 However, no removal should take place without either
consent, exigent circumstances or a removal order

70. Do not Force Parent or Guardian
to Agree to a SDM Safety Plan
 Do not Force a Parent or Guardian to Agree to a SDM safety Plan
 If a parent or legal guardian is unwilling to agree to a SDM Safety Plan,
 under no circumstances are CSWs permitted to use the threat of removing
the children to get the parent or legal guardian to agree.
 A CSW must not threaten the parent
 the CSW can not say that, if the parent or legal guardian refuses to agree to
the SDM safety plan, the CSW will remove their child from the home.
 If a parent or guardian writes on the SDM safety plan or states that they are
signing the plan under duress, or coercion, or that they do not agree, this is
not a valid SDM safety plan.
 Nor must the CSW state that he/she will ”get” a warrant/removal order to
remove the child from the family home"
 that raises an implication that the obtaining of a warrant is forgone conclusion.

71. Who Must Agree to the Safety
Plan?
All of the parents who have contact with the child must
agree to the terms of the safety plan
 If the SDM safety plan asks for
 the child to leave the home, or
 the offending parent or guardian leave the home, or
 have the offending parent or guardian forgo unsupervised
visitation and contact
 it is important to have all of the parents or legal guardians
agree to the SDM safety plan.

72. Visual Inspections,
Medical Exams & Remedial
Treatment

73. 7373
Visual Inspections,
Medical Exams & Remedial Treatment
 An investigation may require a CSW to:
 Conduct a physical inspection of a child, and/or
 Obtain an investigatory/evidentiary medical
examination by a doctor or other expert to help
determine if abuse or neglect occurred.
 Remedial medical treatment may also be necessary for
child(ren) in DCFS care upon detention:
 Remedial, follow-up, and necessary medical treatment upon
physical detention and before the detention hearing

74. Visual Inspections,
Medical Exams & Remedial Treatment
REMEMBER: The same rule applies to visual inspections, investigative
exams, and remedial medical treatment.
The CSW must have:
 CONSENT,
 EXIGENCY, or
 WARRANT/COURT ORDER
before conducting a visual body inspection, and/or
referring the child for an exam and/or remedial
treatment.
 EXCEPTIONEXCEPTION – initial medical and mental health screenings for newly detained children

75. 7575
MEDICAL EXAMS & TREATMENT
Are Prohibited Unless There Is:
 Parental Consent;
 Consent by Child age 12 or Older,
applicable only to sexual abuse exams and mental health
treatment;
 (Family Code §§ 6920 to 6929)
 Warrant/Court Order for
 Search Warrant for Investigatory/Evidentiary Medical or Sexual
Abuse Exam; or
 Order for Remedial Medical/Dental Treatment
 Exigent Circumstances which demonstrate:
 (a) medical emergency (urgent problem requiring immediate
attention); or
 (b) examination is necessary to preserve evidence (e.g., sexual
assault occurring within the previous 72 hours).

76. 76
Limited Screenings for Newly
Detained Children
 DCFS may authorize, and health care providers may perform,
an initial medical/mental health screen of newly detained
children, under the following conditions:
 The screen will be minimally intrusive and narrowly tailored/limited
in scope without infringing on the rights of the child and his/her
parent/guardian(s).
 Make an attempt to obtain parental consent prior to referring the
child for the screening.
 Purpose:
 to ensure a child's physical and psychological health pending the
initial detention hearing, and to reduce the risk of exposure to
communicable diseases by those who come into contact with
these children during this time frame.
See DCFS Policy 0600-500.00/Utilization of Medical HUBs

77. 77
Scope of Limited Screenings
for Newly Detained Children:
 Initial Medical Screening May Include:
 Visual inspection of clothed child; only minor clothing re-adjustment is
permissible;
 An examination of the child's temperature, height, weight, pulse, blood
pressure, appearance, gait, head and neck, lymph nodes, chest, abdomen;
 A preliminary dental and visual acuity screening, and a gross hearing test;
 Fetal Alcohol Syndrome screen;
 An evaluation for urgent medical conditions, to include:
 infections and communicable diseases
 preexisting medical conditions requiring monitoring and/or medications
 Initial Medical Screening Should NOT Include:
 Removal of clothing, including but not limited to genital inspection; invasive
laboratory testing; imaging studies; photographing of the child, or any routine
follow-up medical care that is not within the scope of a medical screen
 A court order will be required to conduct a more thorough invasive
examination.

78. 78
Results of Limited Screenings
for Newly Detained Children:
 Once a screening is conducted, any determination that further medical care
or mental health treatment is necessary must be addressed accordingly:
 In non-emergent situations where the health care provider believes that:
 Remedial medical care or mental health treatment is needed before the initial
detention hearing because treatment CANNOT be safely delayed until the
child's case comes before the court (within three to five days), and consent
from the parent is lacking,
 DCFS may seek an pre-detention hearing order authorizing the further care.
 Remedial medical care or mental health treatment may wait until after the
initial detention hearing as such care/treatment can safely be delayed until
the child's case comes before the court (within three to five days),
 DCFS may ask for an order authorizing the recommended treatment at the initial
detention hearing.
 In emergency situations, medical care will be provided without a court
order, in accordance with State and federal law.
- See DCFS Policy 0600-501.10/Medical Consent

79. 79
Remedial/Follow-up Care Prior
to the Detention Hearing:
 If the limited screening results in a recommendation for further
 Treatment, laboratory testing (including x-rays), diagnostic
testing, unclothed physical exam, administration of medication,
surgical diagnosis/treatment, or dental care (including x-rays);
and
 The above treatment is recommended or necessary before the
initial detention hearing (which can be 3-5 days away); and
 Waiting for the initial detention hearing would not be advisable in
accordance with sound medical, dental or mental health practice.
 The CSW may apply for an ex-parte order for medical or dental
care through the Warrant Desk and prior to the initial detention
hearing. (See WIC 369(a))

80. 80
Exception: Emergency Medical
Care Prior to Detention Hearing
 DCFS may authorize emergency medical, surgical, or
dental care without the need of a court order, so long
as:
 The child is otherwise under the care, custody or control of
DCFS via temporary custody (WIC § 369(a) [child
detained]), a WIC § 300 petition has been filed (WIC §
369(b)), or current dependency (WIC § 369(c))
 It made a reasonable effort to locate the parent (WIC §
369(d))
 Must be a true emergency – immediate diagnosis and
treatment which, if not performed, would lead to
serious death or disability; or immediate treatment for
the alleviation of severe pain
 (See also Business and Professions Code § 2397.)

81. 81
Exception – Exam or Treatment of
Victims of Sexual Assault or Rape
 If the child is
 a victim of sexual assault (any age); or
 a victim of rape and is age 12 or older
 The child may consent to an exam and/or
treatment.
 Consent of the parent for the child is not needed.
(See Family Code §§ 6927 & 6928; Penal Code § 13823.11.)

82. 828282
MEDICAL EXAMS & TREATMENT:
Parent’s Right To Be Present
Absent consent, a CSW cannot exclude a parent from
the examination room or entirely from the medical facility
unless:
 there is some “valid reason” for exclusion, or
 an emergency requiring immediate medical attention.
 CSW should consult with their SCSW
 If CSW believes there is a valid reason,
 such as the Child is requesting it;
 or the Parent/Guardian is exhibiting behavior at the medical facility
indicating s/he will likely disrupt the exam
 And wants to exclude the Parent/Guardian.

83. Warrant/Removal
Order
Process and
Procedures

84. 84
The Warrant Desk, Warrant Liaisons,
and Warrant Consult
 There is a warrant consulting process with
the DCFS CSWs/SCSWs/ARAs and warrant
liaisons utilizing the Warrant Tracking
System.
 The Warrant Tracking System is a web-
based system that tracks the status of
warrant applications from the time of the
warrant application’s initial submission
through warrant application closure.

85. 8585
Where to Begin the Consultation Process
 Complete your assessment of the
situation.
 If you determine that further investigation
is needed and you want a search warrant
or school interview order or a warrant for a
forensic examination, consult with the
SCSW.
-If a warrant or school interview order is
deemed appropriate, and you are ready to
proceed with requesting a search warrant or
school interview order or a warrant for a
forensic examination, create a Warrant
Consultation Request in CWS/CMS.

86. 86
Where to Begin the Consultation
Process - Continued
 If you determine that detention is necessary to ensure the safety
of the child and you do not have consent or exigent
circumstances to remove the child, consult with the SCSW.
-If a removal order is deemed appropriate, and you are ready to
proceed with requesting a removal order, create a Warrant Consultation
Request in CWS/CMS.
 If a medical or mental health screen results in a determination
that additional treatment is necessary, and consent has not been
obtained after a child has been detained but before the detention
hearing is held, you will need to seek a Remedial Care Order
through the warrant desk.
-The health care provider will complete a simple form to outline any
recommended treatment and the advisable timeframe in which to provide
the treatment.

87. 87
Where to Begin the Consultation Process -
Continued
 For all order/warrant types, except Remedial Medical Care Orders,
create a Warrant Consultation Request in CWS/CMS, under LA
County Forms. You must provide a contact number and identify the
type of warrant you are requesting.
 Liaisons may answer questions re: what type of warrant/order may be best for
your case.
 The Warrant Consultation Request will be electronically submitted to
the Warrant Tracking System, which is monitored by the warrant desk
liaisons. Please ensure that all case information is accurate on
CWS/CMS prior to submitting a Warrant Consultation Request.
Inaccurate child and family information may result in a delay in
processing the warrant.
 If you are unable to create a Warrant Consultation Request in
CWS/CMS, and the child has already been detained and you are
seeking an order for Remedial Medical Care, please contact the
Warrant Desk at (323) 881-1303 or (213) 639-4500 (after hours,
holidays and weekends).

88. 8888
WARRANT DESK
CONTACT INFORMATION
Monday-Friday 8:00 am- 5:00 pm
IDC Warrant Desk 323.881.1303
After 5:00pm, Holidays & Weekends
ERCP Warrant Desk 213.639.4500
Also: the CSW, SCSW and ARA may log into the Automated
Warrant Tracking system at any time to check the status of the
Warrant Consultation.
The Automated Warrant Tracking System is located at
http://dcfsaspnet/warrant/Logon.aspx.

89. 89
Warrant Liaison Response To Consultation
Requests for Warrants/Removal Orders
 After you generate the consult in CWS/CMS, a Warrant Liaison will
call you at your provided telephone number to complete the Warrant
Consultation.
 You should have all relevant case information available, including
but not limited to:
 Details of your current investigation (parents/guardians, children, referral
allegations, interviews, etc.)
 Compliance with prior/current voluntary and/or juvenile court services
 Reasonable efforts to prevent removal or basis to forgo such efforts
 Special requests, such as night service (a warrant may not be served between
10pm and 7am unless specifically requested in the warrant application and
approved by the judge) or an investigative forensic medical/sexual abuse
examination along with a removal order request
 The removal order judicial review time frame - whether DCFS will request that the
removal order will be reviewed by a judge on an expedited basis, regular basis, or
after-hours basis

90. 90
Removal Order Judicial
Review Time Frames
 DCFS must determine how quickly you would like a court ruling on the request.
 The juvenile court has developed three types of review periods depending on
the urgency of the case. The review periods are as follows:
1. Regular – Court will rule on the request by 5:00 pm the day after the request
is filed with the court. (Most requests are submitted for regular review.)
2. Expedited – CSW has good cause to request a ruling the same day the
request is submitted, and intends to serve the removal order (or at least
make one attempt) the same day it is granted.
 Examples: hospital hold needed to protect child; visitation exchanges will take place
before a regular removal order can be ruled upon; parent or child will soon be released
or discharged from custody or hospital; offending parent will be returning to the home
soon; weekend/holiday visitation exchange must be stopped.
3. After hours – DCFS is requesting a ruling on the removal order on a
weekend, holiday, or during non-court hours.
 Examples: same as expedited and the matter cannot wait until 4:00 pm of the next
available court day for a ruling.

91. 91
Expedited Review Requests
 It should be noted that if a CSW gives a reason for expedited review
that the court believes to be far reaching or exaggerated, the CSW
and SCSW may be asked to come to court to explain his/her
reasons for making the request for expedited ruling.
 Examples of insufficient reasons for expedited review are:
-CSW is going on vacation or has an RDO. The
reason this is not sufficient is because any CSW or SCSW
may serve the removal order;
-a TDM is scheduled. However, this may be sufficient if the
TDM is the only time CSW is going to be able to locate the
child(ren) or serve the removal order.

92. 9292
REQUESTS TO ENTER A HOME or
INTERVIEW CHILD AT SCHOOL –
“PROBABLE CAUSE”
TO OBTAIN A COURT ORDER, CSW WILL HAVE TO
PROVIDE EVIDENCE TO
THE COURT THAT IS SUFFICIENT TO ESTABLISH
A “FAIR PROBABILITY” THAT:
Child is now located or resides at the home to be
searched (for search warrant); AND
Evidence of child abuse and neglect will be found (for
search warrant and school interview).

93. 939393
Fair Probability
 Is more than a hunch
 Less than an absolute certainty

94. 949494
REQUESTS TO REMOVE A CHILD
“PROBABLE CAUSE”
CSW WILL HAVE TO PROVIDE FACTS SUFFICIENT
TO ESTABLISH A “FAIR PROBABILITY” THAT:
 Child is now located or resides at the home to be searched;
 Is described within WIC 300;
 Should be temporarily removed due to one or more of the
following
 Child requires immediate medical care.
 Child is in danger of physical or sexual abuse.
 Child’s physical environment poses a threat to the child’s health
or safety.
 Child is suffering severe emotional abuse.
 Child has no parent, guardian, or responsible relative; or that
person is not willing to provide care.
 AND there are no reasonable means Child can be
protected without removal.

95. 9595
Statement Of Cause
MUST Include
1. Background and Experience of CSW.
2. Summary Statement of Concern and Relief Sought.
ALSO: Why this level of intrusion is appropriate.
■ FOR REMOVAL ORDER REQUESTS:
■ CSW must state what Reasonable Services
were provided or considered.
3. Prior History: if any, as is relevant to the current investigation.
4. Statement of Investigation:
Who, What, When, Where, Why, How.
5. Description of the Children to be removed.
6. Description of the Residence where the Children are located.
7. Conclusion.

96. 969696
Statement of Cause
EVIDENCE MUST BE SPECIFIC
 A Conclusory Statement Alone Will Not Justify A
Warrant Or Court Order:
 Statements like:
 “Child was molested;" “Home is dirty;” or
“He uses drugs,“
 without more, will not support a request for a warrant
or other court order.
 There must be specific facts to support the conclusions.
This shows that the witness/informant has personal
knowledge and is reliable and/or credible.

97. 979797
Statement of Cause
Practice Tips:
HEARSAY:
 Statement Of Cause can be based upon hearsay,
if information relied upon from a hearsay informant:
 can be shown to be credible
 factual and/or detailed, not conclusory
 and the informant is reliable
 police, citizen informant, witness, tested [past reliable]
informant.

98. Remedial Medical Care or Mental
Health Treatment Application Process
 Once a CSW, upon consultation with the health care
provider and an SCSW, makes a determination that
remedial care should be sought
 The CSW should make reasonable efforts to notify the parent,
guardian or other appropriate person.
 If the parent, guardian or other appropriate person consents, such
consent should be noted in the case file
 If the parent or guardian is unwilling or unable to consent, the CSW,
with the assistance of a warrant liaison and County Counsel, will
complete an application packet for a court order authorizing the
requested remedial care/treatment.
 The parent/s lack of consent such should be noted in the case file and on
the application for a court order.

99. Remedial Medical Care or Mental
Health Treatment Application Process
 An application packet will consist of:
 An application for medical, mental health, or dental care
completed and signed by the CSW; and
 A “Recommendation of Physical for Medical, Mental Health,
Surgical, Dental or Other Remedial Care” completed by the
health care provider who examined the minor
-The form will indicate, among other things, the scope of the treatment
requested, the time frame in which it should be provided, and the medical
ramifications if the recommended care is not provided in the time frame
prescribed.
-Contact information should be included in the even that the hearing officer
requires further information.
 No application will be considered complete without an attached
recommendation from a health care provider.

100. 100100
SERVICE OF THE ORDER
SEARCH WARRANTS
CAN ONLY BE SERVED BY LAW ENFORCEMENT
 Must be served by officers within 10 Calendar Days.
 Is only good for 1 attempt—then need another warrant!
 Can only be served between 7 a.m. to 10 p.m.,
 Unless Judge authorized a “Night Time Warrant.”
CSW Must:
 Call Watch Commander Before Going To Station
 Bring a minimum of 4 Copies of the Warrant Order
 Also bring the Original Signed Warrant Order
 Note: CSW’s Statement of Cause Affidavit is not served, but
will be provided to parties at the detention hearing.

101. 101101
SERVICE OF THE ORDER
OTHER COURT ORDERS
CAN BE SERVED BY: ANY CSW/SCSW OR Law Enforcement
 School Interview Order
 Medical Exam Order
 Removal Order for Child
REMOVAL ORDERS:
• Good for multiple service attempts within 10 Calendar Days of date
issued.
• Can only be served between 7 a.m. to 10 p.m., unless Judge authorized
a “Night Time Warrant.”
• Parent/Guardian is served with only the granted warrant, not the CSW’s
Statement of Cause Affidavit/Declaration. However, all parties get a copy
of the SOC/declaration at the Court detention hearing.

102. 102102102
Alternative Practices:
Gaining Access to the Child
Alternatives:
 USE EXISTING COURT ORDERS:
■ Check Minute Orders to see if there are any existing
court orders that permit the CSW to have access to
the home or the children.
■ Consult with the warrant desk or trial county counsel
before proceeding based upon a minute order.
 CONTACT LAW ENFORCEMENT:
■ To discuss assistance where a parent is on
probation/parole with a search condition.
■ To conduct Conjoint Investigations.

103. 103103103
THE END