PURPOSE
Formal legal documents are the basis of both the initiation and the termination of Department of Human Services responsibility for the care and custody of the child. It is essential that the proper legal procedures be followed, and documented, so that the judicial proceedings and subsequent actions by the Department of Human Services are not jeopardized.
Prompt and orderly processing of legal documents will promote the identification of possible errors for timely correction.
The Division of Child and Family Services log of legal documents is a prime source of data.
PRACTICE STANDARDS
| 1. | As soon as possible, usually the same day a court action has taken place, the legal document and supporting materials will be routed for legal processing. |
| 2. | All legal documents will be logged by a secretary in the Division of Child and Family Services, and routed to the Assistant Attorney General who reviews them. |
PROCEDURES
| 1. | All legal related materials are routed to the Division of Child and Family Services, Attention: Assistant Attorney General. A secretary in the Division of Child and Family Services will log in the document and route it to the Assistant Attorney General. After review and approval, the Assistant Attorney General returns the documents to the Division of Child and Family Services for logging and return to the region. |
| 2. | Petition (BRDCP-001) or Juvenile Citation: |
| a. | Legal Routing Form (SWSS-014), with top left half completed, and verifications checked, if possible. |
| b. | Petition/citation attached. |
| 3. | Preliminary Protection Order (BRDCP-012): |
| a. | Legal Routing Form (SWSS-014), with entire top half completed, and verifications checked, if possible. |
| b. | Petition with Preliminary Protection Order attached. |
| c. | Consent for Preliminary Protection Order, if any. |
| d. | Religious Preference (SWSS-016). |
| c. | Continued from date to date. |
| 5. | Amendments (see Motions and Amendments to Legal Documents, subsection L). |
Since motions will usually be made by the Assistant Attorney General, when a copy arrives to the worker, the worker will forward a copy of that copy to the Division of Child and Family Services, Attention: Legal Clerk.
| 7. | Dismissals (see Dismissal section): |
| a. | Legal Routing Form (SWSS-014), with rest of information checked or filled in. |
| b. | Final Protection Order. |
| d. | Religious Preference form (SWSS-016). |
Copy of the review order and proofs of service are sent to Division of Child and Family Services, Attention: Legal Secretary.
| 10. | Termination of Parental Rights: |
| a. | Petition for termination of parental rights |
