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JV-214-INFO
Instructions for Requesting a Hearing to Review Waiver of
Presumptive Transfer of Specialty Mental Health Services
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What is presumptive transfer?
Most foster children are eligible for specialty mental
health services, such as therapy to address emotional,
behavioral, and developmental problems. When a
child is removed from his or her parent’s or
guardian’s home, the county where the child lived
(the “home county” or “county of original
jurisdiction”) is responsible for arranging, paying for,
and providing these services. When a child or
nonminor is placed outside his or her home county,
the responsibility for providing these services must
transfer to the county where the child lives, unless
certain exceptions apply. This process is called
“presumptive transfer.” The purpose of presumptive
transfer is to ensure that foster children who are
placed outside of their home county receive access to
these services without delay, based on their
individual strengths and needs.
What are the exceptions to the
presumptive transfer of responsibility of
specialty mental health services?
There are four exceptions to presumptive transfer:
a. The transfer would disrupt the continuity of care
or delay access to services for the child or
nonminor. In other words, the services would be
interrupted or delayed in some way by the
presumptive transfer.
b. The transfer would interfere with family
reunification efforts documented in the individual
case plan.
c. The placement in a county other than the home
county is expected to last less than six months.
d. The child’s or nonminor’s residence is within 30
minutes of travel time to his or her established
specialty mental health care provider in the home
county.
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How does the presumptive transfer
process begin?
When a decision is made to place the child or
nonminor outside the home county, the social worker
or probation officer must inform certain individuals
of the presumptive transfer requirements and a
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description of exceptions, the option to request a
waiver of presumptive transfer if an exception exists,
and the way to make such a request to the placing
agency. These individuals include:
• the child or nonminor,
• the attorney for the child or nonminor,
• and the person or agency responsible for making
mental health care decisions on behalf of the child
or nonminor (the parent or guardian, unless the
court has made an order appointing someone else).
Requesting a waiver of presumptive
transfer
You may believe it would better if the child’s or
nonminor’s home county remained responsible for
his or her mental health services. Maybe you think so
because the child or nonminor would lose an
important relationship with a service provider, or
reunification efforts would be affected. The child or
nonminor, his or her attorney, and the person or
agency responsible for making mental health care
decisions on behalf of the child or nonminor can
request that the placing agency consider waiving
presumptive transfer based on an exception listed
in , keeping the responsibility for mental health
services in the home county.
The placing agency must inform the person or
agency who requested the waiver and any party to
the case of its decision on the request for waiver of
presumptive transfer. The person who requested the
waiver and any party to the case can ask the court to
review the placing agency’s decision.
If you are entitled to request a waiver of presumptive
transfer, the social worker or probation officer should
inform you how and when a request for waiver must
be made.
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How is a decision on a request for waiver
made?
The social worker or probation officer will decide
whether there is an exception to presumptive transfer.
This decision must be communicated in writing or
orally to the individual who requested waiver of
presumptive transfer, along with all parties to the
case.
Judicial Council of California, www.courts.ca.gov
New September 1, 2018, Optional Form
Welfare and Institutions Code, § 14717.1
Instructions for Requesting a Hearing to Review
Waiver of Presumptive Transfer of
Specialty Mental Health Services
JV-214-INFO, Page 1 of 2
JV-214-INFO
Instructions for Requesting a Hearing to Review Waiver of
Presumptive Transfer of Specialty Mental Health Services
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explain to the judge why you believe it is in the
child’s or nonminor’s best interests to keep the
responsibility for mental health treatment in the
home county or to move it to the new county of
residence.
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How do I request a hearing?
The person who requested the waiver or any other
party to the case may request a court hearing to
review the placing agency’s decision on the waiver
request. To request a hearing, you must file a request
for hearing on form JV-214 with the clerk in the
superior court where the child’s or nonminor’s case
is being heard. This request must be filed within
seven court days of the social workers or probation
officers telling you of the decision on the request for
waiver.
On form JV-214, you will need to explain to the
court why it would be better for the child or
nonminor to have the home county maintain
responsibility for mental health treatment, or to have
that responsibility moved to the new county of
residence. The person requesting a hearing also must
inform the placing agency that they are requesting a
hearing. To do so, give a copy of form JV-214 to the
social worker or probation officer within seven days
of being informed of the placing agency’s decision
on the request for the waiver of presumptive transfer.
What happens before and during the
hearing?
The court will read the request for a hearing and
decide whether to grant a hearing based on the
information provided on form JV-214. If no hearing
is granted, the placing agency’s decision will become
final. If a hearing is granted, presumptive transfer
will be on hold until the court makes a ruling on the
request for a waiver. Services to the child or
nonminor will continue to be provided by the child's
or nonminor's home county until the court either
denies the request for a hearing, or makes a ruling at
the hearing that presumptive transfer should or
should not occur. If no hearing is granted, the placing
agency's determination on the request for waiver will
be final.
If a hearing is granted, the clerk of the court will
contact you by phone or letter informing you of the
hearing time, date, and location.
At the hearing, the judge will want to know why
presumptive transfer should or should not be waived.
The court will make its decision based on the best
interests of the child or nonminor. Be prepared to
New September 1, 2018
JV-214-INFO, Page 2 of 2
Instructions for Requesting a Hearing to Review
Waiver of Presumptive Transfer of
Specialty Mental Health Services
