FYI FYI FYI FYI	

F   O   R       Y   O   U   R       I   N   F   O   R   M   A   T   I   O   N	
	
	Issue	10-78	Date:	12/03/10		

NEW HAGUE NOTICE REQUIREMENTS

This is to inform staff about the new Hague notice requirements.  Per the Hague Convention Treaty, we have a legal obligation to comply with the Hague Convention when a parent resides outside of the United States, even when it is not court ordered for a parent to be noticed per the Hague Convention.  The Hague Convention only applies when you have an address.  Notice under the Hague Service Treaty is required at two types of hearings:

1.	ADJ/DISPO, IF the parent(s) has not made a general appearance.

2.	WIC 366.26 when the recommendation is to terminate parental rights and the parent has not made a general appearance.

The Hague Convention treaty does not apply to service of notice of review hearings, however if there is an address on file, CSWs are to notice by first class mail for review hearings.

Notice to Mexico under the Hague Service Treaty
When ordering Hague notice the court shall set a date 6 months out.  This is necessary to allow for the notices to be generated and sent to the Mexican Central Authority (MCA).  The MCA has informed us that they require a minimum of 4 months to attempt service of the notice.  Therefore, CSWs must complete the following as soon as the hearing is set and Hague notice is required.

•	Prepare proper notice in Spanish and English for that hearing using SNAP or CWS/CMS.

•	Prepare the English USM-94 Form and the Spanish USM-94 using SNAP.  

•	E-mail copies of the notices and USM-94 to Randy Harris at Rharris@counsel.lacounty.gov

			If you have any questions regarding this release please 
	e-mail your question to:

	Policy@dcfs.lacounty.gov  |	
Clerical Handbook: http://lacdcfs.org/Policy/Hndbook%20Clerical/Default.htm 
Eligibility Handbook: http://lacdcfs.org/Policy/Hndbook%20FCE/TableofContents.htm
Child Welfare Services Handbook: http://lacdcfs.org/Policy/Hndbook%20CWS/default.htm
FYI’s: http://lacdcfs.org/Policy/FYI/TOCFYI.htm

When noticing the Central Authority it should be addressed to the parent in the care of the Central Authority. 

*When noticing a parent in Mexico, CSWs are not required to send or translate the court report with the notices.

Once the MCA serves the parent, they are supposed to return the Certificate form.  That form becomes our Proof of Service.  Notice is not complete simply because the USM-94 forms and the notice were received by the MCA (it does not work like a notice to an Indian Tribe where notice is complete after the tribe signs the return receipt).  Notice is only proper after the MCA returns the Certificate.  The Certificate will be sent to the County Counsels assigned to handle Hague Notices and they will forward a copy to the case-carrying CSW and the County Counsel assigned to the case.  When the CSW receives the Certificate from County Counsel, it shall be submitted to court at the next hearing date.   If the MCA has not returned the Certificate after 6 months then according to the Hague Convention notice can be deemed to have occurred.

For assistance with Hague Notices, please contact any of the following County Counsels:

Alyssa Skolnick, (323) 526-6154, e-mail: Askolnick@counsel.lacounty.gov

Lisa Huerta, (323) 526-6211, e-mail: Lhuerta@counsel.lacounty.gov

Guillermo Barragan, (323) 526-6216, e-mail: Gbarragan@counsel.lacounty.gov

Links:
Hague Notice & International Noticing Tips (Revised 12/03/10) 
USM-94, Request for Service Abroad of Judicial or Extrajudicial Documents
USM-94, Request for Service Abroad of Judicial or Extrajudicial Documents (Spanish Version) 
USM-94, Request for Service Asbroad of Judicial or Extrajudicial Documents - Sample -English and Spanish (Revised 12/03/10)