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F O R Y O U R I N F O R M A T I O N
THE CALABRETTA DECISION
AND THE NEED FOR SEARCH WARRANTS
This release is to inform staff of a recent Federal Court of Appeals decision, Calabretta v. Floyd, et al (“Calabretta”), and how this decision impacts child abuse investigation by DCFS.
In Yolo County, parents, the Calabrettas, sued a social worker and police officer in Federal court, claiming that the social worker and police officer entered their home unlawfully in their efforts to investigate a child abuse referral. The defendants contended that a social worker was not required to obtain a search warrant prior to investigating child abuse in a child’s home.
The United States Court of Appeals, Ninth Circuit, in Calabretta v. Floyd, et al, (August, 1999) found in the Calabrettas’ favor. It held that if a parent refuses to allow a social worker into the child’s home to investigate child abuse, the social worker must get a search warrant unless there are “exigent circumstances.”
Therefore, in the course of assessing child safety in the home of a parent or legal guardian and pending the release of Procedural Guides, CSWs shall adhere to the following guidelines:
  1. If consent for a CSW to enter a child’s home is given by the parent/legal guardian, no search warrant is needed to enter the home. The CSW shall proceed with the investigation using standard ER procedures and guidelines.
  1. If consent for the CSW to enter the home is NOT given by the parent/legal guardian and there are “exigent circumstances,” no search warrant is needed to enter the home. Exigent circumstances are those which indicate an emergency situation in which there is a threat to life or limb, evidence may be destroyed, or a person may flee. If the CSW determines there is a threat to life or limb, (s)he shall call 911 and notify the SCSW. If the CSW determines there may be destruction of evidence or there is concern that the family/child may flee, the CSW shall call local law enforcement and also notify his or her SCSW.
  1. If consent for the CSW to enter the home is NOT given by the parent/legal guardian and there are NO exigent circumstances, a search warrant is necessary to enter the home. During regular business hours, the CSW shall contact his or her SCSW or the Duty SCSW. The SCSW shall consult with the ARA, who shall determine if a search warrant shall be sought. If so, the CSW shall call IDC at (323) 526-6757 for assistance in obtaining a search warrant. The IDC CSW shall consult with County Counsel. If County Counsel advises a search warrant be sought, IDC will complete the necessary documents needed to obtain the search warrant and provide guidance to the case-carrying CSW on serving the warrant.

  1. If the situation described in #3, above, exists after hours/weekends/holidays, a regional CSW shall call an ERCP SCSW at (213) 639-4500. An ERCP CSW shall call his or her own ERCP SCSW. The ERCP SCSW shall consult with the ERCP ARA who will determine if a search warrant shall be sought. If so, the ERCP ARA shall call the designated on-call County Counsel for consultation. If County Counsel advises that a search warrant should be sought, ERCP shall complete the necessary documents needed to obtain the search warrant and provide guidance to the CSW on serving the warrant.
Procedural Guides are being developed to provide staff with additional information about search warrants and will be released shortly.
/ / BES CONTACT:Wendy Jones (213) 351-5738
APPROVED:______
Paul V. Freedlund, Deputy Director