This document outlines Georgia's legal code and DFCS policies regarding the juvenile court process for cases of alleged child dependency. It describes the situations that may require DFCS intervention and filing a dependency petition in juvenile court. It also summarizes the stages of dependency court proceedings, including requirements for preliminary protective hearings, adjudication hearings, case plans, periodic case reviews, permanency plan hearings, and termination of parental rights proceedings. The document provides guidance to social services case managers on preparing for and participating in court hearings.
Revitalizing the Code: Delinquency & Competencybartoncenter
This document summarizes key provisions of Article 6 and 7 of Georgia's juvenile code related to delinquency and competency. The summary includes:
1) Article 6 outlines the purpose, parties, roles of prosecutors/defense attorneys, case timelines, intake process, detention procedures, petition requirements, adjudication process, and disposition options for delinquency cases, including regular and designated felony offenses.
2) Article 7 defines incompetency to proceed and outlines competency evaluation and hearing procedures. If a child is found incompetent, the court may dismiss the case without prejudice or order competency remediation services.
3) Key changes include expanded victims' rights, notice requirements for designated felony releases, and
Dependency and Neglect Proceedings In Juvenile CourtHealth Easy Peasy
This document summarizes Tennessee laws and procedures related to child abuse and neglect referrals and dependency and neglect cases in juvenile court. It outlines who must make a child abuse referral, the process after a referral is made, and key aspects of investigations, custody determinations, permanency planning hearings and more. Key parties in the process are outlined, including the roles of the Department of Children's Services and juvenile court.
Open Juvenile Courts in Georgia - SB 207bartoncenter
This Georgia Child Welfare Legal Academy outlines the changes in the law regarding open v. closed juvenile courts after the passage of Senate Bill 207.
Dependency and Termination of Parental Rightsbartoncenter
The document outlines Georgia law regarding dependency and termination of parental rights proceedings. It discusses the purpose of dependency proceedings which is to protect children's welfare and ensure permanency. It describes the role of the child's attorney and guardian ad litem in advocating for the child's best interests. The document also summarizes procedures for removal, adjudication, case plans, visitation and reasonable efforts to reunify families.
Discretionary Appeals from Juvenile Court - TPR Casesbartoncenter
A 10-year retrospective of the appeals and reversals of termination of parental rights rulings in Georgia presented by Tom C. Rawlings, child advocate attorney and former juvenile court judge. This presentation was given at the Georgia Child Welfare Legal Academy
Deborah Burrus, State Permanency Director, GA Division of Family and Children Services, presents information about legal guardianship and how it differs from adoption.
3.11 termination of parental rights (tpr)screaminc
This document outlines Georgia state policies and requirements regarding the termination of parental rights. It discusses when DFCS is required to file a TPR petition, including if a child has been in foster care for 15 of the last 22 months. It also lists grounds for filing a TPR petition such as parental consent, abandonment, or failure to comply with a case plan. If grounds are established, the court then considers whether TPR is in the child's best interest based on their attachments, wishes, need for permanency and other factors. TPR hearings are held in the county with jurisdiction over the child.
Revitalizing the Code: Delinquency & Competencybartoncenter
This document summarizes key provisions of Article 6 and 7 of Georgia's juvenile code related to delinquency and competency. The summary includes:
1) Article 6 outlines the purpose, parties, roles of prosecutors/defense attorneys, case timelines, intake process, detention procedures, petition requirements, adjudication process, and disposition options for delinquency cases, including regular and designated felony offenses.
2) Article 7 defines incompetency to proceed and outlines competency evaluation and hearing procedures. If a child is found incompetent, the court may dismiss the case without prejudice or order competency remediation services.
3) Key changes include expanded victims' rights, notice requirements for designated felony releases, and
Dependency and Neglect Proceedings In Juvenile CourtHealth Easy Peasy
This document summarizes Tennessee laws and procedures related to child abuse and neglect referrals and dependency and neglect cases in juvenile court. It outlines who must make a child abuse referral, the process after a referral is made, and key aspects of investigations, custody determinations, permanency planning hearings and more. Key parties in the process are outlined, including the roles of the Department of Children's Services and juvenile court.
Open Juvenile Courts in Georgia - SB 207bartoncenter
This Georgia Child Welfare Legal Academy outlines the changes in the law regarding open v. closed juvenile courts after the passage of Senate Bill 207.
Dependency and Termination of Parental Rightsbartoncenter
The document outlines Georgia law regarding dependency and termination of parental rights proceedings. It discusses the purpose of dependency proceedings which is to protect children's welfare and ensure permanency. It describes the role of the child's attorney and guardian ad litem in advocating for the child's best interests. The document also summarizes procedures for removal, adjudication, case plans, visitation and reasonable efforts to reunify families.
Discretionary Appeals from Juvenile Court - TPR Casesbartoncenter
A 10-year retrospective of the appeals and reversals of termination of parental rights rulings in Georgia presented by Tom C. Rawlings, child advocate attorney and former juvenile court judge. This presentation was given at the Georgia Child Welfare Legal Academy
Deborah Burrus, State Permanency Director, GA Division of Family and Children Services, presents information about legal guardianship and how it differs from adoption.
3.11 termination of parental rights (tpr)screaminc
This document outlines Georgia state policies and requirements regarding the termination of parental rights. It discusses when DFCS is required to file a TPR petition, including if a child has been in foster care for 15 of the last 22 months. It also lists grounds for filing a TPR petition such as parental consent, abandonment, or failure to comply with a case plan. If grounds are established, the court then considers whether TPR is in the child's best interest based on their attachments, wishes, need for permanency and other factors. TPR hearings are held in the county with jurisdiction over the child.
Guardianships can provide legal permanency for children in foster care under certain circumstances. They are often seen as more legally durable than custody but more flexible than adoption. Some key issues discussed include the inappropriate use of temporary guardianships to close child welfare cases without providing services, as well as a lack of clear procedures for handling cases transferred from probate to juvenile court. In response, the Division of Family and Children Services implemented a policy prohibiting the pursuit of temporary guardianships during child welfare involvement.
Fc 118 termination packet termination questionnaire and reporting formsscreaminc
1. A case manager is sending a termination packet to a special assistant attorney general to prepare a petition to terminate parental rights for multiple children.
2. The packet includes court orders, case plans, birth certificates, and a termination questionnaire providing details of the parents, grounds for termination, and efforts made to reunite the family.
3. The attorney general will complete the termination petition within 30 days for verification and filing.
Reinstatement of Parental Rights in Georgiabartoncenter
This document summarizes a presentation on reinstating parental rights in Georgia. It discusses different state approaches to reinstatement, including restoration vs reinstatement. It outlines options for parents to petition for reinstatement, such as motions for reconsideration. It also discusses the role of guardians in the process and alternatives to reinstatement for returning children to parents. The document presents arguments for and against reinstatement. Finally, it outlines Georgia's proposed juvenile code governing the reinstatement process.
After public outcry for more oversight and access to juvenile courts, Georgia's legislature passed SB 207 seeking to balance the interests of privacy of children and families involved with Georgia's juvenile courts with the public's interest in transparency and the work of the court.
1. The Division of Family and Children Services is required to review custodial placements of children with relatives, non-relatives, or out-of-state custodians every 12-36 months depending on the custodian.
2. The reviews involve home visits, interviews with the child and custodian, and contacting collaterals. If the custodian cannot be located, diligent efforts to locate them are required.
3. A report is submitted to the juvenile court summarizing whether the custodian remains qualified to care for the child based on the child's safety, well-being and permanency.
This document discusses the reproductive health needs of court-involved youth and the legal authority to provide them care. It notes that pregnancy rates are much higher for youth in foster care than others, and early parenting exacerbates challenges. The law authorizes medical consent for these youth and supports providing education, exams, and contraception. Collaboration between legal and child welfare systems can help address motivations for early pregnancy and improve long-term outcomes.
This document provides an overview of Georgia's CHINS (Children in Need of Services) process and statute. It defines a CHIN as a child adjudicated to need services due to issues like truancy, disobedience, or criminal offenses. The purpose is to acknowledge family issues, encourage participation, provide treatment programs, and ensure agency cooperation. The process involves complaints, petitions, hearings to determine custody and services, and dispositional orders up to 2 years. Key powers for courts include convening agencies, ordering services, referrals, and ongoing monitoring. Developing best practices requires understanding this population, using statutory authority, and adapting current models.
Reinstating Parental Rights Over a Child That Has Lost Permanencybartoncenter
Fact pattern and Georgia statute governing reinstatement of parental rights, standard of proof, factors to consider, gaps in the statute, issues, and persuasive law.
15.6 court jurisdiction cases and other icpc compomentsscreaminc
This document outlines Georgia's Division of Family and Children Services policies regarding the Interstate Compact on the Placement of Children (ICPC). It details procedures for court jurisdiction cases, protective custody services, out-of-state foster home and group home placements, interstate visits, relocation of family units, and returning status offenders to their state of residence. Requirements include using the ICPC for court-ordered placements and services across state lines, and maintaining legal jurisdiction and financial responsibility until the receiving state approves the arrangement.
Confidentiality, Transparency, and Accountability: A Delicate Balance in Chil...bartoncenter
Howard Davidson, Director, American Bar Association Center on Children and the Law, presents changes in law and policy regarding the issues of managing privacy and confidentiality of child abuse cases and the need for greater transparency and accountability from those who manage the cases.
3.12 voluntary surrender of parental rghtsscreaminc
This document outlines policies and procedures for voluntary surrenders of parental rights in Georgia. It states that the Division of Family and Children Services (DFCS) must: 1) only accept voluntary surrenders when adoption is the permanency plan; 2) involve all parents in planning; and 3) execute valid voluntary surrenders using the correct forms. It also provides details on the rights of parents to withdraw surrenders within 10 days and for children to petition to reinstate parental rights after 3 years if not adopted. Social services case managers must follow specific procedures when facilitating voluntary surrenders.
3.10 court appointed special advocate (casa) and guardian ad litem (gal)screaminc
The document outlines Georgia policies regarding the appointment and responsibilities of Guardians ad Litem (GALs) and Court Appointed Special Advocates (CASAs) in dependency cases. It states that the Division of Family and Children Services (DFCS) must request a GAL be appointed when a dependency complaint is filed. It also requires DFCS to cooperate with GALs and CASAs, notify them of case plans, and allow them access to child records. The roles and duties of GALs and CASAs are described, including advocating for the child's best interests, meeting with the child, assessing the case, and consulting with professionals involved.
15.2 placement of georgia children into other statesscreaminc
This document outlines Georgia's policies and procedures for placing children in its custody into foster care across state lines. It details the process for assessing potential out-of-state placements, making an Interstate Compact on the Placement of Children (ICPC) request to the receiving state, responsibilities of the receiving state, and finalizing an approved placement. Key steps include conducting a diligent search for relatives, evaluating potential placements, making an ICPC request with required documents, the receiving state's home study and approval/denial, finalizing travel and placement logistics, and retaining legal custody in Georgia. Placements must follow ICPC regulations and receiving state approval to ensure the safety, permanency and well-being of children.
1) The document outlines Georgia's policy for supervising children placed in Georgia or placed from Georgia to another state through the Interstate Compact on the Placement of Children (ICPC).
2) It requires Georgia DFCS to supervise children placed in Georgia from other states if certain criteria are met, including monthly in-person visits and quarterly written reports sent to the sending state.
3) It also requires Georgia DFCS to request and receive quarterly supervision reports on children placed from Georgia to other states to ensure their safety and well-being until legal custody is transferred.
New Jersey Child Custody 101 introduces you to the custody laws in NJ. Learn:
- what does the 'best interests of the child' standard mean?
- what is the difference between legal custody vs. physical custody? And what different custody types are available in New Jersey?
- What are the court procedures in child custody cases
- how to modify child custody orders
- how to enforce child custody orders
- and more!
In clear, simple language, this is the essential legal guide for any New Jersey parent wanting to understand the basics of child custody in the garden state.
This presentation was created by Weinberger Law Group, the largest family law and divorce attorneys in New Jersey.
Effective February 1, 2017, New Jersey child support automatically terminates at age 19, unless certain circumstances exist. Find out how your child support may change, and get answers to your child support questions.
Child's Right to Counsel in Dependency Proceedingsbartoncenter
This presentation explores the rights of children of abuse, neglect, and abandonment to be represented in juvenile court and receive zealous advocacy on his/her behalf. Models of representation are addressed and the impact of the Kenny A. v. Perdue class action lawsuit on attorneys' duties in providing counsel to children.
Making reasonable efforts through effective case planningbartoncenter
The document discusses reasonable efforts in child welfare cases. It defines reasonable efforts as doing for families and children what we would want done for our own families if in similar circumstances. It says reasonable efforts are required to preserve and reunify families before removal, to prevent removal, and to make return home possible. Reasonable efforts are everybody's responsibility, and passivity is complicity. Timely delivery of services can be as important as the services themselves to constitute reasonable efforts.
This document discusses declaratory judgments and their use or lack thereof in family court cases involving unaccompanied minors. It notes that declaratory judgments cannot be used to alter or affect existing legal rights and relationships without due process. A declaratory judgment finding abuse, neglect or abandonment of a parent could negatively impact their rights and be grounds for termination of parental rights. As such, a declaratory judgment is generally not appropriate in family court cases where parental rights and the parent-child relationship are at issue. The document also discusses other procedural and ethical requirements around proper representation and protecting the integrity of the court.
The document outlines the powers of the Supreme Court according to the Philippine Constitution. It discusses:
1) The Supreme Court's original jurisdiction over cases affecting ambassadors and petitions for writs like habeas corpus.
2) Its appellate jurisdiction over cases involving constitutionality of laws and those where only questions of law are involved.
3) Its powers to assign judges, order change of venue, promulgate rules of procedure and appoint judicial officials.
4) Qualification requirements for Supreme Court justices and judges, including Philippine citizenship and legal experience.
The document summarizes key provisions of the Bill of Rights in the 1987 Philippine Constitution as presented in a lecture. It discusses rights such as freedom of movement, access to information, forming unions, just compensation for private property taken for public use, access to courts, rights of those under investigation, bail, and rights of the accused. The rights are explained alongside relevant legal concepts and examples.
Guardianships can provide legal permanency for children in foster care under certain circumstances. They are often seen as more legally durable than custody but more flexible than adoption. Some key issues discussed include the inappropriate use of temporary guardianships to close child welfare cases without providing services, as well as a lack of clear procedures for handling cases transferred from probate to juvenile court. In response, the Division of Family and Children Services implemented a policy prohibiting the pursuit of temporary guardianships during child welfare involvement.
Fc 118 termination packet termination questionnaire and reporting formsscreaminc
1. A case manager is sending a termination packet to a special assistant attorney general to prepare a petition to terminate parental rights for multiple children.
2. The packet includes court orders, case plans, birth certificates, and a termination questionnaire providing details of the parents, grounds for termination, and efforts made to reunite the family.
3. The attorney general will complete the termination petition within 30 days for verification and filing.
Reinstatement of Parental Rights in Georgiabartoncenter
This document summarizes a presentation on reinstating parental rights in Georgia. It discusses different state approaches to reinstatement, including restoration vs reinstatement. It outlines options for parents to petition for reinstatement, such as motions for reconsideration. It also discusses the role of guardians in the process and alternatives to reinstatement for returning children to parents. The document presents arguments for and against reinstatement. Finally, it outlines Georgia's proposed juvenile code governing the reinstatement process.
After public outcry for more oversight and access to juvenile courts, Georgia's legislature passed SB 207 seeking to balance the interests of privacy of children and families involved with Georgia's juvenile courts with the public's interest in transparency and the work of the court.
1. The Division of Family and Children Services is required to review custodial placements of children with relatives, non-relatives, or out-of-state custodians every 12-36 months depending on the custodian.
2. The reviews involve home visits, interviews with the child and custodian, and contacting collaterals. If the custodian cannot be located, diligent efforts to locate them are required.
3. A report is submitted to the juvenile court summarizing whether the custodian remains qualified to care for the child based on the child's safety, well-being and permanency.
This document discusses the reproductive health needs of court-involved youth and the legal authority to provide them care. It notes that pregnancy rates are much higher for youth in foster care than others, and early parenting exacerbates challenges. The law authorizes medical consent for these youth and supports providing education, exams, and contraception. Collaboration between legal and child welfare systems can help address motivations for early pregnancy and improve long-term outcomes.
This document provides an overview of Georgia's CHINS (Children in Need of Services) process and statute. It defines a CHIN as a child adjudicated to need services due to issues like truancy, disobedience, or criminal offenses. The purpose is to acknowledge family issues, encourage participation, provide treatment programs, and ensure agency cooperation. The process involves complaints, petitions, hearings to determine custody and services, and dispositional orders up to 2 years. Key powers for courts include convening agencies, ordering services, referrals, and ongoing monitoring. Developing best practices requires understanding this population, using statutory authority, and adapting current models.
Reinstating Parental Rights Over a Child That Has Lost Permanencybartoncenter
Fact pattern and Georgia statute governing reinstatement of parental rights, standard of proof, factors to consider, gaps in the statute, issues, and persuasive law.
15.6 court jurisdiction cases and other icpc compomentsscreaminc
This document outlines Georgia's Division of Family and Children Services policies regarding the Interstate Compact on the Placement of Children (ICPC). It details procedures for court jurisdiction cases, protective custody services, out-of-state foster home and group home placements, interstate visits, relocation of family units, and returning status offenders to their state of residence. Requirements include using the ICPC for court-ordered placements and services across state lines, and maintaining legal jurisdiction and financial responsibility until the receiving state approves the arrangement.
Confidentiality, Transparency, and Accountability: A Delicate Balance in Chil...bartoncenter
Howard Davidson, Director, American Bar Association Center on Children and the Law, presents changes in law and policy regarding the issues of managing privacy and confidentiality of child abuse cases and the need for greater transparency and accountability from those who manage the cases.
3.12 voluntary surrender of parental rghtsscreaminc
This document outlines policies and procedures for voluntary surrenders of parental rights in Georgia. It states that the Division of Family and Children Services (DFCS) must: 1) only accept voluntary surrenders when adoption is the permanency plan; 2) involve all parents in planning; and 3) execute valid voluntary surrenders using the correct forms. It also provides details on the rights of parents to withdraw surrenders within 10 days and for children to petition to reinstate parental rights after 3 years if not adopted. Social services case managers must follow specific procedures when facilitating voluntary surrenders.
3.10 court appointed special advocate (casa) and guardian ad litem (gal)screaminc
The document outlines Georgia policies regarding the appointment and responsibilities of Guardians ad Litem (GALs) and Court Appointed Special Advocates (CASAs) in dependency cases. It states that the Division of Family and Children Services (DFCS) must request a GAL be appointed when a dependency complaint is filed. It also requires DFCS to cooperate with GALs and CASAs, notify them of case plans, and allow them access to child records. The roles and duties of GALs and CASAs are described, including advocating for the child's best interests, meeting with the child, assessing the case, and consulting with professionals involved.
15.2 placement of georgia children into other statesscreaminc
This document outlines Georgia's policies and procedures for placing children in its custody into foster care across state lines. It details the process for assessing potential out-of-state placements, making an Interstate Compact on the Placement of Children (ICPC) request to the receiving state, responsibilities of the receiving state, and finalizing an approved placement. Key steps include conducting a diligent search for relatives, evaluating potential placements, making an ICPC request with required documents, the receiving state's home study and approval/denial, finalizing travel and placement logistics, and retaining legal custody in Georgia. Placements must follow ICPC regulations and receiving state approval to ensure the safety, permanency and well-being of children.
1) The document outlines Georgia's policy for supervising children placed in Georgia or placed from Georgia to another state through the Interstate Compact on the Placement of Children (ICPC).
2) It requires Georgia DFCS to supervise children placed in Georgia from other states if certain criteria are met, including monthly in-person visits and quarterly written reports sent to the sending state.
3) It also requires Georgia DFCS to request and receive quarterly supervision reports on children placed from Georgia to other states to ensure their safety and well-being until legal custody is transferred.
New Jersey Child Custody 101 introduces you to the custody laws in NJ. Learn:
- what does the 'best interests of the child' standard mean?
- what is the difference between legal custody vs. physical custody? And what different custody types are available in New Jersey?
- What are the court procedures in child custody cases
- how to modify child custody orders
- how to enforce child custody orders
- and more!
In clear, simple language, this is the essential legal guide for any New Jersey parent wanting to understand the basics of child custody in the garden state.
This presentation was created by Weinberger Law Group, the largest family law and divorce attorneys in New Jersey.
Effective February 1, 2017, New Jersey child support automatically terminates at age 19, unless certain circumstances exist. Find out how your child support may change, and get answers to your child support questions.
Child's Right to Counsel in Dependency Proceedingsbartoncenter
This presentation explores the rights of children of abuse, neglect, and abandonment to be represented in juvenile court and receive zealous advocacy on his/her behalf. Models of representation are addressed and the impact of the Kenny A. v. Perdue class action lawsuit on attorneys' duties in providing counsel to children.
Making reasonable efforts through effective case planningbartoncenter
The document discusses reasonable efforts in child welfare cases. It defines reasonable efforts as doing for families and children what we would want done for our own families if in similar circumstances. It says reasonable efforts are required to preserve and reunify families before removal, to prevent removal, and to make return home possible. Reasonable efforts are everybody's responsibility, and passivity is complicity. Timely delivery of services can be as important as the services themselves to constitute reasonable efforts.
This document discusses declaratory judgments and their use or lack thereof in family court cases involving unaccompanied minors. It notes that declaratory judgments cannot be used to alter or affect existing legal rights and relationships without due process. A declaratory judgment finding abuse, neglect or abandonment of a parent could negatively impact their rights and be grounds for termination of parental rights. As such, a declaratory judgment is generally not appropriate in family court cases where parental rights and the parent-child relationship are at issue. The document also discusses other procedural and ethical requirements around proper representation and protecting the integrity of the court.
The document outlines the powers of the Supreme Court according to the Philippine Constitution. It discusses:
1) The Supreme Court's original jurisdiction over cases affecting ambassadors and petitions for writs like habeas corpus.
2) Its appellate jurisdiction over cases involving constitutionality of laws and those where only questions of law are involved.
3) Its powers to assign judges, order change of venue, promulgate rules of procedure and appoint judicial officials.
4) Qualification requirements for Supreme Court justices and judges, including Philippine citizenship and legal experience.
The document summarizes key provisions of the Bill of Rights in the 1987 Philippine Constitution as presented in a lecture. It discusses rights such as freedom of movement, access to information, forming unions, just compensation for private property taken for public use, access to courts, rights of those under investigation, bail, and rights of the accused. The rights are explained alongside relevant legal concepts and examples.
The document discusses the judicial department and powers of courts in the Philippines. It outlines that judicial power is vested in the Supreme Court and lower courts, and generally entails settling legal disputes and determining abuse of power. The Supreme Court has the power of judicial review to interpret laws. It is composed of a Chief Justice and 14 Associate Justices. When a court reaches a decision, a justice writes an opinion certified by the Chief Justice and served to parties.
The document summarizes key sections of Article VIII of the Philippine Constitution relating to the judicial department. It discusses the composition and jurisdiction of courts, the powers of Congress over the judiciary, fiscal autonomy of the judiciary, and composition and sitting procedures of the Supreme Court. Specifically, it states that the Supreme Court is composed of a Chief Justice and 14 Associates, who may sit en banc or in divisions. Congress can define court jurisdictions but not reduce the Supreme Court's constitutionally defined powers. The judiciary has fiscal autonomy with appropriations that cannot be reduced year-over-year.
The document discusses the Philippine constitution, defining what a constitution is and outlining the key features and principles of the 1987 Philippine Constitution. It describes how the Philippine Constitution establishes the basic framework of government, assigns powers to different branches, and aims to preserve citizens' rights while pursuing principles like democracy, justice, and human rights. The document also provides overviews of previous 1935 and 1973 Philippine Constitutions.
The document discusses the structure and powers of the Philippine government. It is divided into three branches: the legislative, executive, and judicial branches. Each branch has checks and balances on the others to prevent arbitrary rule. Officials of each branch have qualifications like age, residency, and term limits. The legislative branch has the power to enact laws, taxation, confirm appointments, declare war, and impeach. The executive branch includes the President and exercises powers like veto and pardon. The judicial branch settles disputes and determines constitutionality of laws.
Ferdinand Magellan arrived in the Philippines in 1521, claiming the lands for Spain and converting some locals to Catholicism. However, Lapu-Lapu, a native ruler, resisted Spanish colonization and killed Magellan in 1521. Spain then began over 300 years of colonization, introducing Christianity, exploiting gold and other resources, and establishing political and economic systems like the encomienda. Filipino nationalism emerged in response to Spanish abuses, led by reformists like Rizal, del Pilar, and Lopez Jaena. Their Katipunan revolutionary movement was suppressed, leading to the Philippine Revolution and war for independence from Spain.
STANDARDS WITH COMMENTS FOR GUARDIANS AD LITEM IN JUVENILE AND FAMILY COURT DIVISION MATTERS - these rules are supposed by the Missouri Supreme Court to guide the action of every attorney acting as a Guardian Ad Litem in custody matters.
The reality is often starkly different.
This document is a bill being considered by the Georgia legislature to reform the state's juvenile justice system. It proposes substantial revisions to Title 15 of Georgia law relating to juvenile court proceedings. The bill aims to modernize provisions around dependency, delinquency, and children in need of services cases. It seeks to protect communities, impose accountability, provide treatment and rehabilitation, and equip juvenile offenders to live responsibly. If passed, the bill would enact comprehensive juvenile justice reforms recommended by the governor's council.
1. The document provides procedures for the Division of Family and Children Services (DFCS) when a child in their custody goes missing or runs away. This includes filing a missing person report, notifying authorities, conducting searches, and documenting efforts to locate the child.
2. If a child runs away, DFCS must file a runaway report with the juvenile court within two business days and continue search efforts until the child is found or custody is terminated.
3. The document outlines interview procedures and notifications required when a missing child is located, such as deactivating alerts, notifying authorities, and conducting medical examinations.
The document outlines federal and state requirements for case reviews and permanency plan hearings for children in foster care. It states that:
1. A review of each child's status must be conducted at least every 6 months, either by a court or administrative review, to determine safety, compliance with plans, progress alleviating issues, and projected reunification dates.
2. Permanency plan hearings must be held within certain timeframes depending on the child's age, such as within 30 days of a non-reunification plan or within 9 months for children under 7.
3. The hearings must make determinations about permanency goals, placement options, transition services, and consult children in an age-appropriate
The document discusses custody, maintenance, and guardianship under Kenyan law. It defines legal custody as conferring major decision-making rights over a child's health, education, and welfare. Actual custody refers to physical possession of a child, which can be sole or joint. The court determines custody based on the best interests of the child and factors like the wishes of parents and relatives. The court can also issue access, residence, and care orders. Parents have a joint duty to maintain their children financially whether married or not. The court considers factors like income and needs when issuing maintenance orders, which can include periodic payments or lump sums. Failure to pay maintenance can result in distress warrants or earnings attachments.
This document outlines Georgia's Division of Family and Children Services policy on placement changes for children in foster care. It seeks to minimize placement moves and only allow moves for permanency, sibling placement, or safety/well-being concerns. It requires notification to courts, schools, service providers, and placement resources within timeframes when moves occur. The procedures describe conducting home visits, notifying relevant parties, ensuring educational stability, and documenting all efforts surrounding placement changes.
Adoption involves a person permanently assuming the parenting of another person's child. In India, adoption is regulated by CARA and follows various laws. The document outlines the eligibility criteria for prospective adoptive parents and children, the steps to adopt a child in India, and the different types of adoptions - open, semi-open, closed, and intra-family adoption. Open adoption allows some contact between the birth and adoptive families after adoption, while closed adoption involves no contact.
The document discusses different types of adoption in India. It defines adoption as permanently transferring parenting rights from biological parents to adoptive parents. Adoption can be open, semi-open, closed, or intra-family/relative. Open adoption allows contact between adoptive and biological families, while closed adoption prohibits contact. Eligibility requirements for adoptive parents and children are also outlined. The process of adopting a child in India involves registration, home study, acceptance, court procedures, and follow ups. Hindu and juvenile justice laws govern adoption in India.
The Juvenile Justice (Care and Protection of Children) Act, 2015 replaced previous laws and aims to achieve UNCRC objectives. It specifies procedural safeguards for children in conflict with law and addresses delays and pendency issues. It allows trying some 16-18 year olds committing heinous crimes as adults. It also seeks to create a universally accessible adoption law for India. Key aspects include registration of child care institutions, definitions, roles of Juvenile Justice Board and Child Welfare Committee, and provisions for rehabilitation and social reintegration of children.
This document outlines Georgia policies and procedures for receiving and processing intake reports of child abuse and neglect. It discusses the definitions of an intake report and required components. Intake reports can be made 24/7 via a centralized intake call center and must be entered into the SHINES database within a specified time frame. The document defines distinct types of intake reports and procedures for information collection, decision making, and required notifications to law enforcement and others.
This document provides information about Leslie Stewart, an attorney who assists with grandparent and relative custody cases in Georgia. It discusses what is considered deprivation, guardianship, and the "Care of a Grandchild Act." It notes that grandparents and relatives can be awarded custody in certain circumstances, such as when a parent is unfit due to issues like drug/alcohol abuse or mental health problems. It explains the best interests of the child standard courts use and options for gaining custody, such as private deprivation actions.
Termination of Parental Rights in Tennessee - Part1Stan Bennett
Although most people are not aware of it, the relationship between a parent and a child is more than an emotional bond or a practical commitment, in the eyes of the law it is also a legal relationship that comes with duties and responsibilities. Learn more about termination of parental rights in Tennessee in this presentation.
Child Protective Services are required by law to make reasonable efforts to prevent removing a child from their home and to consider immediately reunifying families whenever a child is removed. This includes using community resources and having the alleged abuser leave the home voluntarily or through legal action. If safety cannot be ensured, legal action is taken to place the child outside the home. Every case requires a determination that reasonable efforts were made to prevent placement or make reunification possible. In some high risk situations, reunification may not be recommended but it is up to the courts to make that determination. Returning a child safely home requires ensuring protections are in place.
Final cpac ais identification reporting of child abuse 8 13 10CSD
This document provides information on identifying and reporting child abuse and neglect in Delaware. It defines the different types of abuse and neglect, including physical abuse, sexual abuse, emotional maltreatment and neglect. It outlines physical and behavioral indicators of abuse/neglect in children and risk factors in parents/caretakers. It also discusses Delaware laws regarding required reporting of abuse/neglect and protections for good faith reporters.
The document discusses child adoption in India. It defines adoption and explains the reasons for child adoption. It outlines the eligibility criteria for prospective adoptive parents and children in India. It describes the various steps involved in adopting a child in India according to laws like the Hindu Adoption and Maintenance Act and Juvenile Justice Act. It also explains the different types of adoptions like open, closed, semi-open, intra-family, domestic, and international adoptions.
This document defines key terms related to the Juvenile Justice and Welfare Act of 2006 such as "bail", "best interest of the child", "child", "child at risk", "child in conflict with the law", and others. It also outlines the duties of law enforcement when taking a child into custody, which include explaining the reason for custody, advising the child of their rights, avoiding violence, and immediately transferring the child to social services. For children under 15, the authority must immediately release the child to their parents/guardians or social services to determine appropriate programs.
This document defines key terms related to the Juvenile Justice and Welfare Act of 2006 such as "bail", "best interest of the child", "child", "child at risk", "child in conflict with the law", and others. It also outlines the duties of law enforcement when taking a child into custody, which include explaining the reason for custody, advising the child of their rights, avoiding violence, and immediately transferring the child to social services. For children under 15, the authority must immediately release the child to their parents/guardians or social services to determine appropriate programs.
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Randee J. Waldman presents the revisions to Article 6 and 7 of the revised Juvenile Code of Georgia. These revisions address youth intake, detention, adjudication, and disposition. It also addresses determining competency of youth to be adjudicated.
This document summarizes key provisions of Article 6 of Georgia's juvenile code related to delinquency. It outlines the purpose of Article 6 as holding children accountable for delinquent acts while also providing rehabilitation. It describes the parties involved, roles of prosecutors and defense attorneys, case timelines, intake and detention procedures, petition requirements, arraignment, and disposition options such as probation, community service, or commitment to the Department of Juvenile Justice. It also discusses provisions for transferring certain cases to superior court and requirements for disposition orders in designated felony cases.
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This document provides questions and answers regarding the Solo Parent's Welfare Act and parental leave policies in the Philippines. It defines who qualifies as a solo parent, outlines the services and benefits provided to solo parents including a comprehensive package of social services, 7 days of annual paid parental leave, and how to apply for and qualify for a Solo Parent ID card. It also clarifies that parental leave under this law is not retroactive and must be used within the calendar year to avoid forfeiture.
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The document summarizes issues with two empirical studies used to justify opening child dependency court proceedings to the public.
1) The researcher who designed the influential Minnesota study admitted the study had significant methodological flaws, including an advisory committee prohibiting interviews of abused children and their parents due to risk of harm, despite allowing children to testify in open court. No psychologists were consulted on potential harm to children either.
2) Recent testimony from the researcher revealed other flaws, like only investigating "extraordinary harm" without defining the term, potentially underestimating trauma. Government agencies selecting who to survey also introduced bias.
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The document discusses the benefits of exercise for mental health. Regular physical activity can help reduce anxiety and depression and improve mood and cognitive functioning. Exercise causes chemical changes in the brain that may help protect against mental illness and improve symptoms.
The document summarizes child welfare initiatives in Georgia, including:
1) Efforts by the Georgia Court Improvement Project (CIP) to improve legal representation through standards for parent and child attorneys, legal trainings, and a method for quality assurance.
2) Data collection on safety and permanency measures by the CIP and publishing the data online.
3) CIP projects like summits around the state, a "Cold Case Project" reviewing long-term foster care cases, and a legal training academy for attorneys.
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The Criminal Justice Coordinating Council is seeking applications from county commissions in Georgia for up to $100,000 in funding to support juvenile justice delinquency prevention and treatment programs from December 2014 to August 2015. Eligible applicants must serve youth involved in the juvenile court system and implement evidence-based programs to reduce recidivism and prevent deeper system involvement. Applications are due by November 7, 2014.
The document discusses the use of requests to admit in civil discovery under Section 9-11-36 of the Georgia Code. Requests to admit involve asking the other party to admit or deny statements of fact or opinions to help prove a point in the case. If a party denies a request but cannot support their denial, the requesting party can file a motion and the court may order the matter admitted or require an amended answer. A party can also recover expenses including attorney's fees if they prove the matter denied in a request. Admissions are conclusively established unless withdrawn or amended by the court, which requires showing such change will help the merits and not prejudice the requesting party.
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This brief was submitted by the Georgia First Amendment Foundation as an amicus curiae in support of reversing the lower court's ruling. It argues that (1) personnel records, like Deputy Glisson's file, must be disclosed under the open records act and are not exempt just because they relate to a pending investigation, and (2) 911 tapes should be treated like initial police reports which are disclosable regardless of any investigation under the law. The brief provides background on the case, outlines the legal arguments, and urges the Supreme Court to reverse to ensure transparency as intended by the open records act.
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The document discusses adolescent brain development and its implications for foster youth transitioning to adulthood. It notes that adolescence is a critical period for brain growth, especially in areas related to decision making and impulse control. During this time, youth can overcome past trauma and gain skills to become independent adults. Extended foster care can provide support during this critical time by allowing youth to practice adult skills with supportive adults, as children in intact families do. Keeping youth in foster care until age 21 better equips them for adulthood by capitalizing on the developmental opportunities in adolescence to recover from trauma and become self-sufficient.
This document provides tips and procedures for appealing deprivations and terminations of parental rights. It discusses the importance of preserving the trial record for appeal purposes. It outlines five tips for a clean trial record including pre-trial motions, clear objections, proffering excluded evidence, preserving miscellaneous issues, and reviewing the final order. The document then discusses filing a motion for a new trial within time limits and possible grounds. It provides an overview of the appeal process for deprivations and terminations, including requirements for briefs and case law that may be helpful.
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This document is a statement of interest filed by the United States in a lawsuit regarding the right to counsel for juveniles in delinquency proceedings in Georgia. The United States argues that juveniles have a constitutional right to meaningful legal representation, including an attorney with adequate resources and training to advocate for the juvenile's interests. The United States also asserts that courts must ensure any waiver of counsel by a juvenile is knowing, intelligent, and voluntary, which requires consultation with an attorney.
This document summarizes key changes between the DSM-IV and DSM-5 diagnostic criteria and classifications. Some notable changes include: renaming intellectual disability and removing subtypes of schizophrenia; adding social communication disorder and disruptive mood dysregulation disorder; modifying the criteria for autism spectrum disorder, bipolar disorder, and major depressive disorder; removing the bereavement exclusion for major depression; and consolidating language, social anxiety, and specific phobia criteria.
This document is a form for documenting open records requests. It collects information about the requester including their name, address, contact details. It documents the date the request was received, how it was delivered, and who is responding. It asks for details on the type of records requested, any exempt records, and dates for informing the requester of availability and providing records. It also collects statistics on the number of documents/pages provided, copies, staff hours to respond, and any issues fulfilling the request.
The Record of Reports form is used to document the dates and dispositions of reports received by a department. It should be attached to the inside cover of case records. Information recorded includes the report date, county received, intake decision, investigation decision if assigned, and screen prints filed. Guidelines provide instructions on completing the form for new or existing case files.
1. Page 1 of 15
CODES/REFERENCES
O.C.G.A. §15-11-2, §15-11-19, §15-11-26, §15-11-102, §15-11-103, §15-11-111, §15-11-125,
§15-11-133, §15-11-145, §15-11-146, §15-11-150, §15-11-151, §15-11-170, §15-11-181,
§15-11-190, §15-11-191, §15-11-200, §15-11-203, §15-11-210, §15-11-211, §15-11-212,
§15-11-230, §15-11-231, §15-11-232, §15-11-264
Title IV-E of the Social Security Act Section 471 (a)(15)(E)(i)
Title IV-E of the Social Security Act Section 475 (5)(c)
50 U.S.C. App. §§501-597b-Servicemembers Civil Relief Act (SCRA)
REQUIREMENTS
The Division of Family and Children Services (DFCS) shall intervene to protect a child, with
assistance from law enforcement and the courts if evidence indicates that the child should not
remain in the home or be returned to the parents/legal guardian due to safety concerns and
there are no alternative safety options for the child. Some of these situations may include, but
are not limited to:
1. A child has experienced life-threatening maltreatment or serious injury at the hands of a
parent, guardian or legal custodian;
2. A child was intentionally abandoned by the parents, guardian or legal custodian;
3. A child steadfastly refuses to return to the parents, guardian or legal custodian, and the
return could cause significant physical or emotional harm to the child;
4. Parents, guardians or legal custodians steadfastly refuse to have a child returned to
them. Direction through a court hearing may be necessary;
5. Parents, guardians or legal custodians have a significant mental illness, untreated illness
or significant mental disability that renders them unable to care for their children;
6. A parent, guardian or legal custodian has sexually abused a child; the offending parent ,
guardian or legal custodian will have access to the child and the non-offending parent,
guardian or legal custodian fails to protect the child;
7. A parent, guardian or legal custodian has caused the death of a child through
maltreatment;
8. Medical personnel identify an infant as affected by illegal substance abuse or withdrawal
symptoms resulting from prenatal drug exposure or diagnosed with a Fetal Alcohol
Spectrum Disorder (FASD) and a safety threat exists;
9. Parents, guardians or legal custodians have a significant history of drug or alcohol
addiction that is persistently denied or untreated and that renders them unable to care for
their children;
GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES
CHILD WELFARE POLICY MANUAL
Chapter: (3) Legal
Effective
Date:
December 2014Policy
Title:
The Juvenile Court Process
Policy
Number:
3.1
Previous
Policy #:
2102.1; 2102.10;
2102.11; 2102.12;
2102.15; 2102.18;
1002.2; 1002.3;
1002.11; 1013.1;
2. Page 2 of 15
10.A child requires medical treatment to prevent a serious illness or disability, or a child’s life
may be in danger and the parents, guardians or legal custodians are unwilling or refuse to
seek medical treatment;
11.A non-offending parent, guardian or legal custodian although cooperative with DFCS, is
unwilling or unable to protect a child from the offending parent, guardian or legal
custodian;
12.Parents, guardians or legal custodians have repeated, serious criminal activity or a
conviction of a felony and imprisonment which has a demonstrable negative effect on the
safety of the child;
13.Parents, guardians, or legal custodians deny serious maltreatment and are unwilling to
participate in the case plan; thus, leaving children at risk of serious maltreatment; or
14.Parent’s, guardian’s or legal custodian’s explanation for an injury or illness is inconsistent
with the medical evaluation and/or assessment findings.
DFCS shall adhere to the procedures and practices established by the Juvenile Court as outlined
in the Official Code of Georgia (O.C.G.A.). A party to a hearing has the right to:
1. An attorney at all stages of the proceedings;
2. Be present;
3. Be heard;
4. Present evidence;
5. Cross-examine witnesses;
6. Examine pertinent court files and records; and
7. Appeal the orders of the court.
NOTE: All children subject to a dependency action are parties. The court may exclude a child
from any part of the dependency proceedings if the court determines that it is not in the child’s
best interest to be present. The attorney for an excluded child shall not be excluded from the
proceedings.
Dependency Complaints/Petitions
A DFCS Social Services Case Manager (SSCM), a law enforcement officer or any person who
has actual knowledge of the abuse, neglect or abandonment of a child or is informed of the
abuse, neglect or abandonment and believes it to be true may file a petition alleging
dependency. Such petition shall not be accepted for filing unless the court or person authorized
by the court has determined and endorsed on the petition that the filing of the petition is in the
best interests of the public and the child.
DFCS may file a dependency petition with the court seeking an order for protection of a child
(protective order) restraining or otherwise controlling the conduct of a parent, relative or other
caregiver in a case. (See policy 3.3 Legal: Court Orders and Placement Authority)
DFCS may file a dependency petition requesting placement authority for a child or requesting
that temporary custody of a child be transferred to another party.
NOTE: A preliminary protective hearing must be held within 72 hours of a child being placed in
foster care.
DFCS shall file a petition for dependency within five days of the child’s preliminary protective
hearing when the child is not released from foster care at this hearing. If the child was not
removed from the home or was returned at the preliminary protective hearing, the petition shall
3. Page 3 of 15
be filed within 30 days of the preliminary protective hearing.
NOTE: The adjudication hearing shall be held no later than ten (10) days after the filing of the
petition for dependency if the child is in foster care and within 60 days of the filing of the
dependency petition if the child is not in foster care. If the adjudication is not completed within
sixty (60) days, the dependency petition may be dismissed without prejudice. If a disposition
hearing is not held in conjunction with the adjudication hearing, it shall be held and completed
within 30 days after the conclusion of the adjudication hearing.
Dependency Proceedings
The court shall appoint an attorney for an alleged dependent child as soon as practical to ensure
adequate representation of the child, but no later than prior to the first court hearing that may
substantially affect the interests of the child.
DFCS shall notify the court of a parent’s, guardian’s or legal custodian’s military service when
either parent, guardian or legal custodian is on active military duty and serving outside the State
of the court that has jurisdiction over the legal proceeding.
NOTE: For the purposes of Section 521 of the Servicemembers Civil Relief Act (SCRA), the term
“State” includes the District of Columbia, Puerto Rico, the Virgin Islands and Guam.
When a child is found to be dependent, the court may make any of the following orders of
disposition or combination of dispositions best suited to the protection and physical, emotional,
mental and moral welfare of the child:
1. Permit the child to remain with his or her parents, guardian or legal custodian, with or
without conditions by the court, including supervision;
2. Grant or transfer temporary legal custody to any of the following persons or entities:
a. Any individual, including a biological parent, who has been studied and has been
determined to be qualified to receive and care for the child;
b. An agency or other private organization licensed or legally authorized to receive
and provide care for a child;
c. Any public agency authorized by law to receive and provide for care for the child
except the Department of Juvenile Justice (DJJ) or the Department of Behavioral
Health and Developmental Disabilities (DBHDD); or
d. An individual in another state, with or without supervision, pursuant to the
Interstate Compact on the Placement of Children. (See policy 15.6 Interstate
Compact on the Placement of Children (ICPC): Court Jurisdiction Cases and Other
ICPC Components)
3. Transfer jurisdiction of the child in compliance with ICPC;
4. Order the child and his/her parent, guardian or legal custodian to participate in counseling
or other services as determined by the court;
5. Order the parent, guardian or legal custodian of the child to participate in a court
approved educational or counseling program designed to contribute to the ability of the
parent, guardian or legal custodian to provide proper care and supervision of the child
including, but not limited to, parenting classes;
6. Order DFCS to implement and the parent, guardian or legal custodian to cooperate with
any court-approved plan; or
7. Order temporary child support.
4. Page 4 of 15
Date Child is Considered to Have Entered Foster Care
When a child is alleged to be a dependent child, the date such child is considered to have
entered foster care shall be the date of the first judicial finding that such child has been
subjected to child abuse or neglect or the date that is 60 days after the date on which such
child is removed from his or her home, whichever is earlier. (See Practice Guidance for
guidance on calculating the time in foster care.)
Diligent Search
DFCS shall conduct a diligent search for parents, relatives and others who have demonstrated
an ongoing commitment to the child and submit the findings to the court within thirty (30) days of
the child’s removal from the home. DFCS shall continue to conduct diligent searches throughout
the child’s stay in foster care and submit the results and responses to the court at any judicial
review or Judicial Citizen Review Panel (JCRP). (See policy 5.13 Investigations: Diligent Search)
Case Plan
Within 30 days of the day of removal and at each subsequent review of the disposition order
DFCS shall submit a written report (case plan) to the court. A hearing to review the case
plan shall be held if the parent, guardian or legal custodian disagrees with a proposed case
plan for reunification and exercises his or her right to request a hearing before the court
within five (5) days of the receipt of the plan. (See policy 10.23 Foster Care: Case Planning)
Initial Review and Subsequent Periodic Review
DFCS shall, in compliance with Georgia law, initially review all cases of children in foster care
within seventy-five (75) days following a child’s removal from the home. An additional
periodic review shall be held within four (4) months following the initial review. The court
must conduct the initial review. The court shall have the discretion to schedule any
subsequent review hearings as necessary. The Judicial Citizen Review Panel (JCRP) may
conduct the review held within four (4) months of the initial review and any other periodic
review as requested by the court.
NOTE: A review compliant with federal case review requirements is completed as a part of
every permanency plan hearing. (See policy 3.2 Legal: Case Review/Permanency Plan
Hearings)
Permanency Plan Hearings
Permanency plan hearings must be conducted by the court and shall be held in the following
situations:
1. No later than thirty (30) days after DFCS submits a non-reunification case plan to the
court; or
2. For children under seven (7) years of age at the time a petition for dependency is filed, no
later than nine months after the children are considered to have entered foster care;
3. For children seven (7) years of age and older at the time a petition for dependency is
filed, no later than twelve (12) months after the children are considered to have entered
foster care. Exception: For siblings removed at the same time and in which at least one
child is under seven (7) years of age at the time the dependency petition is filed, the
permanency plan hearing shall be held no later than nine months after the children are
considered to have entered foster care.
5. Page 5 of 15
A permanency plan hearing should be held at least every six (6) months after the initial
permanency plan hearing, as long as the child remains in care or more frequently as deemed
necessary by the court until the court determines that such child’s permanency plan and goal
have been achieved.
Non-Reunification Hearings
A non-reunification hearing shall be held no later than 30 days from the time DFCS submits a
non-reunification case plan. At the non-reunification hearing:
1. DFCS shall have the burden of demonstrating by clear and convincing evidence that a
reunification plan is not appropriate considering the child’s health, safety and need for
permanence;
2. DFCS shall notify the court whether and when it intends to file for Termination of Parental
Rights (TPR); and
3. The court shall also hold a permanency plan hearing at which the court shall:
a. Consider in-state and out-of-state permanent placement options for the child; and
b. Incorporate a permanency plan for the child in the order.
PROCEDURES
The SSCM will be knowledgeable about the following:
1. The rights, roles and responsibilities of the County Department when serving as custodian
of a child in foster care;
2. The procedural safeguards for the parents, guardians or legal custodians of children in
foster care;
3. The Juvenile Court process including courtroom etiquette;
4. The applicable Federal laws and sections of the Official Code of Georgia (O.C.G.A.);
5. Court order requirements for Title IV-E funding; and
6. Timeframes for custody and other legal actions.
Preparing for Court
Prior to any court hearing, the following will occur:
1. The SSCM and Social Services Supervisor (SSS) shall discuss all available information
that supports DFCS’ position on a case that will be in court and document in the narrative
of the Contact Detail in the GA Statewide Automated Child Welfare System (Georgia
SHINES); (See policy 2.1 Information Management and Documentation: Case Record
Maintenance)
2. The SSCM shall notify the SAAG when either parent, guardian or legal custodian is on
active duty in the military in order for the SAAG to notify the court;
3. The SSS shall review the documented evidence and help determine that the SSCM has
sufficient evidence to support present or impending danger, each allegation of the
dependency petition and the case plan or permanency plan to be considered by the court;
4. The SSS shall assist the SSCM in determining DFCS’ recommendations to the court ,
including whether or not visits need to be supervised, and prepare for court testimony;
(See Best Interests Determination)
5. The SSCM shall review the case plan/services with the family and family support team via
a Family Team Meeting (FTM) or other family meeting (See policy 5.12 Investigations:
Family Team Meeting for CPS and Permanency);
6. Develop a court report to present to the court, when necessary, that summarizes the
background of the case, the services and/or steps taken to resolve the issues, the
6. Page 6 of 15
progress or lack thereof of the family and the recommendations of DFCS; and
7. The SSCM and SSS shall make the SAAG fully aware of all evidence, potential witnesses
and DFCS’ recommendations prior to representing DFCS in court.
Court Intervention to Protect Children
When the safety of a child cannot be assured and/or a caregiver is non-compliant and court
intervention may be necessary to protect the child, the SSCM will:
1. Staff the case with the SSS, SAAG and other county/regional staff to determine whether
or not there is a need to file a dependency complaint and/or petition either for a protective
order or for custody of the child;
2. Conduct a FTM or other family meeting prior to any court action, when possible, to notify
the family of the impending court action, possible outcomes and to discuss any changes
in the safety or case plans (See policy 5.12 Investigations: Family Team Meeting for CPS
and Permanency);
3. Ensure the dependency petition is filed with Juvenile Court when court action is being
sought;
4. Afford the person against whom a protective order is directed due notice and an
opportunity to be heard prior to an order being granted by the court (accomplished by
services of the petition as required by State law).
5. Request that a protective order be modified, extended or terminated by the court as
deemed necessary and in the best interest of the child.
Removal
Once the decision is made in conjunction with the SSS, SAAG and any other county or
regional staff to remove the child, the SSCM will:
1. If law enforcement does not make the removal, obtain authorization from the court or
designated intake officer for DFCS to obtain placement authority for the child;
NOTE: A verbal order may be issued by a Juvenile Court Judge, but must be followed by
a written order which is obtained the first business day after the issuance of the verbal
order. DFCS is not authorized to remove children without a court order. The first order
signed by a judge sanctioning the removal of the child must contain the “contrary to the
welfare of the child” or “removal from the home is in the best interest of the child” finding.
If the removal or shelter care order is the first order signed by a judge, the language
should be contained in this order.
2. If the court requires a hearing or other sworn testimony or statement prior to authorizing
the removal of the child, immediately provide the SAAG with all necessary and relevant
supporting evidence and information pertaining to possible witnesses;
3. Obtain a copy of the ex parte removal order, if issued by the court, or “authorization” to
take child into custody and upload the court order into External Documents in the GA
Statewide Automated Child Welfare System (SHINES) if not uploaded via the Case Plan
Reporting System (CPRS) interface;
4. Complete the appropriate Custody Detail and Legal pages in Georgia SHINES; and
5. File a dependency complaint.
NOTE: A dependency action may be filed in the county in which the child legally resides
or in the county where the child is present when the proceeding is commenced provided
that the child is present in that county without his parent, guardian or legal custodian or
the acts underlying the dependency allegation are alleged to have occurred in that
county. This is referred to as the venue. The court may transfer the proceedings to the
7. Page 7 of 15
county in which a child legally resides, if the proceedings start in a different county. (See
policy 3.13 Legal: Court Transfer of Jurisdiction)
Juvenile Court Hearings
1. The preliminary protective hearing is held within 72 hours of the child’s placement
into foster care. The SSCM will:
a. Prior to the hearing, staff the case with the SSS, SAAG and any other relevant
county/regional staff;
b. Be prepared and provide testimony;
c. If the court finds probable cause to believe that the child is dependent and that
protective custody is necessary to prevent abuse or neglect pending the
dependency hearing at the preliminary protective hearing, the judge may order the
child to remain in foster care. A dependency petition must be presented to the
court within five (5) calendar days of the preliminary protective hearing if the child
remains in care; and
d. Within 72 hours after the hearing, update the Legal Status and/or Legal Action
pages in Georgia SHINES.
NOTE: If the court finds probable cause to believe the child is dependent, but does not
find that protective custody is necessary, then the court shall return the child to his parent,
guardian or legal custodian pending the hearing on the dependency petition.
2. An adjudication hearing is held within ten (10) calendar days (unless continued by the
court) of the filing of the dependency petition if the child is in foster care. If the child is not
in foster care, the adjudication hearing is held no later than sixty (60) days from the filing
of the dependency petition. The SSCM shall:
a. Prior to the hearing, ensure a staffing occurs between the investigator,
Investigator’s SSS, the Permanency SSCM, the Permanency SSS, the SAAG
and any other relevant county and regional staff to discuss the evidence to be
presented, witnesses needed, etc.
b. Be prepared and provide testimony at the adjudication hearing;
c. Within 72 hours after the hearing, update the Legal Status and/or Legal Action
pages in Georgia SHINES based on the court findings regarding the child’s
dependency including, but not limited to, any findings whether such dependency is
found as a result of alcohol or other substance abuse.
NOTE: Such findings become the basis of the initial case plan for reunification.
3. A disposition hearing may be held in conjunction with the adjudication hearing or
continued to another date. If not held in conjunction with the adjudication hearing, the
disposition hearing must be completed within 30 days of the conclusion of the
adjudication hearing. At the disposition hearing, the SSCM shall:
a. Share the results of the Comprehensive Child and Family Assessment (CCFA), if
available, to assist with the decision-making regarding the placement and needed
services;
b. Be prepared to present agency recommendations related to the case;
c. If the initial case plan has been developed, present it to the court (must be
submitted to the court within 30 days of removal and at least 48 hours prior to the
disposition hearing), so that it may be entered into the disposition order; and
d. Within 72 hours after the hearing, update the Legal Status and/or Legal Action
pages in Georgia SHINES.
4. An initial periodic review hearing shall be held within seventy-five (75) days following a
8. Page 8 of 15
child’s removal from the home. An additional periodic review shall be held within four
(4) months following the initial review. A review hearing may be held anytime a review of
the case plan, services, progress of the family, etc. is necessary. The initial periodic
review must be held by the court. The additional periodic review may be held by the court
or the Judicial Citizen Review Panel (JCRP). (See policy 3.2 Legal: Case
Review/Permanency Plan Hearings)
5. A permanency plan hearing must be held:
a. Within thirty (30) days of a non-reunification case plan being submitted to the
court;
b. For children under seven (7) years of age at the time a petition for dependency is
filed, no later than nine (9) months after the children are considered to have
entered foster care;
c. For children seven (7) years of age and older at the time a petition for dependency
is filed, no later than twelve (12) months after the children are considered to have
entered foster care; Exception: For siblings removed at the same time and in
which at least one child is under seven (7) years of age at the time the
dependency petition is filed, the permanency plan hearing shall be held no later
than nine months after the children are considered to have entered foster care;
d. At least every six (6) months after the initial permanency plan hearing, as long as
the child remains in care or more frequently as deemed necessary by the court
until the court determines that such child’s permanency plan and goal have been
achieved; and
e. The SSCM shall:
i. Prior to the hearing, ensure a staffing occurs between the permanency
SSCM, the permanency SSS, the SAAG and any other relevant county and
regional staff to discuss the evidence to be presented, witnesses needed,
etc.
ii. Within five days before the permanency planning hearing, submit a case
plan (See policy 10.23 Foster Care: Case Planning) to the court including:
1. A recommended permanency plan for the child;
2. An estimation of when the plan will be achieved;
3. Documentation of the reasonable efforts taken by DFCS to finalize
the permanent placement of the child.
iii. Be prepared and provide testimony at the permanency plan hearing.
iv. If a permanency plan hearing is being held on a case where voluntary
surrenders were obtained, request the court review:
1. The circumstances of the child;
2. Child specific-recruitment strategies DFCS has utilized such as the
use of state, regional and national adoption exchanges and/or
electronic exchanges; and
3. Any other steps taken by DFCS or the State Adoptions Unit to
pursue a permanent home for the child.
v. Within 72 hours after the hearing, update the Legal Status and/or Legal
Action pages in Georgia SHINES.
Requesting a Court Hearing
The SSCM and SSS will consider requesting a court hearing when:
1. Parents, guardians or legal custodians fail to comply with critical elements of the case
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plan and exhibit continued diminished protective capacities. Documentation reflects the
agency provided support and services necessary for the parent(s), guardian or legal
custodian to achieve these critical elements;
2. A change of custody is recommended;
3. A change in the specific provisions of the court order is needed;
4. Goals of the case plan have been met and it is appropriate to request to be relieved of
custody/court-ordered supervision; or
5. Other circumstances affecting individual situations are identified and need to be brought
to the court’s attention.
PRACTICE GUIDANCE
The health and safety of the child is the paramount concern when making critical decisions about
whether a child should be removed from the home as the only alternative for the child to be
protected and safe. The decision to file a complaint or petition alleging dependency is an
extremely critical one made in child welfare cases. Despite reasonable efforts to remedy or
improve the circumstances leading to the abuse or neglect, a child may remain in imminent
danger. Thus, for the child’s health and safety, removal may be the only option.
Preserving and strengthening families to prevent the unnecessary removal of children from their
homes is an integral part of permanency planning. It recognizes that most children’s needs for
permanency are met by the continuity of family relationships. In many ways the court acts as a
“gatekeeper” for children entering and exiting the foster care system. Consequently, DFCS and
the court must work together and share the accountability in assuring permanency at the earliest
possible time for children.
Servicemembers Civil Relief Act (SCRA)
Under the provisions of SCRA, a person on active duty military service, or someone on his/her
behalf, may petition the court for a stay of the proceeding if he/she feels his/her military service
materially affects his/her ability to defend himself/herself.
The court does not automatically grant each request for a stay; only when it is determined that
the parent’s, guardian’s or legal custodian’s ability to defend himself/herself is materially affected
by military service will a stay be granted. The court may, on its own motion, postpone the
proceeding for the presence of the parent, guardian or legal custodian.
Child’s Attorney
A child’s attorney owes the child the duties imposed by the laws of Georgia in an attorney-client
relationship.
Parent(s)’/Guardian’s/Legal Custodian’s Attorney
Whenever a birth parent, guardian or legal custodian is represented by an attorney, the County
Department shall recognize the implications of the attorney-client relationship. The SSCM needs
to ensure the SAAG is informed of the attorney representing the parent, guardian or legal
custodian. If the parent’s, guardian’s or legal custodian’s attorney is appointed by the court, the
attorney cannot be relieved of responsibility until the court issues an order indicating he/she is no
longer the attorney of record. If an attorney has entered an appearance in the Juvenile Court,
he/she remains the parent’s attorney for the matter until the court has permitted the attorney to
withdraw by appropriate order.
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If the parent, guardian or legal custodian seeks to bring an attorney as his/her representative to
any conference or review held at the County Department or other location, the County
Department shall consult with the SAAG regarding the attorney’s presence and whether or not
the SAAG should be present.
Party
A party means the state, a child, parent, guardian, legal custodian or other person subject to any
judicial proceeding under Chapter 11 of Title 15 of the Official Code of Georgia; provided,
however, that for the purpose of CHINS and delinquency actions, only the child and the state
shall be a party.
Discovery
Prior to any court proceedings including TPR, a party may request information from another
party to assist them in the presentation of their case in court. Although state law dictates that
upon written request a party to a proceeding shall have full access to certain information for
inspection, copying or photographing, these requests are usually handled by the attorneys (i.e.
SAAG, parent’s, guardian’s or legal custodian’s attorney, child’s attorney, etc.) in the
proceedings. If DFCS receives a written request for any of the following information, they should
immediately staff the case with their SAAG:
1. The names and telephone numbers of each witness likely to be called to testify at the
hearing by another party;
2. A copy of any formal written statement made by the child or any witness concerning the
testimony of the witness that a party intends to call as a witness at the hearing;
3. Any scientific or other report which is intended to be introduced at a hearing or that
pertains to physical evidence which is intended to be introduced unless a court order or
written consent from the appropriate person is required;
4. Any drug screen concerning the child or his/her parent, guardian or legal custodian;
5. Any case plan concerning the child or his or her parent, guardian or legal custodian;
6. Any visitation scheduled related to the child;
7. Photographs and any physical evidence which are intended to be introduced at any
hearing;
8. Copies of any police reports that are included in the basis for the petition;
9. Any other relevant evidence not requiring consent or a court order.
Upon presentation of a court order or written consent from the appropriate person permitting
access, any party shall have access to the following:
1. Any psychological, developmental, physical, mental or emotional health or other
assessments of the child or his or her family, parent, guardian or legal custodian;
2. Any school record concerning the child;
3. Any medical record concerning the child;
4. Transcriptions, recordings and summaries of any oral statement of the child or of any
witness, except child abuse reports that are confidential;
5. Any family team meeting report or multidisciplinary team meeting report concerning the
child or his/her parent, guardian or legal custodian;
6. Supplemental police reports, if any, regarding an occurrence which is included in the
basis of the petition; and
7. Immigration records concerning the child.
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NOTE: If DFCS receives a court order requesting access to any of the above, immediately staff
the request with the SAAG.
Any request for discovery shall be complied with no later than five (5) days from receipt of the
request or seventy-two (72) hours prior to any hearing unless the timing of the request does not
allow the party to meet these timeframes. If a request for discovery is made fewer than forty-
eight (48) hours prior to the hearing, the response should be produced in a timely manner. The
SAAG should assist the County Department with all discovery requests.
Date Child is Considered to Have Entered Foster Care
When a child is alleged to be a dependent child, the date such child is considered to have
entered foster care shall be the date of the first judicial finding that such child has been
subjected to child abuse or neglect or the date that is 60 days after the date on which such
child is removed from his or her home, whichever is earlier.
In order to meet time frames for permanency hearings required under Title IV-E rules and
regulations, DFCS staffs are advised to schedule permanency hearings using the removal
date as the beginning point from which the permanency hearing time limits are calculated.
As an example, an initial permanency hearing which must be held no later than twelve
months from the time a child is considered to have entered foster care would be scheduled
twelve months from the date the child was removed from the home. This practice will assure
that hearings are held within the time limits required by federal law.
Emergency Removal
DFCS does not have the authority to remove a child without the written consent of the
parent/legal custodian or order of the court, except in short-term emergency care situations.
(See policy 5.1 Investigations: Special Circumstances) If the life of the child is in immediate
danger because of maltreatment, and removal must take place without parental or court order, in
such situations, removal must be completed by law enforcement officials or a duly authorized
officer of the court.
Any law enforcement officer has the authority and responsibility to take necessary action to
protect children from immediate danger. This authority allows the officer to take a child into
custody without a court order. If immediate medical treatment is needed, the officer is further
authorized to take the child directly to a medical facility, giving notice of this action promptly to
Juvenile Court and DFCS.
If a law enforcement officer removes a child, the officer should not expect that DFCS will take
placement responsibility for that child without first having a judge’s signed order or the signed
approval from a delegated court authority. If any law enforcement agency leaves a child at a
DFCS office without having obtained the required legal documentation, DFCS shall immediately
initiate procedures to obtain an emergency custody order.
Best Interest Determination
The SSCM shall consider the “best interests” of the child whenever making recommendations to
the court. Whenever a best interest determination is required (at any juvenile court proceeding),
the court shall consider and evaluate all of the factors affecting the best interests of the child
based on the child’s age and developmental needs. Such factors shall include:
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1. The physical safety and welfare of the child, including food, shelter, health and clothing;
2. The love, affection, bonding and emotional ties existing between the child and each
parent or person available to care for the child;
3. The love, affection, bonding and emotional ties existing between the child and his/her
siblings, half siblings and step-siblings and the residence of the other children;
4. The child’s need for permanence, including the child’s need for stability and continuity of
relationships with his/her parent, siblings, other relatives and any other person who has
provided significant care to the child;
5. The child’s sense of attachments, including his/her sense of security and familiarity, and
continuity of affection for the child;
6. The capacity and disposition of each parent or person available to care for the child, to
give him/her love, affection and guidance, and to continue the education and rearing of
the child;
7. The home environment of each parent or person available to care for the child related to
the child’s nurturance and safety;
8. The stability of the family unit and the support systems within the community to benefit
the child;
9. The mental and physical health of all individuals involved;
10.The home, school and community history of the child as well as any health or educational
special needs of the child;
11.The child’s community ties including church, school and friends;
12.The child’s background and ties including familial, cultural and religious;
13.The least disruptive placement alternative for the child;
14.The uniqueness of every family and child;
15.The risks to entering and being in substitute care;
16.The child’s wishes and long-term goals;
17.The preferences of the persons available to care for the child;
18.Any evidence of family violence, substance abuse, criminal history or sexual, mental or
physical child abuse in any current, past or considered home for such child;
19.Any recommendation by a court appointed custody evaluator or Guardian Ad Litem
(GAL); and
20.Any other factors considered by the court to be relevant and proper to its determination.
Preliminary Protective Hearing
The purpose of the preliminary protective hearing is to allow the court to determine whether there
is probable cause to believe a child is a dependent child and whether protective custody of a
child is necessary to prevent abuse or neglect pending the hearing on the dependency petition.
At the preliminary protective hearing, the court informs the parties of:
1. The contents of the complaint;
2. The nature of the proceedings; and
3. The parties’ due process rights, including the parties’ right to:
a. An attorney or to an appointed attorney, if they are indigent persons;
b. Call witnesses and to cross-examine all witnesses;
c. Present evidence; and
d. A trial by the court on the allegations in the complaint or petition.
At the preliminary protective hearing, the court may:
1. Dismiss the case and return the child to the parent, guardian or legal custodian;
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2. Return the child to the parent, guardian or legal custodian pending the hearing on the
dependency petition; or
3. May place the child in the temporary custody of DFCS pending the hearing on the
dependency petition.
The judge will hear limited testimony from the parties to determine whether there is probable
cause to believe that the allegations of dependency are true. Limited hearsay evidence may be
allowed with SSCMs having the opportunity to testify to what was told to them by other persons
who are not in attendance at the court proceeding.
The first order signed by a judge sanctioning the removal of the child must contain the “contrary
to the welfare of the child” or “removal from the home is in the best interest of the child” finding.
If the preliminary protective hearing order is the first order signed by the judge, the language and
finding should be contained in this order. A judicial determination may be made at this time as to
whether DFCS has made “reasonable efforts to preserve and reunify families”.
Adjudication Hearing
The purpose of the adjudication hearing is to determine whether the allegations in the petition
are true and if the child is “dependent” under Georgia law. At the adjudication hearing, the issue
is whether the child is a dependent child. The judge may not allow hearsay evidence; thus,
persons with firsthand knowledge of the matter must personally testify. DFCS bears the burden
of proof that the allegations in the petition they filed are true by clear and convincing evidence. If
the court finds the allegations in the petition are true, it should make both specific findings of fact
and conclusions of law. If the child is found to be dependent, the court may immediately, or
within thirty (30) days, make a disposition. A judicial determination must be made at this time
and in court orders for later hearings as to whether DFCS is making “reasonable efforts to
preserve and reunify families”. If the child is not found dependent, the court shall dismiss the
petition and order the child discharged from foster care.
The following persons shall have a right to participate in the adjudication hearing:
1. The parent, guardian or legal custodian of the child, unless such person cannot be
located or fails to appear despite being notified;
2. The attorney and GAL of the child;
3. The child, unless the court finds that being present is not in the child’s best interests;
4. The attorneys for the parent, guardian or legal custodian of the child;
5. The assigned SSCM; and
6. The SAAG.
The following persons may also be present at an adjudication hearing if the court finds it is in the
child’s best interest:
1. Any relative or other persons who have demonstrated an ongoing commitment to a child
and with whom he/she might be placed;
2. A DFCS employee involved with the case;
3. An advocate as requested by the parent, guardian or legal custodian;
4. Other persons who have knowledge of or an interest in the welfare of the child.
Disposition Hearing
The disposition hearing is often held immediately following the adjudication hearing, but the court
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may schedule it at a later date. The purpose of the disposition hearing is to determine what
actions and recommendations are in the best interest of the protection and physical, emotional,
mental and moral welfare of the child now that he/she has been found “dependent”. The court
may consider any evidence, including hearsay evidence. (See policy 3.3 Legal: Court Orders
and Placement Authority)
Before determining the appropriate disposition, the court shall receive, not less than forty-eight
(48) hours prior to the disposition hearing, the following in evidence:
1. The social study report (usually the Comprehensive Child and Family Assessment
(CCFA) should suffice); and
2. The child’s proposed written case plan.
NOTE: If the court elects to hold the disposition hearing in conjunction with the adjudication
hearing, timeframes for submitting the initial case plan, social study and diligent search will be
shortened. Thus, the SSCM will need to ensure the case plan and social study are completed
and submitted to the court at least 48 hours prior to the disposition hearing and the diligent
search is completed before the disposition hearing.
The court shall also consider:
1. Any study or evaluation made by the GAL;
2. Any psychological, medical, developmental or educational study or evaluation of the child;
and
3. Other relevant evidence, including, but not limited to, the willingness of the caregiver to
provide permanency for the child if reunification is not successful.
Prior to a disposition hearing and upon request, the parties and their attorneys shall be given an
opportunity to examine any written report received by the court. Portions of written reports may
be withheld by the court. Parties and their attorneys shall be given the opportunity to dispute
written reports and to cross-examine individuals making the reports. At the conclusion of the
disposition hearing, the court shall set the time and date for the first periodic review hearing and
the permanency plan hearing.
Social Study
If the allegations of the dependency petition are admitted or after the child is adjudicated
dependent, the court may direct a person to complete a written social study and report. In most
situations, the CCFA will serve as the social study for the case.
A social study shall include, but not be limited to, a factual discussion of the following:
1. The plan for reunification and for achieving permanency for the child if reunification efforts
fail;
2. Whether it is in the best interests of the child to grant reasonable visitation rights to
his/her other relatives to maintain and strengthen the child’s family relationships;
3. Whether the child has siblings under the court’s jurisdiction, and if so:
a. The nature of the relationship between the child and his/her siblings;
b. Whether the siblings were raised together in the same home and whether they
have shared significant common experiences or have existing strong bonds;
c. Whether the child expresses a desire to visit or live with his/her siblings and
whether ongoing contact is in the child’s best interest;
d. The appropriateness of developing and maintaining sibling relationships;
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e. If siblings are not placed together, why they are not placed together, the efforts
being made to place them together or why those efforts are not appropriate;
f. If siblings are not placed together, the frequency and nature of visitation with
siblings;
g. The impact of the sibling relationship on the child’s placement and planning for
legal permanence.
4. The appropriateness of a placement with a relative; and
5. Whether a caregiver desires and is willing to provide permanency for the child if
reunification is not successful.
FORMS AND TOOLS
Courtroom Preceedings Tips for Case Managers
Legal Services Request/Report