1. Page 1 of 1
CODES/REFERENCES
N/A
DISCUSSION
Child welfare policy is guided by Federal and State laws as well as good social work practice with
the intent of preserving families, whenever possible, and ensuring the safety, well-being and
permanency of children. The Juvenile Court is a significant part of the child welfare network.
Determining when to initiate Juvenile Court action is one of the most important and difficult decisions
made in Child Protective Services (CPS). Involving the court too quickly may be a misuse of the
authority granted both CPS and the court. Involving the court at any time may alter the relationship
with parents and children to an adversarial one. However, not involving the authority and protection
of the court, when necessary, may constitute a failure to adequately protect the child and a failure to
discharge the child protective services authority given to DHS.
Child welfare and law enforcement agencies have a specific legal authority to investigate, to
intervene and to protect children from maltreatment. Critical to this role is the ability to differentiate
unintentional, circumstantial or isolated incidents of maltreatment from deliberate, cruel or repeated
maltreatment. Some parents cannot or will not provide care or protect their children. The
investigation of child maltreatment is complicated by the knowledge that parents may not tell Social
Services Case Managers (SSCM) the truth, and victim children may not disclose maltreatment.
While human behavior is remarkably unpredictable, one of the best predictors of future behavior is
past behavior. Generally, the longer a behavior has occurred the more difficult it is to change and
the more likely it is that the behavior will reoccur. A child’s right to protection and safety outweigh a
parent’s right to the child when there is serious maltreatment.
Legal services are provided to County Departments by the Special Assistant Attorney General
(SAAG) who is appointed by the Attorney General’s Office. The expertise of the SAAG in
representing the County Department, including researching legal questions, consulting on a case,
preparing staff to testify, etc., is essential for the SSCM to effectively perform his/her roles,
especially in relation to dependency and termination proceedings. Thus, establishing and
maintaining a good DFCS-SAAG relationship through activities such as regular meetings,
information sharing and cross training is important. The SSCM must be knowledgeable of child
welfare laws and other legal issues in order to provide helpful information and timely documentation
to the SAAG.
FORMS AND TOOLS
N/A
GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES
CHILD WELFARE POLICY MANUAL
Chapter: (3) Legal
Effective
Date:
December 2014
Policy
Title:
Introduction to Court and Legal
Process
Policy
Number:
3.0
Previous
Policy #:
2102.1 and 1013