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Page 1 of 5
CODES/REFERENCES
NOTE: This policy applies to permanent custody orders in effect prior to 1/1/2014 as
O.C.G.A §15-11-58 (i) (2) became obsolete effective 01/01/14. Previous transfers of permanent
custody shall continue to be reviewed by the courts.
REQUIREMENTS
The Division of Family and Children Services (DFCS) shall, upon the designation by the court,
review the custodial placement of a child with a relative, non-relative, or out-of- state custodian,
agency or organization to determine whether the custodian continues to be qualified to care for
the child. When designated by the court, DFCS shall:
1. Ensure the reviews are completed and timely submitted to the court.
a. If the custodian is a relative, then the review and report are due within 36 months
of the placement and every 36 months thereafter; or
b. If the custodian is a non-relative, out-of state individual (relative or non- relative),
or an agency or organization, then the review and report are due within 12 months
of the placement and every 12 months thereafter.
2. If the placement resource resides in Georgia, conduct a home visit with the custodian and
subject child(ren) in conjunction with the review process;
3. For custodial relatives living outside of Georgia, who receive a Relative Care Subsidy
(RCS), the Social Services Case Manager (SSCM) must make a request through the
Interstate Compact on the Placement of Children (ICPC) to conduct a home visit during
the review process. If ICPC in the other state denies the request, reviews shall be
completed via telephone and/or other forms of telecommunication.
4. Ensure that some portion of every visit with the child occurs in private, away from the
presence of the custodian and other household members.
5. Utilize the Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36) Month form for
completion of reviews for all custodial placements.
DFCS shall, upon the request of Juvenile Court, provide assistance with a court review
designated to another entity, by providing contact information to assist in locating the child and
custodian. The Juvenile Court will make such requests using Request for Assistance in
Completing Court Review of Child placed in the Temp Custody of Relative, Non-Relative Out-of-
State Custodian or Agency Until the Age of 18.
PROCEDURES
Upon designation by the court to complete the review, the assigned SSCM will:
1. Review the request with the Social Services Supervisor (SSS) to determine the following:
GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES
CHILD WELFARE POLICY MANUAL
Chapter: (3) Legal
Effective
Date:
December 2014Policy
Title:
Court Review of Custodial Orders
Policy
Number:
3.9
Previous
Policy #:
1002.3.8
Page 2 of 5
a. Type of Custodial Placement:
i. Relative
1. Is relative living in or out of Georgia?
2. Is relative receiving RCS?
ii. Non-relative, agency or organization (Georgia or other state).
b. Timeframe for completing review for submission to the court.
2. Conduct the review:
a. For custodians living within Georgia the SSCM shall:
i. Mail, email or fax the Subsidy or Court Review Six (6), Twelve (12) or
Thirty-Six (36) Month form to the custodian prior to the home visit for their
review and completion.
ii. Assess the custodian’s/family’s capacity to continue to provide for the
child(ren)’s safety, well-being and permanency.
1. Conduct a home visit and interview the child, custodian and other
household members;
NOTE: A portion of the interview with the child must be conducted in
private and away from the presence of the custodian and other
household members;
2. Ensure all information included in the Subsidy or Court Review Six
(6), Twelve (12) or Thirty-Six (36) Month form is discussed and
documented;
3. Contact collaterals including school, health care providers and other
relevant parties to obtain/verify information.
NOTE: An Authorization for Release of Information form must be
signed by the custodian before any contact is made with collaterals.
iii. Discuss the Terms and Conditions, included in the Relative Care Subsidy
Renewal Application and Agreement with all relative custodians receiving
the RCS and present for their signature.
b. For relative custodians living out of Georgia, who are receiving the RCS, the
SSCM will:
i. Make an ICPC request to conduct a home visit to interview the custodian,
child(ren) and other household members. Include the following in the
request:
1. ICPC Request Form-Form 100A;
2. ICPC Request Letter (See Sample ICPC Letter for
Custodial/Subsidy Reviews);
3. Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36)
Month form;
4. Relative Care Subsidy Renewal Application and Agreement.
ii. If ICPC denies the request, the SSCM shall conduct the review through
telephone contact with the child’s custodian, household members, health
care provider, school and other relevant collaterals.
1. The Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36)
Month form and Relative Care Subsidy Renewal Application and
Agreement must be faxed, emailed or mailed to the custodian prior
to the telephone interview for their review and completion;
2. Assess the custodian/family’s capacity to continue to provide for the
child(ren)’s safety, well-being and permanency;
Page 3 of 5
i. Interview the custodian, child(ren) and other household
members;
ii. Ensure all information included in the Subsidy or Court
Review Six (6), Twelve (12) or Thirty-Six (36) Month form is
discussed;
iii. Contact collaterals including the school, health care providers
and other relevant parties to obtain/verify information;
NOTE: A release of information form must be signed by the
custodian before any contact is made with collaterals.
3. Discuss the Terms and Conditions included in the Relative Care
Subsidy Renewal Application and Agreement with the relative
custodian and request they sign and return to DFCS via mail, fax or
email.
c. For custodians outside of Georgia, (with the exception of relative custodians
receiving the RCS), the SSCM shall conduct the review through telephone
interviews with the child(ren), custodian, household members, health care
provider, school and other relevant collaterals:
i. The Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36) Month
form shall be faxed, emailed or mailed to the custodian prior to the phone
interview for their review and completion;
ii. Assess the custodian’s capacity to continue to provide for the child(ren)’s
safety, well-being and permanency;
1. Interview the child(ren), custodian and other household members;
2. Ensure all information included in the Subsidy or Court Review Six
(6), Twelve (12) or Thirty-Six (36) Month form is discussed;
3. Contact collaterals including the child(ren)’s school, health care
providers and other relevant parties to obtain/verify information;
NOTE: An Authorization for Release of Information form must be
signed by the custodian before any contact is made with collaterals.
d. For cases in which DFCS has been designated to conduct the review by the court
and the child/custodian cannot be located:
i. Notify the court designee, within 72 hours that the child(ren)/custodian
cannot be located, and that a subsequent report will follow detailing efforts
to locate;
ii. Make diligent efforts to locate by:
1. Completing a file review and an ACCURINT database search for the
custodian, child, relatives, etc.;
2. Making contact via telephone, email or mail to all listed
addresses/phone numbers of the custodian/child(ren), listed in the
file or in the ACCURINT report;
3. Contacting all known or listed relatives to determine if they are
aware of the family’s new address and/or phone number;
4. Completing a search of social media to determine other possible
contact options;
5. Making an unannounced visit to the original location for purposes of
verifying that the family vacated this location. Area neighbors may
be interviewed to determine if they are aware of where the family
moved;
Page 4 of 5
6. If a custodial relative receiving RCS, verify the subsidy address on
file and any address changes;
7. If the family has school age children, contact area schools to
determine if the family has withdrawn the children from school and
has informed the school of the new address for school record
transfer purposes;
8. If the family lived in an apartment, trailer or other rented location,
contact the landlord/rental office to determine if the family has given
a change of address notification;
9. Screen SUCCESS to determine if the family has notified the
eligibility worker of their new address;
10.Contact the Division of Child Support Services (DCSS) office to
determine whether the family has given notification of a new
address;
11.Contact the child(ren)’s medical provider or area health departments
to determine if the family has advised the medical community of its
new address;
12.Contact the U.S. Postal Service to determine if the family has
submitted a change of address; and
13.Advise outside sources to notify DFCS at any time they become
aware of the family’s location.
iii. If the child is on runaway status or is missing, discuss/work with the
custodian to do the following: (See policy 10.24 Foster Care: Missing
Children)
1. Notify law enforcement;
2. Call 1-800-THE-LOST (800-843-5678) – National Center for Missing
and Exploited Children to report the child missing;
3. Contact the child’s parents, other relatives, friends, etc.
iv. Document in the narrative of the Contact Detail in SHINES all efforts to
locate the family, including recommendations and responses from each
source contacted.
3. Complete the Report:
a. Complete the Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36)
Month form or Court Transfer Review (12/36 Month) Diligent Search (for unable to
locate cases) and obtain appropriate approvals.
NOTE: Report should reflect a compilation of information obtained from the family
and collateral,
b. For cases involving RCS, the relative must sign the Relative Care Subsidy
Renewal Application and Agreement,
i. A copy must be provided to the relative custodian; and
ii. Maintain a copy in the case record.
4. Submit only the Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36) Month
form or Court Transfer Review (12/36 Month) Diligent Search to Juvenile Court.
Upon receipt of the Juvenile Court’s request via the Request for Assistance in Completing Court
Review of Child placed in the Temp Custody of Relative, Non-Relative Out-of-State Custodian or
Agency Until the Age of 18, the SSCM will:
1. Review the request with the supervisor to determine how to proceed;
Page 5 of 5
2. Conduct an ACCURINT database search for the child(ren) and relatives;
3. Conduct a file review for information on the child(ren) and relatives;
4. Complete and submit the Response to Request for Assistance in Completing Court
Review of Child placed in the Temp Custody of Relative, Non-Relative Out-of-State
Custodian or Agency Until the Age of 18 to Juvenile Court,
a. Provide the custodian’s contact information obtained from database search and file
review.
NOTE: The ACCURINT Report must not be given to the court or other entity completing
the court review.
PRACTICE GUIDANCE
When assessing the caregiver custodian to determine whether they continue to be qualified to
provide care for the child, always utilize the safety and risk framework. Parental capacity and
child vulnerabilities must be assessed to assure the child’s safety, permanency and well-being.
Also determine the following:
1. Are the child(ren)’s health and medical needs being met?
2. Are the child(ren)’s emotional needs being met?
3. Are the child(ren)’s educational needs being met?
4. Does the caregiver ensure that the child receives appropriate services when there are
identified needs?
5. Is the child thriving in the care of the caregiver?
6. Is the living environment safe? Are there immediate threats or harm or emerging
dangers?
7. Are there competing needs within the family, impacting the caregiver’s ability to continue
to provide appropriate care for the child?
8. What information was provided by all collateral contacts (health provider, school officials,
etc.) regarding child vulnerabilities and parental capacity?
FORMS AND TOOLS
Authorization for Release of Information
Court Transfer Review (12/36 Month) Diligent Search
ICPC Letter for Custodial/Subsidy Reviews - Sample
Relative Care Subsidy Renewal Application and Agreement
Request for Assistance in Completing Court Review of Child placed in the Temp Custody of
Relative, Non-Relative Out-of-State Custodian or Agency Until the Age of 18
Response to Request for Assistance in Completing Court Review
Notification Letter to Custodian/Guardian for 12 or 36 Month Review - Sample
Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36) Month

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3.9 court review of custodial orders

  • 1. Page 1 of 5 CODES/REFERENCES NOTE: This policy applies to permanent custody orders in effect prior to 1/1/2014 as O.C.G.A §15-11-58 (i) (2) became obsolete effective 01/01/14. Previous transfers of permanent custody shall continue to be reviewed by the courts. REQUIREMENTS The Division of Family and Children Services (DFCS) shall, upon the designation by the court, review the custodial placement of a child with a relative, non-relative, or out-of- state custodian, agency or organization to determine whether the custodian continues to be qualified to care for the child. When designated by the court, DFCS shall: 1. Ensure the reviews are completed and timely submitted to the court. a. If the custodian is a relative, then the review and report are due within 36 months of the placement and every 36 months thereafter; or b. If the custodian is a non-relative, out-of state individual (relative or non- relative), or an agency or organization, then the review and report are due within 12 months of the placement and every 12 months thereafter. 2. If the placement resource resides in Georgia, conduct a home visit with the custodian and subject child(ren) in conjunction with the review process; 3. For custodial relatives living outside of Georgia, who receive a Relative Care Subsidy (RCS), the Social Services Case Manager (SSCM) must make a request through the Interstate Compact on the Placement of Children (ICPC) to conduct a home visit during the review process. If ICPC in the other state denies the request, reviews shall be completed via telephone and/or other forms of telecommunication. 4. Ensure that some portion of every visit with the child occurs in private, away from the presence of the custodian and other household members. 5. Utilize the Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36) Month form for completion of reviews for all custodial placements. DFCS shall, upon the request of Juvenile Court, provide assistance with a court review designated to another entity, by providing contact information to assist in locating the child and custodian. The Juvenile Court will make such requests using Request for Assistance in Completing Court Review of Child placed in the Temp Custody of Relative, Non-Relative Out-of- State Custodian or Agency Until the Age of 18. PROCEDURES Upon designation by the court to complete the review, the assigned SSCM will: 1. Review the request with the Social Services Supervisor (SSS) to determine the following: GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES CHILD WELFARE POLICY MANUAL Chapter: (3) Legal Effective Date: December 2014Policy Title: Court Review of Custodial Orders Policy Number: 3.9 Previous Policy #: 1002.3.8
  • 2. Page 2 of 5 a. Type of Custodial Placement: i. Relative 1. Is relative living in or out of Georgia? 2. Is relative receiving RCS? ii. Non-relative, agency or organization (Georgia or other state). b. Timeframe for completing review for submission to the court. 2. Conduct the review: a. For custodians living within Georgia the SSCM shall: i. Mail, email or fax the Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36) Month form to the custodian prior to the home visit for their review and completion. ii. Assess the custodian’s/family’s capacity to continue to provide for the child(ren)’s safety, well-being and permanency. 1. Conduct a home visit and interview the child, custodian and other household members; NOTE: A portion of the interview with the child must be conducted in private and away from the presence of the custodian and other household members; 2. Ensure all information included in the Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36) Month form is discussed and documented; 3. Contact collaterals including school, health care providers and other relevant parties to obtain/verify information. NOTE: An Authorization for Release of Information form must be signed by the custodian before any contact is made with collaterals. iii. Discuss the Terms and Conditions, included in the Relative Care Subsidy Renewal Application and Agreement with all relative custodians receiving the RCS and present for their signature. b. For relative custodians living out of Georgia, who are receiving the RCS, the SSCM will: i. Make an ICPC request to conduct a home visit to interview the custodian, child(ren) and other household members. Include the following in the request: 1. ICPC Request Form-Form 100A; 2. ICPC Request Letter (See Sample ICPC Letter for Custodial/Subsidy Reviews); 3. Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36) Month form; 4. Relative Care Subsidy Renewal Application and Agreement. ii. If ICPC denies the request, the SSCM shall conduct the review through telephone contact with the child’s custodian, household members, health care provider, school and other relevant collaterals. 1. The Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36) Month form and Relative Care Subsidy Renewal Application and Agreement must be faxed, emailed or mailed to the custodian prior to the telephone interview for their review and completion; 2. Assess the custodian/family’s capacity to continue to provide for the child(ren)’s safety, well-being and permanency;
  • 3. Page 3 of 5 i. Interview the custodian, child(ren) and other household members; ii. Ensure all information included in the Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36) Month form is discussed; iii. Contact collaterals including the school, health care providers and other relevant parties to obtain/verify information; NOTE: A release of information form must be signed by the custodian before any contact is made with collaterals. 3. Discuss the Terms and Conditions included in the Relative Care Subsidy Renewal Application and Agreement with the relative custodian and request they sign and return to DFCS via mail, fax or email. c. For custodians outside of Georgia, (with the exception of relative custodians receiving the RCS), the SSCM shall conduct the review through telephone interviews with the child(ren), custodian, household members, health care provider, school and other relevant collaterals: i. The Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36) Month form shall be faxed, emailed or mailed to the custodian prior to the phone interview for their review and completion; ii. Assess the custodian’s capacity to continue to provide for the child(ren)’s safety, well-being and permanency; 1. Interview the child(ren), custodian and other household members; 2. Ensure all information included in the Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36) Month form is discussed; 3. Contact collaterals including the child(ren)’s school, health care providers and other relevant parties to obtain/verify information; NOTE: An Authorization for Release of Information form must be signed by the custodian before any contact is made with collaterals. d. For cases in which DFCS has been designated to conduct the review by the court and the child/custodian cannot be located: i. Notify the court designee, within 72 hours that the child(ren)/custodian cannot be located, and that a subsequent report will follow detailing efforts to locate; ii. Make diligent efforts to locate by: 1. Completing a file review and an ACCURINT database search for the custodian, child, relatives, etc.; 2. Making contact via telephone, email or mail to all listed addresses/phone numbers of the custodian/child(ren), listed in the file or in the ACCURINT report; 3. Contacting all known or listed relatives to determine if they are aware of the family’s new address and/or phone number; 4. Completing a search of social media to determine other possible contact options; 5. Making an unannounced visit to the original location for purposes of verifying that the family vacated this location. Area neighbors may be interviewed to determine if they are aware of where the family moved;
  • 4. Page 4 of 5 6. If a custodial relative receiving RCS, verify the subsidy address on file and any address changes; 7. If the family has school age children, contact area schools to determine if the family has withdrawn the children from school and has informed the school of the new address for school record transfer purposes; 8. If the family lived in an apartment, trailer or other rented location, contact the landlord/rental office to determine if the family has given a change of address notification; 9. Screen SUCCESS to determine if the family has notified the eligibility worker of their new address; 10.Contact the Division of Child Support Services (DCSS) office to determine whether the family has given notification of a new address; 11.Contact the child(ren)’s medical provider or area health departments to determine if the family has advised the medical community of its new address; 12.Contact the U.S. Postal Service to determine if the family has submitted a change of address; and 13.Advise outside sources to notify DFCS at any time they become aware of the family’s location. iii. If the child is on runaway status or is missing, discuss/work with the custodian to do the following: (See policy 10.24 Foster Care: Missing Children) 1. Notify law enforcement; 2. Call 1-800-THE-LOST (800-843-5678) – National Center for Missing and Exploited Children to report the child missing; 3. Contact the child’s parents, other relatives, friends, etc. iv. Document in the narrative of the Contact Detail in SHINES all efforts to locate the family, including recommendations and responses from each source contacted. 3. Complete the Report: a. Complete the Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36) Month form or Court Transfer Review (12/36 Month) Diligent Search (for unable to locate cases) and obtain appropriate approvals. NOTE: Report should reflect a compilation of information obtained from the family and collateral, b. For cases involving RCS, the relative must sign the Relative Care Subsidy Renewal Application and Agreement, i. A copy must be provided to the relative custodian; and ii. Maintain a copy in the case record. 4. Submit only the Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36) Month form or Court Transfer Review (12/36 Month) Diligent Search to Juvenile Court. Upon receipt of the Juvenile Court’s request via the Request for Assistance in Completing Court Review of Child placed in the Temp Custody of Relative, Non-Relative Out-of-State Custodian or Agency Until the Age of 18, the SSCM will: 1. Review the request with the supervisor to determine how to proceed;
  • 5. Page 5 of 5 2. Conduct an ACCURINT database search for the child(ren) and relatives; 3. Conduct a file review for information on the child(ren) and relatives; 4. Complete and submit the Response to Request for Assistance in Completing Court Review of Child placed in the Temp Custody of Relative, Non-Relative Out-of-State Custodian or Agency Until the Age of 18 to Juvenile Court, a. Provide the custodian’s contact information obtained from database search and file review. NOTE: The ACCURINT Report must not be given to the court or other entity completing the court review. PRACTICE GUIDANCE When assessing the caregiver custodian to determine whether they continue to be qualified to provide care for the child, always utilize the safety and risk framework. Parental capacity and child vulnerabilities must be assessed to assure the child’s safety, permanency and well-being. Also determine the following: 1. Are the child(ren)’s health and medical needs being met? 2. Are the child(ren)’s emotional needs being met? 3. Are the child(ren)’s educational needs being met? 4. Does the caregiver ensure that the child receives appropriate services when there are identified needs? 5. Is the child thriving in the care of the caregiver? 6. Is the living environment safe? Are there immediate threats or harm or emerging dangers? 7. Are there competing needs within the family, impacting the caregiver’s ability to continue to provide appropriate care for the child? 8. What information was provided by all collateral contacts (health provider, school officials, etc.) regarding child vulnerabilities and parental capacity? FORMS AND TOOLS Authorization for Release of Information Court Transfer Review (12/36 Month) Diligent Search ICPC Letter for Custodial/Subsidy Reviews - Sample Relative Care Subsidy Renewal Application and Agreement Request for Assistance in Completing Court Review of Child placed in the Temp Custody of Relative, Non-Relative Out-of-State Custodian or Agency Until the Age of 18 Response to Request for Assistance in Completing Court Review Notification Letter to Custodian/Guardian for 12 or 36 Month Review - Sample Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36) Month