Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 1
CODES/REFERENCES
O.C.G.A § Section 15-11-190
O.C.G.A § Section 15-11-191
REQUIREMENTS
The Division of Family and Children Services (DFCS) shall initiate a Comprehensive
Child and Family Assessment (CCFA) for each child entering care via a referral to an
approved provider within one business day of the Preliminary Protective Hearing. The
CCFA shall comply with the standards as described at
http://dfcs.dhs.georgia.gov/support-services-program.
DFCS shall utilize DFCS staff or a state approved/contracted provider to complete the
CCFA.
DFCS shall collaborate with the Amerigroup Care Coordination Team (CCT) to ensure
each child entering foster care receives a Health Check within 10 calendar days of
entering foster care even if they have been seen by a doctor in the recent past. The
Health Check must be completed by a licensed medical provider and the dental
examination must be completed by a licensed dentist (See policy 10.11 Foster Care:
Medical, Dental, and Developmental Needs).
DFCS shall collaborate with the Amerigroup Care Coordination Team (CCT) to ensure
each CCFA includes a Trauma Assessment for each child five years of age and older.
As directed by the court, DFCS shall complete a social study concerning a child that has
been adjudicated as a dependent child. Each social study shall include, but not be
limited to a factual discussion of each of the following subjects:
1. What plan, if any, for the return of the child to his or her parent and for achieving
legal permanency for such child if efforts to reunify fail;
2. Whether the best interests of the child will be served by granting reasonable
visitation rights to his or her other relatives in order 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 such child and his or her siblings;
b. Whether the siblings were raised together in the same home, and whether
GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES
CHILD WELFARE POLICY MANUAL
Chapter: (10) Foster Care
Effective
Date:
August 2014Policy
Title:
Comprehensive Child and Family
Assessment (CCFA)
Policy
Number:
10.10
Previous
Policy #:
1006.1
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 2
the siblings have shared significant common experiences or have existing
close and strong bonds;
c. Whether the child expresses a desire to visit or live with his or her siblings
and whether ongoing contact is in such child’s best interest;
d. The appropriateness of developing or maintaining sibling relationships;
e. If siblings are not placed together in the same home, why the siblings are
not placed together and what efforts are being made to place siblings
together or why those efforts are not appropriate;
f. If siblings are not placed together, the frequency and nature of the visits
between siblings;
g. The impact of the sibling relationship on the child’s placement and
planning for legal permanence;
4. The appropriateness of any placement with a relative of the child;
5. Whether a caregiver desires and is willing to provide legal permanency if
reunification is unsuccessful.
NOTE: If thoroughly completed, the CCFA may be submitted to the court to meet the
social study requirement and shall include all the outlined components.
DFCS shall terminate the CCFA if a child returns home at the 10 day Adjudicatory
Hearing. The provider will be reimbursed for each completed portion of the CCFA
submitted within 10 calendar days of the cancellation.
DFCS and/or the CCFA provider shall attempt to engage all family/household members
in the CCFA process.
DFCS shall require providers to submit the completed CCFA to DFCS no later than 25
calendar days of the referral.
DFCS shall initiate the Supplemental Security Income (SSI) application process on
behalf of any child whose CCFA indicates the presence of mental or physical disabilities
within five business days of receiving the CCFA.
PROCEDURES
The Social Services Case Manager (SSCM) will:
1. Determine if the family and/or child have received any type of formal
assessments within the last 12 months (e.g., medical, social, educational, family
psychological, etc.). If so, determine which CCFA components will need to be
completed during the current placement episode. The assessor must collect the
past records and reports, assemble the information, and incorporate it into the
CCFA.
2. Determine if the CCFA will be completed by the SSCM or an approved provider.
If the latter, select a state approved provider.
3. Select a provider from the approved provider directory available at
http://dfcs.dhr.georgia.gov/fostercare and record the name of the provider on the
Needs and Outcome page in Georgia SHINES, the Statewide Automated Child
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 3
Welfare Information System.
4. Complete the Service Authorization Detail page in Georgia SHINES and submit
the referral to the selected provider within one business day of the Preliminary
Protective Hearing if the child remains in DFCS custody.
5. Notify the CCT of the referral to the CCFA provider within 24 hours of the
Preliminary Protective Hearing. The CCT will contact the DFCS Case Manager
regarding scheduling of medical/dental appointments and send the receipt of
medical/dental information for the assessment to the CCFA provider within 17
days.
6. Within 24 hours of the CCFA provider accepting the referral, provide written
notice of intent to complete the CCFA to the birth family and placement provider
outlining the family assessment process and introducing the selected provider.
7. Within two business days of the provider accepting the referral, make available
for review any background information on the child and parents. Obtain the
appropriate release of information prior to releasing protected health information
on the parents (i.e., HIPAA). Allow the provider to review the record with the
exception of the names of any reporters.
NOTE: Only DFCS staff may copy documents from a case record.
8. Collaborate with the CCFA Provider and schedule a Multi-Disciplinary Team
(MDT) meeting as part of the CCFA within 25 calendar days of a child entering
foster care. Include representatives from at least three professional disciplines
(e.g., public health, mental health, and education) as well as the child, his/her
parents, and their informal support team.
9. Provide the parents written notice of the MDT at least five business days in
advance of the scheduled meeting date.
10.Participate in the MDT meeting
a. Ensure the FTM/MDT recommendations concerning the child’s placement
setting, permanency plan, and service needs (including those of the family
and/or caregiver) are clearly documented.
b. Select reasonable, achievable goals/objectives that address the specific
behaviors or conditions that must be corrected for the child to be safely
returned to the parent.
11.Within five business days of receiving the final CCFA report and billing invoice,
review the CCFA information for quality and accuracy.
a. If the CCFA is incomplete or of poor quality, immediately return it to the
provider with specific information about what must be improved or
changed.
b. If the CCFA is complete and of acceptable quality, immediately approve
the invoice, submit to the supervisor for approval, then forward to regional
accounting for payment.
12.Make appropriate service referrals within five business days to address non-
emergency needs identified in the approved CCFA. Emergency needs require an
immediate service referral.
13.Initiate a home evaluation of any relative identified within the CCFA report as a
potential placement resource.
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 4
14.Submit a copy of the CCFA to the Juvenile Court within 30 days of a child
entering care along with the initial case plan.
If the SSCM (in lieu of a CCFA provider) completes a Family Assessment, the
assessment will include, but is not limited to, the following components:
a. Household Composition/Key Data
b. Prior Agency Involvement
c. Living Arrangements
d. General Financial Status and Employment History
e. Health of All Household Members
f. DHR Form 419, Background Information on State Agency Child
g. Marital Status
h. History of Criminal Activity (list existing or known information; a criminal
records check is not required)
i. Education Status
j. Relationship between Parent and Child
k. Family and Community Resources
l. Family’s Strengths and Needs
m. Summary, Conclusions, and Recommendations
The CCFA provider will:
1. Contact the applicable SSCM by fax or email within 48 hours of receiving the
referral to indicate whether or not the referral will be accepted or declined.
2. Make face-to-face contact with the birth family within two business days of
accepting the referral.
3. Collaborate with the CCT to obtain completed medical, dental, and trauma
assessment for inclusion in the completed CCFA report.
4. Provide written notice to the SSCM within five business days if unable to make
the required face-to-face contact within the designated time frame.
5. Engage all pertinent family members.
6. Explore all available sources of possible information about the family, including
making collateral contacts with individuals/agencies that know or have worked
with the family.
7. Observe family interactions, living conditions, behaviors, etc.
8. Review formal evaluations and treatment summaries (e.g., medical,
psychological, drug and alcohol assessments, etc.)
9. Attend court hearings, MDT and FTMs.
10.Submit completed sections of the CCFA within 10 calendar days of being notified
of the termination or cancellation of the CCFA.
11.Submit the completed CCFA within 25 days of the referral date.
12.Make additions/corrections to the CCFA recommended by DFCS.
If the CCFA is cancelled, the SSCM will:
1. Notify the provider (if applicable) and the CCT as soon as the decision is made to
cancel the CCFA. The initial notification may be made via telephone and followed
by written notification. The CCT must be notified via the Amerigroup GA families
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 5
360º DFCS Form.
2. Include the date of cancellation in the written notification (i.e., date of the
Adjudicatory Hearing returning the child).
3. Document the verbal and written notification of cancellation in the Contact Detail
in Georgia SHINES. Indicate the full name of the person(s) notified.
PRACTICE GUIDANCE
DFCS has multiple strategies for assessing the initial well-being of children entering
foster care and providing follow-up to ensure identified needs are addressed timely and
appropriately. Serious needs may require ongoing treatment long after the child returns
home or to another permanent living arrangement. The SSCM must engage
parents/caregivers at the time of removal, and each subsequent contact, to obtain a
complete picture of each child’s needs. The SSCM must be knowledgeable and
resourceful in utilizing and developing resources to enable children to achieve the
highest level of functioning possible. The CCFA is initiated following the Preliminary
Protective Hearing, if a child remains in DFCS custody. If the Preliminary Protective
Hearing is continued, the CCFA will be initiated after the conclusion of the extended
hearing. This is to avoid initiating a CCFA before the court has ruled that there is
sufficient evidence for the child to remain in foster care until the Adjudicatory Hearing.
Gathering Information
Explore all sources of possible information about the family that will assist in conducting
a family assessment. It may require obtaining a signed Authorization for Release of
Information form. Some ways of obtaining information include:
1. Consulting with the previous Case Managers, Supervisor or other DFCS staff
familiar with the family
2. Reviewing past CPS and Foster Care history
3. Making collateral contacts with individuals/agencies that know or have worked
with the family
4. Observing family interactions, living conditions, behaviors, etc.
5. Accessing reports and records generated from other agencies and/or other
professionals
6. Reviewing formal evaluations and treatment summaries (e.g., medical,
psychological, drug and alcohol assessments, etc.)
7. Obtaining any other source of information pertinent to the assessment process.
Family Engagement
The child and his/her immediate and extended family should be engaged in the
assessment process to gather as complete a picture as possible of the family. Family-
centered approaches such as a FTM are effective ways to involve the family in
assessment, planning and decision-making around the needs of the child. The
assessment information also assists judges, CASAs, citizen panels, and other providers
working with the child and family to gain a better understanding of the:
1. Parental capacities and child vulnerabilities
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 6
2. Degree of parent-child attachment and the child’s sense of belonging
3. Child’s extended family as a potential resource for support and/or placement of
the child
4. Family’s history and/or patterns of behavior (e.g., prior CPS involvement or foster
care placements, past experience with handling crisis, problems with addiction,
criminal behavior, etc.)
5. Strengths and resources which the family can engage
6. Core needs of the family which, at a minimum, must be changed or corrected for
the child to be safely returned within a reasonable period of time
7. Challenges impacting the success of a reunification permanency plan
8. Identified medical, emotional, social, educational and placement-related needs of
the child
Georgia Families 360˚
On March 03, 2014, DFCS transitioned from a standard fee-for-service Medicaid
program to a statewide Medicaid Care Management Organization (CMO) through
Amerigroup Georgia Managed Care Company. The transition impacted children in
DFCS custody and children receiving AA as they became members of a new program
called Georgia Families 360˚ which is separate from Georgia Families, the general
Medicaid program administered by the Georgia Department of Community Health
(DCH). Georgia Families 360˚ is designed to provide coordinated care across multiple
services and focus on the physical, dental, and behavioral needs of member children.
The program is designed to ensure each member has a medical and dental home,
access to preventive care screenings, and timely assessments. It also seeks to ensure
medical providers adhere to clinical practice guidelines and evidence-based medicine.
Amerigroup Care Coordination Teams (CCT) and Care Managers
Each Georgia Families 360˚ member is assigned to a regional Care Coordination Team
with a specified Care Manager. The CCT completes a Health Risk Screening (HRS) on
youth in care to identify medical and/or behavioral needs. They ensure each child is
assigned to a Primary Care Physician (PCP) and Primary Care Dentist so every child
has a medical and dental home. The CCT is responsible for coordinating the health
components of the Comprehensive Child and Family Assessment (CCFA), including the
initial physical examination, dental examination, and trauma assessment.
Care Managers are the primary partner of the SSCM for identifying and making referrals
for needed services. Care Managers ensure each youth has an individualized care plan
that addresses both physical and behavioral health needs. They work with community
agencies to ensure appropriate services are provided.
Any services not authorized by the CCT will not be paid for out of Medicaid. Therefore, it
is imperative that all medical/dental, behavioral health and developmental care be
coordinated with the CCT to avoid any uncovered expenses. See the COSTAR Manual
Section 3001 Family Foster Care Programs an explanation of the “Unusual
Medical/Dental” funding source for children who are not Medicaid eligible or who receive
a service not covered by Medicaid. For youth covered by other forms of Medicaid (i.e.,
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 7
Fee-for-Service) or health coverage, the SSCM should utilize known providers in the
community and contact the assigned Regional Well-Being Specialist for further support
or assistance.
Amerigroup GA Families 360º DFCS Referral Form
DFCS communicates with Amerigroup, Rev Max, and DCH utilizing the Amerigroup GA
Families 360° DFCS Referral Form. It is the primary means for communicating
information about a member in Georgia Families 360˚. The Amerigroup GA Families
360° DFCS Referral Form must be completed and sent to Amerigroup, Rev Max, and
DCH within 24 hours of a youth entering foster care. It should be completed thoroughly
to include demographic information, medical information, placement information, the
identified CCFA provider and other referrals (e.g., Babies Can’t Wait). The referral form
is also used to report updates such as placement changes, a youth exiting care, etc. If
there is information not available at the time of the initial referral to Amerigroup, submit
an Amerigroup GA Families 360° DFCS Referral Form (update) as soon as the
information is obtained. Accurate and timely communication with Amerigroup and Rev
Max is vital to the Medicaid eligibility determination and assignment of a CCT and
service providers. Important decisions regarding the assignment of primary care
providers and referrals are made based upon the information submitted on the referral
form.
Health Check
The initial Health Check assists in identifying a child’s medical, developmental, and
mental health needs and ruling out medical conditions. (See policy 10.11 Foster Care:
Medical, Dental, and Developmental Needs)
Children housed in Youth Detention Centers (YDC), not Regional Youth Detention
Centers (RYDC), are ineligible for Medicaid. Consequently, such children’s health
services will be provided by the YDC, including initial assessments required upon
entering foster care. Once the youth is released from YDC, the SSCM should update
Georgia SHINES to reflect the change in placement and submit an application to Rev
Max for Medicaid eligibility determination.
Trauma Assessments
Trauma can affect many aspects of a child’s life and may lead to secondary problems
that negatively impact safety, permanency, and well-being (e.g., peer relationships,
problems in school, health related problems).The Administration for Children and
Families (ACF), a federal agency in the Department of Health and Human Services, has
informed state child welfare agencies of the need to implement trauma-focused
screening, assessment and treatment for children in foster care. The emotional well-
being of our children is of the utmost importance and is directly correlated to their
ongoing safety and success of permanency plans. Children five years of age and over
are referred for a comprehensive trauma assessment after the completion of the
medication evaluation and after the results of the hearing and vision screening have
been received. The trauma assessment identifies all forms of traumatic events
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 8
experienced directly or witnessed by a child to determine the best type of treatment for
that specific child. In addition to the trauma history, trauma-specific evidence-based
clinical tools assist in identifying the types and severity of symptoms the child is
experiencing. Examples of evidence-based, trauma-specific clinical tools include:
1. UCLA PTSD Index for DSM-IV
2. Trauma Symptom Checklist for Children (TSCC)
3. Trauma Symptom Checklist for Young Children (TSCYC)
4. Child Sexual Behavior Inventory
The trauma assessment must provide recommendations and actions to be taken by
DFCS to coordinate services and meet a child’s needs. Behavioral health providers who
conduct a trauma assessment will provide a report which includes:
1. Trauma history, which informs the agency of information concerning any trauma
the child may have experienced or been exposed to, as well as how they have
coped with the trauma in the past and present
2. A standardized trauma screening tool
3. Summary and recommendations for treatment (if needed)
The inclusion of a trauma assessment as part of the CCFA does not mean there will not
be situations in which other specialized assessment (e.g., psychological evaluations,
psycho-sexual evaluations, psychiatric evaluations, neuropsychological evaluations,
substance abuse assessments or psycho-educational evaluations) will be warranted.
The decision to refer a child for additional assessments must be made on a case-by-
case basis in coordination with the CCT after an overall assessment of the child’s needs
has been completed. If it is determined that a psychological evaluation is needed, prior
authorization must be obtained from the CCT in order for Medicaid to pay for it.
Relative Care Assessment (RCA)
The CCFA may identify relatives that may be explored as placement or visitation
resources. With supervisory approval, a case manager may request a CCFA provider to
complete the RCA (See policy 10.5 Foster Care: Relative/Non-Relative Care
Assessment). The provider must follow the format and all procedures outlined in the
Placement of a Child section of Foster Care policy. The RCA must be requested as part
of the CCFA in order to utilize the CCFA funding source. Refer to the COSTAR Manual
Section 3006 Support Services manual for information regarding funding.
FORMS AND TOOLS
Amerigroup GA Families 360º DFCS Referral Form
Authorization for the Release of Information
COSTAR Manual Section 3001 Family Foster Care Programs
COSTAR Manual Section 3006 Support Services
SECTION I
FOREWORD
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 9
A. INTRODUCTION
A thorough understanding of the family is the foundation of all child welfare
interventions. The assessment process is ongoing and involves gathering facts,
observations and information about and from the family. Since assessment is an
ongoing process, the Social Services Case Manager (SSCM) continually reassesses
the family at each family contact, at every family meeting, during supervisory
conferences, judicial or citizen’s panel reviews, and administrative case reviews to
determine whether the family is making reasonable progress toward the permanency
goal. During the assessment process, information is analyzed and conclusions are
drawn about family strengths and needs. The SSCM gains a better understanding of
the family as a unique system. The assessment process provides insight into how
family members think, feel, behave, relate to others and respond to various situations,
including the removal of the child.
Assessment results are the foundation of the case plan. Assessment outcomes help to
guide staff in making sound decisions about the best placement for the child, the critical
service needs of the child and family, and the most viable plan for achieving
permanency. Initially, the assessment assists staff in making a prognosis regarding the
likelihood for reunification, which is the preferred option for achieving permanency when
safety can be assured.
A formalized assessment known as the Child and Family Comprehensive Assessment
(CCFA) is initiated soon after the child enters care. The child and his/her family, both
immediate and extended, are engaged in the assessment process. Family-centered
approaches such as Family Team Meetings and Multi-Disciplinary Team Staffings are
effective ways to involve the family in assessment, planning and decision-making
around the needs of the child. The Family Assessment is the foundation of the family
case plan and will also assist judges, CASA’s, Citizen Panels, and other providers
working with the child and family to gain a better understanding of the:
 Degree of parent-child attachment and where the child feels a sense of
belonging;
 Child’s extended family as a potential resource for support and/or the placement
of the child;
 Family’s history and/or patterns of behavior; e.g., prior CPS involvement or foster
care placements, past experience with handling crisis, problems with addiction,
criminal behavior, etc.;
 Strengths and resources from which the family can tap;
 Core needs of the family which, at a minimum, must be changed or corrected for
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 10
the child to be safely returned within a reasonable period of time;
 Probability of the child returning home or the likelihood of an alternative
permanency plan; and
 Identified medical, emotional, social, educational and placement-related needs of
the child.
Children entering care are at higher risk than the general population for delays and
disabilities. In addition, the trauma of placement can result in emotional distress and
trauma. Consequently, a comprehensive screening or assessment of the child and
family can have a positive life changing impact, if problems are identified and early
treatment interventions are implemented. Georgia DFCS Foster Care Program
designed the First Placement/Best Placement (FPBP) assessment procedures and
standards now known as the Comprehensive Child and Family Assessment (CCFA).
As required by Social Services Policy 1006 – Assessment and Permanency, a referral
for a Comprehensive Child and Family Assessment (CCFA) is made for every child
entering foster care as soon as the 72-hour hearing is held to detain the child in care. If
the child has received an evaluation in the previous 12 months, a Comprehensive Child
and Family Assessment is not required. A thorough and comprehensive Family
Assessment shall be completed within thirty days of the date of referral. The
assessment information will be used in developing case plans, determining the needs of
the child and family and in sharing with the court.
Children entering foster care will have a Health Check (Early and Periodic Screening,
Diagnostic and Treatment –EPSDT) within ten (10) days of the child’s placement in
foster care at the local health department or with an approved Health Check provider. A
list of approved Health Check providers is located at: www.ghp.georgia.gov. The Health
Check screen will assist in addressing medical, developmental, and mental health
needs of children entering foster care and rule out medical conditions, which may cause
problem behaviors, delays and disorders.
If the county determines the need for a Comprehensive Child and Family Assessment
(CCFA) for a child that has been in care for twelve (12) or more months, to assist in for
permanency planning for the child, the County Director must submit a written waiver
request to the Regional Field Director stating the reason the assessment is needed, the
length of time the child has been in foster care, and the child’s permanency plan.
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 11
CCFA Referral and Assesment Procedure
Child in care 7 days.
Within 24 hours of the provider’s acceptance of the referral, the
SSCM:
1. Sends a referral letter to the parent and caregiver
outlining the process of the CCFA and identifies the
CCFA provider. The CCFA provider receives a copy of
the letter.
2. Provides the provider with a Pre-Evaluation Checklist
with all applicable documents attached.
Within 9 days
of child
entering FC,
DFCS
facilitates the
1st Family
Team Meeting.
DFCS SSCM
schedules the date
and time of the Family
Team Meeting (FTM).
FTM must be held
within nine (9) days of
child’s placement in
FC.
DFCS SSCM
schedules the
date and time of
the Multi-
Disciplinary Team
Meeting (MDT).
MDT must be
held within 21
days of the
referral date.
Provider has 24 hours to
accept or decline the referral
via Form 1.
If the child remains in care following the 72-Hour Hearing,
a referral is made via Form 1, Referral for Assessment, to
an approved CCFA provider.
If the provider
declines the
referral, the
SSCM must
make another
referral.
Within two business days of accepting the referral, the
provider:
1. Must make a face-to-face contact with each family
member referred for services and present a picture
ID yourself and a copy of the referral letter.
2. Schedule a time to review the case record at the
DFCS office.
The Provider
schedules all
necessary
appointments
and provides
transportation
.
Within 10 days of the child entering FC, the child must have a Health Check via the Public Health
Department or with an “Approved Health Check Provider.” DFCS or the provider, if the service is
purchased, accomplishes this step.
Child in care 3 days
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 12
Child in care 10 days
Child in care 25 days
Child in care 30 days
Within 30 days of the child being in care, the initial case
plan is submitted to Juvenile Court.
Within 21 days of the referral, the Provider will
facilitate the MDT meeting. Initial case plan is
completed.
Within 30 days of the referral, the Provider submits
final written report and an assessment invoice to the
designated county staff member. (Unless a waiver
was requested.)
Within 15 days of the
referral, if required, the
CCFA Provider may
request a waiver for up to
15 additional days to
complete the
assessment.
Five calendar days
before the MDT,
DFCS must send
notice ofthe
meeting, and the
intent to develop the
initial case plan to
the birth parent.
If the child is returned home at the 10 Day Hearing,
then the county may:
1. Cancel the CCFA and accordingly
compensate the provider for work
accomplished or
2. Continue the CCFA.
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 13
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 14
B. BASIC RESPONSIBILITIES Comprehensive Child and Family Assessment
(CCFA)
Children and families who have not been assessed when entering the foster care system in the past 12
months must be referred for a Child and Family Comprehensive Assessment. (Policy manual ref.
1006.1)
POLICY AND
PROCEDURES
CASE MANAGER'S
RESPONSIBILITIES
PROVIDER'S
RESPONSIBILITIES
INITIATION
The earliestpointof referral is within
24 hours following the 72-hour
hearing at which time the court
determines thatthe child will be
retained in DFCS custody.
Assessmentservices are initiated.
(DFCS Social Services Policy Manual
ref. 1006)
Note: Providers of services mustbe
licensed and meetthe Standards for
the CCFA established bythe Division.
Only the DFCS approved providers
who appear on the approved provider
listmay provide assessmentservices
(listavailable on the web at
http://dfcs.dhr.georgia.gov/fostercare
(DFCS Social Services Policy Manual
ref. 1006)
ASSESSMENT
The standard components ofa
comprehensive assessmentare:
 Medical/Health Check
(developmental/dental)
 Psychological
 Education
INITIATION
The DFCS SSCM will complete and
provide a referral Form #1 for a
comprehensive assessmentwithin
twenty-four (24) hours of the 72-hour
detention hearing to an approved
provider (SS Policy 1006/CCFA
Standards).
DFCS SSCM will inform the familyof
the CCFA and the FTM at the 72-hour
hearing.
DFCS will schedule the FamilyTeam
Meeting and the Multi-Disciplinary
Team (MDT) meeting.
The Family Team Meeting will be held
within nine days of the child’s
placementin foster care.
The MDT meeting mustbe held within
twenty-one (21) days of the referral
date.
The SSCM will provide the appropriate
release ofinformation forms and a copy
of the shelter order with form #1.
The SSCM will send a standard letter of
intent, twenty-four hours following the
referral date to the parent, relative
and/or placementresource outlining the
family assessmentprocess and
introducing the particular provider
completing the assessment.
The SSCM will provide all necessary
attachments and documents within 24
hours of the provider’s acceptance of
the referral. (SS Policy Manual 1006)
ASSESSMENT
The SSCM will make available for
review by the provider, the parent and
the child's case records within two-days
of the providers acceptance of the
referral. (Social Services Policy Manual
ref. 1006/CCFA Standards)
INITIATION
CCFA Provider will notify the SSCM
by fax or email of the receiptof the
referral and acceptance or decline of
referral within 24 hours of receiving
the referral. (Social Services Policy
Manual ref. 1006/CCFA Standards).
Provider will make face-to-face
contact with the familyreferred for
services within two business days of
the referral date. (Social Services
Policy Manual ref. 1006/CCFA
Standards)
Provider will advise the County DFCS
Office within five days of the date of
the referral if a determination is made
that the provider is unable to assess
a particular familyor the
parent/caregiver is unwilling to
cooperate.(Social Services Policy
Manual ref. 1006/CCFA Standards)
ASSESSMENT
CCFA Provider mustcontactthe
SSCM and/or the supervisor within
two days of accepting the referral to
arrange a date and time to review the
case record. Provider may take
notes of needed information to
complete the assessment.
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 15
POLICY AND
PROCEDURES
CASE MANAGER'S
RESPONSIBILITIES
PROVIDER'S
RESPONSIBILITIES
 Family Assessment
See policy manual - ref. 1006
The SSCM will enroll the child in school
(if appropriate),visit school and/or day
care center according to policy, apply
for Medicaid for each child, and apply
for a social securitycard and a birth
certificate for each child. The SSCM
should begin to prepare a Life Book for
each child. (DFCS Social Services
Policy Manual 1006 and 1011)
Case Manager will complete Form 527
the within the first 5 days of each child
entering care and complete a Form 529
within 5 days of each move. (DFCS
Social Services Policy Manual 1003)
CCFA Provider is responsible for
scheduling all appointments and
arranging transportation.(Social
Services Policy Manual ref.
1006/CCFA Standards) Provider will
schedule all appointments within two
days of the acceptance of the referral.
CCFA Provider will collectrelevant
educational records from the child’s
school.
The mostrecentrecords must
include:grades,discipline reports,
attendance records and
achievements. Provider will have the
educational reportcompleted bythe
appropriate person atthe child's
current school. Provider will review
and interpret educational reportand
summarize in CCFA report. (Social
Services Policy Manual ref.
1006/CCFA Standards).
Provider will arrange and transport
the child to a Health Check Screen
with an approved Health Check
provider within 10 days of the child’s
placementin foster care. Providers
will collectall medical records ifthe
child is medicallyfragile or has
experienced severe physical abuse.
Provider will include the health check
information in the family assessment
report. (Social Services Policy
Manual ref. 1006/CCFA Standards)
Provider will schedule and arrange
transportation to an appointmentfor a
psychological evaluation before the
scheduled MDTmeeting. The
provider is responsible for obtaining
background information and
developing the referral question with
the SSCM. Provider will incorporate
recommendations from the
psychological reportinto the Family
Assessmentwritten report.(Social
Services Policy Manual ref.
1006/CCFA Standards)
Provider will complete the family
assessmentas outlined in the CCFA
Standards,making sure to observe
the parent/ child interaction and
interviewing relatives and friends of
the family. (Social Services Policy
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 16
POLICY AND
PROCEDURES
CASE MANAGER'S
RESPONSIBILITIES
PROVIDER'S
RESPONSIBILITIES
MDT
Following completion ofthe
components ofthe assessment,a
MultidisciplinaryTeam (MDT) staffing
is required as a part of the
assessmentprocess. (DFCS Social
Services Policy Manual ref. 1006)
MDT
The SSCM and/or a DFCS supervisor
mustattend and participate in the MDT
(Social Services Policy Manual ref.
1006/CCFA Standards)
The SSCM will send written notice
within five (5) days of the MDT meeting
to the parent. The SSCM will inform
the parentof the intentto develop the
initial case plan goals atthe MDT
meeting.
The SSCM will complete the Initial Case
Plan with the parentat the Family Team
meeting and/or MDT meeting. The
Case Manager will provide a copy of the
case plan to the parent; send a copy to
the court system for consideration to
become an order of the court. (DFCS
Social Services Policy Manual 1007)
The designated countystaff will review
and approve the provider invoice within
5 days of receiptbefore submitting itto
the appropriate accounting department.
(Social Services Policy Manual ref.
1006/CCFA Standards)
The SSCM mustupdate the case plan
with any medical,dental,educational
and any therapy services every six
months according to policy. (DFCS
Social Services Policy Manual 1007
&1011)
Manual ref. 1006/CCFA Standards).
The provider will complete all areas in
which information is available on the
Form 419. (Social Services Policy
Manual ref. 1006/CCFA Standards)
The provider will complete a
computer generated Genogram on
the family. The Genogram should
reflect the make up of the paternal
and maternal family.
MDT
Provider will facilitate and coordinate
the MDT staffing. (Social Services
Policy Manual ref. 1006/CCFA
Standards)
Provider has 30 days from the date of
the receiptof a referral to complete
the assessment,including gathering
all information and producing a final
written report. (Social Services Policy
Manual ref. 1006/CCFA Standards)
Provider will submitthe final written
report and an assessmentinvoice to
the designated countystaff member
within 30 days from the date of
receiptof the referral or requesta
waiver (for up to an additional 15
days). The waiver mustbe requested
within 15 days of the referral date
(Social Services Policy Manual ref.
1006/CCFA Standards)
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September 2000 Page 17
SECTION II
INITIATING AN ASSESSMENT
A. INTRODUCTION
The permanency planning process begins when the child enters foster care and
continues until goals and objectives of the family case plan are met and services are
terminated. The CCFA reporting standards are based on a time line that is triggered
when a child requires out of home placement and is placed into DFCS custody. The
time line standards were developed to ensure that assessments and reports are
completed in accordance with the key principles of the Adoption and Safe Families Act
(ASFA). ASFA established the national goals for children in the child welfare system as
safety, permanency and well-being.
The most realistic and viable permanency plan, as well as the most appropriate services
to meet the needs of the child and family, are proposed in the Department’s initial case
plan for reunification when safety can be assured. The family assessment is the
foundation of the case plan. It is essential that the CCFA be completed within thirty
days of the child entering foster care to assist in the initial planning for the family.
The Comprehensive Child and Family Assessment (CCFA) is the property of the
Department of Family and Children Services (DFCS) and, therefore, can only be
released to third parties by DFCS staff.
Only State Approved Providers are allowed to complete a Child and Family
Comprehensive Assessment or provide Wrap-Around Services. The approved
CCFA/Wrap-Around Providers are listed on the web at:
http://dfcs.dhr.gerogia.gov/fostercare.
(1) Referrals for an Assessment
The DFCS Social Services Case Manager will complete and provide, to the vendor, a
Referral for Assessment Form # 1 for a comprehensive assessment within 24 hours
of the conclusion of the 72-hour detention hearing, if the child remains in DFCS custody.
The DFCS SSCM should include any significant or unusual information about the child
or family on the referral form (e.g. child is hearing impaired). The referral form must
include the referral date along with the scheduled date of the Family Team Meeting and
the Multi-Disciplinary Team (MDT) meeting. The DFCS SSCM or Supervisor will
facilitate the FTM, which must be held within nine (9) days of the child’s placement in
foster care. The MDT meeting will be facilitated and coordinated by the CCFA provider
and will be held within twenty-one (21) days of the referral date for the assessment. The
SSCM will include the names of family members, friends, etc. who should be invited to
the Family Team Meeting and/or the MDT meeting as part of Form # 1. The SSCM
should notify the parent and family members of the CCFA and the FTM at the 72-hour
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 18
hearing. The DFCS SSCM will provide the name of the local or district public health
representative on the form and will provide appropriate release of information forms and
a copy of the shelter order along with form #1
(2) Provider Acceptance
The provider will notify (by fax or e-mail) the DFCS agency of the receipt and
acceptance or decline of the referral within 24 hours of receiving the referral using Form
1- Comprehensive Child and Family Assessment Provider Referral.
(3) Contact with the Family
Within twenty-four hours (24 hours) of the provider’s acceptance of the referral, the
Social Services Case Manager will send a standard letter of intent to the family and the
placement resource outlining the family assessment process and introducing the
particular vendor completing the assessment. A copy of the letter must also be
provided to the vendor within 24 hours of the acceptance of the referral via email, or fax.
The provider will make face-to-face contact with each family member referred for
services within two business days of receipt of the referral. In making contact, the
provider must present to the family picture identification and a copy of the referral letter.
The DFCS Case manager will assist the provider in gaining access to family
members enrolled in active treatment programs (i.e. alcohol or substance abuse
and/or incarcerated).
(4) Pre-evaluation
The actions identified on the Pre-Evaluation checklist are completed by the SSCM and
provided to the vendor within twenty-four hours of the provider’s acceptance of the
referral. The SSCM is responsible for providing all information and actions listed on the
Pre-Evaluation Checklist. (Sample letters on cc – CPS Case record, Placement,
Assigned Provider)
(5) Copies of Case Record Information
Social Service Case managers are responsible for providing appropriate copies of all
reports and/or other information from any DFCS case files as indicated on the Pre-
evaluation Checklist. SSCM’s are responsible for providing this information to the
provider within 24 hours of the provider’s acceptance of the referral. This
information will aid the provider in completing the assessment.
The Provider must contact the Social Services Case Manager and/or the Supervisor
within two days of accepting the referral to schedule time to review the case record.
Case records must remain in the County DFCS office at all times. Certain portions of
case records remain confidential (e.g. the "reporter" information). The SSCM can
provide relevant copies of any report as long as any specific confidential information is
first concealed.
The Social Services Case Manager is responsible for copying any relevant
information/reports from existing case records and documenting on a Form 452 about
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 19
all released information as follows:
 Information released,
 Date, and
 To whom the information was provided, and if applicable, the reason why
information not appearing on the Pre-Evaluation Checklist was released.
If it is determined that the provider needs information that is not on the Pre-Evaluation
Checklist, the SSCM may only release this information with the approval of the
supervisor (or if outlined by the county, the county director and/or designee may be
required to provide approval).
Note: Once the review is complete, the Reporter’s information must be filed back in the
case record.
(6) Unable to Assess a Family.
The provider will advise the County DFCS Office if they make a determination that they
are unable or unwilling to assess a particular family within five days of the date of
receipt of the referral. The provider will provide written communication stating the
reasons for this decision.
(7) Scheduling and Transportation
The provider is responsible for scheduling all appointments and arranging transportation
to and from appointments. Within two business days of accepting the referral, the
CCFA provider schedules all of the necessary appointments.
(8) Court Appearance
Appearance and/or testimony in court proceedings by the CCFA provider is part of the
assessment process (see page 16). If sixty days beyond the referral date, the CCFA
provider is required to appear/testify in court, the county may reimburse at the rate of
$50.00/hour (professional) and $25.00/hour (paraprofessional). A subpoena is required
and should be submitted with the invoice.
(9) Termination/ Cancellation of a Comprehensive Child and Family
Comprehensive Assessment (CCFA)
The County Department has the right to terminate and/or cancel a CCFA
Comprehensive Child and Family Assessment if a child returns home at the
Adjudicatory (10 Day) Hearing.
The County Department will reimburse the contractor for each completed section of the
CCFA. The invoice with completed work must be submitted within ten (10) calendar
days of cancellation date. The amount reimbursed will be based on the documented
completed work.
If the county views that the CCFA will assist the DFCS agency in continuing to work with
the family, the County Director and/or designee may choose to have the assessment
completed even though the child was returned home.
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September 2000 Page 21
CCFA REFERRAL FORM 1
Indicate Application Type: Medical Assessment/Health Check (0-18) MPI (0-18)
Educational Assessment (5-18); (4 & under, if in early intervention) Psychological (4-18)
Family Assessment (0-18) Relative Home Evaluation (0-18) Adolescent Assessment (14-
18)
Maltreatment (Check all that apply): Physical Neglect Sexual Emotional Other
County Name County Code
Child's Name Child's Case #:
Parent's Name Parent's Phone#:
Parent's Address
DFCS CPS Case Manager: Phone/Fax/Pager:
DFCS Foster Care Case Manager: Phone/Fax/Pager:
DFCS Supervisor Name: Phone/Fax/Pager:
CASA Name: Phone/Fax/Pager:
HOUSEHOLD MEMBERS
Name DOB Relationship In
Home
Out of
Home
Phone #
CHILDREN REMOVED FROM HOME
Name Gender Ethnicity DOB SSN#
Child #1 Male Female
Child #2 Male Female
Child #3 Male Female
Child #4 Male Female
Child #5 Male Female
Child #6 Male Female
Child #7 Male Female
Relationship To Case Child's Current Placement Phone # Medicaid #
Child #1
Child #2
Child #3
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September 2000 Page 22
Child #4
Child# 5
Child #6
Child # 7
Child’s Name: __________________________________Date of Removal:
________________________
Current School:
________________________________________________________________________
School Address & Telephone #:
___________________________________________________________
____________________________________________________________________________________
_
Name of Child(s) Physician: ___________________________ Physician Phone# _________________
Physician
Address______________________________________________________________________
Name of Child(s) Dentist: _____________________________ Dentist Phone#
____________________
Dentist
Address________________________________________________________________________
Reason Child Was Removed:
____________________________________________________________________________________
__
____________________________________________________________________________________
__
____________________________________________________________________________________
__
____________________________________________________________________________________
__
Comments/Additional Information:
____________________________________________________________________________________
Child Protective Services: Family Preservation
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September 2000 Page 23
__
____________________________________________________________________________________
__
____________________________________________________________________________________
__
____________________________________________________________________________________
__
____________________________________________________________________________________
__
Child’s Current Placement: DFCS Foster Home Group / Institutional Placement
Private Agency Foster Home __________________Contact/ Number:
__________/________________
Placement Address / Phone Number:
____________________________________________________________________________________
__
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 24
Multidisciplinary Team Meeting and Family Team Meeting Form 1
Case Name: _____________________________________________________________ Case
# ________________
Individuals listed below should be invited to attend the MDT and/or FTM as indicated.
Please note that participation is not limited to the individuals below. Any persons
identified throughout the course of the CCFA who are appropriate to attend either or
both meetings should also be invited.
Name Relationship
To Parent
Address Phone # Type
MDT FTM
Meeting Date / Time/ Location
Family Team Meeting
Multidisciplinary Team Meeting
Comments:
_____________________________________________________________________________
_____________________________________________________________________________________
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 25
__
_____________________________________________________________________________________
__
_____________________________________________________________________________________
__
_____________________________________________________________________________________
__
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 26
PRE-EVALUATION CHECKLIST FORM 1
Child's Name: ______________________________ Case #:
_________________
Pre-evaluation Checklist. The case manager must provide pre-evaluation information within 24
hours of the provider’s acceptance of the referral. The case manager must complete the actions
on this checklist and provide to the vendor copies of any relevant reports/information from the
case records. See Section II.A. (5).
Referral Questions
Generate referral questions. An individual or a team may generate referral questions. Ideas for a referral
question maybe gathered from case managers,foster parents,biological familymembers,fictive kin, facility
representatives,physician,teachers,etc. Referral questions maybe general or specific.(General:We are
seeking a child’s cognitive abilitylevel, currentachievementlevel and an emotional profile.) (Specifi c:Is this
child mentallychallenged? Does this child have dyslexia? Does this child have ADHD?)
Background Information
Provide background information. The case manager,foster parentand/or facility representative mustbe
available to the psychologistto provide background information and to complete developmental and
behavioral questionnaires.If an adult who has limited knowledge ofthe child provides transportation,then it
is the responsibilityof the case manager and/or facility representative to set up an in-person or telephone
appointment. The purpose ofthis appointmentis to provide the information within one week of the
evaluation so the report can be completed in a timelymanner.
Previous Reports
Provide copies ofprevious reports. Copies ofall prior psychological evaluations,psycho-educational reports
and other relevant reports should be provided to the psychologistwhen the child is transported to the
evaluation.It is the responsibilityof the case manager to determine ifthe child has been receiving special
education services or has been considered for special education services.
Medications
Provide information on medications. Inform the psychologistifthe child is on medication atthe time of the
evaluation.A listof all medications should be provided to the evaluator at the time of the evaluation.
Other Factors or Disabilities
Listany other factors that may assistthe psychologistin conducting the psychological evaluation. Some
examples the case manager is responsible for considering during the pre-evaluation process include:
 Cultural or Language Issues
It is expected that the evaluator will be sensitive to cultural and language issues during the evaluation and
when writing his/her report.
 Specialized Assessments
Children in placementoften exhibit a wide range of problem behaviors ata rate higher than the general
clinical population.These behaviors may require further specialized assessments. These assessments are
not included in the psychological or the CCFA. If a specialized assessmentis required, it is in addition to
the psychological. The county department’s approval is required,for billing purposes,before initiation ofthe
specialized assessment.
 Children Left Unaccompanied
Children/youth shall not be left in the office for an evaluation. The CCFA provider mustcontactthe
case manager,facilityrepresentative or foster-parentimmediately ifthe evaluation is discontinued or an
emergencyarises. Many of these children have been traumatized by the changes in their lives and may not
be able to focus.If it is determined thata valid assessment cannotbe completed, it is the psychologist's
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 27
responsibility to discontinue the session.
_________________________________ ___________________________
Signature of Case Manager Completing Checklist Date Completed
CCFA PROVIDER ACCEPTANCE/DECLINE FORM FORM 1
_____________________County DFCS Date of Referral: __________________________
Case Name: ___________________________________
DFCS Contact Name:_____________________________________________
Phone Number:____________________
Email Address: ________________________________________
Fax Number: _____________________
Supervisor Name: ______________________________________
Phone Number: ___________________
Email Address: ________________________________________
Fax Number: _____________________
CCFA Provider:____________________________________________________
Please review the information provided on Form 1 and indicate
your acceptance or non-acceptance of the referral by fax or e-
mail within 24 hours of receipt to the DFCS contact indicated
above.
Date of Receipt: ______________________
Date of Response: _____________________
Referral Accepted
Referral Assigned To: (Name /License)
_____________________________________ ______________________
Name License
Phone: ________________ Fax: _________________
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September 2000 Page 28
Email: ___________________________
Referral Not Accepted(Please indicate reason)
________________________________________________________________
__
______________________________ _______________________ ______________
CCFA Provider Contact Name Signature Title
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 29
E. Comprehensive Child and Family Assessment (CCFA) Payment Schedule
The county department will decide which components and reports are needed for the
assessment process and will only pay for the completed components. The
Comprehensive Child and Family Assessments (CCFA) will include one or more of the
following components and reports:
 Psychological (ages 4 – 18)
 Family Assessment (age 0 – 18)
 Educational Assessment (age 5 – 18) If child is in early intervention 4 &
under
 Health Check (age 0 - 18), includes a dental screen for (age 3 - 18) and
developmental screen for (age 0 - 3)
 MDT Report (age 0 – 18)
 Family Team Meeting (age 0 – 18)
 Match Profile Instrument (age 0 - 18)
The County Department agrees to pay the contractor per referral according to the
progress payment schedule. Payment is contingent upon the completion of tasks as
identified in the Progress Payment Schedule and compliance with the standards.
1. Comprehensive Child and Family Assessment includes the compilation of
the Comprehensive Child and Family Assessment as well as appearing and
testifying in Court if required and compliance with the (CCFA) standards. The
Comprehensive Assessment must include all components as requested by
the county, facilitation of the MDT meeting, participation in the FTM,
completion of a Genogram, and DFCS Form 419. In addition, information on
relative’s as potential placement resources must be included. Appearance
and testimony in court is within the first sixty days of the assessment and is
compensated as follows:
Amount: $600 one child
$300.00 each additional child
2. Assessment Components includes compilation of any individual component
of the assessment will be reimbursed at the following rates:
Family Assessment $600.00/one child
$300.00/additional child
Educational Component $150.00/child
Medical Component (includes Dental $150.00/child
and Developmental screen) $150.00/child
Psychological $300.00/child
Match Profile Instrument (MPI) $ 75.00/child
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 30
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 31
SECTION III
PSYCHOLOGICAL ASSESSMENT STANDARDS & REPORTS
AGES 4 TO 18
A. INTRODUCTION
To obtain information on the child’s mental health, children (ages 4-18) require a
psychological evaluation when they first enter care using the Comprehensive Child and
Family Assessment (CCFA) standards. Infants and toddlers (age 0-3) will have a
developmental screen as part of the Health Check Screen. See Section VII.
A psychologist participating in the Medicaid program, Peach Care, Georgia Better
Healthcare or the child's insurance plan should complete a Psychological evaluation.
A psychological evaluation is a written report of the information collected during the
evaluation. This report should include, but is not limited to, the psychological status of
the child or adolescent at the time they enter foster care. If the psychological
evaluation yields any psychological or developmental delays or concerns, the
psychological summary and report must provide detailed recommendations and
actions to be taken. The case manager then coordinates services to keep or get the
child or adolescent on target with their age appropriate development.
Every child or adolescent (ages 4-18) must have a psychological evaluation.
NOTE: Do not begin the Psychological Evaluation until the hearing and vision
screening results are available.
(1) Pre-evaluation for a Psychological Evaluation
Before a psychological evaluation is conducted, the case manager or CCFA provider, if
service is purchased, is shall take the following actions:
 Generate a referral question before the request for a psychological evaluation is
sent to the psychologist. (See Pre-Evaluation Checklist) An individual or a team
may generate the referral question. Ideas for a referral question may be
gathered from case managers, foster parents, biological family members, facility
representatives, physician, teachers, etc. Referral questions may be general or
specific. (General: We are seeking a child’s cognitive ability level, current
achievement level and an emotional profile.) (Specific: Is this child retarded?
Does this child have dyslexia? Does this child have ADHD?)
 The provider must have a hearing and vision screening completed prior to
beginning the evaluation. Do not begin the evaluation until the hearing and
vision screening results are available for your records.
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 32
 Provide background information. The case manager, foster parent and/or facility
representative must be available to the psychologist to provide background
information and to complete developmental and behavioral questionnaires. If an
adult who has limited knowledge of the child provides transportation, then it is the
responsibility of the case manager and/or placement provider to set up an in-
person or telephone appointment. The purpose of this appointment is to provide
the information within 72-hours of the evaluation so the report can be completed
in a timely manner.
 Provide copies of previous reports. Copies of all prior psychological evaluations,
psycho-educational reports and other relevant reports should be provided to the
psychologist when the child is transported to the evaluation. It is the responsibility
of the case manager to determine if the child has been receiving special
education services or has been considered for special education services.
 Provide information on medications. Inform the psychologist if the child is on
medication at the time of the evaluation. A list of all medications should be
provided to the evaluator at the time of the evaluation.
Other factors the case manager is responsible for considering during the pre-evaluation
process include:
 Children/youth shall not be left in the office for an evaluation. The CCFA provider
must contact the case manager, facility representative or foster-parent
immediately if the evaluation is discontinued or an emergency arises. Many of
these children have been traumatized by the changes in their lives and may not
be able to focus. If it is determined that a valid assessment cannot be completed,
it is the psychologist's responsibility to discontinue the session.
 It is expected that the evaluator will be sensitive to cultural and language issues
during the evaluation and when writing his/her report.
 Children in placement often exhibit a wide range of problem behaviors at a rate
higher than the general clinical population. These behaviors may require further
specialized assessments.
(2) Psychological Evaluation
A psychological evaluation should include, but is not limited to, a review of the following
domains or areas: (See below for examples of further assessment domains)
 Identifying data
 Reason for referral
 Background
 Past evaluations and treatment
 Behavior observations/mental status
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 Evaluation Results
 DSM IV-Multi-Axial Diagnosis
 Summary and Recommendations
 Must address the referral question and presenting problems
 Validity Statement (e.g. This evaluation appears to be a valid reflection of this
child's level of functioning.)
 Placement Recommendations (if appropriate)
 Treatment Recommendations
 Referrals for Additional Assessment (if necessary)
 Signature of Licensed Psychologist, Date
Children or adolescents may require additional specialized assessments. Examples of
specialized assessments are:
 Dissociative Disorders  Fire setting
 Learning Disability  Neuropsychological
 Occupational Therapy Evaluation  Psychiatric Evaluation
 Sexual Perpetrator  Specialized Medical
 Speech and Language Evaluation
 Substance abuse
 Trauma Assessment (sexual, physical)
(3) Adult Psychological Evaluations and Specialized Assessments
An Assessment by means of Psychological, Psychiatric, Speech Therapy Services
(formerly known as PPST) and specialized assessments may be utilized when Medicaid
is not available. The following are eligible to receive assessment and treatment
services:
 Children in foster care,
 Birth parents of children in care when the permanency plan is reunification or
when another permanency plan may need to be selected,
 Relative care givers of children in care when the permanency plan is placement
with a “fit and willing relative” or when another permanency plan may need to be
selected, and
 Foster Parents serving special needs children who require consultation about a
specific child in the home.
Providers must be licensed for the service performed; i.e., psychiatric and psychological
evaluations and therapy must be conducted by a psychiatrist (M.D.) or by a licensed
clinical psychologist (Ph.D. or Psy.D.). These assessments are charged at the
Medicaid billable amount (Fiscal Services – Section 1016.5). Prior approval from the
county department is required before an adult or specialized assessment is initiated.
If an adult or specialized assessment is recommended, and there is no identified
funding source to cover the cost of the assessment, the county department may
authorize payment using assessment funds. The county department will provide the
CCFA provider with Form 535, Authorization and Claim for Psychological, Psychiatric or
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 34
Speech Therapy Services, completed and signed by the County Director/designee. The
county department must provide instructions to the CCFA provider for submitting the
claim to the county department for services rendered.
(4) Who Can Complete the Psychological Evaluation
Psychological evaluations are to be completed and signed by a licensed psychologist
and/or a psychiatrist. A non-licensed individual from an agency (Bachelor’s level
education or paraprofessional) may accompany the child to the appointment and
provide all background information including the referral question to the Psychologist.
The provider will also ensure that a copy of the Psychological evaluation is submitted
with the CCFA report.
B. AGES 4 TO 18 ASSESSMENT REPORT
The title and format of the report is as described below and must include the following
nine (9) sections. These are minimum standards. Psychologists may expand these
standards to reach assessment goals.
Report Title: Psychological Evaluation Report
1. Identifying Data
 Name
 Date of Birth
 Child's Social Security Number (if applicable)
 Date of Referral
 Date of Evaluation
 Names of the following:
 Parent/Guardian
 Foster parent
 Referring person and agency
2. Reason for Referral
3. Background Information
 History of child/youth
 Present placement
4. Summary of Past Evaluations and Treatment
5. Behavior Observations/Mental Status
6. Evaluation Results
 Include name of test and scores (standard scores, percentiles, grade equivalent
scores)
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 Summarize results and findings of each test
It is the responsibility of the Psychologist to review previous psychological reports to determine if
an IQ test needs to be repeated within the three-year window. If an IQ test does not need to be
repeated, it is expected that the psychologist will use the extra time for extended achievement
screening or personality measures.
The following sections are completed for each child receiving comprehensive
assessment services:
A. Intellectual Assessment
 IQ score from the WISC-III, Stanford-Binet, WAIS-R, DAS (Differential Abilities
Scale), Bayley Scales of Infant Development, WPPSI-R
 An IQ test does not need to be repeated:
 If a child has had an IQ score completed with the WISC-III or Stanford-
Binet within three calendar years,
 If the child was at least 7 (seven) years of age at the time of the earlier IQ
test, and
 If a child will not be referred for Level of Care services.
 An IQ test must be repeated:
 If a child was under 7 (seven) years of age at the time of the earlier IQ
test,
 If the child has had a head injury or evidence of serious mental illness has
emerged since the initial evaluation,
 If the child was not on medication (such as Ritalin) during the earlier
evaluation, and
 If a child will be referred for Level of Care services, an IQ test must be
current and completed within one calendar year.
NOTE: Abbreviated scales (Kaufman Brief Intelligence Test -KBIT or Wechsler
Abbreviated Scale of Intelligence -WASI) are acceptable only if the child's scores fall at
the Low Average or above. Children with Borderline or Intellectually Disabled scores on
an abbreviated instrument will need an IQ score from a Full battery. Children with
evidence of Learning Disabilities will need an IQ score from a Full battery.
B. Adaptive Behavior Scales
 If IQ falls within or below the Mildly Mentally Retarded Range an Adaptive
Behavior Scale must be administered (i.e. Vineland, AAMD).
C. Academic Screening and Assessment.
 WRAT - 3 (Wide Range Achievement Test) may be used for screening. WJ II -
The (Woodcock-Johnson II) or WIAT - (Wechsler Individual Achievement Test) is
preferred for assessment.
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 Assessment will need to target problems highlighted by the screening or referral
question. Further referrals for additional evaluation may be required.
D. Personality Measures
 Choice of measures based on age, referral question, IQ, etc.
 Objective (e.g. MMPI-A, RCDS, RADS)
 Projective (e.g. TAT, RAT-Roberts Apperception Test, Rorschach)
E. Standardized Behavioral Check List
 For example, Achenbach, CAFAS, BASC
 Report significant Problem Areas.
7. DSM IV - Multi-Axial Diagnosis
 Include all 5 axes and numerical codes.
8. Summary and Recommendations
 Summary and recommendations must address the referral question, presenting
problems, and the reason the child came into care.
 Supplemental recommendations may be listed. These recommendations should
address the underlying reasons, which impact the child and family functioning.
 A validity statement should be included (i.e. This evaluation appears to be a valid
reflection of this child’s current level of functioning).
 Recommendations for placement (if appropriate)
 Recommendations for Treatment
 Referrals for additional assessment (if necessary)
9. Name, Signature of Psychologist and Date Completed
 License Number
 Only Licensed Psychologists are eligible to complete and sign psychological
evaluations. Psychometricians may be used to administer and score tests. The
psychologist is responsible for diagnoses, summaries and treatment
recommendations.
NOTE: Standards developed by Wendy Hanevold, Ph.D., Licensed Psychologist #1574
(Georgia) 404-583-7333
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SECTION IV
ASSESSMENT STANDARDS & REPORTS FOR
ADOLESCENTS & YOUNG ADULTS
AGES 14 TO 20.5
A. INTRODUCTION
The adolescent component of the Comprehensive Child and Family Assessment
(CCFA) provides supplemental information to DFCS’ comprehensive assessment
program. The adolescent component is administered to youth, ages 14-18, if at a
Judicial or Citizens Panel Review the plan for permanency changes to emancipation for
the youth and if the assessment is deemed necessary or appropriate as part of the
review plan. The SSCM will coordinate the assessment with the Independent Living
Coordinator (ILC) and ensure a copy of the assessment is forwarded to the ILC when
completed. The adolescent component is designed to generate information critical to
successfully guiding young people in their journey from foster care to achieving self-
sufficiency. The observations and recommendations derived from the assessment are
presented at a Multi-Disciplinary Team (MDT) staffing. The MDT explores service and
treatment options for an adolescent and makes suggestions/recommendations based
on identified strengths and challenges. DFCS staff, judges, youth, Independent Living
Coordinators (ILCs) and others are to consider this information key in developing a
Written Transitional Living Plan (WTLP) and identifying services to assure safety,
permanency and youth well being. The assessment is strength-based and solution-
oriented and is completed in partnership with teens who assist in identifying their own
areas of strength and challenges as they move toward transition.
The adolescent component of the assessment also serves as a determinant for
participation in DFCS’ Transitional Living Program (TLP). The TLP is a supervised,
scattered site apartment program for youth ages 18-21 who are moving from the foster
care system back into communities. Youth appropriate for the TLP Adolescent
Assessment are generally those who:
(1) are between the ages of 17.5 and 20.5,
(2) are currently in foster care with a signed Form 7 (Consent to Remain in Foster
Care),
(3) were formerly in foster care; i.e. youth in Aftercare status, who remained in foster
care until age 18,
(4) have completed high school, and
(5) have assessment approval from the local ILC.
The following areas and domains are evaluated and included as an integral part of the
assessment: (See Section IV, C for a list of required tools used in the Adolescent
Component.)
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1. Independent Living Skills
 Daily Living Tasks
 Self Care
 Housing and Community Resources
 Social Development
 Money Management
2. Family of Origin Strength and Issues
3. Interpersonal Relationships and Social Support Networks
4. Future Perspective
5. Pre-Vocational and Vocational Goals
6. Alcohol and Drug Use
7. Coping Skills and Self Esteem
8. Sensitive Issues
9. Interviews with Youth, Caregivers, Case Managers and Teachers
10. Functioning
(1) Interviews
The assessment is youth centered. Collateral interviews should be completed with
parents, case managers and/or teachers. Collateral material may also be available in
the Family Assessment and Psychological Evaluation.
(2) Report
The report generated from this assessment is to be used to help develop a Written
Transitional Living Plan (WTLP). The WTLP helps to direct the work of the ILC, Life
Coach, Social Services Case Manager and others who serve as a support to the
adolescent. The youth receives a summary of the report and a copy of the WTLP.
(3) Who Can Complete the Adolescent Component
The Adolescent Assessment is to be completed by an individual with a minimum of a
Master’s level of education in Social Work, Counseling, or Psychology with an LCSW,
LMFT or LPC granted by the State of Georgia’s Composite Board of Counselors, Social
Workers, and Marriage and Family Therapists, as well as be in good standing with that
authority. Individuals with a Master’s degree who are under the supervision of an
LCSW, LPC or LMFT may also conduct the Transitional Youth Assessment. In which
case, the Assessment requires two signatures: the licensed supervisor’s and the
Master’s level assessor.
B. ADOLESCENT ASSESSMENT REPORT
The format of the Adolescent Assessment must include the following six sections. The
licensed Master’s level individual must sign the adolescent assessment report.
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Report Title: Adolescent Assessment Report
1. Data Section
2. Background and Summary of the Adolescent Comprehensive Child and Family
Assessment
 Reason for Referral and Background Information (e.g. for youth transitioning out
of foster care, for a significant, extenuating circumstance concerning the child
and/or family, etc.)
 Individual Assessment
 Summarize Assessment Conclusions
 Include Diagnostic Impression:
 Axis I
 Axis II:
 Axis III:
 Axis IV:
 Axis V: Global Assessment of Functioning (Current)
 Family Assessment Recommendations and Conclusions. (Include agency name
and date completed)
3. List Instruments Used
All instruments and the name of the person completing each must be used for youth
ages 14 to 20.5. See Appendix C. for a sample Adolescent Profile.
 Draw Your Strength
 Genogram
 Ecomap
 Draw Your Future
 Road of Life
 Rosenberg Self-Concept Scale
 Alcohol and Drug Questionnaire
 Sensitive Issues Inventory
 ACLSA-Level III
 Interview
4. Results of Assessment
A sample adolescent profile template can be found in Appendix C.
5. Summary and Recommendations
6. Name, Signature and Date Completed
Reminders
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1. Remember to have the following items included in the appendix of the
assessment report for youth under consideration for TLP participation.
 Draw Your Strength.
 Genogram
 Ecomap
 Draw Your Future
 Road of Life
 ACLSA-Level III: Response Summary
2. The provider should provide the youth a copy of the adolescent component of the
assessment after the MDT is completed.
C. ADOLESCENT ASSESSMENT REQUIRED TOOLS
1. Independent Living Skills (Ages 16-20.5)
 Ansell-Casey Life Skills Assessment (ACLSA) This scale is available for free at
www.caseylifeskills.org
 Daily Living Tasks  Self-care
 Housing and
community
resources
 Social
Development
 Money
Management
 Work & Study
Habits
2. Family of Origin (all youth)
 Genogram. To help youth explore their roots and history.
3. Interpersonal Relationships (all youth)
 Ecomaps (Focus on youth’s friendship and social support network)
4. Draw Your Future Perspective (ages 16 - 20.5)
 Have youth write a passage about their goals and dreams.
 Have youth draw their future goals (e.g. crystal ball drawing - present a line
drawing of a crystal ball and ask youth to draw their future)
5. Alcohol and Drug Questionnaire (all youth)
 This is a two-part questionnaire that asks youth about their current and past
substance abuse.
 This questionnaire is not scored. It is a qualitative instrument. The evaluating
team will need to use their professional judgment to determine if a referral for a
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drug screen and/or substance abuse evaluation is recommended. A copy can be
obtained at http://dfcs.dhr.georgia.gov/fostercare.
6. Coping Skills and Self-Esteem (ages 16 - 20.5)
 The designated Self-Esteem – Rosenberg Self-Concept Scale
 Draw Your Strength
7. Life Experience-Inventories and Questionnaires (All Youth)
 Sensitive Issues Inventory-Adolescent. A copy can be obtained at
http://dfcs.dhr.georgia.gov/fostercare
8. Interviews (all youth)
 The assessment is youth centered.
 Collateral interviews should be completed with parents, caseworkers and/or
teachers.
 Collateral material may also be available in the Family Assessment and
Psychological Evaluation.
Note: The above is a list of required instruments and questionnaire. You may add
additional tools and assessment results to the Adolescent (Transitional Youth)
Assessment.
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SECTION V
ASSESSMENT STANDARDS & REPORTS FOR FAMILIES
A. INTRODUCTION
The goal of the Family Assessment is to provide a comprehensive assessment of the
family. The assessment provides the foundation for effective case planning,
intervention and decision-making. DFCS staff uses the assessment information to
assist judges, CASA, Citizen Panels, families and other providers working with the child
and family in making placement decisions and the identification of services to ensure
the safety, permanency and child and family well-being. Observations and information
from the Family Assessment will be presented at the Multi-Disciplinary Team staffing
(MDT). The MDT will explore options for the family and make
suggestions/recommendations about placement and service interventions/provisions for
the family (e.g. family preservation, family therapy, parent aide, etc). Goals that are
positively stated, measurable, and address the specific behaviors or conditions that
must be corrected for the child to be safely returned, will be incorporated in the initial
case plan for the family.
The Case Manager will be responsible for updating the Family Assessment at a
minimum of every two years per Social Services Policy Manual reference 1006
The family assessment must include (if applicable), but is not limited to, the following
information:
 Reason for Referral
 Household Composition/Key Data (See page 39 for various stages)
 Clinical Observation
 Prior Agency Involvement
 Living Arrangements
 General Financial Status and Employment History
 Health of All Household Members
 Marriage Status
 History of Criminal Activity (parents and children)
 Education Status
 Relationship between Parent and Child
 Relationship between Placement Resource and Child
 Family and Community Resources (i.e. Transportation)
 Family's Strengths and Needs
 Relatives and resources for support, placement, and possible permanency
 Efforts to place siblings together and reasons they were not placed together, if
applicable
 Does the parent or child have Native American Heritage?
 Reason child is placed a substantial distance from their home, if applicable.
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 Genogram (as a required attachment)/DHR Form 419
 Summary, Conclusions, and Recommendations
KEY QUESTION: Can the child's parents/caregivers mobilize their internal and
external strengths and resources to successfully meet each of their children's
needs?
Examples of questions to ask during the assessment
 What are the safety and protection issues that must be addressed?
 What are the family's strengths?
 What are the family's limitations and needs?
 What are the factors that need to be reviewed to determine if the child can be safe in
their family?
 Can this family meet the individual child's' needs?
 What are the resources for this family? (Extended Family and Community)
 Does this family have a clear and appropriate hierarchical structure?
 Is this family overly distant (disengaged) or overly close (enmeshed)?
 Are there major substance abuse issues?
 Are there major mental health issues present in this family?
 Is there evidence of a serious personality disorder in one or more caregivers?
 Can the family manage the basic tasks of life, such as providing food and shelter?
 Do the caregivers have the ability to manage their children's behavior in age-
appropriate and safe ways?
 Is there a multigenerational pattern of abuse and neglect?
 What is the parent's level of empathy for each child?
 What has helped this family in the past?
 What is the parent/caregiver's attitude towards available resources?
 How does this family cope with crisis?
 What is the history of sensitive issue? Is this family (trauma, loss) and how have
they coped with past issues?
 How does this family cope with crisis?
 What are the resources for this family?
(1) Dynamic Assessment
Family assessments must be based on a combination of observations, interviews, self-
report measures and social history.
Family self-reporting is insufficient. Family history is insufficient. The family must be
observed in action (enactments). The assessment must be dynamic (it should reveal
the family's energy, style, and behavior). If at all feasible, see families over a period of
time. Having only one observation session may result in a distorted picture.
The focus of the assessment is on the dynamic observations and interactions observed
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during the assessment. Standardized self-report instruments may be used to gather
information. Although a social history and a background information section need to be
included, this section is only one of the sections of the assessment or report. Integrate
the history and background sections into the conclusions and recommendations.
Observations need to confirm or not confirm a self-report. Observe the family in action
and do not accept their report of their behaviors as the primary source for assessment.
All parents must be interviewed. This includes absent or incarcerated, putative,
legal, adoptive or any other parent category not listed. The required method is a
face-to-face interview. If a parent is absent or incarcerated, then a telephone or
written interview is appropriate. In any case, a written explanation must be
included in the report explaining why a face-to-face interview was not
accomplished. This statement should document all attempts to secure interviews.
Extended family members must be contacted. If the custodial parents refuse to permit
contact with extended family members, the DFCS case manager determines if contact
should occur despite the custodial parent's protest. When interviewing the extended
relatives, the provider should explore resources for support, placement and possible
permanency. The Provider may also obtain information on other relatives to contact.
The CCFA Provider should contact DFCS immediately, if a relative is identified as
a placement resource for the child. DFCS may request an approved CCFA provider
to complete a home evaluation on a relative(s).
Key: Observe the family in at least one setting. Use a combination of
unstructured and structured observations. A home visit is required to complete
the Family Assessment.
Note: It is the responsibility of the assessment team to provide age-appropriate
materials to engage children and caregivers for the purpose of observation and
assessment.
(2) Stages of Assessment of Key Family Members
The family subsystems should be seen together and in separate units. It is
recommended that the assessment take place in two or three stages.
Stage I: See the parent/caregiver(s) first. During this stage the family assessor can:
 Determine who is in the household.
 Identify family members (not living in the household) relatives who have an impact or
important role for this family (e.g. grandmothers, parents, etc.). Are any of these
individuals’ potential placement resources for the child?
 Identify non-family members who are important to this family (e.g.
boyfriend/girlfriends, pastors, neighbors, etc.).
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 Obtain a developmental history of the child (children). This history will provide an
opportunity to obtain the parent's perception of their child, knowledge of
developmental issues and parenting skills.
 Explore individual caregiver issues and obtain an initial mental status for each
caregiver. At this stage, it may be determined that a parent(s) require a
psychological evaluation and/or a substance abuse evaluation.
 This first stage can provide an opportunity for the initial assessment of the couple's
relationship.
Stage II: The child (or each child in a sibling group)
 The child should be seen alone to obtain the Child's Perception of his parents and
his family.
 This stage can be included in the Individual Child Assessment.
Stage III: The family subsystems should be seen together and in separate units.
The family should be seen together unless there is a serious, well-documented basis
preventing the family system to be seen as a unit. For example:
 Child with parent (or caregiver) 1 and 2 (both caregivers together with child)
 Child with parent or caregiver 1
 Child with parent or caregiver 2
 Family unit (household unit-parents/caregivers, siblings, target child (children)
 Extended Family/Community: As many family members/community resources
that can be gathered for the assessment.
 Family Team Meeting ("Family Team Meeting” is a gathering of family
members, friends, community specialists and other interested people who join
together to strengthen a family and provide a protection and care plan for
their children." From The Child Welfare Policy and Practice Group).
(3) Who Can Complete the Family Assessment
The Family Assessment is to be completed by an individual with a minimum of a
Master’s level of education in Social Work, Counseling, or Psychology with an LCSW,
LMFT or LPC granted by the State of Georgia’s Composite Board of Counselors, Social
Workers, and Marriage and Family Therapists, as well as be in good standing with that
authority. Individuals with a Master’s degree who are under the supervision of an
LCSW, LPC or LMFT may also conduct the Family Assessment. In which case, the
Assessment requires two signatures: the licensed supervisor’s and the Master’s level
assessor.
B. FAMILY ASSESSMENT REPORT
The title and format of the report is as follows and must include the following nine (9)
sections.
Report Title: Family Assessment Report
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1. Key Data
 Dates and locations of assessment (include who was present during the
assessment on each date)
 Name(s) of assessors
 Name of case manager
 List of key family members (family of origin and family of procreation)
 Interviews with all parents and alleged parents including absent and incarcerated
parents
 Contacts with extended family members. If the custodial parents refuse to permit
contact with extended family members, the DFCS case manager determines if
contact should occur despite the custodial parent's protest.
*Document attempts to reach family members - include date of attempt and how contact
was attempted
 Note the Key Family Members who were seen for assessment
 Note key family members who were not seen during assessment
 Note who lives in home (* might signify lives in home)
 Note who lives outside the home
 Example of Family and Community Members:
Name Age Relationship Seen for
Assessment
Sara Jones 23 Mother Yes No
Thomas B.* 31 Boyfriend Yes No
 Interview Outline
 Interviewed (list all those interviewed, i.e. identified Client, biological
mother, biological sister, maternal half-sister, etc.)
 Not Interviewed (list all not interviewed; i.e. Biological Father). (He is
presently serving a prison sentence in North Carolina)
 Provide following interview information for each interview conducted:
Date Location Present Relationship Age
 Telephone Contacts (List information for each contact as follows)
Date Location Conversation
2. Reason for Referral
State the reason the child/family is being referred for assessment.
3. Family Summary/History
Background information on the child’s and family history
4. Clinical Observation
This section includes behavioral observations of key individuals, couples, parent-child
interactions, and family structure. These findings are not based only on the report, but
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are also gathered through observations and the use of clinical judgment.
5. Areas to Be Assessed
A. Prior Agency Involvement
 Mental Health, DJJ/Corrections, Public Health,
 Economic Support/Social Services/Childcare/Child Support
 Other
B. Living Arrangements
C. General Financial Status and Employment History
D. Health of All Household Members
E. Marriage Status
F. History of Criminal Activity (parents and children)
G. Education Status
H. Safety and Protection
 Review the investigation and determination information and findings from
the Child Protective Services investigation and the Risk Assessment.
I. Caregiver Child Interactions
 Parent's perception of child
 Listen to how parents describe their child
 Daily Routines (Have family describe a "typical day.")
 Parents awareness of child's needs (physical, emotional, cognitive and
social)
 Emotional bonds to family
J. Child's Perception of Parent
K. Parent's Knowledge of Parenting
L. Limit Setting Skills and Discipline
 Can the parents set limits with their child (children)?
 Are clear boundaries and hierarchies present between parent and
child(ren)?
 Any known problems and/or presenting behaviors of children (e.g.
substance abuse, delinquency, sexual behaviors, academic problems)
M. Couple/Relationship
 Do partners work together as a unit?
 Do partners agree or at least agree to disagree?
 What is the risk for domestic violence (ask each partner without the other
partner present)?
 Separation, divorce and stepfamily issues. How do separated parents
(grandparents) work together as a unit?
N. Family Stressors and Resources
 Living Conditions
 Financial Conditions
 Supports and Resources
 Health
 Housing
 Employment
 Transportation
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 Coping skills
O. Caregiver(s) Strengths and Limitations
 Information for this section may best be completed by an individual
assessment of each caregiver/parent. The findings of the individual
assessment may then be used to explore how the following areas
determine this family's needs, ability to protect, interpersonal and intra-
personal resources:
o History of trauma-physical sexual emotional-neglect
o Look for disassociation and Post Traumatic Stress Disorder (PTSD)
in caregivers.
o History of substance abuse
o Current substance abuse
o Physical violence
o Other criminal behavior
o Adult victimization-domestic violence
o Cognitive level
o Mental Illness
o Emotional stability, depression, mood swings, impulsivity, though
disorder, personality disorders
o Management of anger
o Problem solving and coping skills
o Self-esteem
o Physical health-medication
P. Child Strengths and Needs
 The Child Assessment should provide a profile of the child's strengths and
needs.
 Adolescents (ages 14-18) must complete the Alcohol and Drug
Questionnaire. Information from the questionnaire must be included in the
assessment.
Q. Collection of Information for Form 419 (Background Information for State
Agency CHILD)
 Document any areas on the form in which information was not
obtained by stating what attempts were made (how) and the reason
why information was not obtained.
6. Summary/Conclusions and Recommendations
The summary section should provide a dynamic picture of the following family issues:
 Safety and Protection Issues (A review of the Risk Assessment completed in
CPS and the identification of risk factors should be included in the report)
 Strengths
 Limitations and needs
 Resources-within the nuclear family, the extended family, community resources
 Coping skills
 Fit between parent and child
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The Focus of the report is on the integration of the dynamic observations and
interactions observed during the assessment, social history, interviews, and results from
standardized measures.
7. Signature, Credentials and Date Completed
The Family Assessment must be completed by an individual with a minimum of a
Master’s level of education in Social Work, Counseling, or Psychology with an LCSW,
LMFT or LPC granted by or the State of Georgia Composite Board of Counselors,
Social Workers, and Marriage and Family Therapists, as well as be in good standing
with that authority. Individuals with a Master’s degree who are under the supervision of
an LCSW, LPC or LMFT may also conduct the Family Assessment. In which case, the
Assessment requires two signatures: the licensed supervisor’s and the Master’s level
assessor. However, the licensed supervisor is responsible for the overall assessment
and report.
NOTE: Family assessments do not have to be based on any specific school of family
theory but the assessors must have training and experience in family systems and be
able to assess families based on a systemic theory using systemic techniques. (e.g.
enactments and observations).
9. Required Attachments
 Genogram – must be computer generated.
 Form 419 - Background Information for State Agency Child (All 7 pages and all
sections of the form must be completed and typed (information should be
completed as it can reasonably be obtained) The form may be accessed at
http://dfcs.dhr.georgia.gov/fostercare.
 Alcohol and Drug Questionnaire for adolescents (ages 14-17)
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Georgia Departmentof Human Resources
BACKGROUND INFORMATIONFOR STATE AGENCY CHILD FORM
419
Worker/Title: Birth Name of Child:
Telephone #: Date: Date Birth of Child: Time of
Birth:
Sex:
Home County: Boarding County: Race/Ethnic:
Child’s Mother Grandmother Grandfather Father Grandmother Grandfather
DOB
Race/Ethnic
National Descent:
Hair Color:
Eye Color:
Complexion:
Weight:
Height:
Occupation:
General Health:
Education:
If Deceased
Age & Cause
Special
Characteristics
Child’s Maternal Aunts & Uncles Child’s Paternal Aunts & Uncles
DOB
Sex
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ALL RELATIONSHIPS ARE TO THE CHILD
CHILD’S NAME: __________________________
Maternal Paternal
(Add additional pages if necessary)
Form 419 (Rev 2-99)
ALL RELATIONSHIPS ARE TO THE CHILD
SIBLINGS OF CHILD
MATERNAL
Race/Ethnic
National Descent:
Hair Color:
Eye Color:
Complexion:
Weight:
Height:
Occupation:
General Health:
Education:
If Deceased
Age & Cause
Special
Characteristics
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 52
Form 419 (Rev 2-99)
ALL RELATIONSHIPS ARE TO THE CHILD
FAMILY OF CHILD’S MOTHER
MATERNAL PATERNAL
DOB:
Full or Half
Sibling:
Sex:
Hair Color:
Eye Color:
Complexion:
General Build:
General Health:
School Grade
and Achievement
Special
Characteristics
PATERNAL
DOB
Full or Half
Sibling
Sex:
Hair Color:
Eye Color:
Complexion:
General Build:
General Health:
School Grade
and Achievement
Special
Characteristics
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 53
Child’s Great
Grandmother
Great Grandfather Great
Grandmother
Great
Grandfather
DOB
Race/Ethnic
National
Descent:
Hair Color:
Eye Color:
Complexion:
General Build:
Occupation
Education:
Special
Characteristics:
If Deceased
Age & Cause
Child’s Maternal Great Aunts And Uncles Child’s Paternal Great Aunts And
Uncles
DOB
Race/Ethnic
National
Descent:
Hair Color:
Eye Color:
Complexion:
General Build:
Occupation:
Education:
Special
Characteristics
If Deceased
Age & Cause
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 54
ALL RELATIONSHIPS ARE TO THE CHILD
FAMILY OF CHILD’S FATHER
MATERNAL PATERNAL
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 55
Form 419 (Rev 2-99)
Child’s Great
Grandmother
Great
Grandfather
Great
Grandmother
Great
Grandfather
DOB
Race/Ethnic
National
Descent:
Hair Color:
Eye Color:
Complexion:
General Build:
Occupation:
Education:
Special
characteristics:
If Deceased
Age & Cause
Child’s Maternal Great Aunts And Uncles Child’s Paternal Great Aunts And
Uncles
DOB
Race/Ethnic
National
Descent:
Hair Color:
Eye Color:
Complexion:
General Build:
Occupation:
Education:
Special
Characteristics
If Deceased
Age & Cause
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 56
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 57
FAMILY MEDICAL INFORMATION
MATERNAL FORM 419
Check YES or NO to each of the follow ing diseasesor conditions. If the answ er is YES, give family member and brief description of disease condition,
its effect, age of onset, age if cause of death, in the space below .
Yes No Ye
s
No Yes No
1. Allergies 7. Congenital Birth Abnormalities b) premature births
a) drugs 8. Cleft lip c) still births
b) foods 9. Cleft palate d) incompetent cervix
c) asthma 10 Cystic Fibrosis e) ectopic pregnancies
d) hay fever 11 Diabetes f) eclamptogenic toxemia
e) other 12 Dw arfism g) spontaneous abortion
2. Alcoholism/Drug Addiction 13 Epilepsy h) other
3. Blood Diseases 14 Hearing Disorder 29 Respiratory Diseases
a) hemophilia 15 Huntington Disease a) emphysema
b) RH disease 16 Hyperactivity (ADHD) b) bacterial pneumonia
c) sickle celldisease/trait 17 Immune SystemDisease c) tuberculosis
d) thalassemia (cooly’s
anemia)
e) other
a) HIV +
b) AIDS
d) other
18 Learning Disability
(specify)
30 Skin Disorders
a) psoriasis
b) other
4. Bone Disease
a) arthritis
b) curvature of the spine 31 Speech Disorders
c) other structural malf ormation 19 Liver Disease a) stuttering
d) other 20 Mental Illness b) tongue tie
5. Cancer a) bi-polar c) sound omissions
a) breast b) schizophrenia d) sound distortions
b) bow el c) other e) delayed speech
c) colon 21 Mental Retardation f) other
d) ovarian a) Dow ns Syndrome 32 Sudden Infant Death
e) skin b) PKU 33 Systemic Lupus Erythematosis
f) stomach c) Lesch-Nyham
syndrome
34 Thyroid Disorders
g) lungs d) Hunters 35 Tay-Sachs Disease
h) leukemia e) tuberous sclerosis 36 Tourettes Syndrome
i) other f) other 37 Visualdisorders
6. Cardiovascular Disease 22 Migraine headache a) cataracts
a) arteriosclerosis 23 Multiple Births b) dyslexia
b) congenial heart defect 24 Multiple Sclerosis c) glaucoma
c) heart attack 25 Muscular Dystrophy d) retinitis pigmentosa
d) hyperlipidemia 26 Myasthenia Gravis e) strabismus
e) stroke 27 Obesity f) other
f) high blood pressure
g) other
28 Pregnancy Complications
a) drug/alcohol use during
pregnancy
38. Any other diseases which have
occurred repeatedly in the family
(specify)
Biological Mother age at onset of menses:
Code number and letter when describing disease/condition (attach additional page if needed)
Form 419 (Rev 2-99)
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 58
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 59
FAMILY MEDICAL INFORMATION
PATERNAL
Check YES or NO to each of the follow ing diseasesor conditions. If the answ er is YES, give family member and brief description of disease condition,
its effect, age of onset, age if cause of death, in the space below .
Yes No Ye
s
No Yes No
1. Allergies 7. Congenital Birth Abnormalities b) premature births
a) drugs 8. Cleft lip c) still births
b) foods 9. Cleft palate d) incompetent cervix
c) asthma 10 Cystic Fibrosis e) ectopic pregnancies
d) hay fever 11 Diabetes f) eclamptogenic toxemia
e) other 12 Dw arfism g) spontaneous abortion
2. Alcoholism/Drug Addiction 13 Epilepsy h) other
3. Blood Diseases 14 Hearing Disorder 29 Respiratory Diseases
a) hemophilia 15 Huntington Disease a) emphysema
b) RH disease 16 Hyperactivity (ADHD) b) bacterial pneumonia
c) sickle celldisease/trait 17 Immune SystemDisease c) tuberculosis
d) thalassemia (cooly’s
anemia)
e) other
a) HIV +
b) AIDS
d) other
18 Learning Disability
(specify)
30 Skin Disorders
a) psoriasis
b) other
4. Bone Disease
a) arthritis
b) curvature of the spine 31 Speech Disorders
c) other structural malf ormation 19 Liver Disease a) stuttering
d) other 20 Mental Illness b) tongue tie
5. Cancer a) bi-polar c) sound omissions
a) breast b) schizophrenia d) sound distortions
b) bow el c) other e) delayed speech
c) colon 21 Mental Retardation f) other
d) ovarian a) Dow ns Syndrome 32 Sudden Infant Death
e) skin b) PKU 33 Systemic Lupus Erythematosis
f) stomach c) Lesch-Nyham
syndrome
34 Thyroid Disorders
g) lungs d) Hunters 35 Tay-Sachs Disease
h) leukemia e) tuberous sclerosis 36 Tourettes Syndrome
i) other f) other 37 Visualdisorders
6. Cardiovascular Disease 22 Migraine headache a) cataracts
a) atherosclerosis 23 Multiple Births b) dyslexia
b) congenial heart defect 24 Multiple Sclerosis c) glaucoma
c) heart attack 25 Muscular Dystrophy d) retinitis pigmentosa
d) hyperlipidemia 26 Myasthenia Gravis e) strabismus
e) stroke 27 Obesity f) other
f) high blood pressure
g) other
28 Pregnancy Complications
a) drug/alcohol use during
pregnancy
38. Any other diseases which have
occurred repeatedly in the family
(specify)
Biological Mother age at onset of menses:
Code number and letter when describing disease/condition (attach additional page if needed)
Form 419 (Rev 2-99)
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 60
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 61
Form 419 (Rev 2-99)
ALL RELATIONSHIPS ARE TO THE CHILD
NAMES AND ADDRESSES
CHILD: NAME (last, first, MI):
DOB:
ADDRESS:
MATERNAL
NAME DOB ADDRESS
MOTHER:
GRANDMOTHER
GRANDFATHER
AUNTS & UNCLES
SIBLINGS
PATERNAL
NAME DOB ADDRESS
FATHER:
GRANDMOTHER
GRANDFATHER
AUNTS & UNCLES
SIBLINGS
Is mother aware of the provisions of 19-8-23F (Reunion Registry) YES NO
Is father aware of the provisions of 19-8-23F (Reunion Registry) YES NO
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 62
D. THE DIFFERENCE BETWEEN PSYCHOLOGICAL EVALUATIONS AND FAMILY
ASSESSMENTS
PSYCHOLOGICAL EVALUATIONS
 IQ test
FAMILYASSESSMENTS
 Social History
 Adaptive level of functioning-
everyday functioning for people with
Developmental Disabilities
 Family Dynamics
 Academic Skill Levels  Family Strengths and Challenges
 Mental Health Diagnosis (DSM-IV)  Exploring Parenting Skills
 Neuropsychological Factors e.g.
Head Injuries (Developmental &
Current)
 Reviewing Parents Perceptions of
the Child(ren)
 Individual Psychological History
(Developmental & Current)
 Child's Perception of Parent & or
Parents
 Assessing the Couples Relationship
(If Appropriate)
 Extended Family Resources
Some behaviors may require a specialized assessment. Examples of specialized
assessments are:
 Disassociate Disorders  Fire setting
 Learning Disability  Neuropsychological
 Occupational Therapy Evaluation  Psychiatric Evaluation
 Sexual Perpetrator  Specialized Medical
 Speech and Language Evaluation
 Substance abuse
 Trauma Assessment (sexual,
physical)
Traditional individual psychological evaluations, parenting evaluations and family
assessments do not provide information about:
 Guilt or Innocence (Did an individual sexually abuse or physically abuse a
child?)
 Substance Abuse
These factors have to be evaluated by experts in the field and through forensic
channels.
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 63
E. SAMPLE OF TOOLS
1. Observation Tools
A. MIM-Marchak Interaction Method
 The MIM is a method for observing the interactions of individuals and families
as they perform a series of structured tasks together. Order from Theraplay
Institute 847-256-7334.
 Structured Task
 Any set of structured tasks that provide a framework for observing
families.
B. Darlington Family Assessment System
 This system is based on a structured interview that looks at four system levels:
 the child's perspective
 the parental perspective
 the parent-child perspective
 the whole family perspective
 Wilkinson, Ian, (1998) Child and Family Assessment: Clinical
Guidelines for Practitioners. 2nd edition. Routledge: New York
C. McMaster Family Assessment Device
 A complex systemic assessment system that explores the functioning of
families on six major components:
 Problem Solving
 Communication
 Roles
 Affective responsiveness
 Affective involvement
 Behavioral Control
Epstein, N.B., Baldwin, L.M. and Bishop, D.S. (1983) McMaster Family Assessment
Device, Journal of Marital and Family Therapy, 9, 171-180.
D. Timberlawn Couple and Family Evaluation Scales
 These scales allow the observer to evaluate the family on six domains.
1. Structure
2. Autonomy
3. Problem Solving
 4. Affect Regulation
 5. Disagreement/Conflict
 6. Global Competence
Order from Administrator Timberlawn Research Foundation, P.O. Box 270789, Dallas,
Texas 75227-0789. Telephone 214-388-0451.
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 64
F. Function Emotional Assessment Scale (FEAS)
 A parent and child observation scale by Stanley Greenspan & S. Weider
G. Family Play Therapy
 Examples include:
 Play in Family Therapy by Eliana Gil (1994) Guilford Press: New York
Treating Troubled Children and Their Families by Ellen Wachtel (1994)
Guilford Press: New York
2. Home Observation Tools
A. The Bricklin/Elliot Child Custody Evaluation: Home Visit Booklet. Start up Kit with
12 booklets: 1-800-553-7678
B. Family Assessment Form from Children's Bureau of Southern California -order
form Child Welfare League of America- 1-202-638-2952
3. Parent's Perception of Child Tools
A. APSIP: Assessment of Parenting Skills: Infant and Preschooler (Gail Elliott)- The
APSIP evaluates a parents knowledge of a child's development, routines, special
needs, fears and health history.
B. PPCP: Parent Perception of Child Profile (PPCP) The PPCP evaluates a parent's
perception of routines, health, development school, fears, personal hygiene and
communication style.
C. Stranger Situation Task (Ainsworth)
D. Parent's Awareness Skills Survey (PASS) Parenting Awareness Skills Survey
(PASS) The PASS reflects the sensitivity and effectiveness with which a parent
response to typical childcare situations. Village Publishing (800) 553-7678
E. Parent Child Relationship Inventory. This self-report inventory tells how parents
view the task of parenting and how they feel about their children. WPS-800-648-
8857
F. Parenting Alliance Measure. This is a self-report instrument that measures the
strength of the perceived alliance between parents of children ages 1 to 19 years
of age. PAR- 1-800-331-8378
G. Parenting Stress Index: This screening and diagnostic instrument was developed
on the basis that the total stress a parent experiences is a function of certain
salient child characteristics, parent characteristics and situations that are directly
related to the role of being a parent. PAR- 1-800-331-8378
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 65
H. Stress Index for Parents of Adolescents: This screening and diagnostic
instrument was developed on the basis that the total stress a parent experiences
is a function of certain salient child characteristic, parent characteristics and
situations that are directly related to the role of being a parent of an adolescent.
PAR- 1-800-331-8378
4. Child's Perception of Parents Tools
A. PORT: Perception-Of-Relationship Test: The Port measures how close a child
feels to a parent Village Publishing (800) 553-7678
B. BPS: Bricklin Perceptual Scales: These scales can be used with children as
young as 4. It evaluates how a child perceives his/her parent's competence,
follow-up consistency, ability to be supportive and possession of admirable
personality traits. Village Publishing (800) 553-7678
C. Discipline Index: The discipline index systematically obtains information from a
child about the child's perceptions of each parent's disciplinary practices. Village
Publishing (800) 553- 7678
D. Family Relations Test-By Eva Bene and James Anthony- This test attempts to
assess the family relationships and family tensions as the child directly
experiences them.
5. Parent's Knowledge of Parenting Tools
A. Observation
B. Nurturing Quiz: This is a quiz that measures a parent's knowledge of behavior
management ideas and techniques from Family Development Resources, 800-
688-5822.
C. Parenting Awareness Skills Survey (PASS): The PASS reflects the sensitivity
and effectiveness with which a parent responds to typical childcare situations.
Village Publishing (800) 553-7678
6. Global Assessment of Relational Functioning Scale- GARF Tools
Refer to DSM-IV
A. Group for the Advancement of Psychiatry Committee on the Family (1996)
Global Assessment of Relational Functioning Scale (GARF); Family Process: 35:
155-175
B. Dausch, Barbara M., Miklowitz, David, J., and Richards, Jeffrey (1996) Family
Process 35: 175-191.
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 66
7. Limit Setting Skills and Discipline Tools
A. Child Abuse Potential Questionnaire- This questionnaire was designed as a
screening scale for physical child abuse. PsyTec-1-815-758-1415
B. AAPI: Adolescent-Adult Parenting-2 Inventory: This brief inventory explores
beliefs about corporal punishment, ability to empathize with the needs of child,
role reversal, and inappropriate expectations. From Family Development
Resources 1-800-688-5822
8. Couple/Relationship Tools
A. ENRICH: Relationship Questionnaire
B. Lerner and Spanier
C. Structured Tasks for observation (Plan a dinner or a night out)
9. Stress and Resources Tools
A. LISRES-Life Stressors and Social Resources Inventory PAR1-800-331-TEST
B. DUNST Scales-Stress and Resource Questionnaires
NOTE: For questions regarding the family assessment standards, resources, or tools
please contact Wendy Hanevold Ph.D., Licensed Psychologist #1574 (Georgia)
404-583-7333, or email hanevol9@bellsouth.net.
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 67
SECTION VI
EDUCATIONAL ASSESSMENT STANDARDS & REPORTS
A. INTRODUCTION
The educational component is a comprehensive assessment of the child's educational
history prior to placement in foster care. The purpose of the educational assessment is
to determine a child’s educational needs and to ensure that necessary supports are
provided to give the child the best chance for academic and social success. Typically
the educational assessment is completed for school age children, five to eighteen.
However, if a child under the age of four (4) participates in early intervention, then
components of the report must be completed. The educational standards should
include, but are not limited to, the following:
 Current school records
 Current Individual Education Plans (IEP).
 Educational History
 Test scores from standardized tests such as Iowa, Stanford IV, CRCT, etc.
 Psychological evaluations 
 Grades
 Discipline Reports
 Attendance Records
 Achievements
 A Brief Summary of the child’s functioning in the current grade level and any
other significant issues.
 IQ Testing
 An IQ test does not need to be repeated:
 If a child has had an IQ score completed with the WISC-III or Stanford-
Binet within three calendar years.
 If the child was at least 7 (seven) years of age at the time of the earlier IQ
test
 If a child will not be referred for Level of Care and/or MATCH services
 An IQ test must be repeated:
 If a child was under 7 (seven) years of age at the time of the earlier IQ test
 If the child has had a head injury or evidence of serious mental illness has
emerged since the initial evaluation
 If the child was not on medication (such as Ritalin) during the earlier
evaluation
 If a child is referred for Level of Care and/or STAC services an IQ test
must be current (completed within one calendar year).
 A summary of the child’s educational history and current status must be included
in the CCFA report.
 Case Manager or Provider must have a parent sign a Release of Information Form to collect this information, if
required by the school.
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 68
 The three (3) page Educational Evaluation Report, which may be filled out by
Provider but must be signed by a certified school official.
(1) Who Can Complete the Educational Evaluation
The provider may complete and sign the educational evaluation or the official school
personnel may complete form and sign. The provider who may be Master’s level
individual (preference to a M.Ed. specialist) must specifically list in the report the name
and title of the school official and the date the information was obtained.
CASE REVIEW The placement case manager must continue to update each child's
educational progress every six months as part of the case review. This update must
address any needs identified in this assessment (Social Services Policy Manual Section
1011).
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 69
B. EDUCATIONAL ASSESSMENT REPORT
The title and format of the report is as follows and must include both Part I and Part II.
The Provider may fill out the Educational Evaluation Report. Thoroughly complete each
item. Do not leave an item blank. If the requested information is unavailable, explain.
Attach all educational records collected.
ReportTitle: EducationalEvaluation Report
Part I: Educational Evaluation
Name of Child____________________________ Birth
Date_____________________
Gender________________________
Date(s) of
Evaluation_______________________________________________________
Source of
Information/Title___________________________________________________
______________________________________________________________________
__
1. Current School Status
School Name:
____________________________________________________________
School Address:
__________________________________________________________
School Telephone #: _________________ Present Grade Level:
_________________
Performance: _________________ Type of Classroom Placement:
__________________
Educational Strengths/Needs:
_______________________________________________
______________________________________________________________________
__
Is child working up to academic/developmental capacity? ____Yes ____ No
2. Results of Hearing Screening (Using an audiometer)
______________________________________________________________________
__
______________________________________________________________________
__
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September 2000 Page 70
______________________________________________________________________
__
3. Results of Vision Screening (Snellen eye Chart + other appropriate measures)
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
4. Academic Screening (Woodcock-Johnson II, Wechsler Individual Achievement
Test (WIAT), Kaufman (KTEA) may be available from psychological evaluation)
Name of
Test_____________________________________________________________
Standard Score Percentile Grade Equivalent
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
5. Descriptors for Areas of Concern (attached) observations from teacher(s)
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
6. Behavior Rating Scale ( Achenbach: Teacher Report Form preferred)
List of Significant Problem areas:
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
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September 2000 Page 71
______________________________________________________________________
__
______________________________________________________________________
__
7. Mental Ability Instrument: IQ (WISC-III, Stanford-Binet) (may be available from
psychological evaluation)
Name of
Test_____________________________________________________________
Standard Score Percentile Standard Error of Measurement
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
8. If IQ falls within or below the Mildly Mentally Retarded Range you must include
an Adaptive Behavior Scale (i.e. Vineland, AAMD) (may be available from
psychological evaluation).
Name of Test ______________________________________________________
Domain Standard Score Age Equivalent
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
Part II: School History
Attach current school records and current IEPs.
1. Number and grade levels of retentions:
______________________________________________________________________
__
______________________________________________________________________
__
2. Names of different schools and school systems:
______________________________________________________________________
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September 2000 Page 72
__
______________________________________________________________________
__
______________________________________________________________________
__
3. Modifications made to regular curriculum:
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
4. Participation in remedial or compensatory program(s) (e.g. Title I, SIA,
Remedial Education, alternative school, etc.)
______________________________________________________________________
__
______________________________________________________________________
__
__________________________________________________________________
5. Is the student support team currently serving the child? ____Yes ____No
6. Has child been referred to special education or Early Intervention (birth to
three)? ____Yes ___No
If yes, Date of Referral:____________ Program
Area____________________________
7. Was the child previously in special education or early intervention, but no
longer eligible? ____Yes ____No
If yes, reason ineligible ___________________Program
Area_______________________
If yes, dates of previous
eligibility_____________________________________________
8. Is the child currently in special education or early intervention (birth to three)?
____Yes ____No
If yes, attach current records (IEP, eligibility report, psychological, standardized group
tests etc.)
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 73
9. Is child eligible for residential service as determined by the IEP? ____Yes
___No
10. If the child is not in special education, specify any supportive service e.g.
tutoring, remedial classes, speech) being provided:
______________________________________________________________________
______________________________________________________________________
____
Any Recommended?
______________________________________________________________________
__
11. If child changes schools at the time of placement, explain why the change
was necessary.
______________________________________________________________________
__
______________________________________________________________________
__
12. Specify strengths, talents, interest, and abilities that should be developed.
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
13. Specify how the child learns best
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
14. Specify issues that my impede learning.
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 74
15. Record significant observations regarding the child’s attitude, independence,
dependence, self-control, social interactions and friendships developed.
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
I certify that a school official has provided the assessment & history information.
______________________________ ____________________________________
Provider (Print Name) School Official (Print Name)
______________________________ ____________________________________
Provider (Signature) School Official (Signature)
______________________________ ____________________________________
Job Title School Official (Title)
Date:__________________________ Date:_______________________________
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 75
SECTION VII
MEDICAL STANDARDS & REPORTS
A. INTRODUCTION
The medical component is a comprehensive assessment of the child's overall health
status. This information is used by DFCS staff, judges, CASA’s and others to ensure
that the medical needs of children in foster care are addressed. Children entering
foster care will have a Health Check (EPSDT: Early Periodic Screening, Diagnostic,
and Treatment) service within ten (10) days of their placement. Health Check (EPSDT)
is Medicaid’s comprehensive and preventive child health program. Health Check
includes periodic screening, vision, dental, hearing services, etc. To strengthen the
Department’s collaboration with the Division of Public Health, children may receive
Health Check screens at the local health department or with an approved Health Check
provider. For a list of approved Health Check providers, go to: www.ghp.georgia.gov.
The following are included in Health Check services:
 Comprehensive Health and Development history
 Developmental Assessment including mental, emotional, and behavioral screens
 Comprehensive unclothed physical exam
 Immunizations according a Recommended Childhood Schedule by the Advisory
Committee on Immunization Practices (ACIP)
 Certain Laboratory procedures (including, but not limited to, blood lead level
screening)
 Measurements
 TB and Lead Risk Assessment
 Anticipatory Guidance and Health Education
 Vision Screening
 Dental/Oral Health Assessment
 Hearing Screening
If the developmental screen completed as part of the Health Check, yields any
developmental delays or concerns, a developmental assessment must be completed.
The Health Check Provider is responsible for making a referral for the assessment and
DFCS is responsible for the ensuring the child has the assessment within thirty-days of
the Health Check. Children three and under, who are referred to Babies Can’t Wait
(BCW) per the Child Abuse Prevention and Treatment Act (CAPTA) requirement for
referral of children to early intervention, may receive an assessment from BCW.
Also, if the dental screens yields any concerns or the need for dental treatment, DFCS
is responsible for follow-up within thirty-days of the Health Check with an approved
Medicaid Dental Provider. Medicaid Dental Professions may be located by calling 1-
800-432-4357.
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 76
The medical standards should include, but are not limited to, the following:
(1) Standard I
 Patient Name:
 Medical Record Number:
 Medicaid Number (if applicable):
 Date of Visit:
(2) Standard II
 Completed Georgia Department of Human Resources Immunization Form 3231
(3) Standard III
 Child’s Medical History – Provider must collect a verbal medical history on all
children and obtain medical records from birth to present for medically fragile
children and children in protective custody as a result of severe physical abuse.
 Family Health History - Provider should make every effort possible to obtain this
information through interviews with the family prior to the child’s Health Check
appointment. (DHR Form # 419 Background Information on State Agency Child)
(4) Standard IV
 Impressions of child's current medical needs.
 Ongoing Treatment Plan (as outlined by Health Check
Provider)/Recommendations, if applicable.
 Referrals, if applicable.
The Medical Report must include the following attachments in order to be complete:
 Health Check Service Documentation/flow chart
 Medical Records (medically fragile children and severe physical abuse)
 DHR Form #419 Background Information for State Agency Child—Available
online at http://dfcs.dhr.georgia.gov/fostercare. This form must be typed and
contain as much information as possible.
 DHR Form 3231 Certificate of Immunization
NOTE: When any routine and/or emergency treatment (outside of Health Check
services) is identified during the course of the medical assessment, the county
DFCS must be notified. Prior to any treatment being provided, a DFCS staff
member must authorize by signature. Treatment examples include ear tubes,
minor surgery, etc.
(5) Who Can Complete the Medical Evaluation
The provider must complete the medical assessment report and summarize the findings
from the Health Check appointment. The provider, who may be Bachelor’s level, must
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specifically list in the report the name, title, and date, of any licensed medical official
from whom the information is obtained. The licensed medical professional completing
the Health Check screen must sign the Health Check documentation forms/flow chart.
NOTE: CASE REVIEW The case manager must continue to update each child's
medical status every six months as part of the case review. This update must address
any need identified in this assessment. The Case Manager must also obtain medical
records on all children placed in foster care.
B. MEDICAL ASSESSESSMENT REPORT
The title and format of the report is as follows and must include the following four (4)
sections and all accompanying documentation.
ReportTitle: MedicalAssessmentReport
1. Identifying Data
 Child’s Name:
 Medicaid Number (if applicable):
 Date of Visit:
 Summary statement regarding the current overall health/medical status of the
child.
2. Medical History
 Child’s History of Present Illness
 DHR Form #3231 Certificate of Immunization
 Family Health History – Provider should make every effort to interview the
family to obtain as much information about the child’s and family’s health
history See the prior history Form in the current Health Check Policy and
Procedures manual (www.ghp.georgia.gov)
3. Summary and Recommendations
 Development of an Individualized Medical Treatment Plan (as outlined by the
approved Health Check Provider)
 Recommendations, if applicable
 Referrals if applicable
4. Name, Signature, and Date Completed
The provider must complete the medical assessment report, which is a summary of the
findings of the Health Check appointment with the medical professional. The provider,
who may be Bachelor’s level, must specifically list in the report the name, title, and date,
of any licensed medical official from which the information is obtained.
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 Print Name
 Signature
 Job Title
 Date
REMINDER:
The Medical Assessment Report must include the following attachments in order to be
complete:
 Health Check Service Documentation
 Medical Records for medically fragile children or physical abuse cases.
 DHR Form #419 (Background Information for State Agency Child) --Available online
at http://dfcs.dhr.gerogia.gov/fostercare. This form must be typed and completed in
its entirety.
 DHR Form 3231 Certificate of Immunization
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SECTION VIII
MULTIDISCIPLINARY (MDT) STANDARDS & REPORTS
A. INTRODUCTION
A comprehensive assessment on any child or family is not complete until a
Multidisciplinary team representing multiple disciplines meets to review all relevant
aspects of the information. It is the team's responsibility to make the best and most
appropriate recommendations for services and placement (if appropriate) that meets the
needs of the child and family. The team will select reasonable, achievable
goals/objectives that are positively stated, measurable, clear, concise, and address the
specific behaviors or conditions that must be corrected for the child to be safely returned
to the parent and incorporated into the initial case plan. Goals that are unrelated to the
conditions, which resulted in the child’s placement or child-specific service goals, may
be entered in the Case Plan Reporting System (CPRS) as secondary goals for the
family.
DFCS as the legal custodian of the child may or may not follow the recommendations of
the MDT. When the MDT recommendations are not implemented or included in the
initial case plan, the reasons why must be clearly documented on the MDT Staffing
Recommendation Form # 3.
(1) Definition
Multidisciplinary teams consist of persons representing various disciplines associated
with key components of the assessment process. The disciplines which may participate
as part of the MDT should include, but are not limited to the following:
 Legal Custodian (DFCS - Case Manager, CPS Investigator, CPS Ongoing Case
Manager, Supervisor, Independent Living Coordinator for any youth 14 or older)
– All case managers involved with the child/family should be present at the
MDT.
 CCFA Provider (Provider who conducted the actual assessment.)
 Educational (School system representative who has direct knowledge of the
educational status of the child(s) or an appropriate designee)
 Medical (Medical system representative who has direct knowledge of the medical
& dental status of the child(s) or an appropriate designee.) A representative from
the local health department should be invited to attend the MDT for every child
assessed. If a child receives services from Babies Can’t Wait (BCW), the BCW
service coordinator should be invited to the MDT meeting.
 Psychological (The actual psychologist who conducted the psychological
evaluation or an appropriate designee)
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 Judicial (A representative from the appropriate court system if the child (s) had
any court or law enforcement involvement. This may include local law
enforcement officials or a Court Appointed Special Advocate (CASA)).
 Mental Health (A representative from the MHMRSA system that may have direct
knowledge of mental health or substance abuse issues affecting the child (s) or
family).
 Foster Parent(s) or placement provider where the child(s) resided during the
assessment process that has direct knowledge of the child(s) behavior and
activity during the assessment. DFCS foster parents may earn 1.5 in-service
training hours for their attendance and participation at a MDT meeting for a
child(ren) placed in their home. Upon completion of the MDT meeting, the CCFA
provider will sign the Certificate of Attendance (attached and available at
http://dfcs.dhr.state.ga.us/fostercare) and provide a copy to the foster parent for
tracking purposes.
 Any other individual having appropriate information directly related to the case.
Note: An appropriate designee may be a county school system counselor, a public
health representative, or a clinician that regularly sits as part of the MDT.
(2) Team Composition
A duly constituted MDT must have a minimum of three separate disciplines
represented. DFCS, regardless of the number of staff persons attending, only
represents one discipline. The birth parents, relatives, foster parents, and the
children (age appropriate) should attend and have input at the MDT. The birth
parent’s attendance is required for case planning purposes. However, birth
parents, relatives or children do not count as a discipline for purposes of
constituting a team.
An MDT may contain representatives from all of the above listed disciplines and may
have more than one representative attend from any one discipline. There is no
maximum number of participants. It is up to the DFCS office and the provider to decide
who should attend any MDT. MDTs should be composed on a case-by-case basis that
best represent the needs of the child and family. The County DFCS Director or his/her
specific designee can waive in writing the requirement for three disciplines to be
represented on any team on a case-by-case basis. If Babies Can’t Wait (BCW) is
assessing a child, under the age of three, the provider should make every effort
possible to include the BCW coordinator as a member of the team.
(3) The MDT and Family Team Meeting
For a description of Family Team Meeting, refer to Appendix E, Page 191 in the manual.
The complete Georgia Family Team Meeting Handbook (Form # 48).
The MDT Meeting and the Family Team Meeting are two separate meetings. DFCS will
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schedule the FTM and the MDT meeting. The provider is responsible for coordinating
and facilitating the MDT Meeting. The SSCM is responsible for facilitating the Family
Team Meeting. DFCS will schedule a family team meeting within nine days of the
child’s placement in foster care. The SSCM will notify the parent of the CCFA and FT
meeting at the 72-hour hearing. The CCFA Provider may invite other persons to attend
the FTM as indicated on the referral form. The family team meeting will begin the initial
case planning for the family. The CCFA provider must attend the FTM meeting and
incorporate information from the meeting into the final CCFA report. The CCFA
provider will be sure to obtain information on possible relative placement resources to
include in the report.
The 1st Family Team Meeting held within nine (9) days of the child’s placement in foster
care should be facilitated by DFCS, however there are instances in which the county
may choose to purchase the service from the CCFA/Wrap-Around provider. In these
instances the CCFA provider is responsible for facilitating the family team meeting (see
Wrap-Around Services – In Home Case Management).
The Family Team Meeting is a tool that is part of the assessment process. Good
practice and DFCS policy requires that families be involved in planning for their children,
regardless of the permanency plan. Family Team meetings may be held at any point in
the life of a case and are encouraged to facilitate permanency planning with the family.
The conference notes from the Family Team Meeting should be shared with the MDT.
The SSCM will provide notice within five days of the MDT meeting and the intent to
develop the initial case plan to the parent and/or family members. If the parent or
family members are not present at the MDT meeting, the findings and recommendations
of the MDT should be shared as soon as possible.
(4) Collaboration
The MDT meeting is one of the foundations of the Comprehensive Child and Family
Assessment (CCFA) process. Multidisciplinary teams represent the ultimate in
public/private collaboration. County Departments and providers must work together to
develop ongoing, effective teams. While the provider is responsible for contacting
potential team participants and inviting them to the MDT staffing, County Departments
can assist in this endeavor by identifying and contacting public officials (i.e. a public
health representative, a school official, etc.) who would be willing to participate as a
regular team member. This would help to develop broad representation and ensure the
required numbers of disciplines are represented. In addition, setting regular times and
locations for MDTs also helps facilitate additional participation since most participants
are volunteering their time. The county department will set the date of the MDT meeting
when initiating the referral for the CCFA.
(5) Meeting Time and Location
It is DFCS’s responsibility to set the meeting time, location, and date for the MDT. The
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CCFA provider will facilitate the meeting and ensure all representatives are notified and
invited (arranging transportation when necessary). This is normally done in conjunction
with the County Department. Based on the CCFA, the provider will recommend
individualized service strategies for consideration by DFCS to include in the family or
child’s case plan. These recommendations should be included in the CCFA report(s).
The goals and steps should be achievable and measurable. At the conclusion of the
MDT, the provider is responsible for completing the MDT Staffing Recommendation
Form (Form # 3). If a duly constituted MDT could not be convened, (3 separate
disciplines represented) the reasons should be clearly stated on the recommendation
form under the participant's section.
(6) Who Can Conduct the MDT
The MDT meeting should be coordinated and facilitated by the individual who
completed the Family Assessment.
B. MULTIDISCIPLINARY TEAM (MDT)REPORT
The Multidisciplinary Staffing Recommendation Form 3 meets the requirement for the
report. All sections of Form 3 must be completely filled out.
Section I Case Identifying Information
Section II Participants
 If a duly constituted MDT could not be convened, (three separate
disciplines represented) the reasons should be clearly stated in this
section. Also, the reason the parent, family, and placement resource
was not in attendance must be explained in this section.
Section III Placement Recommendations (Identification of possible relative
resources)
 Child's Needs
 Most Appropriate Placement
 Reason why placement recommended
Section IV Permanency Recommendations
 Reunification
 Adoption
 Guardianship
 Placement with Fit and Willing Relative
 Another Planned Permanent Living Arrangement, Specify _________
Service V Service Recommendations – development of case plan ( If there are
service recommendations not incorporated into the case plan, please
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explain)
 Child
 Birth Family
 Relative
 Foster Parents
 Other
Section VI Statement to Parents
 To be read to parents if they participate in the MDT.
Section VII Signature
 Name, Title, and Agency of person completing form
 Date MDT completed.
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FORM # 3
MULTIDISCIPLINARY TEAM (MDT) STAFFING RECOMMENDATION FORM
(One form must be completed for each child)
Section I Case Identifying Information
Child’s Name:__________________________________ DOB:
___________________
County
Name:______________________________________________________________
MDT Meeting Date:_________________________
Section II Participants
Participants Name Title
Signature
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________
________________________________________________________________________
__
Section III Placement Recommendations
(1) Brief detail of child's
needs________________________________________________
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
(2) Most appropriate type of placement (relative, foster care, group home, institution
etc.)
______________________________________________________________________
__
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______________________________________________________________________
__
______________________________________________________________________
__
(3) Why this placement is
recommended________________________________________
______________________________________________________________________
__
______________________________________________________________________
__
______________________________________________________________________
__
(4) Will this placement be supported through Wrap-Around Services? If yes, what
services are
recommended?________________________________________________________
_____________________________________________________________________________________
_____________________________________________________________________________________
______________________________________________________________________
Section IV Permanency Recommendations
Reunification Adoption Guardianship
Placement with Fit and Willing Relative
Another Planned Permanent Living Arrangement, Specify
_______________________
Section V Service Recommendations (development of case plan)
The goals of the case plan are designed to address the specific behaviors or conditions
that must be corrected for the child to be safely returned. The goals must be specific,
positively stated, measurable, and achievable. They must outline who will do what,
when, how often, and where.
(1) Child:
________________________________________________________________
______________________________________________________________________
__
______________________________________________________________________
__
(2) Birth Family:
___________________________________________________________
______________________________________________________________________
__
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______________________________________________________________________
__
(3) Relative:
______________________________________________________________
______________________________________________________________________
__
______________________________________________________________________
__
(4) Foster Parents:
________________________________________________________
______________________________________________________________________
__
______________________________________________________________________
__
DFCS SSCM will incorporate information into the Case Plan Reporting System (CPRS)
and submit to the court for its consideration to be entered into an order.
Section VI Statement to Parents
The following statement is to be read verbatim to parents if they participate in the MDT.
As a parent of a child in foster care, you have certain rights, including the right to understand the
reasons for removal, to participate in planning toward your child's return and to know what you
must do to accomplish the changes which are outlined in your case plan. Foster care is a
temporary plan. Your child needs to have a permanent home as soon as possible. Therefore,
you and the Department need to work together toward this end. The agency will assist you in
your efforts to have your child returned through providing direct services and referral to other
agencies. At the same time, the agency will be evaluating your efforts in meeting the stated
goals of the Case Plan. Visitation arrangements and contacts with the caseworker are included
in the Plan. These are also important responsibilities for you to understand and meet.
The Case Plan has been developed and discussed with the Child (as appropriate) and
Parent(s) as it relates to permanency, safety, and well being (health, education,
and mental needs being met while in care) of the child.
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SECTION IX
ASSESSMENT REPORTING STANDARDS
A. INTRODUCTION
The completion of a comprehensive assessment of the child and family, including all
relevant components is based on a time line that is triggered whenever a child is
removed from the home and taken into DFCS custody. The following time line
standards were developed to ensure that assessments and reports are done in
accordance with the Adoption and Safe Families Act guidelines on moving children
toward permanency.
(1) Assessment Report
The vendor has 30 calendar days from the receipt date of the referral to complete
the assessment. This includes gathering all information, facilitating a Multidisciplinary
Team Staffing (See MDT Staffing Recommendation Form, Form # 3), and producing a
final written report.
The MDT meeting will be held within twenty-one (21) days of the CCFA referral date.
The provider may verbally present the information gathered and any recommendations
for service provision. The psychological evaluation must be completed before the MDT.
A verbal report and recommendations from the psychological may be presented at the
MDT meeting. The final written psychological report must be included with the CCFA
report.
Note: The SSCM will begin initial case planning at the Family Team Meeting and
conclude case planning with the family at the MDT meeting. If the MDT meeting is
delayed, the case manager is still responsible for completing (with the family) and
submitting the initial case plan to the court within 30 days of the child entering care. In
addition, the case manager must notify the court that additional information is
forthcoming from the assessment. Once the CCFA is received, the case manager is
required to provide the information to the court.
(2) Assessment Waiver
A waiver request may be made where extenuating circumstances prevent the
completion of the assessment within 30 calendar days. A vendor must submit the
request to the appropriate DFCS representative using the CCFA Waiver Request Form
(Form #4) within fifteen days of accepting the referral.
The County Director or designee authorizes the waiver request. The approving
authority may authorize a waiver for a time span of from one to 15 days. A waiver may
be requested for a specified number of days, but should never exceed 15 calendar
days. Waiver requests from vendors should be an exception. The reason(s) for a
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waiver should be clearly explained on the waiver request form. Vendors who
consistently request waivers should be reviewed for compliance with the contract.
Waivers are limited to one per assessment referral. When a waiver request is denied by
the authorizing party, the vendor must be notified immediately and provided with an
explanation of the reason(s) for denial
DFCS must indicate on the waiver request form, if DFCS is responsible in any
way for the delay in the CCFA.
(3) Thirty-day Notice.
The County DFCS Department will provide written notice to the provider and the State
Office Provider Review Committee via certified mail within 30 days of any noted
deficiencies regarding compliance to the terms and conditions of the contract.
(4) Assessment Invoice Submittal
The provider will submit a written report and an assessment invoice within 30 days of
receipt of the referral. The written report will include a separate Assessment Summary
Coversheet Form #7 for each child assessed. An assessment invoice must be
submitted within ten (10) days of completion for each child assessed. The county
approving authority will submit to their appropriate accounting department each
completed invoice within five (5) days of receipt if the assessment meets the standards
and requirements as outlined in the standards. CCFA/Wrap-Around Invoices are
available at http://dfcs.dhr.georgia.gov/fostercare.
Forward the original invoice to Accounting for payment; retain one copy in the child's
record.
(5) Late Assessment Penalty
CCFA reports should be submitted within thirty days of the date of the receipt of the
referral, unless a waiver is requested and approved in writing within 15 days of the
receipt of the referral. Reports received after 30 days of the referral may be subject to a
$10 per day reduction from the approved family assessment payment rate. A pattern of
late reports will result in corrective action by the Department including reductions in
referrals and could result in contract termination.
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ASSESSMENT WAIVER REQUEST FORM FORM # 4
CHILD AND FAMILY ASSESSMENT COMPONENTS:
 HEALTH CHECK
 PSYCHOLOGICAL
 EDUCATIONAL
 FAMILY ASSESSMENT
 MULTIDISCIPLINARY TEAM STAFFING (MDT)
 Match Profile Instrument (MPI)
Date:_________________________________________________________________
County Name:__________________________________________________________
Child’s Name:___________________________________________________________
DFCS Case manager’s name:______________________________________________
DFCS Supervisor’s name:_________________________________________________
Date Assessment Referred:_________________________________________________
Original Due Date:_________________________________________________________
Note: Waiver must be requested within fifteen (15) days of the date of the referral.
Reason for waiver request:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
______
Length of Waiver Requested: (Check appropriate box - not to exceed 30 calendar days.)
0-5 days 6-10 days 11-15 days
Assessor’s Name:___________________________________________________________
Agency name:______________________________________________________________
Phone/Fax/Pager:___________________________________________________________
TO BE COMPLETED BY DFCS ONLY
Request Approved: Yes No If yes, new due date (enter date) __________________
If no, state reason:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
______
Approved by:
Name:____________________________________
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Title:________________________________
Date :_______________________________
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Assessment Summary Coversheet FORM # 7
EnclosedInformationof Assessment
(1) Date Referred by DFCS: _____________________ (2) Date Received by Provider:
______________
(3) Date Completed by Provider: __________________ (4) Date Received by DFCS:
________________
Contractor Name: _____________________________ Telephone #:
_____________________________
Child’s Information
Ethnicity: B--Black W--White A--Asian AI--American Indian or Alaskan Native
H--Hawaiian or Pacific Islander U--Unable to Determine
Checklist
Name of Child (first): (middle): (last):
Preferred Name: SS#: Child ID#:
Date of Birth: Sex: M F Ethnicity1: Height: Weight
HL--Hispanic/Latino Origin: HLU—Hispanic/Latino Origin--Unable to
Determine
Birthplace: City County State
Current Address (also if facility): Street
City State Zip
Psychological
Family Assessment
Adolescent Assessment
Medical/Health Check
Medical History (if child is medically fragile or severe physical abuse case)
Immunization Certificate
School Records, School History and Summary
Current/Previous IEP’s (if applicable)
Certificate of Eye, Ear, and Dental Examination (if required by local school system)
MDT Staffing Recommendations
MATCH Profile Instrument (MPI)
Other Identifying Information (List brief description of each
1.
2.
3.
4.
5.
NOTE: You must complete a separate cover sheet for each child assessed.
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COMMENTS:
______________________________________________________________________
______________________________________________________________________
____
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SECTION X
RELATIVE PLACEMENT STANDARDS & REPORTS
A. INTRODUCTION
All relatives in Georgia, including parents, identified as a possible placement resource
for a child/sibling group, will require a relative home evaluation. Home evaluations must
be completed within 30 days of receipt of a referral requesting a study (evaluation) of a
specific relative’s home. The referral may be submitted during or following the
Comprehensive Child and Family Assessment.
The standards for relative home evaluations are considered based on the needs of the
specific child or sibling group requiring a placement in Georgia. The relative placement
resource and their home must be determined to be appropriate to adequately meet the
child’s needs. This includes the child’s physical, mental, emotional, medical,
educational,
social and Inter-personal needs. Additionally, the case file must document that a
relationship by blood, marriage or adoption exists between the child and caregiver prior
to
completing the relative home evaluation. This requirement includes establishing
paternity.
The format of the report follows and must include the five sections (Items II., A-E) listed
below. These requirements also apply to home evaluation requests submitted through
the Interstate Compact on the Placement of Children (ICPC) offices.
B. RELATIVE HOME EVALUATION REPORT
All domains and areas being evaluated pertain to the parent’s or relative caregiver’s
home for purposes of considering it as an acceptable placement resource for a specific
child or sibling group. The suggested format includes, but is not limited to, a review of
all the domains or areas listed below.
1. Data Section
 Date Evaluation Initiated
 Identify Child
 Relative Name and Spouse (if married)
 Clarify Relative’s Relationship to the Child
 Reason for Evaluation
 Household Composition (Names, ages, gender, relationship to child and other
household members, etc.)
 Prior DFCS Involvement (relative caregiver and all household members)
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2. Domains and Areas Evaluated (includes, but is not limited to):
 Interpersonal Relationship Between Parent and Child
 Interpersonal Relationship between Parent and Relative Caregiver(s)
 Interpersonal Relationship between Relative Caregiver(s) and Child
 Household Members/Key Data
 Living Arrangements
 Sleeping Arrangements
 Employment History, if appropriate
 Current Financial Status
 Health History/Current Status (all family members)
 Marriage Status
 Education Status
 Interpersonal Relationships with the Child(ren) Being Placed
 Discipline Views and Practices
 Corporal Punishment Views and Practices
 Commitment to Abide by State Prohibition of Corporal Punishment
 Practices and Views on Maintaining Parental, Sibling and Other Family Ties
 Interpersonal Relationships With Other Household Members
 History of Criminal Activity (Mandatory for all persons age 18 and older);
includes fingerprint checks, both GCIC and NCIC and Sexual Offender’s
Registry @ http://www.ganet.org/gbi/sorsch.cgi or through IDS, under the
Protective Services Data System (PSDS)
 Residence check completed by law enforcement on the address of the
relative for the previous five years. The residence check should note all calls
for the address.
 Drug Screening (all adults, age 18 and older)
 Medical Statement indicating that caregiver does not have any health
concerns or conditions, which impedes their ability to care for the child(ren) or
places them at risk. All health related concerns, which, otherwise, precludes
them from consideration as a placement resource for the child(en) must be
addressed. This is mandatory for relative caregivers. It must be dated within
12 months prior to the date of the evaluation.
 Home Environment
o Appearance and State of Repair/Maintenance Issues
o Cleanliness
o Soundness of Physical Dwelling
o Appearance of Electrical Wiring System, Fixtures and Outlets
o Appearance of Gas Lines and Heating and Cooking Appliances
o Availability and Condition of Running Water Indoors
o Availability and Condition of Toilet Facilities Indoors
o Appearance of Household Furnishings
o Availability and Appearance of Storage Facilities (closets, cabinets,
pantry, bookshelves, etc.)
 Home and Personal Safety Issues, Practices and Concerns
o Swimming or Wading Pools, Ponds, Lakes, etc.
o Trampolines
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o Animals
o Environmental Hazards
o Weapons
o Electrical Wiring
o Waste (garbage, trash, animal feces, etc.)
o Unlocked and Inoperable vehicles, appliances, etc.
o Dangerous porches, steps, doors, etc.
o Inadequate Fencing
o Access to busy streets and/or highways
 Views and Practices of Child Supervision
o Swimming or Wading Pools, Ponds, Lakes, etc.
o Trampolines
o Animals
o Environmental Hazards
o Weapons
o Electrical Wiring
o Waste (garbage, trash, animal feces, etc.)
o Unlocked and Inoperable vehicles, appliances, etc.
o Dangerous porches, steps, doors, etc.
o Inadequate Fencing
o Access to busy streets and/or highways
 Family and Community Resources
 Birth and Extended Family's Strengths and Needs
 Parent/Relative Caregiver Strengths and Needs
 Two References Required
 Additional Pertinent Observations and Concerns Must be Discussed and
Documented
3. Results of Evaluation (Findings and Conclusions)
4. Summary and Recommendations
5. Complete Name(s), Signature(s), Titles and Date(s) on all Required
Documents and/or Forms
C. WHO CAN COMPLETE RELATIVE HOME EVALUATIONS
A DFCS case manager or private provider may complete the Relative Home Evaluation.
The County Director or designee must approve the contracting of the assessment with a
provider. Relative Home Evaluations may be charged to UAS Code 511 under Code
29, Other/Relative Assessments. Fees are not to exceed $350/per relative home
evaluated. This rate includes costs related to a Family Team Meeting.
The provider may be reimbursed for any costs, (which exceeds the above-referenced
$350 fee), related to the following mandatory reports:
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 Criminal Background Checks (fingerprint checks, both GCIC and NCIC);
 Drug Screening Checks; and
 Medical statements
NOTE: These items apply to all relative caregivers and household members, 18 years
or older. Receipts are required before reimbursement is made for theses
expenses.
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D. APPROVAL OF RELATIVE HOME EVALUATIONS
The responsibility for recommending approval of a relative home evaluation rests with
the County Department of Family and Children Services office, which conducted the
study, and will ultimately have to supervise the home if placement is made. Initial
placements may be made on the merits of the favorable home and family assessments
and in conjunction with documentation that local law enforcement has performed a
satisfactory criminal records background check on all persons eighteen (18) or older in
the home using their full name, date of birth, and social security number (if available)
pending the results of the GCIC and NCIC. Relatives accepting such placements
must be clearly informed that, the child(ren) will be removed, if it is determined
that the family is ineligible, based upon information contained in the NCIC report
or any other adverse information received by the Department.
URGENT NOTE: Family members should be informed that many variables influence a
placement decision affecting a child or sibling group requiring a placement in Georgia.
The relative placement resource and their home must be determined to be appropriate
to adequately meet the child’s needs (physical, mental, emotional, medical,
educational, social and interpersonal). The case file must document that a relationship
by blood, marriage or adoption exists between the child and caregiver prior to
completing the relative home evaluation. This requirement includes establishing
paternity. Also, the homes of multiple relatives may be evaluated concurrently.
Therefore, a favorable home evaluation does not guarantee that placement will occur.
NOTE
(1) Case managers must document that a relationship by blood, marriage or
adoption exists between the child and caregiver prior to completing the relative
home evaluation. This requirement includes establishing paternity.
(2) Case managers must notify or coordinate with other counties, as appropriate, to
arrange when, where, and by whom a relative home evaluation is to be
conducted.
(3) The case file must contain proper documentation of all required and pertinent
relative assessment information and forms.
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SECTION XI
WRAP-AROUND SERVICES
Comprehensive Child and Family Wrap-Around Services
(Promoting Safe and Stable Families)
A. INTRODUCTION
Comprehensive Child and Family Assessment (CCFA) (CCFA) Wrap-Around Services
provide critical support in Placement (PLC) cases with the intent of promoting safe and
stable families and early reunification. The individual Wrap-Around Services may be
used in combination or as separate service components. Unless otherwise
specified, the duration of service provision may not exceed eight (8) months. Court
ordered after care services are required to continue wrap-around services once custody
has been transferred to the parent or relative. On court ordered after-care services,
wrap-around services may be extended up to an additional six months without a waiver.
The need for Comprehensive Child and Family Wrap-Around Services should be
determined in the Comprehensive Child and Family Assessment, as children enter care.
If the child does not have a Comprehensive Assessment, or if the need for Wrap-
Around Services does not arise until after an Assessment has been completed, then the
service needs of the family are documented on the Wrap-Around Services Authorization
(Form 5). The process for accessing Comprehensive Child and Family Wrap-Around
Services and for paying providers follows.
To initiate Wrap-Around Services, follow these steps:
 Consult the Approved Provider List found at the web site
http://dfcs.dhr.georgia.gov/fostercare.
 Complete a Wrap-Around Services Authorization (Form #5) and obtain the
necessary approvals; provide a copy to Accounting.
 Make the referral to the vendor by using the Referral for Wrap-Around Services
(Form#6) no later than 15 days of identifying the service need.
 Expect the provider to acknowledge the receipt and acceptance of the referral
within 24 hours of receipt.
 Contract the parent, relative, foster parent and/or adoptive parent by sending a
standard letter of intent that outlines the Wrap-Around Service process and
introduces the particular vendor to the family.
To process the provider’s invoice for payment, follow these steps:
 By the 10th of each month, ensure that the provider has submitted both the Wrap-
Around Services Documentation Report of all contacts made with the child,
parent, relative, foster parent and/or adoptive parent during the previous month
and the Wrap-Around Services Invoice;
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 Review for completeness and accuracy;
 Forward to the designated DFCS approving authority for signature. Forward the
original invoice to Accounting for payment; retain one copy for the case
record.
NOTE: The following forms are used in the provision of Wrap-Around Services and can
be download individually from the CCFA Information Page at
http://dfcs.dhr.georgia.gov/fostercare:
 Wrap-Around Services Authorization (Form #5)
 Referral for Wrap-Around Services (Form #6)
 Wrap-Around Services Documentation
 Wrap-Around Services Invoice
 Wrap-Around Services Invoice instructions
B. WRAP-AROUND SERVICES
The decision to initiate wrap-around services will be based on the recommendations of
the comprehensive child and family assessment for most children.
The need for Comprehensive Child and Family Assessment (CCFA) Wrap-Around
Services should be determined in the Comprehensive Child and Family Assessment for
children entering foster care. If the child does not have a Comprehensive Child and
Family Assessment, the case manager must document on the Wrap-Around Services
Authorization Form, that an assessment has not been completed, but list the reason(s)
for services. The appropriate individuals must sign the form prior to the referral being
made.
The following time line standards were developed to ensure that services are provided
in accordance with the Adoption and Safe Families Act (ASFA) guidelines in moving a
child toward permanency:
(1) Wrap-Around Services Authorization.
Case managers must first generate a Wrap-Around Services Authorization (Form #5)
indicating the specific types of wrap-around services needed and expected outcomes.
The authorization must be approved in writing by the designated county DFCS
approving authority (County Director or appointed designee).
(2) Referrals for Wrap-Around Services.
No later than 15 days of identifying specific service needs, DFCS case managers
complete and provide to a vendor a Referral for Wrap-around Services Form # 6. The
DFCS Case manager should include any significant or unusual information about the
child or family on the referral form (i.e. deaf child).
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(3) Provider Acceptance
The provider will notify (if by telephone follow up by, fax or e-mail) the case manager of
the receipt and acceptance or decline of the referral within 24 hours of receipt.
(4) Contact with the Family.
The case manager will send a standard letter (See Appendix A) of intent to the family
and the foster parent(s) involved outlining the family wrap-around service process and
introducing the particular vendor providing the services.
The provider will make the initial face-to-face contact with each family, referred for
services within two business days of receipt of the referral. In making contact with the
family, the provider must show picture identification and a copy of the referral letter.
The DFCS Case manager will assist the provider in gaining access to family members
enrolled in active treatment programs (i.e. alcohol or substance abuse).
(5) Copies of Case Record Information
Case managers are responsible for providing appropriate copies of all reports and/or
other information from any DFCS case files as indicated on the Pre-evaluation
Checklist and a copy of the current case plan. This information must be provided to
the provider within five days of the date of the referral for Wrap-Around services.
This information will aid the provider in providing the designated services. If it is found
that the provider needs information that is not on the Pre-evaluation Checklist, the case
manager must copy this information with the approval of the supervisor, county director,
and/or designee.
(6) Unable to Provide Services
The provider will advise the County DFCS Office if it makes a determination that it is
unable or unwilling to provide the designated wrap-around services to a particular family
within five days of receipt of the referral. The provider will provide written
communication stating the reasons for this decision.
(7) Scheduling and Transportation
The provider is responsible for scheduling all appointments and arranging or providing
transportation.
(8) Court Appearance
Appearance and/or testimony in court proceedings by the CCFA provider is part of the
assessment process (see page 16). Any required court appearances beyond sixty days
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of the CCFA referral date can be reimbursed only if the provider is subpoenaed to
testify. The CCFA Wrap-Around Provider is required to appear and/or testify in court
and may be reimbursed at a rate of $50.00/hour if he/she meets professional standards
and $25.00/hour if he/she meets case management or paraprofessional standards.
(9) Mileage Reimbursement
Mileage is reimbursed at a rate of $0.28 per mile. CCFA providers may bill for mileage
from their residence, official business address, or county making the referral, whichever
is nearer to the destination point. This also applies when providers are asked by the
County Department to travel outside of the referring county to support a child or family
in another county.
C. WRAP-AROUND SERVICES REPORTING STANDARDS
The following time line standards were developed to ensure that Wrap-Around Services
are done in accordance with the Adoption and Safe Families Act (ASFA) guidelines on
permanency. The following actions must be taken:
(1) Wrap-Around Documentation Report and Wrap-Around Invoice Submittal.
The provider must provide the county with a completed documentation form for all
contacts made with child, parent and/or foster parent monthly. The documentation
forms for the previous month must be sent with a completed invoice by the 10th of each
month. Documentation must include the information found in paragraph F of this
section.
The county approving authority will submit to the accounting department each
completed invoice within five (5) days of receipt.
Forward the original invoice to Accounting for payment; retain one copy in the child's
record.
(2) Thirty-day Notice.
The County DFCS Department will provide written notice to the provider and the State
Office Provider Review Committee via certified mail within 30 days of any deficiencies
regarding compliance to the terms and conditions of the contract.
D. CODES, DEFINITIONS, ELIGIBILITY, RATES AND FUNDING FOR CCFA
WRAP AROUND SERVICES
FISCAL CODES FOR CCFA WRAP-AROUND SERVICES
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UAS Code 518
 80 Summer Safety/ Summer Enrichment
 95 In-Home Intensive Treatment
 71 In-Home Case Management
 24 Crisis Intervention (Prevent Disruption)
 47 Crisis Intervention (Behavioral Management)
 53 Transportation
 88 Court Appearance
(1) Summer Safety / Summer Enrichment (Entitlement Code 80)
a) Purpose: Summer Safety/Summer Enrichment supports the foster or adoptive family
and promotes the well-being of children by providing summer enrichment activities.
These activities offer stimulating learning and/or cultural experiences in the community
and are available through such programs as the Red Cross, YMCA, school or church-
related camps, etc.
b) Eligible children/youth: Must be under 14 years of age and in DFCS custody.
Child/youth must be placed in DFCS foster home, adoptive home (adoption not
finalized) or a private child placement agency (foster or adoptive home -adoption not
finalized).
Note: For youth age 14 and older, enrichment activities are charged to Program 585
(Secondary Educational and Enrichment Expenses). All referrals for 585 must go
through the Independent Living Coordinator.
c) Child Care Licensing guidelines are applicable for summer camps.
Rate: Allocation of funds is based on the number of children in care. Therefore,
enrichment activities are limited to a maximum of $252.00 per child per summer (June,
July and August). For children attending school year round, three subsequent months in
the year may be substituted for June, July and August. A contract is not required.
Prepare Authorization (Form #5) and copy to Accounting. No Referral (Form #6) is
required.
(2) In-Home Intensive Treatment (Entitlement Code 95)
a) Purpose: The purpose of In-Home Intensive Treatment is to provide therapeutic
and/or clinical services for a family in preparation for the safe return of a child and/or to
maintain and stabilize a child’s current placement.
b) Service Activities: Activities include, but are not limited to, drug treatment and
support services for the parent and/or child; therapy and/counseling; mental health
evaluation of parent and/or child; domestic violence counseling; anger and stress
management/counseling; behavior aides for child; grief management; loss and/or
separation issues; discipline issues, etc. Note: The specific in-home services/activities
may be based on the recommendations of a licensed professional; e.g., Psychiatrist,
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Psychologist, Physician and/or Certified Teacher in the Comprehensive Child and
Family Assessment and/or in the Case Plan.
The Case Manager specifies in a written plan the activities/services to be delivered by
the provider, along with expectations for the provider to make face-to-face weekly
contacts with the primary client (child) and any other required contacts, as needed, with
the family, relative, foster parent and/or adoptive parent. The Case Manager will
receive monthly progress reports (Wrap-Around Documentation Report) and at least
quarterly, must have face-to-face contacts with the provider to address progress and/or
other issues.
Providers must be on-call 24 hours a day, 7 days a week, including telephone contact
and home visits as necessary. The provider is also responsible for ensuring the
provision of clinical services in the home.
c) Provider Qualifications: In-Home Intensive Treatment must be completed by an
individual with a minimum of a Master’s level of education in Social Work, Counseling,
or Psychology with an LCSW, LMFT or LPC granted by the State of Georgia’s
Composite Board of Counselors, Social Workers, and Marriage and Family Therapists,
as well as be in good standing with that authority. Individuals with a Master’s degree
who are under the supervision of an LCSW, LPC or LMFT may provide In-Home
Intensive Treatment. In which case, the Wrap-Around Services quarterly reports require
two signatures: the licensed supervisor’s and the Master’s level clinician assessor.
d) Rate: The contracted rate for clinical services is $60.00 per hour plus mileage at a
rate of $0.28 per mile. The maximum fee is $3500 per family.
(3) In-Home Case Management (Entitlement Code 71)
a) Purpose: The purpose of In-Home Case Management is to provide case
management assistance to families in completing the defined goals and steps of the
Case Plan.
b) Service Activities: Activities include, but are not limited to, providing direct services;
coordinating community services; advocating for service provision; coordinating and
supervising visitation with parent(s), relative, and/or siblings; preparing families for
reunification; monitoring placements for safety and stability following reunification
(Aftercare); drug screening of the parent/relative; criminal record checks (fingerprint
clearances, GBI, NCIC) for the parent, relative or other caregiver; medical exam for
relative caregiver for purpose of establishing paternity (DNA testing); does not include
court fees for legitimization; tutorial program; behavior aides for child; parent aide
services (Para-professional) and/or parenting classes; transportation services;
coordinating and facilitating family conferences, preparing children for adoption
(excluding Child Life Histories); developing and discussing Life Books; discipline issues;
translation services; sign language services; etc. A written waiver must be sent to the
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Regional Field Director to pay for any service not otherwise listed. The waiver should
include who will receive the service and why the service is needed.
NOTE: A waiver request for use of a vendor not approved by CCFA/Wrap-Around
to provide tutorial services must be sent to the Director of Social Services. The
request must include the child’s name, DOB, copy of educational report from the
CCFA, school reports, and the credentials of the individual proposed to provide
the services. An explanation of why an approved vendor is not appropriate must
be included.
Parent-Aide Services – Duties and responsibilities must be consistent with DFCS
Family Service Worker I and Family Services Worker II job responsibilities.
The specific in-home services/activities may be based on the recommendations of a
licensed professional; e.g., Psychiatrist, Psychologist, Physician and/or Certified
Teacher in the Comprehensive Child and Family Assessment and/or in the Case Plan.
The Case Manager specifies in a written plan the activities/services to be delivered by
the provider, along with expectations for the provider to make weekly face-to-face
contacts with the primary client (child) and weekly contact with the family, relative, foster
and/or adoptive parent. The Case Manager will receive monthly progress reports
(Wrap-Around Documentation Report) and at least quarterly, must have face-to-face
contacts with the provider to address progress and/or other issues.
Providers must be on-call 24 hours a day, 7 days a week, including telephone contact
and home visits as necessary.
c) Provider Qualifications: A Bachelor’s level education in Social Work, Counseling,
or Psychology or a related field is needed for most (see Para-professional for
exceptions) activities/services. The Bachelor’s level individual must sign all Wrap-
Around Documentation Forms.
The Para-professional is an individual who does not have a degree, but has both the
skills and knowledge necessary to provide parent aide services.
d) Rate: The contracted rate is $45.00 or $30.00 (Para-professional) per hour plus
mileage at a rate of $ 0.28 per mile. The maximum fee is $5000 per family.
(4) Crisis Intervention to Prevent Placement Disruption (Entitlement Code 24)
a) Purpose: Crisis Intervention to Prevent Placement Disruption provides an immediate
service to stabilize a volatile family situation where safety of the child is not an issue, but
may result in a child’s current foster care/relative placement, adoptive placement
(adoption not finalized) or Aftercare placement, being at imminent risk of disruption
and/or the child being at risk of re-entering foster care.
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b) Service Activities: Activities include, but are not limited to, coordinating community
services; advocating for service provision to child and family; monitoring placements
after reunification has occurred (Aftercare); therapy and/or counseling; domestic
violence counseling; anger and stress management/counseling; behavior aides for
child; parent aide services and/or parenting classes, coordinating and facilitating family
conferences; grief management; loss and/or separation issues; discipline issues;
translation services, sign language services; etc.
The specific activities/services may be based on the recommendations of a licensed
professional; e.g., Psychiatrist, Psychologist, Physician and/or Certified Teacher in the
Comprehensive Child and Family Assessment and/or Case Plan.
The Case Manager specifies in a written plan the activities/services to be delivered by
the provider, along with the frequency of face-to-face contacts by the provider with the
primary client (child) and the family, relative, foster parent and/or adoptive parent. The
Case Manager will receive monthly progress reports (Wrap-Around Documentation
Report) and at least quarterly, must have face-to-face contacts with the provider to
address progress and/or other issues.
Providers must be on-call 24 hours a day, 7 days a week, including telephone contact
and home visits as necessary. The provider is also responsible for ensuring the
provision of clinical services in the home.
c) Provider Qualifications: Crisis Intervention to Prevent Placement Disruption must
be completed by an individual with a minimum of a Master’s level of education in Social
Work, Counseling, or Psychology with an LCSW, LMFT or LPC granted by the State of
Georgia’s Composite Board of Counselors, Social Workers, and Marriage and Family
Therapists, as well as be in good standing with that authority. Individuals with a Master’s
degree who are under the supervision of an LCSW, LPC or LMFT may provide Crisis
Intervention to Prevent Placement Disruption. In which case the Wrap-Around Services
quarterly reports require two signatures: the licensed supervisor’s and the Master’s level
clinician assessor.
d) Rate: The contracted rate is $60.00 per hour for clinical services and
behavioral/disruptive crisis intervention, and $30.00 per hour for paraprofessional family
services depending on the level of intervention. Transportation of the client is
reimbursed at $0.28 per mile.
There is no maximum fee per family. However, service provision may not exceed eight
(8) months.
(5) Crisis Intervention for Behavioral Management (Entitlement Code 47)
a) Purpose: Crisis Intervention for Behavioral Management provides an immediate
service to stabilize and manage the behavior of a child which may result in his/her
current foster care/relative placement, adoptive placement (adoption not finalized) or
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Aftercare placement, being at imminent risk of disruption and/or the child being at risk of
re-entering foster care.
b) Service Activities: Activities include, but are not limited to, coordinating community
services; advocating for service provision to child and family; monitoring placements
after reunification has occurred (Aftercare); therapy and/or counseling; domestic
violence counseling; anger and stress manage/counseling; behavior aides for child;
parent aid services and/or parenting classes, coordinating and facilitating family
conferences; grief management; loss and/or separation issues; discipline issues;
translation services, sign language services; etc.
The specific activities/services may be based on the recommendations of a licensed
professional; e.g., Psychiatrist, Psychologist, Physician and/or Certified Teacher in the
Comprehensive Child and Family Assessment and/or Case Plan.
The Case Manager specifies in a written plan the activities/services to be delivered by
the provider, along with the frequency of face-to-face contacts by the provider with the
primary client (child) and the family, relative, foster parent and/or adoptive parent. The
Case Manager will receive monthly progress reports (Wrap-Around Documentation
Report) and at least quarterly, must have face-to-face contact with the provider to
address progress and/or other issues.
Providers must be on-call 24 hours a day, 7 days a week, including telephone contact
and home visits as necessary. The provider is also responsible for ensuring the
provision of clinical services in the home.
c) Provider Qualifications: Crisis Intervention for Behavior Management must be
completed by an individual with a minimum of a Master’s level of education in Social
Work, Counseling, or Psychology with an LCSW, LMFT or LPC granted by or the State
of Georgia’s Composite Board of Counselors, Social Workers, and Marriage and Family
Therapists, as well as be in good standing with that authority. Individuals with a Master’s
degree who are under the supervision of an LCSW, LPC or LMFT may provide Crisis
Intervention for Behavior Management. In which case the Wrap-Around Services
quarterly reports require two signatures: the licensed supervisor’s and the Master’s level
clinician assessor.
d) Rate: The contracted rate is $60.00 per hour for clinical services and
behavioral/disruptive crisis intervention, and $30.00 per hour for paraprofessional family
services depending on the level of intervention. Transportation of the client is
reimbursed at $0.28 per mile.
There is no maximum fee per family. However, service provision may not exceed eight
(8) months.
E. WRAP-AROUND SERVICES FORMS
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The following forms all apply to the provision of wrap-around services. They can
also be downloaded individually from the CCFA Information Page of the Georgia
Association of Homes and Services web site at
http://dfcs.dhr.georgia.gov/fostercare:
 Wrap-Around Services Authorization Form #5
 Referral for Wrap-Around Services Form #6
 Wrap-Around Services Documentation
 Wrap-Around Services Invoice
F. WRAP-AROUND SERVICES DOCUMENTATION
The following information must be documented (typed) and submitted along with the
wrap-around services invoice with each invoice submitted.
 Provider Name
 Date
 Client Name
 Case #
 County
 DFCS Case Manager
 Start and End Times (am/pm) of services provided
 Type of Services Provided:
 Summer Safety/Summer Enrichment
 In Home Intensive Treatment
 In-Home Case Management
 Crisis Intervention to Prevent Placement Disruption
 Crisis Intervention for Behavioral Management
 Transportation
 Purpose/Goal of Visit (Specify who was seen by name) – Address if goal is
outlined in family’s case plan.
 How the purpose/goal was achieved, topics/areas discussed
 Client's level of understanding and/or participation
 Goals to be accomplished by next visit
o Present recommendation on permanency, safety and well-being
 Signature of Provider
 Date
NOTE: Attach Documentation to Wrap-Around Services Invoice
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SECTION XII
STANDARDS FOR BECOMING AN APPROVED
COMPREHENISVE CHILD AND FAMILY ASSESSMENT
(CCFA) PROVIDER
A. COMPREHENSIVE CHILD AND FAMILY ASSESSMENT (CCFA) PROVIDER
QUALIFICATION GUIDELINES
The contractor must comply fully with all administrative and other requirements
established in the contract.
A provider’s program must comply with the definition, eligibility, program description,
services, service fees and program evaluation component of the CCFA program
outlined in the CCFA standards.
1. Providers must complete training in Comprehensive Child and Family
Assessment (CCFA) including both "Back to Basics" and "Advanced" trainings.
Supervisors who are responsible for supervising family assessors must also
attend the "Advanced" training. All family assessors must complete the Advanced
Skills Training. Providers must maintain certificates of attendance on file for all
who have attended training. All persons approved to complete assessments
prior to January 1, 2005 must provide documentation of their attendance in an
Advanced Training Session before December 31, 2005.
2. All provider agencies shall have an identified administration with authority over
and responsibility for staff and service delivery of the CCFA program and
services. The administration must ensure that its staff will follow the Georgia
DFCS guidelines and requirements listed in the most current CCFA Standards.
3. All provider agencies will provide, show and maintain proof of general
commercial liability of $100,000 minimum insurance for their employees and their
actions.
4. It is required that counselors/assessors have a minimum of a Master's level of
education in Social Work, Counseling, or Psychology with an LCSW, LMFT, or
LPC granted by the State of Georgia’s Composite Board of Professional
Counselors, Social Workers and Marriage and Family Therapists and be in good
standing with that authority. Counselors/assessors with a minimum Masters level
education in social work or counseling who are not licensed by the Composite
Board may complete assessments as long as they are under the clinical
supervision of an LCSW, LMFT, or LPC.
NOTE: Bachelor’s level individuals may only facilitate the medical component
of the assessment and/or accompany a child to the psychological
appointment. A bachelor’s level individual is qualified to provide services
under In-Home Case management Entitlement Code 71. Non-degreed
individuals may transport a child to and from a psychological appointment
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and provide par-professional services under In-Home Case Management,
In-Home Intensive Treatment, and Crisis Intervention.
5. All services must be offered without discrimination on the basis of political
affiliation, religion, race, color, sex, mental or physical handicap, national origin,
age or financial ability to pay.
6. A record of services must be maintained on each child served for a minimum of
three years. The record must contain a complete account of services rendered
for each child. The provider’s record, once completed, is the property of the
Department, is confidential, and must be safeguarded.
7. In assessing families, the provider must incorporate the Georgia Division Of
Family and Children Service’s policy, which prohibits corporal punishment or
emotional, physical, sexual or verbal abuse.
8. The agency and/or provider shall adhere to the professional code of ethics
regarding responsibility to clients, integrity, confidentiality, responsibility to
colleagues, assessment instruments, research, advertising, and professional
representation.
9. Providers must submit designated information to the Georgia State Office of
Child Protection for evaluation purposes. The information needed will be updated
with each CCFA standards update.
10.All providers must be prepared to undergo annual audits and reviews by the
Georgia DFCS State Office of Child Protection or its designated representative in
order to maintain provider status. These reviews may include, but not limited to,
audits of staff qualification (Copy of Master’s Degree or License), random
selections of reports of ensure regulations of time and content are met, and
record keeping accuracy.
11.CCFA supervisory staff needs extensive knowledge of social work, counseling
and mental health concepts. Supervisory staff must have a minimum of a
Master's level of education in Social Work, Counseling, or Psychology with a
LCSW, LMFT, or LPC granted by the State of GA Composite Board of
Professional Counselors, Social Workers and Marriage and Family Therapists
and be in good standing with that authority.
12.Comprehensive Child and Family Assessment (CCFA) bachelor level staff are
limited to certain specific activities * and are required to have a minimum of a
bachelor's level education in social work, counseling or psychology or a related
field.
13.Comprehensive Child and Family Assessment (CCFA) non-degree staff is limited
to certain specific activities and they are required to have experience and
knowledge in social services.
* See Section XII, D. for provider qualifications for each type of wrap-around services.
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B. PROVIDER ENROLLMENT PROCESS
The following steps comprise the process for a provider applying for enrollment as an
"Approved Assessment Provider:" Refer to Appendix C for an application and samples
of approval letters. Applications for CCFA/Wrap-Around Services will be accepted
quarterly in February, April, August, and November.
1. Provider inquiry - via email or regular mail.
2. Private Provider Enrollment Application downloaded from the web.
3. Technical assistance to private providers on any aspect of the application
process is available upon request via email.
4. Provider completes and mails application.
5. Initial review of application completed by a member of the State Provider Review
Committee within six weeks of receipt. If all parts of the application are present,
the application is prepared for presentation to the State Provider Review
Committee. (This process may take up to eight weeks.)
6. Application package reviewed by State Provider Review Committee. The
committee usually meets quarterly, unless the need arises to meet more
frequently.
7. Provisional Approval Granted -- letter sent within seven (7) to ten (10) working
days of the committee's decision. The State provider Review Committee will
assign a county to the provider for the purpose of completing the first two
comprehensive child and family assessments.
8. Provisional provider forwards the complete copies of the first two comprehensive
child and family assessments (two separate families) to the State Provider
Review Committee. The initial assessments must be completed and forwarded
within 90 days of the provisional approval date.
9. A member of the State Provider Review Committee completes an initial review
(within two weeks of receipt) of the assessments (to insure completeness) and
forwards them to the DHR clinical psychologist consultant for clinical review.
(Review may take up to six weeks.)
10.State Provider Review Committee convenes to review entire application.
11.State Provider Review Committee's Decision
12.Provider notified by letter of final status within ten (10) working days of the
decision.
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September 2000 Page 111
13.Once two assessments have been received and favorably reviewed by the State
Provider Review Committee, the provider will receive a contract for services.
Once an executed contract is on file, the provider will receive a "Full Approval"
letter. At that time the provider will be added to the CCFA Approved Provider List
and at this time the provider may begin providing services. The CCFA Approved
Provider List is updated monthly.
14.If the committee decides not to grant full approval, providers will be notified by
letter.
15.Provider may re-apply by submitting a new application within one year of the
denial date of the application.
16.Providers are asked to communicate via email. Applications and other
correspondence must be mailed to the State Provider Committee. Information
hand delivered by the provider will not be accepted.
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September 2000 Page 112
C. PROVIDER ENROLLMENT/RE-ENROLLMENT APPLICATION
DIVISION OF FAMILY AND CHILDREN SERVICES
COMPREHENSIVE CHILD AND FAMILY ASSESSMENT
FIRST PLACEMENT BEST PLACEMENT
1. Your Name:
__________________________________________________________________
2. Title/Position:
_________________________________________________________________
3. Agency Name:
________________________________________________________________
4. Agency Status: For Profit Not-for-Profit FEI#
_______________________________
C. Are you applying for re-approval as an independent contractor, non-profit agency,
Community Service Board (CSB), for profit agency?
6. Address (Mailing)
_____________________________________________________________
__________________________________________________________
___
7. Address (Location)
_____________________________________________________________
_____________________________________________________________
8. Phone: __________________________ 9. Fax:
_______________________________
10. Email address:
_____________________________________________________________
11. Web Page Address:
_______________________________________________________
12. Yes No Add address to "Approved Assessment Provider" E-mail address book.
13. How long have you been doing Comprehensive Assessments (CCFA)?
__________________
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September 2000 Page 113
14. How many Comprehensive Assessments have you completed in the past 12 months?
_______
15. Do you provide CCFA Wrap-around Services? Yes No
15 (a). If yes, please provide the number of Wrap-around cases served for the last calendar
year by the following:
Summer Safety/Summer Enrichment: __________
In-Home Intensive Treatment __________
In-Home Case Management __________
Crisis Intervention (Code 24) __________
Crisis Intervention (Code 47) __________
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September 2000 Page 114
16. Training:
16 (a). List all individuals who attended "Back to Basics" and "Advanced" training and the
dates attended. Note: All Family Assessors must have a certificate on file for Advanced
Training.__________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
________
16 (b). List any additional training you or your staff have received that enhances your ability
to complete all aspects of the CCFA assessment and wrap-around services program. List
by name of training, dates of training, trainer and CEUs attained.
__________________________
_________________________________________________________________________
_________________________________________________________________________
_________________________________________________________________________
______
17. Waivers: Has your agency requested any waivers during the past year? Yes No
17 (a). If yes, provide a complete list of all waivers requested, the reasons for each
request, the county involved, and whether the waiver was approved (yes or no).
18. List the county DFCS offices you are currently providing services: (add additional sheets as
necessary)
______________________ ______________________ ______________________
______________________ ______________________ ______________________
19. Do you have any plans for expanding your services in Georgia? Yes No
If yes, please list the additional counties or geographic areas you plan to serve:
____________________________________________________________________________
__
20. List any special or unique capabilities of your agency. For example, you have staff
capability in translating in Spanish, sign language, etc.
21. Are you a Medicaid provider? Yes No. If so, list your provider
#__________
(For interagency use only)
22. Signature:__________________________________________ Date:
___________________
Title: __________________________________________
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 115
Application must be mailed to: (Applications will not be accepted if they are faxed, emailed or
hand delivered by the provider)
The Department of Human Resources, DFCS
Attention: CCFA Statewide Assessment Program
2 Peachtree Street, NW, Suite 18-204
Atlanta, Georgia 30303
For questions or assistance, call (404) 657-3459 or email to lbcofield@dhr.state.ga.us,
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 116
APPLICATION ATTACHMENTS
The Department of Human Resources, Division of Family and Children Services reserves
the right to verifyany of the information provided in these attachments with the
appropriate credentialing body, licensing board, insurance carrier, or criminal
background check system. The Department will verifyeducational and licensure
credentials.
The following attachments must be included as part of the application:
(1). Copy of current Business License(s) or other appropriate license or documentation (e.g.
Letter of Incorporation).
(2). Copy of proof of general commercial liability coverage of a minimum of $100,00.00.
You must include with this information a signed release by your agency that gives
Department of Human Resources, Division of Family and Children Services
(DHR/DFCS) permission to verify with the Insurance Company. Liability coverage must
include all staff or provide verification that all persons whom you contract with have
appropriate coverage.
(3). Copy of other professional credentials e.g. transcripts for all person(s) who will be
completing the assessments/providing services. Provide a list by name, education, and
license, for each staff member or subcontractor. You must include with this information
a signed release by each individual that gives Department of Human Resources,
Division of Family and Children Services (DHR/DFCS) permission to verify with the
specific credentialing body (e.g. university, college, licensing board, etc.) the
credentials listed.
(4). Copies of a state and national fingerprint check (Georgia Crime Information Center -
GCIC and National Crime Information Center - NCIC) is required for all staff and all
subcontractors and their staffs. Provisional Status may be granted with a satisfactory
criminal records check from a local law enforcement agency, however Full approval is
contingent upon the receipt of satisfactory results from NCIC. Submit two (2) sets of
fingerprints cards and a money order, in the amount of $24.00 to the GCIC for processing.
(5). A copy of the current Georgia Driver’s license and current automobile insurance must
be provided on all individuals who will have the responsibility of transporting children or
families. Persons transporting children and families are required to have coverage that is
inclusive of terms/provisions for transporting children and families.
(6). A brief statement of your experience in assessing children and families. Included in this
statement should be the names, titles, and professional credentials of all supervisory staff
and the names of the individuals they are supervising.
(7). Attach two (2) current references (letters within the last year) from individuals or
organizations (at least one from a DFCS office) that are familiar with your work. Include their
name, address, and phone number on the agency letterhead.
(8). Please provide a list all individual(s)/agencies who make up your support network for the
provision of CCFA/Wrap-Around services. All providers must have approved Health Check
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September 2000 Page 117
Providers and Psychologist/Psychiatrist as identified members of their support network or
team. This list should include the names, addresses, and telephone numbers of the
individual/agency.
(9). For re-enrollment only. Copies of two (2) assessment packages completed within
the past three months. On two different families if a particular type of report was not done in
the past three months, then submit copies of the two most recently completed. These will
be reviewed to insure the Minimum Standards for Child and Family Assessments were
followed.
Package for Re- application Must Include:
Ages 4 - 18 Psychological Assessment Report
Family Assessment Report Adolescent Assessment (Ages 14-18) Report
Educational Assessment Report Medical Assessment Report
Note: If any of the five (5) reports above are not provided in the re-application, a
specific reason for not including that report must be stated. For example, if no
referrals for adolescent assessments were received, then this reason should be
stated.
(10). (a) List the members of your staff and their specific roles and responsibilities in the
provision of both assessment and wrap-around services. Include an organizational chart
reflecting the individuals listed.
(b) Discuss any staff turnover in the past year. List individuals who were approved to
provide services for your agency, and are no longer working with your agency.
(11). For re-enrollment providers only. Agencies providing wrap-around services, are to
submit copies of two different Wrap-Around Services Documentation reports (Ref: Section XIII,
G. in CCFA Standards).
Note: Applications should be tabbed in accordance with the enrollment/re-enrollment
application numbers and attachments. The application should include a cover letter and
table of contents.
Once approved, providers are responsible for keeping their enrollment package current
by providing to the DFCS State Office of Child Protection, CCFA Provider Review
Committee, Two Peachtree Street, NW, Suite 18, Atlanta GA 30303 updated
information on staffing, credentials, licensure, and insurance coverage as changes
occur.
Application and all attachments must be mailed to: (Applications will not be accepted if they are
faxed, hand delivered by the provider, or emailed.),
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 118
The Department of Human Resources, DFCS
Attention: CCFA Statewide Assessment Program
2 Peachtree Street, NW, Suite 18
Atlanta, Georgia 30303
For questions or assistance, please send via email to lbcofield@dhr.state.ga.us.
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 119
D. ENROLLMENT/RE-ENROLLMENT APPLICATION INSTRUCTIONS
DIVISION OF FAMILY AND CHILDREN SERVICES
COMPREHENSIVE CHILD AND FAMILY ASSESSMENT
1. Provide your full name.
2. Provide the title of the person on line 1. or the position. For example, Executive
Director, or Clinical Director, or Case Manager
3. Provide the name of the organization that you are applying to be approved under.
Provide the legal name and/or the name doing business as. For example,
"Comprehensive Family and Health Services" doing business as "New Horizons"
If applying as an Individual, list the full name of the individual, including his/her
title. For example, Dr. Joe Smith, Ph.D., Clinical Psychologist.
4. Check the appropriate box regarding your organization status.
5. Check the appropriate box as indicated.
6. Provide your official mailing address.
7. Provide your organization location address if different from your mailing address.
Otherwise enter "SAME”. A Post Office Address is not acceptable. You must list
a physical address.
8. Business telephone number.
9. Business fax number.
10. Business or other e-mail address where you wish to receive e-mail on any aspect
of the application process. This e-mail address may be incorporated into an
overall e-mail address book of approved providers. The purpose will be to
disseminate information pertinent to providers doing assessments. Types of
information that might be provided are training topics and dates, alerts to
changes in standards, application and re-application information, and any other
information of interest to all approved private providers.
11. List your web page address, if applicable.
12. Check the appropriate box. It is strongly recommended that you provide an e-
mail address and keep it current. This is the preferred method of communication
with all providers and will ensure you of getting critical information in a timely
manner.
13. List the number of months you have been doing assessments.
14. For re-enrollment only. Completed comprehensive assessments should equal
the numbers of invoices you have submitted and received payment for the last
calendar year.
15. For re-enrollment only. Check the appropriate box.
15 (a) indicate the number of cases for each type of service listed.
16. Training (within the last calendar year)
16 (a) Include with the list copies of attendance certificates for all individuals
listed, if available.
16 (b) include any information on additional training that may be applicable.
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September 2000 Page 120
17. For re-enrollment only. Waivers (last calendar year). Check appropriate box.
17 (a) Provide a complete list as indicated.
18. List only those Georgia counties you provide assessment services to.
19. Do you have any plans for expanding your services? If yes, please explain and
list additional areas.
20. List any unique capabilities of your agency, including other types of services or
programs you provide.
21. Only answer yes to this question if you have a Medicaid provider number.
22. The Executive Director, President or equivalent must sign and date the re-
application upon completion. If the application is from an individual as opposed
to an organization, then the individual is responsible for signing the re-
application. Please include the title and date signed.
Please mail the re-application form and all other accompanying information to:
The Department of Human Resources, DFCS
Attention: CCFA Statewide Assessment Program
2 Peachtree Street, NW, Suite 18-204
Atlanta, Georgia 30303
Note: The State Provider Review Committee reserves the right to check and
verify the credentials, degrees, and/or licensing information on any employee
included as part of the application.
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 121
E. DFCS FIELD AREA MAP
The DFCS Field Area Map can be found at the following website:
http://dfcs.dhr.state.georgia.gov/fostercare
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September 2000 Page 122
F. PROVIDER REVIEW AND RE-ENROLLMENT PROCESS
The following steps comprise the process for a provider review and re-enrollment as an
"Approved Assessment Provider:" Refer to page 135 for a Re-enrollment application.
1. Provider sent letter informing them of time for review and re-enrollment.
2. Provider re-enrollment package sent via mail.
3. State Provider Review Committee provides technical assistance to the
provider on all aspects of the re-enrollment process. (Response within five
(5) business days to any request for assistance.)
4. Provider completes and mails re-enrollment application.
5. State Provider Review Committee completes initial review of re-enrollment
application to ensure it is complete. Review will include identifying issues to
be included in various surveys. (Estimated time of four to six weeks.)
6. State Provider Review Committee surveys local County DFCS staff,
purchasers, consumers and provider of assessment services. Surveys may
also be done annually to address practice improvement issues. (Estimated
time of four to six weeks.)
7. The State Provider Review Committee arranges for a time and date for an on-
site review of the providers performance at a local County DFCS Office.
Notifies provider in writing of the time and date.
8. State Provider Review Committee conducts on-site review of provider's
performance, including random review of assessment records. Includes
interview with the provider. (See Monitoring Review Form)
9. Re-enrollment application, survey results, and the results of the on-site
reviews all evaluated by the State Provider Review Committee.
10. State Provider Review Committee's decision -- Provider notified of decision
via letter.
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September 2000 Page 123
Page 1 of 2
G. MONITORING REVIEW FORM
Provider:________________________________________ Agency Individual
County: __________________________________ Review Date:
__________________
Parent's Name: _________________ Child's Name:
____________________________
State Reviewer's Name:
__________________________________________________
REVIEW GUIDE QUESTIONS Yes No N/A
1. Was a Contract completed with the Provider?
2. Was a referral form sent to the provider?
3. Was contact made with the family within two days?
4. Did the provider meet with the Case manager?
5. Did the provider timely advise the county when unable to make
contact with the family?
6. Did the Provider agree to work according to the progress
payment schedule in the contract?
7. Did the provider cooperate with the County in obtaining criminal
records checks?
8. Did the provider arrange all medical and psychological
appointments?
9. Did the provider collect medical records when applicable?
10. Did the provider collect pertinent educational records?
11. Did the provider take the child for a health check with an
approved health check provider within 10 days of the child’s
placement in foster care?
12. Did the provider complete the MDT within 21 days of the
receipt of the referral?
13. Did the county receive a written report from the provider within
30 days of the referral?
14. Has the county provided the provider with a letter of any
deficiencies?
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September 2000 Page 124
15. Have any provider appeals or grievances been filed?
16. Was the invoice for payment timely submitted?
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September 2000 Page 125
Page 2 of 2
MONITORING REVIEW FORM (Continued)
On-Site Case ContactSummary
Date Date Date
Child's Name &
Date of Contact
Parent's Name and
Date of Contact
Type
Name of Collateral,
Date and Type
Home Visit Contact Summary:
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
______________________________________________________________________
________
CASE REVIEW RESULTS
State Reviewer's Case Review Discussion with Case manager
Case Corrections Needed? No Yes Date Due:
Case Corrections Completed: Date:
State Reviewers Case Review Comments:
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September 2000 Page 126
H. STATE OF GEORGIA DEPARTMENT OF HUMAN RESOURCES CONTRACT
Introduction
A contract is developed at the state level for approved providers interested in providing
Comprehensive Child and Family Assessment (CCFA)/Wrap-Around Services. Once a
contract is executed, this creates a network of providers with whom County DFCS can
choose from to provide services. County or Regional DFCS may go through a further
screening process to identify or prioritize providers with whom they choose to utilize for
services. Factors could include timeliness of services provided, customer satisfaction,
and quality of product provided.
A listing of approved providers with a contractual agreement with the Department of
Human Resources is posted on the worldwide web at
http://dfcs.dhr.georgia.gov/fostercare.
County or Regional DFCS directors are strongly urged to meet with providers to fully
communicate goals and expectations of desired services and outcomes. These
meetings can serve as a very useful vehicle to clarifying questions regarding all aspects
of services being requested and begin the important process of open communication
between providers and DFCS staff. All DFCS staff that work with providers are
encouraged to attend this meeting. Regular or ongoing meetings are also
recommended.
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 127
I. APPROVED PROVIDERLIST
Below is a list that represents a fictitious example of the Approved Assessment Provider
list. This list is regularly updated as providers are added or deleted. Therefore, the
following list represents an example of what the approved list would look like on the web
at the stated date listed. A copy of the current list can be obtained by going to the web
site of DHR at http://dfcs.dhr.georgia.gov/fostercare.
DHR Approved Agencies/Individuals for
Child and Family Assessments
This is a list of licensed providers who are approved to complete the State of Georgia’s
Comprehensive Child and Family Assessment (CCFA). All providers must comply with
the Minimum Standards for Child and Family Assessments
Counties and providers may contact any agency/ individual on this list. Counties are
expected to check this list before initiating services. Providers may serve various
counties in a geographical area. (Updated 00/01/2004)
Corrections or updates to the list may by made by e-mail to lbcofield@dhr.state.ga.us.
SAMPLE LIST (Not Real Providers)
(1) Name (2)
Contact #
(3)
Service Area
ABC Counseling, Inc. 404-123-0000 All 159 Counties
BDE Counseling Service 404-123-0000 All 159 Counties
FRJ Medicine, LLC 404-123-0000 Central Georgia
KLM CounselingCenter 404-123-0000 Northeast Georgia
RJB Guidance 404-123-0000 Southeast
BACK CONTENTS FORWARD
2104.18 Safety Plan (Form 455B)
Safety Plan Discussion
A safety plan is a response to each factor, identified on a safety assessment, which
affects a child's immediate safety. It identifies the controls that are being put in place to
ensure a child's immediate protection and safety. It expands on the available
resources, as identified in the Reasonable Efforts Checklist section of the Safety
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September 2000 Page 128
Assessment, by identifying persons or agencies that will take responsibility for a child’s
safety. It provides a detailed description of the specific steps that everyone participating
in the plan has agreed to for keeping a child safe. A safety plan is completed for every
substantiated report and for any unsubstantiated case that is required to remain open
(e.g. court-ordered supervision). A plan is completed at any time during an investigation
that a safety assessment suggests a child might not be safe. There must be a plan in
place by the completion of the investigation on substantiated reports and those
that will remain open for court-ordered supervision.
One safety plan can be developed for all children in the family; however, it must be
individualized, as needed, to cover the conditional and unique safety needs of any child
whose needs differ from needs of other children covered by the plan.
Remember, Form 455B (Safety Plan) is not a case plan. The case plan identifies
selected goals and the steps to be followed when making the long-term changes
necessary for future and ongoing protection and safety of a child. The Safety Plan
describes the safety controls that are in place up until the time a case plan is
developed and activated. However, a new safety plan may be needed whenever
circumstances change and a new safety assessment determines that new controls are
needed to ensure safety. A Safety Plan remains in place while the ongoing case
manager assesses the family’s strengths and needs and develops with the family
a case plan. The ongoing case manager who receives a case in transfer from
investigations must continue to follow the safety plan, as written, or work with the
involved parties of the plan to make any needed adjustments.
Requirement
Complete a Safety Plan*, using Form 455B, for:
 Any child with substantiated maltreatment;
 Any child whose circumstances require a safety plan prior to the investigation
being completed;
 Any child in an unsubstantiated case that is required to remain open:
 Any child in an ongoing CPS case when a reassessment indicates risk level has
increased, or as needed when safety concerns are identified.
*[Exception: a safety assessment and safety plan are not completed when the alleged
maltreater is a day care provider, foster parent, school employee or an agency standing
in loco parentis.]
The Safety Plan requires a response for each identified behavior or condition (safety
factors) answered with a “Yes” on the Safety Assessment. Restate each Safety Factor
on the Safety Plan. Involve parents and others who will be responsible for a child’s care
with the development of the safety plan. Include the following information:
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Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 129
 Detailed safety steps for each identified factor that indicates the presence of
behaviors and conditions that make a child unsafe.
 Names of persons who will be responsible for a child’s protection. Describe in
Steps how each person has agreed to help protect the child will be protected? A
plan where the person allegedly responsible for maltreatment is given
responsibility for the child’s safety may not be a plan that will succeed. Do not
give this person this responsibility without first discussing the proposed plan with
the supervisor. When making a decision for the alleged maltreater to be a safety
control resource, consider the frequency of alleged maltreatment, including any
history of maltreatment (is this an isolated situation vs. the alleged maltreater has
been indicated in other situations), ages of children and the seriousness of any
alleged or substantiated maltreatment.
 Names of persons who have agreed to full or part-time responsibility for a child's
care (see 2104.33) in situations where a child must be temporarily separated
from parents, or who will provide respite care, if needed, to assist the parent in
the process of making the necessary changes to avoid future incidents of
maltreatment? Describe in steps the details of how and when these persons will
assume responsibility for the child’s care.
 What has a parent or others agreed to do to deal with the frustrations that led to
the maltreatment incident? Describe these agreements as steps, giving details of
who will do what, where, when and other pertinent information.
 Identify who (relative, neighbor, visiting nurse, school social worker, etc.) sees a
child on a regular basis and has agreed to notify CPS immediately of any
concerns? Describe in steps how these notifications will occur.
 List other tasks, identified as immediate steps, that the parent will take to ensure
protection and safety and to reduce risk (e.g., enrolling a child in school,
beginning immunizations, clearing yard of hazardous debris, having a child
examined by a pediatrician, etc.).
 List specific agreed on case manager activities and responsibilities for contacts
with plan participants and any other steps showing case manager involvement.
 Document on the Safety Plan form the date that safety
planning was discussed with parents. Document on the
contact sheet (Form 452) the extent of parents’ involvement
in the safety planning and their agreement to the plan.
Discuss the completed safety plan with the supervisor. The supervisor’s
signature on the plan means that the supervisor has read and approves the plan.
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September 2000 Page 130
Review the approved plan with parents and ask for their signature. The parents’
signature indicates they have read the plan, whether they agree with it or not; however,
their participation in developing the plan should ensure their agreement. Give parents
a copy of the plan, regardless of whether they sign the plan. Document on Form
452 (Contact Sheet) a parent’s unwillingness to sign a plan and the reasons and
whether the parent is willing to work with the department, even if not willing to
sign the plan.
Procedures/Practice Issues
A safety plan will probably be ineffective if the family sees it only as the case manager's
plan or the DFCS plan. For this reason, it is very important to involve parents in the
development of the safety plan.
It is important to remember that the case manager reviews provisions of the Safety Plan
with parents at every contact and determines whether any portion needs modifying.
BACK CONTENTS FORWARD
2107 FAMILY PRESERVATION PROGRAMS
Introduction
Early Intervention/Preventive Services, Parent Aide Services, Prevention of
Unnecessary Placement (PUP), and Homestead programs are Georgia Department of
Human Resources initiatives to provide family services to families with children in need
of service, at risk for foster care placement, or ready for reunification. It is critical that
we establish partnerships with community-based resources so that together we can
assist families in need of early intervention as well as those in need of more intensive
services.
These are purchased services through community based organizations, vendors and
service providers. These programs are designed to help ensure a child’s protection,
safety and best interest. These services can be utilized on a continuum or in tandem as
part of a family’s safety and/or case plan to manage and reduce the risk factors
contributing to child abuse and neglect. Providers of these services are mandated
reporters and must report to the Department suspected cases of child abuse or neglect.
EARLY INTERVENTION/PREVENTIVE SERVICES
The goal of Early Intervention/Preventive Services is to provide voluntary family support
services and information about community services to prevent problematic family issues
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September 2000 Page 131
from escalating to the point of required CPS intervention. Families believed to be in
need of early intervention services are referred to community based resources by the
county department. Early Intervention/Preventive Services are purchased services
through a vendor. Early Intervention services are available for CPS referrals that are
substantiated and closed with dispositions of low risk, referrals that are
unsubstantiated and closed, referrals that are screened-out and open cases
reassessed as low risk and subsequently closed. (See 2107.1)
Early Intervention/Preventive Services are voluntary and are offered at no cost to the
family. If a child is being seriously or deliberately maltreated or physical living
conditions are hazardous, an out-of-home placement is required to assure safety.
Early Intervention will not be used to keep children in unsafe environments or at
risk of further maltreatment.
A family with an open CPS case is not eligible to receive Early Intervention/Preventive
Services but may be eligible for Parent Aide Services. Early Intervention/Preventive
Services engage paraprofessional staff to provide parenting education and support to
families through group classes, in-home visitation and provide information about
community services. These services are designed to strengthen vulnerable families
and prevent child abuse and neglect. Early Intervention staff work with families to
prevent problematic family issues from escalating to the point of requiring CPS
intervention.
Early Intervention/Preventive Services may give a family the help it needs before
problems become serious enough for CPS. If a family requires more than “brief” or
early intervention, the case may need to be opened and additional services provided. If
a case is opened, Early Intervention services are closed. If the case is opened, the
case manager assesses the situation and determines what services are needed.
Additionally, Early Intervention services may be used for open CPS cases that have
been reassessed as low risk and closed.
For a detailed description of Early Intervention/Preventive Services, eligibility
requirements, and procedure/practice guidelines, see 2107.1 through 2107.7.
*Adult Protective Services cases are not eligible for Early Intervention/Preventive Services.
PARENT AIDE
The goal of the Parent Aide Program is to stabilize and help families in need of
intervention by providing in-home and group parenting education and referring these
families to community based resources. Parent Aide Services are a paraprofessional
family support and prevention program available to any family with an open Social
Services* case. The Parent Aide Program engages paraprofessional staff to provide
parenting education, training and support to families through group classes and in-home
visitation. Parent Aides work as a team member with casework staff, with the goal of
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 132
ensuring the safety and protection of children by improving parenting competency.
Objectives are to strengthen the parent-child bond, reduce social isolation, build trust,
help parents identify their children’s needs and ways to respond to those needs, and
appropriate discipline. Other responsibilities may include emergency respite care, food
and nutrition education (i.e. meal planning, advice on grocery shopping, meal
preparation, safe food handling and sanitation), information on homemaking and
budgeting topics, and assistance in accessing community resources.
The Parent Aide Program is a paraprofessional support program, as opposed to
therapeutic intervention. Parent Aide services are most useful for cooperative parents
who are experiencing stress and are open to learning new approaches to parenting.
These services are not designed to address issues that require clinical intervention.
Parents who have chronically neglected, seriously injured, sexually abused, abandoned
a child or have a mental illness or disability often need more structured intervention than
is available through parent aides.
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 133
For a detailed description of Parent Aide services, eligibility requirements, and
procedure/practice guidelines, see 2107.8 through 2107.14.
*Adult Protective Services cases are not eligible.
PREVENTION OF UNNECESSARY PLACEMENT (PUP)
The goal of PUP services is to reduce risk factors contributing to child maltreatment to
ensure the protection and safety of children. PUP services include: emergency
housing/financial assistance, temporary child care services, counseling, emergency
transportation needs, emergency medical/dental needs and psychiatric/psychological
testing, funding for drug screens, and substance abuse assessments. A family must
have an open Social Services case to receive PUP services.
The PUP Program offers an array of support and intervention services. Through PUP,
psychological or psychiatric assessments, substance abuse assessments, drug
screens, and counseling may be obtained through vendors who have the necessary
skills and training to address more serious problems. PUP may be used to help a family
through a financial crisis with emergency rent, utilities or child care. The most ineffective
use of PUP is to pay for rent or utilities without assessing how the family got into this
difficulty. If the family's crisis is because of some unavoidable emergency, PUP can be
helpful. If the family's difficulties are chronic and reflecting a lifestyle of crisis, PUP
should not be used.
For a detailed description of PUP services, eligibility requirements, and
procedure/practice guidelines, see 2107.15 through 2107.25.
*Adult Protective Services cases are not eligible.
HOMESTEAD
The goal of Homestead Services is to stabilize and help families in need of intensive
therapeutic intervention to insure a safe and healthy environment for the family.
Homestead Services provide short-term, intensive, crisis-oriented, in-home counseling
program in order to stabilize the family and insure a safe and healthy environment for
the children. This program attempts to meet the immediate /crisis-oriented needs of
families while also beginning to address the root causes of family dysfunction with
therapeutic intervention strategies. The Homestead program provides comprehensive
assessment, family support, counseling and crisis intervention to manage the risk
factors contributing to child abuse and neglect. A family must have an open Social
Services* case to receive Homestead services.
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 134
Homestead is the most intensive of the Family Preservation programs. Homestead
services are best matched to families in crisis and who require therapeutic or clinically
oriented intervention. Homestead has been successful with a variety of families with
significant problems. Several common factors with these families include a desire and
motivation to change and the emotional and intellectual resources to benefit from
counseling. Homestead Services can and should be used for cases that have been
evaluated and found to be high-risk cases. Additionally, Homestead Services can be
used for children at imminent risk of f placement and reunification when a child is being
returned to his/her family. Homestead Services can be part of the reunification plan.
For a detailed description of Homestead services, eligibility requirements, and
procedure/practice guidelines, see 2107.26 through 2107.32.
*Adult Protective Services cases are not eligible.
Family Preservation Programs
Early Intervention/Preventive Services can help families before they reach the point of
needing CPS intervention. Once a case is opened for services, Parent Aide, PUP and
Homestead Program can work together providing support, education and counseling to
families to form a continuum of services. Each program offers distinct strengths and
services. DFCS case managers assess which services are most appropriate for each
family. The following is a general comparison of the programs and the families they
best serve.
Several tenets of family preservation services underlie the philosophy of the Early
Intervention/Preventive Services, Parent Aide, PUP, and Homestead programs:
1.The goal of family preservation services is to ensure the protection and safety of a
child at risk of maltreatment.
2.The Division of Family and Children Services should invest at least, as much time,
energy and resources into preserving and strengthening a child's natural family as it
would spend in providing out-of-home care for that child. No child in the State of
Georgia should be placed into foster care for purely or chiefly temporary financial
problems in the family.
3.Family preservation services help families help themselves by preserving and
strengthening a child's own family and promoting a family's self-sufficiency,
self-determination and independence.
Social Services Manual Child Protective Chapter 2100, Table of Contents
May 2002 Page cxxxv
4.Family Preservation Programs are key elements in Georgia's family preservation
services and permanency planning required by Public Law 96-272, the Adoption
Assistance and Child Welfare Act of 1980.
5.Family Preservation Programs are supported by P.L. 103-66, the Family Preservation
and Support Services; Omnibus Budget Reconciliation Act of 1993.
Several factors suggest that family preservation services may not be effective in certain
cases. Out-of-home placement of children into foster care is necessary whenever a
child’s safety cannot be ensured through controlling safety interventions, or when risk
cannot be effectively managed in the home. A CHILD'S RIGHT TO PROTECTION
AND SAFETY OUTWEIGHS A PARENT'S RIGHT TO THE CHILD AND IS ALWAYS
THE PRIMARY CONSIDERATION IN CPS. Therefore, family preservation may not be
an appropriate goal in the following situations:
 chronic, cruel or life-threatening abuse
- sexual abuse where the offender is likely to have access to the child, or where the
non-offending parent is unwilling or unable to be protective of the child
 families with a death of a sibling as a result of maltreatment
- families with repeated foster care placements
 parents that have abandoned the child
- children that refuse to go home or parents that do not want their children home
 parents with drug or alcohol addiction that is being denied or untreated
- parents with repeated or serious criminal activity
 parents denying the maltreatment or unwilling to participate in necessary services
Department of Human Resources
Online Directives Information System
Index: MAN3030
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SUBJECT: Promotion and Protection of the Welfare of Children
Table of Contents
Social Services Manual Child Protective Chapter 2100, Table of Contents
May 2002 Page cxxxvi
SECTION # TITLES
Section I Introduction
2101.1 Purpose of Child Protective Services
2101.2 Legal Basis
2101.3 Statement of Good Practice Principles
2101.4 Distinctive Characteristics
2101.5 Definitions
Section II Juvenile Court - Placement Issues
2102.1 Court Intervention to Protect Children
2102.2 Permanency for Children
2102.3 Reasonable Efforts
2102.4 Reasonable Efforts - Documentation
2102.4a Diligent Search
2102.5 Authority to Remove a Child from the Parent/Legal Guardian
2102.6 Indian Child Welfare Act
2102.7 Juvenile Court Procedures
2102.8 Appointment of a Guardian ad Litem
2102.9 Deprivation Resulting From Substance Abuse
2102.10 Emergency Removal
2102.11 Other Removal Options
2102.12 Verbal Orders
2102.13 Family Assessment and 30-Day Case Plan
2102.14 Developing the 30-Day Case Plan
2102.15 Responsibility for Children in the Department’s Custody
2102.16 Family Visitation for Children in the Department’s Custody
2102.17 Keeping the Court Informed
2102.18 Taking a Case Back to Court
2102.19 Return of Custody to Parent
2102.20 Grounds for Termination of Parental Rights
Section III Intake
2103.1 Introduction
2103.2 Twenty-Four Hour Report and Response Capacity
2103.3 Public Awareness
2103.4 Receiving Reports
2103.5 Mandated Reporters
2103.6 Mandated Reporters Not Reporting
2103.7 Components of a Report
2103.8 Reports of Parental Alcohol and Other Substance Abuse
2103.9 Reports of Juvenile Substance Abuse
2103.10 Report Received of a Newborn in a Family with previous CPS History
2103.11 Reports of Cases of Suspected Statutory Rape
2103.12 Form 453 (Child Abuse/Neglect Intake Worksheet)
2103.13 CPS History
Social Services Manual Child Protective Chapter 2100, Table of Contents
May 2002 Page cxxxvii
2103.14 Making an Intake Decision
2103.15 Response Time Calculation
2103.16 Immediate to 24-Hour Response Required
2103.17 Request for Immediate Short-Term Emergency Care
2103.18 Screened-Out Reports
2103.19 Report Received on An Active Case
2103.20 Referrals to Law Enforcement
2103.21 Child Protective Services Log
2103.22 CPS Across County Lines
2103.23 Form 590 (Internal Data System)
2103.24 Reporting Procedures Following Placement Activities
2103.25 Response to a Request to Evaluate a TANF Recipient
Prior to a Second Sanction
Appendix A Decision Trees
Appendix B Substance Abuse and Child Maltreatment
Section IV Investigation
2104.1 Introduction
2104.2 Time Frame
2104.3 Drug Exposed/Addicted Infants
2104.4 Lack of Supervision
2104.4a Child Taken into Custody by Physician
2104.4b “Safe Place for Newborns” Infant
2104.5 Requests for Immediate Short-Term Emergency Care
2104.6 Court-Ordered Supervision
2104.7 CPS Investigation of a TANF Recipient
2104.8 Special Investigations and Miscellaneous Requests
2104.9 Preparing for the Initial Interview
2104.10 Meeting Response Time
2104.10a Obtaining Offender and Conviction Data
2104.11 Contact With Children
2104.12 Initial Contact Made with Child Away From Home
2104.13 Initial Contact Made with Child in the Home
2104.14 Notifying Parent of Interview with Child Away from Home
2104.15 Confidentiality of Reporter Information
2104.16 Initial Interview with the Parent
2104.17 Safety Assessment (Form 455A)
2104.18 Safety Plan (Form 455B)
2104.19 Unsuccessful Attempted Contact
2104.20 Family Refuses to Cooperate
2104.21 Collateral Contacts - Gathering and Verifying
All Available Evidence
2104.22 Investigative Conclusion (Form 454)
2104.23 Case Determination
2104.24 Closure of Case with Child Fatality
2104.25 Alcohol and Other Substance Abuse in
Substantiated Investigations
2104.26 Drug Screens
2104.27 Risk Assessment Scale (Form 457)
2104.28 Failure to Meet 30-Day Time Frame for Completing an Investigation
2104.29 Client Notification
2104.30 Case Review Request
Social Services Manual Child Protective Chapter 2100, Table of Contents
May 2002 Page cxxxviii
2104.31 Additional Reports
2104.32 Form 431 2104.33
2104.34 Imminent Risk and Safety
2104.35 Response Overrides
2104.36 Contact for Cases Transferred for Ongoing Services
2104.37 Substantiated Cases and Community Resources
2104.38 Employment Services Responsibility at Investigation
2104.39 Investigation Documentation
2104.40 Family Moves During Investigation or Ongoing Services
2104.41 Family Moves to Unknown Location - Loss of Contact
Appendix A Drug Screens
Section V Case Management
2105.1 Introduction
2105.2 CPS Targeted Case Management Tearsheet
2105.3 Case Contact
2105.4 Face-to-Face Contacts
2105.5 Collaterals
2105.6 Strengths/Needs Assessment and Case Plan Preparation
2105.7 Strengths and Needs
2105.8 Form 458 (Strengths/Needs Assessment Scale)
2105.9 Case Plan - Initiation and Time Frame
2105.10 Form 387 (Social Services - Case Plan)
Form 388 (Case Plan: Goals / Steps)
Case Plan Development
2105.11 Joint CPS/TANF Cases
2105.12 Service Selection
2105.13 Service Provision
2105.14 Use of Drug Screens in Ongoing Case Management
2105.15 Relapse Issues in Substance Abuse Cases
2105.16 Purpose of Case Contacts
2105.17 Case Management Documentation
2105.18 Case Reassessment
2105.19 Collecting Information for Case Reassessment
2105.20 Case Closure Decision
2105.21 Case Closure Requirements
2105.22 Closure of Cases Active with TANF
Section VI SpecialInvestigations
2106.1 Introduction
2106.2 Assignmentofan Investigator for a Special Investigation
2106.3 Responsibilities ofthe ResidentCounty and Out-of-County Investigator in
a Special Investigation
2106.4 Staff Notifications ofReports of Abuse and Neglecton a Child in the Legal
Custody ofDFCS/DHR
2106.5 Response Time Calculations for Reports of Abuse or Neglecton a Child in
the Legal custody ofDFCS/DHR
2106.6 Reportof Abuse and Neglectin DFCS Homes - Introduction
2106.7 Intake Procedures for Reports ofAbuse and Neglectin DFCS Homes
Social Services Manual Child Protective Chapter 2100, Table of Contents
May 2002 Page cxxxix
2106.8 Investigative Standards for CPS Investigations in DFCS Homes
2106.9 Documentation of CPS Investigations in DFCS Homes
2106.10 Required Staffings in CPS Investigations of DFCS Homes
2106.11 Administrative Review ofCPS Investigations in DFCS Homes
2106.12 Policy Waiver Requests for DFCS Homes
2106.13 Release ofInformation in CPS Investigations of DFCS Homes
2106.14 Reports ofAbuse and NeglectofChildren in the Legal Custody ofthe
DFCS Caregiver
2106.15 Reports ofAbuse and Neglectin Private Agency Homes and State
Operated Homes - Introduction
2106.16 Intake Procedures for Reports ofAbuse and Neglectin Private Agency
and State Operated Homes
2106.17 Investigative Standards for CPS Investigations in Private Agency and
State Operated Homes
2106.18 Documentation of CPS Investigations in Private Agency and State
Operated Homes
2106.19 Required Staffing in CPS Investigations in Private Agency and State
Operated Homes
2106.20 Administrative Review ofCPS Investigations in Private Agency and State
Operated homes Approved for Children in the Legal Custody ofDFCS/DHR
2106.21 Requests for Children in the Legal Custody of DFCS/DHR to Remain in a
Private Agency/State
Operated Home
2106.22 Release of Information in CPS Investigations
of Private Agency and State Operated Homes
2106.23 Reports ofAbuse and Neglectin Residential Facilities - Introduction
2106.24 Developing Procedures for CPS Investigations in Residential Facilities
2106.25 Intake Procedures for Reports ofAbuse and Neglectin Residential
Facilities
2106.26 Investigative Standards for CPS Investigations in Residential Facilities
2106.27 Documentation of CPS Investigations in Residential Facilities
2106.28 Release ofInformation in CPS Investigations of Residential Facilities
2106.29 Reports ofAbuse and Neglectin Public and Private Non-Residential
Schools - Introduction
2106.30 Intake Procedures for Reports ofAbuse and Neglectin Public and Private
Non-Residential Schools
2106.31 Investigative Standards for CPS Investigations in Public and Private Non-
Residential Schools
2106.32 Documentation of CPS Investigations in Public and Private Non-
Residential Schools
2106.33 Release ofInformation in CPS Investigations in Public and Private Non-
Residential Schools
2106.34 Reports ofAbuse and Neglectin Non-Residential Facilities - Introduction
2106.35 Intake Procedures for Reports ofAbuse or Neglectin Non-Residential
Facilities
2106.36 Investigative Standards for CPS Investigations in Non-Residential
Facilities
Social Services Manual Child Protective Chapter 2100, Table of Contents
May 2002 Page cxl
2106.37 Documentation of CPS Investigations in Non-Residential Facilities
2106.38 Release ofInformation in CPS Investigations of Private Agency and State
Operated Homes
Appendix
Appendix A Taylor v. Ledbetter, U.S. District ConsentDecree
Appendix B Special Investigations Cover Memorandum
Appendix C Special Investigations Summary Reportofa Home Approved for a Child in
the Legal Custody ofDFCS/DHR
Appendix D Special Investigations Summary Reportofa Facility Approved for a Child
in the Legal Custody ofDFCS/DHR
Appendix E Facility/Agency Case Determination Letter
Appendix F Use of Corporal Punishment in Schools
Section VII Family Preservation
2107 Family Preservation Programs
2107.1 Early Intervention/Preventive Services
2107.2 Role of Early Intervention/Preventive Services
2107.3 Eligibility for Early Intervention/Preventive Services
2107.4 Early Intervention/Preventive Services Application and Record Maintenance
2107.5 Early Intervention Fees and Program Structure
2107.6 Services Reporting Requirements
2107.7 Contracting for Early Intervention Services
2107.8 Parent Aide Program
2107.9 Role of the Parent Aide
2107.10 Eligibility for Parent Aide Services
2107.11 Parent Aide Services Application and Record Maintenance
2107.12 Parent Aide Services: Fees and Program Structure
2107.13 Parent Aide Services Reporting Requirements
2107.14 Contracting for Parent Aide Services
2107.15 Prevention of Unnecessary Placement Program (PUP)
2107.16 Eligibility for PUP Services
2107.17 Financial Need/Family Contribution
2107.18 PUP Services Application and Record Maintenance
2107.19 Determining Funding Approval Amounts
2107.20 PUP Program: Approved Services
2107.21 Verification of PUP Expenditures
2107.22 PUP as Part of the Case Plan
2107.23 Documentation of Changing PUP Needs
2107.24 PUP Between Counties
2107.25 PUP Reporting Requirements
2107.26 Homestead Program
2107.27 Eligibility for Homestead Services
2107.28 Homestead Services Application and Record Maintenance
2107.29 Homestead Services: Fees and Program Structure
2107.30 Homestead Services Reporting Requirements
2107.31 Contracting for Homestead Services
2107.32 Homestead Provider Qualification Guidelines
Appendix A Determination of PUP Authorization Amount 75%
Per Diem Cost Chart
Social Services Manual Child Protective Chapter 2100, Table of Contents
May 2002 Page cxli
Appendix B Social Services MOU Annex B: Early Intervention/PUP/ParentAide/Homestead Monthly
Report
Section VIII Administrative Case Review
2108.1 Introduction
2108.2 Reporting a Child Death or Serious Injury
2108.3 Investigations of Child Deaths and Serious Injuries of Children in DFCS
Legal Custody
2108.4 Case Record Management
2108.5 State Office Internal Review Process
2108.6 Supplemental Reports
2108.7 Administrative Review ofCPS Investigations in Homes Approved for
Children in Legal Custody of DFCS
2108.8 Administrative Review ofCPS Special Investigations by the Social
Services Section Director
2108.9 Child Fatality Review
Appendix A Concurrence Letter
Section IX Information Management
2109.1 Contact With the Media
2109.2 Confidentiality
2109.3 Information Subject to Open Records Act
2109.4 Requests to Inspect Records
2109.5 Release of Information to Parents
2109.6 Subpoenas for Depositions and Case Records
2109.7 Responsibility for Case Confidentiality in Court Testimony
2109.8 Request for Assistance from DFCS Legal Officer
2109.9 Report to the Missing Children Bulletin
2109.10 Contact with Board Members
2109.11 Contact with Legislators and County Officials
Appendix A Information Which May be Maintained in Case Records
Section X Forms
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Page142 of 306
Y ou are here: Home » O ur Work » C hild Welfare » Representation and the Right to C ounsel » Georgia DFCS Juvenile Court Deprivation
Case Reference Manual, April 2004
Georgia DFCS Juvenile Court Deprivation Case Reference Manual,
April 2004
A Reference Manual for Department of Family
and Children Services Case Managers
Principal Developers:
 Chris Harris, Research Assistant, Georgia Supreme Court Child Placement Project
 Melissa Dorris, Research Assistant, Georgia Supreme Court Child Placement Project (2001
Revision)
 John Taylor, Research Assistant, Georgia Supreme Court Child Placement Project (2001
Revision)
 Laurie-Ann Fallon, Research Assistant, Georgia Supreme Court Child Placement Project (2004
Revision)
Contributor:
 Robert Grayson, Special Assistant Attorney General of Cobb County
This manual was written to provide informal information about the process of child deprivation cases.
It is not to be used as the official authority on law and procedure. Please consult your current DFCS
policy and procedure manual for official policy.
Funded by the Georgia Supreme Court Child Placement Project
November 1997; Revised June 2001; Updated April 2004
I. Introduction
As a DFCS case manager, you are heavily involved in the juvenile court process in cases involving the abuse
or neglect of children. As a result you have the potential to exert an enormous amount of influence on the
direction of a child's life. This manual is designed to give DFCS case managers an understanding of Georgia
law and juvenile court procedures as they relate to deprivation cases brought by the Division of Family and
Children Services. The manual is written in chronological order and will take you through the legal
requirements and the expectations of the court in a deprivation case from the first allegation, through the
removal of the child from the home, up to and including the possibility of terminating parental rights. The
manual discusses the investigation of an allegation by DFCS, preliminary protective custody, 72-hour
emergency hearings, the filing of deprivation petitions, adjudicatory and dispositional hearings, judicial
review of cases and termination of parental rights. In addition, the manual will discuss what types of
evidence from your case record will be admissible in court in each of these hearings. Finally, the manual will
provide helpful hints on how to prepare yourself to testify in court. We hope that this manual gives you a
Page143 of 306
basic understanding of Georgia juvenile court procedures. In no way is this manual to be considered the
official policy of DFCS or the juvenile court system. This document is simply a short summary of the law as
it may apply to your position as a case manager. There is a great deal of information concerning Juvenile
Law not included in this material. As part of the ongoing Child Placement Project, similar manuals have been
prepared for Special Assistant Attorney Generals, as well as attorneys for parents and attorneys for children.
II. Jurisdiction of Juvenile Court
A. Jurisdiction of the Court
Jurisdiction is the authority of a court to hear a case. There are two types of jurisdiction. Personal
jurisdiction is the authority of the court to hear a case concerning a particular individual. Subject matter
jurisdiction is the power of a court to hear certain types of cases such as a juvenile deprivation petition.
In Georgia, the juvenile court has exclusive jurisdiction over a child who is alleged to be deprived. O.C.G.A.
§ 15-11-28(a)(1)(C). A child is defined under the code for purposes of a deprivation action as anyone under
the age of 18. O.C.G.A. § 15-11-2(2)(C). This gives the juvenile court system subject matter jurisdiction
over deprivation cases in general as well as personal jurisdiction over the juveniles themselves. Ferreira,
McGough's Ga. Juvenile Practice and Procedure (2nd ed.), § 4.2, 4.8. The juvenile courts also have exclusive
jurisdiction over proceedings involving the termination of a legal parent-child relationship as well as the
rights of a biological father who is not the legal father of a child unless the petition is brought for purposes
of an adoption. O.C.G.A. § 15-11-28(a)(2)(C). When the petition is brought for purposes of an adoption, the
juvenile courts are granted concurrent jurisdiction with the superior courts to terminate a legal parent-child
relationship or the rights of a biological father who is not the child's legal father in connection with an
adoption proceeding. O.C.G.A. § 15-11-28(a)(2)(C). The juvenile court is also allowed to hear a legitimation
petition either transferred from superior court or filed with respect to a child over whom a deprivation
proceeding is pending in that juvenile court. O.C.G.A. § 15-11-28(e). The juvenile courts also have exclusive
jurisdiction over proceedings involving the Interstate Compact on Juveniles.O.C.G.A. § 15-11-28(a)(2)(B).
Under the Georgia Constitution, the superior court system has exclusive jurisdiction over all divorce actions.
Ga. Const. 1983, Art. VI, §IV, I. As a result, some confusion often arises when deprivation is alleged in a
custody battle between the child's parents. Juvenile courts will not accept a deprivation petition filed by one
parent against another because it is most likely an attempt to gain custody of the child by bypassing a more
Page144 of 306
stringent standard of proof necessary to modify a custody award. In the Interest of W.W.W., 213 Ga. App.
732 (1994). All deprivation proceedings arising between the child's parents must be originally filed in
superior court. If the superior court judge determines that the deprivation proceeding is not a custody
dispute in disguise, the judge will transfer the deprivation issues to the juvenile court for adjudication. In
the Interest of M.A. et al., Children, 218 Ga. App. 433 (1995). Thus, during the investigation of an
allegation of deprivation, it is possible that the caseworker will have some contact with the superior court
system as well.
[Juv-Sup Graphic Goes Here]
B. Definition of Deprivation
The code lists four circumstances in which a child can be considered "deprived". When the child:
1. is without proper parental care or control, subsistence, education as required by law, or other
care or control necessary for his physical, mental, or emotional health or morals;
2. has been placed for care or adoption in violation of the law;
3. has been abandoned by his parents or other legal custodian; or
4. is without a parent, guardian, or custodian.
O.C.G.A. § 15-11-2(8)(A-D).
One important exception is specifically listed in the code. "No child who in good faith is being treated solely
Page145 of 306
by spiritual means through prayer in accordance with the tenets and practices of a recognized church or
religious denomination by a duly accredited practitioner thereof, shall, for that reason alone, be cons idered
to be a deprived child." O.C.G.A. § 15-11-2(8). The Juvenile Code seems to allow for the refusal of
traditional medical treatments based upon the religious beliefs of that child's parents. A child cannot be
classified as deprived solely because his parents choose to forego a standard medical treatment
recommended by a child's physician. Although no court has defined the exact boundaries of this statutory
exception, some commentators have suggested that if a child's life or long term health are endangered due
to a lack of medical care, state intervention is still appropriate regardless of the justification posed by the
parents. Ferreira, McGough's Ga. Juvenile Practice and Procedure (2nd ed.), § 4-7. This issue has yet to be
resolved. However, it is clear that when a parent's refusal is not based upon his/her religious beliefs, the
state is authorized to intervene in cases of medical neglect. Bendiburg v. Dempsey, 909 F.2d 463 (11th
Cir.
1990).
1. Without Proper Parental Care or Control
The first definition of deprivation focusing on whether the child is without proper parental care or control is a
general catch-all provision. The vast majority of deprivation petitions are filed on this basis. You may notice
that the statutory definition of deprivation is written in broad, non-specific language. This area of the code is
to be "liberally construed" by the court in order to assist and protect "children whose well-being is
threatened." O.C.G.A. § 15-11-1(1). The definition of deprivation is broad enough to allow "sufficient
latitude of discretion for the juvenile court." Moss v. Moss, 135 Ga. App. 401 (1975).
The broad definition given for deprivation is commonly understood to include children who are abused,
neglected, and exploited as defined in other sections of the Georgia Code. 1976 Op. Atty Gen. No. 76-131.
The Official Code of Georgia § 19-7-5(b)(3)(A) defines "Child Abuse" as physical injury or death inflicted
upon a child by a parent... by other than accidental means; provided, however, physical forms of discipline
may be used as long as there is no physical injury to the child. The definition also includes the neglect or
exploitation of a child by a parent or caretaker as well as sexual assault or exploitation of such a
child. O.C.G.A. § 19-7-5(b)(3)(B-D).
Many cases combine not only "moral unfitness, physical abuse and abandonment," but also frequent moves
from home to home which can prevent the successful formation of a parent-child relationship. Elrod v. Hall
County Dept. of Family and Children Services, 136 Ga. App. 251 (1975). There can be a substantial danger
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that the child will suffer emotional as well as physical, mental, and moral harm. These cases therefore
justify labeling the child as deprived under the catch-all definition given in the Juvenile Code. Id.
A finding of deprivation is not a finding of some sort of "fault" upon the abilities and actions of that child's
parents. The definition of a deprived child focuses on the needs and safety of the child regardless of whether
the behavior of the child's parents either caused the child's deprivation or could have prevented it. Brown v.
Fulton Co. Dept. of Family and Children Services, 136 Ga. App. 308 (1975). In a situation where a child has
been sexually abused by her father, the Court of Appeals has held that a juvenile court does not abuse its
discretion by removing a child from the care and custody of her mother as well if her mother did not believe
that the abuse was occurring and was unwilling to remove the child from danger by leaving the home of the
child's father. In the Interest of B.H., 190 Ga. App. 131 (1989).
A finding of deprivation must be based upon the present conditions of the child as opposed to any alleged
past deprivation or potential deprivation in the future. The juvenile court system only has jurisdiction over
cases in which a child is alleged "to be" deprived as opposed to cases in which a parent alleges that the child
was deprived and potentially will be deprived again if returned to the child's other custodial parent. Lewis v.
Winzenreid, 263 Ga. 459 (1993).
A finding that a child might be better off in a different environment is insufficient for a finding that the child
is deprived. The mere fact that the child's home life is substandard in terms of economics or cleanliness is
not necessarily grounds for state intervention. R.C.N. v. State of Georgia, 141 Ga. App. 490 (1977).
However, "unfortunate economic and personal circumstances" are not an excuse for parents to ignore the
basic hygiene and medical needs of their child. "Even the poorest of the poor can be expected to maintain
reasonably clean and hygienic living conditions." Vermilyea v. Dept. of Human Resources, 155 Ga. App. 746
(1980).
Since the main definition of deprivation in the Juvenile Code is purposefully written without specific
language, you may have difficulty in certain circumstances determining if a child should be considered
deprived. Your DFCS policy manuals can provide you with assistance in these situations. You will often need
to refer to the DFCS guidelines for determining who is a deprived child and when it is appropriate to file a
petition. (See Child Protective Services Manual).
2. Unlawful Adoption
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Placing a child in care or adoption in violation of law is another potential justification for a finding that a child
is deprived. This category requires an explanation of Georgia adoption law that is beyond the scope of this
manual. There are specific laws and regulations governing the conduct of adoptions and should any
questions arise in this area you should consult the SAAG representing your county department or the main
DFCS office in Atlanta. Since this definition of deprivation is almost never used at the trial court level, there
are no appellate court decisions interpreting this section of the law and the precise meaning of this category
remains unclear. However, it is clearly illegal for any individual or organization to hold out inducements to
parents to part with their children. O.C.G.A. § 19-8-24(a)(2). The law also forbids any form of advertising
that a person or organization will adopt or will arrange for a child to be adopted or placed for
adoption. O.C.G.A. § 19-8-24(a)(1).
3. Abandonment
Abandonment clearly seems to cover intentional parental desertion. Ferreira, McGough's Ga. Juvenile
Practice and Procedure (2nd ed.), § 4-6. Abandonment is also used as a justification for the termination of
parental rights. In termination hearings, the question of abandonment is settled by a finding that there is
clear and convincing evidence of "actual desertion, accompanied by the intention to sever entirely, so far as
possible to do so, the parental relation and throw off all obligations growing out of the same, and forego all
parental duties and claims." Thrasher v. Glynn Co. Dept. of Family and Children Services, 162 Ga. App. 702
(1982). Since a finding of deprivation will not permanently severe the legal relationship between a parent
and a child as in a termination hearing, abandonment as a justification for deprivation probably means
something short of the standard set forth in Thrasher. Ferreira, McGough's Ga. Juvenile Practice and
Procedure (2nd ed.), § 4-6. However, since this definition of deprivation is rarely used in practice, no
appellate court has focused on the issue and the questions remains open to debate
4. Without a Parent, Guardian, or Custodian
This justification for a finding of deprivation is also rarely used. Presumably, it means something other than
abandonment, such as a lack of a parent or guardian to care for the child due to illness, death, or
imprisonment. There is some indication that this standard can include situations in which one parent is
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deceased and another is incarcerated. In re J.R.T., a Child, 233 Ga. 204 (1974). However, given the large
number of deprivation cases involving incarcerated parents that are filed under the general category of a
"lack of parental care or control" it seems clear that this category is rarely used for that purpose.
[Deprivation Graphic Goes Here]
C. Venue
The SAAG representing your county must now consider in which juvenile court to file a deprivation petition.
This decision is called venue. A deprivation proceeding may be commenced in any county in which the child
resides or in any county where the child is present when action was taken to protect the child. O.C.G.A. §
15-11-29(a). If your county has either a full or part time juvenile court judge to hear deprivation cases, the
hearing should occur in your county since that will be where either the child resides or where the child was
present when the legal action was commenced. If your county has a superior court judge who periodically
hears juvenile court cases, the superior court judge can choose to hear your case in any county within your
judicial circuit. O.C.G.A. § 15-11-29(b). In such situations, it may be necessary for you to travel to another
county to appear in a deprivation hearing.
[Deprivation Flow Chart Goes Here.]
III. Removing A Deprived Child From The Home
A. Protective Custody
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The Georgia Juvenile Code allows a law enforcement officer or a duly authorized officer of the court to take a
child into custody "if there are reasonable grounds to believe that the child is suffering from illness or injury
or is in immediate danger from his or her surroundings and that his or her removal is necessary." O.C.G.A. §
15-11-45(a)(4). A commentator has suggested that a case manager is not authorized by law to remove a
child from the home without first obtaining a preliminary protective custody order explained in the next
section. Ferreira, McGough's Ga. Juvenile Practice and Procedure (2nd ed.), § 4-10. Furthermore, DFCS
policy specifically prevents a caseworker from removing a child from the home without first obtaining a court
order. See Child Protective Services Manual. Law enforcement officers often encounter situations of child
abuse and neglect during their daily interactions with the public. The law allows such an officer to
immediately remove a child from the home in these situations and permits the court to determine whether
the removal was necessary for the child's protection at a later time.
B. Removal by Court Order
Often DFCS will be contacted directly by school officials or other concerned citizens regarding the possibility
of abuse or neglect of a child without the involvement of law enforcement. If after an investigation the case
manager finds that there is a sufficient basis to remove the child from the home, a deprivation petition may
be filed with a juvenile court judge. The contents of this petition will be discussed later in this manual. Some
Georgia courts do not require the filing of a petition but will issue a summons upon the filing of a complaint
or affidavit or on the basis of sworn testimony. If the judge believes that the circumstances warrant removal
of the child, an order will be issued authorizing a law enforcement officer to take the child into
custody. O.C.G.A. § 15-11-49.1. While not explicitly authorized by the statute, it is apparently the practice
in some jurisdictions for the court to issue a "pick up" order after which the DFCS case manager will take
the child into custody. In situations in which you feel a confrontation with the parents or guardian of the
child is likely, it is advisable to request the assistance of a law enforcement officer in removing the child
from the home. In circumstances where the court feels that removal is unnecessary, the court also has the
option of simply issuing a summons directing the parents, guardian, or other custodian of the child to
appear at the adjudicatory hearing and to bring the child with him/her.O.C.G.A. § 15-11-39(c).
C. Procedures for Taking the Child into Custody
After removing the child from the home with or without a court order, a law enforcement officer or officer of
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the court should immediately bring the child before the juvenile court or promptly contact the juvenile court
intake officer. O.C.G.A. § 15-11-47(a)(3). Each juvenile or superior court judge must appoint one individual
to serve in this capacity during each twenty-four hour period. This individual may be the judge himself, an
associate juvenile court judge, a court service worker, or a person employed as a juvenile probation or
intake officer designated by the court. O.C.G.A. § 15-11-2(10). If the child is suffering from a serious
physical condition or illness which requires medical treatment, the law enforcement officer may take the
child to a medical facility prior to contacting the juvenile court intake officer. O.C.G.A. § 15-11-47(a)(2).
The intake officer should immediately begin an investigation to determine whether it is necessary to detain
the child or if the child can be released to his/her parents. O.C.G.A. § 15-11-49(a)). A child can be detained
or placed in shelter care prior to an informal detention hearing in four situations. When:
his detention or care is required to protect the person or property of others or of the child;
1. the child may abscond or be removed from the jurisdiction of the court;
2. he has no parent, guardian, or custodian or other person able to provide supervision and care
for him and return him to the court when required, or
3. an order for his detention or shelter care has been made by the court.
O.C.G.A. § 15-11-46(1-4).
Situation 4 occurs when an order for detention was already ordered by the court and the law enforcement
officer was ordered simply to pick up the child as required by the detention order.
If the intake officer determines it is not necessary to detain a child under these circumstances, the child will
be released to his parents or legal guardian. O.C.G.A. § 15-11-49(a)). If DFCS wishes to pursue the matter
after the child has been released by the intake officer, a deprivation petition must be filed with the court
within 30 days of the child's release. O.C.G.A. § 15-11-49(b). If the child is not released to his parent(s) or
guardian, an informal detention hearing before a juvenile court judge must be scheduled and held within 72
hours of removing the child from the custody of his/her parents. If this period ends on a Saturday, Sunday,
or legal holiday, the hearing shall be held on the next day which is not a Saturday, Sunday, or legal
holiday. O.C.G.A. § 15-11-49(c)(3). If the child is not going to be released prior to an informal detention
hearing, the child can only be placed in:
1. a licensed foster home or a home approved by the court which may be a public or private home
or the home of the noncustodial parent or of a relative;
2. a facility operated by a licensed child welfare agency; or
3. a shelter care facility operated by the court.
O.C.G.A. § 15-11-48(f).
The actual physical placement of a child requires the approval of the Juvenile Court Judge or his/her
designee. O.C.G.A. § 15-11-48(f).
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[Removing Child from the Home Graphic Goes Here.]
IV. 72-Hour Informal Detention Hearing
A. When is the hearing required? What must be shown?
An informal detention hearing within 72 hours of the child's removal from the home is required when the
juvenile court or the court intake officer has not released the child to the custody of his or her parents after
removal from the home. If the 72-hour period expires on a Saturday, Sunday, or legal holiday, the hearing
must be held on the next day of business which is not a Saturday, Sunday, or legal holiday. O.C.G.A. § 15-
11-49(c)(3). The Georgia Supreme Court has interpreted this time frame to be mandatory and if the hearing
is not held within 72 hours of the child's removal, the deprivation action should be dismissed without
prejudice. Sanchez v. Walker Co. Dept. of Family and Children Services, 237 Ga. 406 (1976). Dismissal
"without prejudice" means that the department may refile a deprivation petition if it has reason to believe
that the child is abused or neglected. It would seem that a dismissal of a petition would require returning a
child to the custody of his/her parent(s). However, given the court's authority to issue preliminary protective
custody orders based on allegations contained in a petition, there seems to be nothing to prevent a juvenile
court judge from issuing another "pick up" order to again detain the child should the court feel that the
situation warrants such action. If a parent fails to make a timely objection during the informal detention
hearing that the statutory time limits have not been observed, this objection is effectively waived and
cannot be raised on appeal. Irvin v. Department of Human Resources, 159 Ga. App. 101 (1981). While the
procedure allows the case to go forward, the delay associated with beginning the process over again is
burdensome for the DFCS caseworker and may result in either returning a child into a potentially harmful
home environment or extending the time a child will spend in shelter care. Adequate preparation to make
sure that both the SAAG and DFCS caseworker are prepared and ready for the informal detention hearing is
essential.
At the 72-hour hearing, the judge will determine if it is safe to return the child or if the child should be
detained until a full hearing can be held to determine whether the child is deprived. The hearing provides
the child's parents with judicial review of the actions taken by the juvenile court intake officer. Most juvenile
courts have interpreted the 72-hour hearing as the equivalent of a probable cause hearing which uses a
standard of proof known as preponderance of the evidence. The petitioner must show evidence to indicate
that it is "more likely than not" that the child is deprived. This is a much lower burden of proof on DFCS than
will be required at the formal adjudicatory hearing (trial) on the merits of the deprivation petition.
Remember, if the juvenile court intake officer released the child to the custody of his/her parents, it will not
be necessary to hold a 72-hour hearing prior to the adjudicatory hearing if DFCS determines to pursue the
matter further.
The person who represents the petitioner in the 72-hour informal detention hearing varies from jurisdiction
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to jurisdiction. In all other hearings, the petitioner is represented by an attorney. The petitioner is usually
the Division of Family and Children Services which is represented by a SAAG (Special Assistant Attorney
General). In some counties this is true for the 72-hour hearing as well. However, it is common practice in
some jurisdictions to allow a guardian ad litem for the child or even the caseworker him/herself to represent
the department's case in this hearing. There is no standard in the Georgia Code or the Uniform Rules of the
Juvenile Courts of Georgia endorsing or opposing this practice.
B. Notice to Parties
The court is required to provide "reasonable notice" of the informal detention hearing either orally or in
writing, stating the time, place, and purpose of the hearing to the child and, if they can be found, to his/her
parents, guardian, or other custodian. O.C.G.A. § 15-11-49(c)(4). Notice to the parent of the child is
mandatory, and failure to do so can result in a dismissal without prejudice. Sanchez v. Walker Co. Dept. of
Family and Children Services, 237 Ga. 406 (1976). If a parent is not notified of the hearing because he/she
could not be located and did not appear or waive his/her right to appear at this hearing, the parent can file a
motion with the court which will require the rehearing of the matter "without unnecessary delay." O.C.G.A. §
15-11-49(d). A parent who has not received notice of the hearing may file an affidavit with the court stating
these facts to cause a 72-hour hearing to be reheld. After such a filing, the child shall be released to such a
parent unless it appears that the child's detention or shelter care is required under the standards set forth
above. O.C.G.A. § 15-11-49(d). This procedure puts additional burdens on the caseworker and causes more
delays for the child prior to the adjudication of his/her case. During your investigation, it is important to find
the parents of the child if at all possible so that the court may provide notice of the proceedings as soon as
possible.
C. Right to Counsel
A party is entitled to legal representation at all stages of any proceeding alleging deprivation. If a party is
indigent and cannot afford a lawyer, the court will provide that party with counsel. O.C.G.A. § 15-11-6(b).
An "indigent person" is defined under the code as one who is "unable without undue financial hardship" to
provide for full payment of legal counsel and all other necessary expenses for representation." O.C.G.A. §
15-11-6(a). Prior to the commencement of the informal detention hearing, the judge is required to inform
all parties of their right to counsel. O.C.G.A. § 15-11-49(c)(4). The court may continue (postpone) a
proceeding so that a party may obtain a lawyer. O.C.G.A. § 15-11-6(b). The court shall at any stage of the
proceedings appoint a guardian ad litem to represent the interests of a child who is a the subject of a
deprivation proceeding when there is no parent available to represent the interests of the child or when the
child's interests conflict with those of the parent. O.C.G.A. § 15-11-9. In interpreting this section of the
code, the Attorney General has issued an opinion stating that in deprivation hearings brought between a
child and his/her parent or guardian, an inherent conflict of interest develops which requires the
appointment of a guardian ad litem. Op. Atty. Gen. 76-131 (1976).
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The Georgia Court of Appeals has held that all parties to a deprivation proceeding, including the child and
his/her parents, should be represented individually. In addition, a parent in a deprivation action cannot
waive the child's rights to independent legal counsel. The court held that a deprivation action is one in which
the interests of the child and her parents are adverse and that the juvenile court could have appointed a
guardian ad litem to protect the interests of the child and should have done so. McBurrough v. Dept. of
Human Resources, 150 Ga. App. 130 (1979).
In 1974, Congress passed the Child Abuse Prevention and Treatment Act (CAPTA), P.L. 93-247, which
required all states receiving federal funds to appoint a guardian ad litem to represent the interest of the
child in child abuse or neglect cases which result in a judicial proceeding. 42 U.S.C. § 5106(b)(6). The 1996
reauthorization of this act provides that the guardian ad litem does not have to be an attorney and may be a
Court Appointed Special Advocate (CASA) or both. The reauthorization provides that the responsibilities of
the guardian ad litem are "to obtain first-hand, a clear understanding of the situation and needs of the child,
and to make recommendations to the court concerning the best interests of the child." Fe deral regulations
provide that while the guardian does not have to be an attorney, the guardian must be charged with
representing the rights and best interests of the child. 45 C.F.R. Ch. XIII 1340.14(g) (10-1-96 Edition).
In Georgia, the type of representation offered to children in deprivation proceedings varies from jurisdiction
to jurisdiction. In some counties, private paid attorneys are appointed to serve as a guardian ad litem while
in others they are hired as counsel for the child. Other counties have volunteer guardian ad litem and CASA
programs to provide representation for children. These volunteers may not be attorneys with standing to
make legal arguments and motions on behalf of the child. In addition, the exact nature of the guardian ad
litem's role in the juvenile court process is somewhat unclear due to a lack of statutory explanation of their
official duties. Practices seem to vary around the state. Ferreira, McGough's Ga. Juvenile Practice and
Procedure (2nd ed.), § 4-14. The guardian ad litem does have a duty to investigate, as fully as possible, the
allegations contained in the petition as well as the explanation, if any, offered by the parents. The guardian
should also meet with or inspect the child prior to the deprivation hearing. In all cases, the guardian ad
litem should, at a minimum, provide the court with a recommendation in a closing argument based upon
their own out-of-court interviews and investigation. Id. at §4-14.
In order to avoid confusion, for purposes of this manual, the term guardian ad litem (GAL) will refer to
private attorneys (called Child Advocates in some jurisdictions) appointed by the court to re presents the
best interests of the child or to act as counsel for the child. The term Court Appointed Special Advocate
(CASA) will refer to the various volunteer guardian ad litem programs that are currently in use around the
state.
While some juvenile courts restrict a guardian ad litem to an advisory role, many allow for a guardian to
participate equally in the hearing with a SAAG and the attorney for the parents. This may include seeking
discovery, as well as calling and cross-examining witnesses. Id. at § 4-14. The Court of Appeals has recently
held that in a child custody proceeding, when a judge appointed a guardian ad litem to represent a child, the
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child was in effect made a party to the proceeding and therefore had standing to appeal the judgement
through the GAL. Miller v. Rieser, 213 Ga. App. 683 (1994). The court came to a similar conclusion in a
proceeding to terminate parental rights where the statute mandates the appointment of a guardian ad
litem. In re G.K.J., 187 Ga. App. 443 (1988).
If the child is old enough to have some understanding of the proceedings, the guardian ad litem will need to
explain the court process to the child and make
sure that the child's wishes are known to the court. Ferreira, McGough's Juvenile Practice and Procedure
(2nd ed), at § 4-14. However, under Ethical Considerations 7-12 and 7-17 of the Code of Professional
Responsibility, an attorney acting as a guardian ad litem is not required to change his/her recommendation
to the court based upon the wishes of the child. The GAL's role in the deprivation process is to make a
recommendation in the best interests of the child which may mean a recommendation that is contrary to
what the child desires. Id. at § 4-14. This differs from the role of an attorney in other proceedings to
advocate for the position of his/her client. Some believe that a conflict of interest could develop in a
situation where an attorney serves as both as the child's counsel (advocate) as well as guardian ad litem
and the attorney's recommendation differs from the wishes of the child. The Court of Appeals has
determined that in a deprivation case, an attorney acting as both counsel for the child and guardian ad litem
is not a conflict of interest and an attorney can perform both roles with the permission of the court. Dawley
v. Butts Co. Dept. of Family and Children Services., 148 Ga. App. 815 (1979).
Another potential court participant is the Court Appointed Special Advocate, or CASA. CASA is an
organization operating in many counties within our state in which trained volunteers take an in-depth look
at an alleged case of deprivation and provide a report to the court at the adjudicatory and dispositional
hearings. Often the CASA and guardian ad litem work as a team, with the CASA having more time to do an
in-depth study of the family due to their relatively small caseload (they are usually limited to two cases at a
time). The CASA volunteer will, if possible, interview the child and his/her parents and make an oral or
written report of his/her observations to the court and any recommendation for disposition. CASA volunteers
are usually restricted to an advisory role for the court and do not call witnesses or present evidence.
However, if the CASA volunteer is also an attorney or if there is no attorney appointed to represent the
child, some courts will allow the volunteer to take a more active role in the proceedings.
[Typical Deprivation Graphic Goes Here.]
V. Filing of A Deprivation Petition
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A. When must the petition be filed?
In cases where the juvenile court intake officer found it necessary to release the child into the custody of
his/her parents, a deprivation petition has to be filed with the court within 30 days of the child's release if
DFCS wishes to pursue the case further. O.C.G.A. § 15-11-49(b). If the child was not released either by the
intake officer after the child's removal or the juvenile court judge in the 72-hour hearing, a deprivation
petition must be submitted within 5 days of that hearing. O.C.G.A. § 15-11-49(e). The petition may have
already been filed if DFCS had gone directly to the juvenile court judge asking that the child be taken into
protective custody. O.C.G.A. § 15-11-49(d).
The filing of the petition starts the time table for the scheduling of the formal adjudicatory hearing on the
merits of the deprivation petition. This period is shortened considerably when the child is in detention or
shelter care. If the child is in detention, the adjudicatory hearing must be set within 10 days after the filing
of the petition. If the child was released to his parents or if DFCS felt it was unnecessary to request the
removal of the child, the hearing must be set within sixty (60) days of the filing of the deprivation
petition. O.C.G.A. § 15-11-39(a). This creates the possibility of at most an 18-day wait between the removal
of the child from the home and the adjudicatory hearing on the petition if the child has not been released to
his/her parent(s). This contrasts considerably with the potential 90-day wait in cases where the intake
officer and/or the juvenile court judge determined that the child's detention was not warranted. You should
be aware that a judge has the power to grant a continuance (postponement) in an adjudicatory hearing for
"good cause." URJC, 11.3.
In all proceedings over which the juvenile court has jurisdiction (including deprivation cases), proceedings
can only be initiated upon receipt of a written complaint form or a petition. The intake officer does not have
the authority to refuse a complaint, only the judge has such authority. URJC, 4.2. However, the intake
officer must screen the complaint before a petition is filed and make a recommendation to the court for
dismissal, referral to another agency for services, informal adjustment (not available in deprivation
proceedings), approval to file a petition, or "other appropriate action," URJC, 4.2.
In screening the complaint the intake officer should consider:
1. Whether the complaint is one over which the court has jurisdiction;
1. Whether the complaint is frivolous;
1. Whether the child should be detained pending a hearing, and if so where;
1. Whether the child should be diverted to an agency that meets his or her needs; and
1. If a petition should be filed with the court.
URJC, 4.2.
If a deprivation action is initiated by other than a complaint (such as with a petition), a copy of the
complaint form (JUV-2) must be completed and attached to the petition (JUV-4). A copy of these forms are
attached at the end of this chapter. However, before a petition alleging deprivation may be filed with the
court, the juvenile court judge or a person authorized by the court must determine and endorse upon the
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petition that the filing is in the best interests of both the public and the child. O.C.G.A. § 15-11-37, URJC,
6.3. The court does not officially take jurisdiction over the case until the petition has been filed. The petition
itself is what officially commences a deprivation proceeding. Even though the judge may have already issued
a detention order in a previous hearing, the deprivation case does not officially begin until this document is
accepted and filed. Longshore v. State, 239 Ga. 437 (1977). The petition alleging deprivation may be made
by any person, including a law enforcement officer, who has knowledge of the facts alleged
and believes that they are true. O.C.G.A. § 15-11-38. This person or organization is called the petitioner and
is usually the county division of DFCS represented by a SAAG.
B. What must the petition contain?
The Georgia Juvenile Code provides that a deprivation petition must plainly set forth:
1. the facts which bring the child within the jurisdiction of the court, with a statement that it is in
the best interest of the child and the public that the proceeding be brought...;
1. the name, age, and residence address, if any, of the child on whose behalf the petition brought;
1. the names and residence addresses, if known to petitioner, of the parents, guardian, or
custodian of the child and of the child's parents, or if neither his parents, his guardian, nor his
custodian reside or can be found within the state or if their respective places of residence
addresses are unknown, the name of any known adult relative residing within the county, or if
there is none, the known adult relative residing nearest to the location of the court, and
2. whether the child is in custody, and if so, the place of his detention and the time he was taken
into custody.
O.C.G.A. § 15-11-38.1(1-4).
The information contained in the petition must satisfy a constitutional requirement known as due process,
which includes the right of an individual to know the nature of what has been alleged against him/her by the
government. This means that the petition must provide the parent in "ordinary and concise language the
facts demonstrating the nature of the parent's alleged failure to provide proper parental care or control in
order to enable a parent to have sufficient information to prepare a defense." In re D.R.C., 191 Ga. App.
278 (1989). The court held that a petition simply stating that the parent had violated the standards set forth
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in law without providing any details violated the parent's due process rights. The petition must be specific
enough so that the parent will have at least some idea of what facts have been alleged by DFCS in
recommending to the court that the child is deprived. Id. at 278.
The petition can be amended at any time prior to the adjudication provided that the court shall grant all
other parties the necessary additional time to prepare to ensure a full and fair hearing. URJC, 6.6. If a child
is detained, the amendments shall not delay the hearing more than ten days beyond the time originally set
for the hearing unless a continuance is requested by the child or his/her attorney. URJC, 6.6.
VI. Adjudicatory Hearing on the Deprivation
Petition
There are two distinct parts to a hearing on a deprivation petition. At an adjudicatory hearing, the court
determines whether the allegations contained in the complaint are true. This is basically a hearing to
determine whether or not the child is deprived under the standards set forth in the Georgia Juvenile Code.
At the dispositional hearing the court determines what will be done once the child has been found to be
deprived. The adjudicatory hearing must be set within ten (10) days of the filing of the deprivation petition if
the child is in shelter care or within sixty (60) days from the filing if the child was released by the juvenile
court intake officer or the judge at the 72-hour hearing or was never taken into custody at all. O.C.G.A. §
15-11-39(a). The Court of Appeals has held that the time frame for this hearing is mandatory, just as it is
for the 72-hour hearing. Although the hearing must be set within ten days, the court has authority to grant
a continuance to another date. Sanchez v. Walker Co. Dept. of Family and Children Servs., 237 Ga. 406
(1976). If the parent or guardian of the child does not object to the violation of the statutory time frame
without a continuance at the trial court level, the issue will not be heard on appeal. Id. at 408. The Court of
Appeals came to a similar conclusion for the adjudicatory hearings of minors who have not been removed
from the home. The parents of the minor not in state custody did not object to a hearing beyond the 60 day
limit either at the hearing or in a motion for a new trial and therefore the issue was effectively waived. E.S.
v. State, 134 Ga. App. 724 (1975). Rule 11.3 of the Uniform Rules for the Juvenile Courts of Georgia allows
a judge to continue (postpone) a hearing for a reasonable time for "good cause shown." If this pro cedure
continues a hearing beyond the statutory time limits, the granting of the continuance must be in writing
with the specific reason stated therein. URJC, 11.3. This is important because it creates a record of why the
child remained in foster care beyond the period authorized by law and why so much time passed before an
adjudicatory hearing was granted in the case.
No specific definition of "good cause" is given. This leaves to the discretion of the juvenile court judge when
to adjust the statutory time frame for holding an adjudicatory hearing. You should be mindful that any
continuance extends the length of time a child remains in foster care, often unnecessarily. It is important for
the DFCS case manager to consult with the SAAG (Special Assistant Attorney General) representing the
department prior to the hearing to make sure that all documents and necessary witnesses will be available
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at the start of the hearing in order to prevent unnecessary continuances.
A. Pretrial Discovery
Discovery is the process prior to a court hearing whereby an attorney representing one client must turn over
documents and other evidence in his possession to the attorney of the opposing party. The Georgia Juvenile
Code does not specifically mention the use of discovery in deprivation proceedings. However, Rule 7.1 of the
Uniform Rules for the Juvenile Courts states that discovery may be allowed in all cases where deprivation is
alleged. Any discovery permitted under this rule will be at the discretion of the presiding juvenile court
judge. URJC, 7.1. Discovery can include interrogatories, which are written questions directed at an opposing
party (usually the DFCS case manager), depositions, which are oral interviews before the opposing party's
attorney taken under oath, requests for production of documents, and requests for physical or mental
examinations of a parent, guardian, custodian, or a child. URJC, 7.2. The SAAG representing your county
will determine how to respond to any discovery requests made by the attorney representing the child's
parent(s) or any other party to the proceeding. You should never turn over any documentation in the
custody of the Division of Family and Children Services without consulting your SAAG first.
A source of occasional controversy in the area of pretrial discovery is a request for the production of
documents from the DFCS caseworker's file. The Child Abuse and Deprivation Records Act, O.C.G.A. § 49-5-
40(b) states that "each and every record concerning the report of child abuse" is confidential and access to
such records is prohibited. The Georgia Code allows for a judge to access these records by subpoena on
behalf of an attorney representing a parent when access to such records is necessary "for the determination
of an issue" before the court. The juvenile court judge is required to review the file independently and
release only the information necessary for the resolution of the issue then before the court. O.C.G.A. § 49-
5-41(a)(2). This is commonly referred to as an "in camera inspection." In reviewing the DFCS case file, the
judge will take into account the evidentiary issues (to be discussed in a later chapter) to determine if the
evidence is admissible or should be excluded.
The concept of confidentiality is difficult to overcome in attempting to open up DFCS records for review by
attorneys for parents or children. The Court of Appeals has held that the "intent of the legislature was to
interpret O.C.G.A. § 49-5-40 broadly to provide for the maximum protection to records and reports of child
abuse and neglect and to construe O.C.G.A. § 49-5-41 strictly to limit the scope of statutory
exceptions."Horne et al. v. The State, 192 Ga. App. 528 (1989). However, the confidentiality of DFCS
records regarding reports of child abuse and neglect is not absolute. The Georgia Court of Appeals
overturned a juvenile court order stating that a father and his attorney had no right of access to Department
of Human Resources records. The court found that the legislature intended to allow pre -trial discovery of
Department records except where specifically barred in the statute. Ray v. Department of Human
Resources, 155 Ga. App. 81 (1980). In a later case, the Court of Appeals held that the right of a parent
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accused of misconduct to know the nature of the evidence against the parent is fundamental to our system
of justice. In re M.M.A., 166 Ga. App. 620 (1983). There the juvenile court also denied the parents any
access to departmental records and files. The court said that if the files contained a matter which should
have remained confidential, those records could have been removed from the case file prior to providing it
to the parents' attorney. Id. at 625. The ability of a party to access DFCS records in a deprivation action is
limited. The Georgia Court of Appeals has held that a trial judge acted within his power in refusing to allo w
discovery of "caseworker notes, memoranda, and other caseworker generated documents" that were not
intended to be used by the department at the hearing. In re C.M., 179 Ga. App. 508 (1986). You should
remember that discovery requests are granted at the discretion of the juvenile court judge. What one judge
may consider relevant for the determination of an issue before the court may differ from that of another
judge.
B. Summons and Necessary Parties to the Proceeding
Once an adjudicatory hearing date has been scheduled under the required time frame discussed above, the
judge will issue a summons to all individuals "who appear to the court to be proper or necessary parties to
the proceeding." O.C.G.A. § 15-11-39(b). These parties can include the parents, guardian, or other
custodian, a guardian ad litem, and any other persons who appear to be necessary parties. The summons
will require them to appear before the court at a fixed time to answer the allegations listed in the petition. A
copy of the deprivation petition will accompany the summons. O.C.G.A. § 15-11-39(b).
The Georgia Code mandates that a parent of an allegedly deprived child must receive adequate notice of the
time, place, and purpose of the adjudicatory hearing. O.C.G.A. § 15-11-39.1. Service of the summons may
be made by any "suitable person" under the direction of the court. O.C.G.A. § 15-11-39.1(c). Presumably,
this includes the DFCS case manager. Apparently this is common practice in many juvenile courts
throughout the state, however, in situations where you believe a confrontation may develop, you may wish
to request a law enforcement officer to perform service on behalf of the court. If a party lives within the
state and can be found, the summons may be personally served upon him/her within 24 hours of the
hearing. If a party lives within the state but cannot be found, the summons may be maile d to the party by
registered or certified mail at least five days prior to the hearing. A party who lives outside the state can be
personally served or served by mail at least five days prior to the start of the hearing. O.C.G.A. § 15-11-
39.1(a). If a party, after reasonable effort cannot be found, the court may resort to service by publication,
which usually means public notice in a local newspaper. The adjudicatory hearing cannot be held until five
days after the date of the last publication. O.C.G.A. § 15-11-39.1(b).
If a party is provided notice by publication, a provisional hearing may be conducted on the allegations of a
petition alleging deprivation. O.C.G.A. § 15-11-39.2(a). The summons served upon any party must state
that prior to the final hearing a provisional hearing will be held at a specific time and place. O.C.G.A. § 15-
11-39.2(a)(2)(A). All other parties who are not served by publication must appear at this hearing to answer
the allegations contained in the petition. O.C.G.A. § 15-11-39.2(a)(2)(B). The court may enter a temporary
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order pending the final hearing in juvenile court. The findings of fact and order of disposition made at the
provisional hearing will become final at the final hearing unless the party served by publication appears. The
child in question must be before the court at the provisional hearing. O.C.G.A. § 15-11-39.2(a). If the party
served by publication does appear at the final hearing, the findings and orders from the provisional hearing
shall be vacated and the court will proceed normally into an adjudicatory hearing on the merits of the
petition. O.C.G.A. § 15-11-39.2(c).
It is apparently common practice throughout the state for service of the summons and the petition to occur
at the 72-hour hearing itself. There does not appear to be anything in the Code to prevent this procedure,
but you must remember that the summons must include a date for the adjudicatory hearing. The judge will
have to schedule the adjudicatory hearing at the 72-hour hearing and issue the summons immediately at
that time. Also, a copy of the petition will have to be attached to the summons, so if this procedure is
followed the petition will have to be completed before the 72-hour hearing.
C. The Conduct of the Hearing and the Standard of Evidence
(rights of parties)
One of the main features of the juvenile court system is the use of confidentiality for the purpose of
protecting the child from any later stigmatization from the public. For this reason, there are no jury trials
used in juvenile court and all judicial decisions are rendered by the juvenile court judge. O.C.G.A. § 15-11-
41(a). The general public is excluded from observing detention and adjudicatory hearings in deprivation
cases. Only the parties to the proceeding, their lawyers, witnesses, or any other person the court finds
having a "proper interest" in the proceeding are allowed to attend. O.C.G.A. § 15-11-78(c). This differs from
a dispositional hearing, where the judge has discretion to admit the general public. O.C.G.A. § 15-11-
78(b)(5). Many juvenile courts will exclude a witness from the hearing except when they are testifying. It is
possible that you may find yourself waiting outside of the court except when you are actually giving your
testimony. The actual hearing itself is preserved by the court reporter using stenography or a recording
device should it become necessary to review the case on appeal. O.C.G.A. § 15-11-41(b).
The adjudicatory hearing is a review of the admissible evidence which will include documents, reports,
witness testimony, and possibly other items, to determine whether the child is deprived for purposes of the
Georgia Juvenile Code. The court may order that the child be examined by a physician or psychologist
during the course of a deprivation proceeding as well as order necessary medical treatment of the
child.O.C.G.A. § 15-11-12(b). There are specific evidentiary rules to determine what type of information is
admissible (what evidence is appropriate to place into consideration). These rules will be discussed in the
chapter on Evidence later in this manual.
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A party is entitled to introduce evidence and call witnesses on his/her behalf as well as cross -examine
adverse witnesses. O.C.G.A. § 15-11-7(a). Witness testimony involves a process you have probably heard of
called direct and cross-examination. In direct examination, an attorney will call a witness to the stand who is
favorable to his/her case and ask a series of questions designed to give the judge the ne cessary information
on the case in order to prove and support his/her claim that the child is or is not deprived. The opposing
party will then have the opportunity to cross-examine the witness. This involves questioning the witness
about his/her professional qualifications and the methods used during an investigation. The purpose of the
cross-examination is to attempt to bring a sense of doubt concerning the accuracy or trustworthiness of the
witness' testimony. In most of these cases, the child will be represented separately by a guardian ad litem
who may be authorized to cross examine the caseworker as well. Many case managers find the cross-
examination process difficult. There are helpful hints on preparing to testify in court in the final chapter of
this manual.
After hearing the evidence, the court shall make and file its findings as to whether the child is a deprived
child. The standard of proof in a deprivation case is clear and convincing evidence. O.C.G.A. § 15-11-54(c).
This means that the judge must find, based upon the evidence presented, that it is highly probable that the
child is deprived. If the court finds that the child is not deprived, it shall dismiss the petition and order the
child discharged from any detention or other restriction previously ordered in the proceeding. O.C.G.A. § 15-
11-54(a). If the court finds that the child is deprived, the court shall proceed immediately into a
dispositional hearing or continue (postpone) such a hearing until another date. O.C.G.A. § 15-11-54(c).
Such a continuance to another date within a "reasonable period" of time may be granted in order to receive
reports and other evidence bearing on the disposition of the case. O.C.G.A. § 15-11-56(b).
The Georgia Juvenile Code authorizes the use of protective orders restraining or controlling the conduct of a
person if an order of disposition has been made or is about to be made. O.C.G.A. § 15-11-11. The party
against whom such an order is issued must be given notice of an application for a protective
order and an opportunity to be heard before the order is granted. Although this list is not exclusive,
the order may require a party:
1. To stay away from the house or the child;
1. To permit a parent to visit the child at stated periods;
1. To abstain from offensive conduct against the child, his parent, or any person to whom custody
of the child is awarded;
1. To give proper attention to the care of the home;
1. To cooperate in good faith with an agency to which custody of a child is entrusted by the court
or with an agency or association to which the child is referred by the court;
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1. To refrain from acts of commission or omission that tend to make the home not a proper place
for the child;
1. To ensure that the child attends school pursuant to any valid law relating to compulsory
attendance;
1. To participate with the child in any counseling or treatment deemed necessary after
consideration of employment and other family needs; and
1. To enter into and complete successfully a substance abuse program approved by the court.
O.C.G.A. § 15-11-11(a)(1-9).
D. Reasonable Efforts Requirements
One of the most difficult and confusing issues for all participants in deprivation hearings are the
requirements of the federal Adoption Assistance and Child Welfare Act of 1980 (Public Law 96-272), 42
U.S.C. §670et seq. All states receive foster care maintenance payments for each child in foster care under
Title IV-E of the Social Security Act. In order to maintain these payments, Public Law 96-272 requires that
in each case of a deprived child in state custody, "reasonable efforts" have to be made to work with the
family to prevent the necessity of removing the child from the home. 42 U.S.C. § 671(a)(15)(A). In
addition, if removal is necessary to protect the health and safety of the child, reasonable efforts must be
made to allow for the reunification of the child with his/her family. 42 U.S.C. § (a)(15)(B).
Since the passage of Public Law 96-272, the focus of the child welfare system has shifted toward providing
for and protecting the individual needs of the children over the needs of the family unit. This shift has
culminated in the passage of the federal Adoption and Safe Families Act of 1997 (Public Law 105-89), in
November 1997. In Georgia, Senate Bill 611 and House Bill 1572 were passed to bring the Georgia Juvenile
Code into compliance with this Act. This law modifies existing federal legislation regarding foster care so
that reasonable efforts to reunify families are not always required and the provision of reunification services
is limited. Additionally, if a child has been in foster care 15 out of the most recent 22 months, states are
directed to file petitions to terminate parental rights unless the state has placed the child with a relative; the
state has documented a compelling reason for determining that terminating parental rights would not be in
the best interests of the child; or the state has not provided appropriate reunification services, if such
services were warranted. Finally, the law requires a permanency hearing to be held within 12 months after a
child has entered foster care.
The burden on the department to provide preventative and reunification services applies, in most instances,
to every step of the deprivation process beginning with the 72-hour informal detention hearing. In such
cases, the juvenile court judge will review the actions of DFCS to determine if reasonable efforts were made
to provide "reunification services" to the child's parents at every judicial review of the disposition of the
case. O.C.G.A. § 15-11-58(a). Specifically, reasonable efforts must be made to preserve and reunify families
prior to the placement of a child in foster care, to prevent or eliminate the need for removal, and where
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removal was deemed necessary, to make it possible for a child to return safely to his/her home. O.C.G.A. §
15-11-58(a)(2)(A-B). Additionally, if continuation of reasonable efforts of this kind is determined to be
inconsistent with the child's permanency plan, DFCS must make reasonable efforts to place the child in a
timely manner in accordance with the child's permanency plan and to complete whatever steps are
necessary to finalize that plan for the child. O.C.G.A. § 15-11-58(a)(3).
There are emergency situations in which the child's health and safety are in imminent danger thus requiring
the immediate removal of the child from the home. In such instances it would not be reasonable to make an
effort to prevent removal. This is recognized in the Child Protective Services Manual. Moreover, the Adoption
and Safe Families Act makes clear that the safety and health of the child are to be the paramount concerns
throughout the case. O.C.G.A. § 15-11-58(a)(1). Thus, under certain egregious circumstances, reasonable
efforts will not be considered. As identified in O.C.G.A. § 15-11-58(a)(4), reasonable efforts are not required
with respect to a parent of a child who has subjected the child to aggravated circumstances including
abandonment, torture, chronic abuse or sexual abuse, who has committed the murder or voluntary
manslaughter of another child of the parent or aided or abetted, attempted, conspired or solicited to do the
same, or who has committed a felony assault that results in serious bodily injury to the child or another
child. Reasonable efforts are similarly not required where the parental rights of another sibling of the child
have been terminated involuntarily. O.C.G.A. § 15-11-58(a)(4). In these situations, DFCS is not required to
submit a reunification plan to the court as part of its 30-day case plan. O.C.G.A. § 15-11-58(b).
Where reunification is the permanency goal, federal regulations require that the case plan for each child
must include a description of services offered and provided to prevent the removal of the child from the
home and to reunify the family after removal. 45 C.F.R. Ch. XIII, § 1356.21(d)(4), (10-1-96 Edition).
Alternatively, when appropriate, the case plan may state clearly all of the reasons supporting a finding that
reasonable efforts to reunify are detrimental to the child and therefore, that reunification services need not
be provided. O.C.G.A. § 15-11-58(f). Periodic reviews by a judge or a Citizen Review Panel should occur at
least once every six months. O.C.G.A. § 15-11-58(k). Except where justified by the circumstances
mentioned, if at any point the judge finds that reasonable efforts have not been made, under Public Law 96-
272, the State of Georgia will lose the federal foster care maintenance payments provided for that child
under Title IV-E of the Social Security Act. 42 U.S.C. § 671(a)(15) and § 672 (a)(1).
Often court participants find it confusing to work with this law because of a lack of any clear standard as to
the meaning of reasonable efforts. Neither the Adoption Assistance and Child Welfare Act of 1980 nor the
Adoption and Safe Families Act of 1997 provided any definition of this term, simply requiring that reasonable
efforts have to be made by DFCS. Federal regulations established pursuant to the Adoption Assistance and
Child Welfare Act require each state to submit a Title IV-B plan which specifies which preplacement
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preventative and reunification services are available to children and families in need. 45 C.F.R. Ch. XIII,
§1357.15(e)(1) (10-1-95 Edition). The regulations provide a list of services which may be provided as part
of this plan but these are merely suggestions, not requirements:
1. 24-hour emergency caretakers;
1. homemaker services;
1. day care;
1. crisis counseling;
1. individual and family counseling;
1. emergency shelters;
1. procedures and arrangements for access to available emergency financial assistance;
1. temporary child care to provide respite to the family for a brief period;
1. home-based family services;
1. self-help groups;
1. services to unmarried parents;
1. provision of or arrangements for mental health, drug and alcohol abuse counseling;
1. vocational counseling or rehabilitation;
1. other services the agency identifies as necessary or appropriate.
45 C.F.R. Ch. XIII, §1357.15(e)(2) (10-1-95 Edition).
Another source of insight into the meaning of this term can be found in a widely read book, Making
Reasonable Efforts: Steps for Keeping Families Together. This book was published with the cooperation of
several groups including the National Council of Juvenile and Family Court Judges. Included in this
publication is a list of recommended services written in broad terminology to be made available under the
state's reasonable efforts requirements:
1. family preservation services;
1. generic family based/ family centered services;
1. cash payments;
 to meet emergency needs;
 to provide ongoing financial support;
1. noncash services to meet basic needs;
 food and clothing;
 housing (emergency shelter and permanent housing);
1. noncash services to address specific problems;
 in home respite care;
 out of home respite care;
 child day care;
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 treatment for substance abuse/ chemical addiction;
 treatment for sexual abusers and victims;
 mental health counseling/ psychotherapy;
 parental training;
 life skills training;
 household management;
1. facilitative services
 visitation (to prepare both parent and child for their eventual reunification);
 transportation (when services are geographically inaccessible).
(pp. 81-90).
Many of these suggested services are similar to those contained in the federal regulations. However, as of
now there are no formal requirements at the federal or state level as to what must be contained in Georgia's
Title IV-E plan. You should consult your supervisor periodically to see what preplacement preventative and
reunification services are available in your county. Since there is no formal definition of reasonable efforts,
the juvenile court judge for your district may interpret this requirement more broadly than the Department
does and reject your recommendations if he/she feels that more efforts are needed to prevent the removal
of the child or to provide for the reunification of the family. It will be helpful for your office try and develop
some idea of what your juvenile court judge considers reasonable in this context.
VII. Disposition of a Deprived Child
The main focus of the dispositional hearing is to determine the permanency plan for the child once he/she
has been adjudicated deprived. This two-step process is sometimes called a bifurcated system, that is, a
system with one hearing for factual determinations on the merits of the deprivation petition and a separate
hearing to determine what should be done to improve the life of the child.
A. Evidence
The rules of evidence that apply to "traditional" hearings, including adjudicatory hearings, do not apply to
dispositional hearings. These rules will be discussed in a later chapter of this manual. In dispositional
hearings the court is authorized to receive "all information helpful in determining the questions pres ented,"
even if this information would not have been admissible during the adjudicatory hearing. The judge may
direct that a social study and report be made to the court concerning "the child, his family, his environment,
and other matters." O.C.G.A. § 15-11-12(a). However, the court may not take this information into
consideration until after the adjudicatory hearing finding that the child is deprived. These reports are only
admissible for purposes of the child placement decisions which must be made in the dispositional
hearing.O.C.G.A. § 15-11-12(a). Also your juvenile court judge may require that the 30-day case plan to be
discussed below be completed prior to the dispositional hearing. The attorney for the child's parent(s) is
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entitled to examine reports submitted to the court prior to the dispositional hearing and to cross-examine
the authors and any witnesses put forth by the state. O.C.G.A. § 15-11-65(d).
B. Dispositional Alternatives
If a child is found to be deprived, the court can choose any of the following dispositional choices that is best
suited to the protection and physical, mental, and moral welfare of the child:
1. Permit the child to remain with his or her parents, guardian, or other custodian, including a
putative father, subject to any conditions and limitations as the court prescribes, including
supervision as directed by the court for the protection of the child;
1. Subject to conditions and limitations as the court prescribes, transfer temporary legal custody
to any of the persons or entities described in this paragraph. The court shall approve or direct
the retransfer of the physical custody of the child back to the parents, guardian, or other
custodian either upon the occurrence of specified circumstances or in the discretion of the court.
The persons or entities to whom or which temporary legal custody may be transferred include
the following:
a. any individual including a putative father who, after study by the probation officer or other
person or agency designated by the court, is found by the court to be qualified to receive and
care for the child;
a. an agency or other private organization licensed or otherwise authorized by law to receive and
provide care for the child;
a. any Public agency authorized by law to receive and provide care for the child; or
a. an individual in another state with or without supervision by an appropriate officer
under O.C.G.A. § 15-11-89.
1. Transfer custody of the child to the court of another state exercising jurisdiction over juveniles if
authorized by and in accordance with O.C.G.A. § 15-11-87 if the child is or is about to become a
resident of that state.
O.C.G.A. § 15-11-55(a)(1)-(3).
The court is also authorized in all dispositional hearings to order the child and/or the child's parents or
guardian to participate in counseling. O.C.G.A. § 15-11-68.
This statute authorizes the transfer of temporary legal custody to the Division of Family and Children
Services or any other party listed above. O.C.G.A. § 15-11-55(a). The custodian, in your case DFCS, to
whom legal custody of the child is given by the court has several rights under the law:
1. The right to physical custody of the child;
1. The right to determine the nature of the care and treatment of the child, including ordina ry
medical care;
1. The right and duty to provide for the care, protection, training, and education as well as the
physical, mental, and moral welfare of the child.
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These rights are subject to the conditions and limitations imposed by the court as well as the remaining
rights and duties of the child's parents or guardian. O.C.G.A. § 15-11-13. "Legal custody" is defined
elsewhere under Georgia law as a legal status which embodies the following rights and responsibilities:
1. The right to have the physical possession of the child or youth;
The right and duty to protect, train, and discipline him;
1. The responsibility to provide him with food, clothing, shelter, education, and ordinary medical
care; and
1. The right to determine where and with whom he shall live.
O.C.G.A. § 49-5-3(12).
This code section also notes that these aspects of legal custody are subject to any residual parental rights
and responsibilities. O.C.G.A. § 49-5-3(13). The Court of Appeals has determined that one of these residual
rights is the right of visitation with a child in the custody of DFCS. While a juvenile court can order an end to
visitation, there must be compelling facts to do so, and the parents are entitled to a hearing on the issue
before such an order is issued. In the Interest of K.B., 188 Ga. App. 199 (1988). A parent who has had
his/her parental rights temporarily suspended after a finding of deprivation also maintains the residual
authority to consent to the child's adoption. Skipper v. Smith, 239 Ga. 854 (1977).
The juvenile court judge has the power to place conditions and limitations prior to the transfer of temporary
legal custody of a child to another individual or agency. O.C.G.A. § 15-11-55(a)(2). This authority includes
the ability to condition the return of the child to his parent(s) or guardian on the achievement of certain
goals by such person. The judge can also order continued supervision by DFCS after the child has been
returned to the home. O.C.G.A. § 15-11-55(a)(2). If DFCS is attempting to obtain temporary legal custody
of a child, it is important to communicate to the SAAG representing the Department in this hearing what
conditions you would like to see imposed upon the parent in order to regain custody of the child. There are
many possibilities and the needs of each child may differ. However, almost every case will require the
parent to cooperate with the case plan as adopted by the court, to keep his/her address known to DFCS, to
visit the child, and to pay child support the Department. Kipling Louise McVay, Deprivation and Termination.
Children in Court: A Systems Approach, p. 22 (1989).
The Court of Appeals has held that the statute does not authorize the separation of legal and physical
custody of a deprived child between two separate organizations or individuals. In re R.R.M.R., 169 Ga. App.
373 (1983). A juvenile court has no authority to transfer temporary legal custody to DFCS and then order
the child be placed in foster care. If DFCS is given legal custody, the department has the authority to decide
where and with whom the child will live. In re R.L.M., 171 Ga. App. 940 (1984). In addition, the juvenile
court cannot award joint custody between the Department of Human Resources and an unrelated third party
if DHR objects to this arrangement. In the Interest of J.N.T., a child., 212 Ga. App. 498 (1994). In a typical
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deprivation case, the child is adjudicated as deprived and then temporary legal custody is transferred to
DFCS during the dispositional hearing. >From that point on, DFCS has the authority as the party with "legal
custody" of the child under O.C.G.A. § 49-5-3(12) to determine where and with whom the child shall
live. Id. at 499.
A dispositional order transferring temporary legal custody to DFCS only suspends and does not sever the
rights of the child's parents. A permanent severance of the parent's legal rights with respect to a child can
only be accomplished in a proceeding to terminate parental rights. Rodgers et al. v. Department of Human
Resources, 157 Ga. App. 235 (1981). A court's order removing a child from the child's home shall be based
upon a finding by that court that continuation in the home would be "contrary to the welfare of the
child." O.C.G.A. § 15-11-58(a). The order will also contain a finding as to whether reasonable efforts were
made to prevent or eliminate the need for the removal and to make it possible for the child to return to the
home of his parent(s) or guardian. O.C.G.A. § 15-11-58(a).
A dispositional order removing the child from the home remains in effect for 12 months after the date of the
original placement with the department. O.C.G.A. § 15-11-58(k). All other dispositional orders not requiring
the removal of the child remain in effect for two years. O.C.G.A. § 15-11-58.1(a). URJC, 15.2. The court
may terminate a dispositional order prior to its expiration if it appears that the purposes of the order have
been completed. O.C.G.A. § 15-11-58.1(b), URJC, 15.3.
C. Interstate Compact on the Placement of Children (ICPC)
The juvenile court system only has authority to place a child in institutional or foster care within the confines
of our state. A juvenile court should not make an order of disposition placing a child outside of the State of
Georgia without the cooperation and approval of the state where the child will reside if the placement is
approved. In order to address the inherent difficulties of placing a child in a facility or foster care situation
across state lines, the Interstate Compact on the Placement of Children (ICPC) was drafted in the 1950s and
first adopted in New York in 1960. This compact has been ratified and is now in force in all fifty states. The
term "placements," for purposes of the compact, include a foster family, boarding home, child-caring agency
or institution located in another state. ICPC, Article II(d). A foster family can include placement with
relatives of noncustodial parents who are not paid as foster parents by the state. This definition does not
include any institution for the mentally ill, any hospital or other medical facility or any institution that is
primarily educational in character. ICPC, Article II(d). In addition, Article VIII of the ICPC lists two situations
in which the terms of the ICPC shall not apply:
1. The sending or bringing of a child into a receiving state by his parent, step-parent, grandparent,
adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such
relative or non-agency guardian in the receiving state.
1. Any placement, sending or bringing of a child into a receiving state pursuant to any other
interstate compact to which both states are a party.
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This second restriction applies to minors who are covered by other compacts such as the Interstate Compact
on Juveniles and the Interstate Compact on Mental Health which cover the interstate transfer and
supervision of juvenile delinquents and the mentally ill.
Article III(b) of the ICPC requires that prior to "sending, bringing, or causing any child to be sent or brought
into a receiving state for placement in foster care or as a preliminary to possible adoption," the sending
state shall furnish the appropriate public authorities in the receiving state written notice of its intention to do
so. The notice must contain at least the following:
1. The name, date, and place of birth of the child.
1. The identity and address or addresses of the parents or legal guardian.
1. The name and address of the person, agency or institution to or with which the sending agency
proposes to send, bring, or place the child.
1. A full statement of the reasons for such a proposed action and evidence of the authority by
which the placement is proposed to be made.
ICPC, Article III(b)(1-4).
In practicality, this means that the caseworker or the judge who is requesting the evaluation will ne ed to
complete ICPC Form 100A and send it, along with the social history of the child and a court order requesting
the assessment, to the Compact Administrator for the State of Georgia as defined in Article VII of the ICPC.
These items should be sent to:
Interstate Compact Specialist
2 Peachtree Street
12-100
Atlanta, Georgia 30303
The administrator is responsible for reviewing the information and forwarding it to the Compact
Administrator in the receiving state. The appropriate child welfare agency in the receiving state will conduct
a study of the proposed placement site and record their findings in a report to the receiving state's Compact
Administrator. The child welfare agency of the receiving state may request the sending agency to provide
any supporting or additional information that is necessary under the circumstances in order to evaluate the
proposed placement. ICPC, Article III(c). The child will not be "sent, brought, or cause to be sent or brought
into the receiving state" until the Compact Administrator in the receiving state has notified the sending state
in writing that the proposed placement does not appear to be contrary to the interests of the child. ICPC,
Article III(d). The National Association of the Administrators of the Interstate Compact recommends that it
should take no longer than 30 working days (6 weeks) to process such a request in the receiving state from
the time that the Compact Administrator receives the request until the date that the proposed placement is
approved or denied. Guide to the Administration of the Interstate Compact on the Placement of Children, p.
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7. These procedures allow the fulfillment of two important purposes of the Interstate Compact on the
Placement of Children. First, the state from which the child is sent is provided with the most complete
information on which to evaluate a proposed placement before it is made. Second, the state to which the
child is sent will have a full opportunity to ascertain the circumstances of the proposed placement in order to
assure adequate protection for the child. ICPC, Article I.
The length of time required to approve an interstate transfer under the Compact has sparked a great deal of
debate about reforming this procedure in recent years. Article VII of the ICPC allows the Compact
Administrators in each state, acting jointly, to establish rules and regulations to allow for the purposes of
the act to be carried out more effectively. In 1996, The Association of Administrators for the ICPC, in
coordination with the National Council of Juvenile and Family Court Judges and the National Association of
Public Child Welfare Administrators, established Regulation 7 which provides for the "Priority Placement" of
children across state lines in certain circumstances. Regulation 7 is an effort to address some of the time
delays that were experienced in many states trying to place children across state lines. Priority Placement
procedures are now applicable if the proposed placement is with a parent, step-parent, grandparent, adult
brother or sister, adult uncle or aunt and:
1. the child is under two; or
1. the child is in an emergency shelter; or
1. the court finds the child has spent a substantial amount of time in the home of the proposed
placement.
ICPC Regulation 7.1(a).
The Priority Placement procedures can also be invoked if the receiving state Compact Administrator has a
properly completed ICPC-100A and the necessary supporting documentation for over thirty (30) business
days but has not provided notice as to whether the placement will be approved or denied. ICPC, Regulation
7.1(b).
Regulation 7 establishes a strict time table for the completion of each step in the process of placing a child
in a facility or foster care home across state lines. If a juvenile court judge determines that the
circumstances warrant a priority placement, he/she should sign an order to that effect and forward it within
two (2) business days to the sending agency (the local county DFCS office). The county department has
three (3) business days to transmit the order along with a completed ICPC-100A and the supporting
documentation to the Georgia Compact Administrators. Within two (2) business days the Compact
Administrator should send the priority placement request and supporting documentation to the receiving
state's Compact Administrator by overnight mail. The receiving state's child welfare department has (20)
business days from this date to send to the Compact Administrator for the receiving state the evaluation of
the proposed placement. The Compact Administrator in the receiving state will return the necessary
documentation with a notice of approval or denial to the sending state's Compact Administrator by fax. The
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Georgia Compact Administrator will then notify DFCS of the decision of the receiving state. Regulation 7,
ICPC. The priority placement request and home study requires additional forms that can by obtained
through the Georgia Compact Administrator and are included at the end of this manual.
Under Article V of the ICPC, the sending state will retain jurisdiction over the child once an out of state
placement has been made. This jurisdiction continues until the child reaches the age of majority, becomes
self-supporting, is adopted, or until the child case is cleared with the concurrence of the compact
administrator in the receiving. This means that the juvenile court will retain jurisdiction over all decisions in
regard to custody, supervision, care, treatment and disposition of the child. The sending state will also
continue to have financial responsibility for the child just as it would in an in-state placement.
[Insert Citizen Review Graphic Here.]
VIII. Permanency Planning - Judicial and Citizen
Review
A. 30-Day Case Plans
An order of disposition placing a deprived child in foster care under the supervision of the Division of Family
and Children Services is in effect for up to 12 months after the original placement unless it is terminated
sooner by the court. O.C.G.A. § 15-11-58(k). All other dispositional orders will remain in force for two years
unless sooner terminated by the court. O.C.G.A. § 15-11-58.1(a). Within 30 days of the date of the removal
of the child where the child has not already been returned to his/her parent(s), DFCS must submit a written
report to the court which shall either include a case plan for the reunification of the family or the ba sis for its
determination that a plan for reunification is not appropriate. O.C.G.A. § 15-11-58(b).
The contents of the report shall be based upon a meeting to be held between DFCS and the parents and
children in question. This meeting should be held in consultation with the Citizen Review Panel if one exists
in your county. The parents shall be given written notice of the meeting at least five days in adva nce and
shall be advised that the report to be discussed at this meeting will be submitted to the judge to become an
order of the court. O.C.G.A. § 15-11-58(b). You should be aware that if the dispositional hearing occurs
within 30 days of the removal of the child, the juvenile court judge in your jurisdiction may ask you to
provide this report to the court sooner than required by law. Regardless of where in the court process the
case is, DFCS must submit a written report to the court within 30 days of the removal of the child. If a 30-
day case plan is submitted to the court which contains a plan for reunification services, it must address each
of the following items:
1. Each reason requiring the removal of the child;
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1. The purpose for which the child was placed in foster care, including a statement of the reason
why the child cannot be adequately protected at home and the harm which may occur if the
child remains in the home;
2. The services offered and provided to prevent the removal of the child from the home;
1. A discussion of how the plan is designed to achieve a placement in the least restrictive, most
family-like setting available and in close proximity to the home of the parents, consistent with
the best interests and special needs of the child;
1. A clear description of the specific actions taken by the parents and specific services provided by
DFCS or other appropriate agencies in order to bring about the identified changes that must be
made in order to return the child to the home. (All services and actions required of the parents
not directly related to the circumstances necessitating separation cannot be made conditions for
the return of the child without further court review);
1. Specific time frames in which the goals of the plan are to be accomplished to fulfill the purpose
of the reunification plan;
1. The person within DFCS who is directly responsible for ensuring that the plan is implemented;
1. Consideration of the availability of reasonable visitation schedules which allow parent(s) to
maintain meaningful contact with their children through personal visits, telephone calls, and
letters.
O.C.G.A. § 15-11-58(c).
If the report contains a proposed plan for reunification services, the report must be transmitted to the
parents at the time it is filed with the court, along with written notice that the report will be the order of the
court unless, within five days from the receipt of the report, the parents request a hearing before the
juvenile court to review the contents of the report. If no hearing is requested the court shall enter a
disposition order or supplemental order adopting the parts of the plan for reunification services which the
court finds appropriate and specifying what must be accomplished by all parties before reunification of the
family can be granted. O.C.G.A. § 15-11-58(l).
If the report does not contain a plan for reunification services, the court, after proper notice to the child's
parent(s), shall hold a hearing within 30 days following the filing of the report. O.C.G.A. § 15-11-58(e). This
hearing is required even if the adjudicatory hearing has not yet occurred. A case plan with a non-
reunification recommendation must address each of the following issues:
1. Each reason requiring the removal of the child;
1. The purpose behind placing the child in foster care, the reasons why the child cannot be
adequately protected at home, and the harm which may occur if the child remains in the home;
1. A description of the services offered and the services provided to prevent the removal of the
child from the home;
1. A clear statement describing all of the reasons supporting a finding that reasonable efforts to
reunify a child with the child's family will be detrimental to the child, and that reunification
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services therefore need not be provided, including specific findings as to whether any of the
grounds for terminating parental rights exist, as set forth in O.C.G.A. § 15-11-94(b) or
paragraph (4) of subsection (a) of this Code section.
O.C.G.A. § 15-11-58(f).
Reasonable efforts are not required to be made to reunify a child with a parent who has subjected the child
to aggravated circumstances including abandonment, torture, chronic abuse, and sexual abuse or who has
committed murder or voluntary manslaughter of another child of the parent or has aided or abetted,
attempted, conspired, or solicited to do the same or who has committed a felony assault that results in
serious bodily injury to the child or another child of the parent. Finally, reasonable efforts are not required if
the parental rights of the parent to a sibling have been terminated involuntarily. O.C.G.A. § 15-11-
58 (a)(4).
At the hearing on the nonreunification plan, DFCS must inform the judge whether and when it intends to
proceed with the termination of parental rights. If DFCS has no such intention, the judge may appoint a
guardian ad litem (if one has not already been appointed) to review the report and determine whether
termination proceedings should be commenced independently on behalf of the child. O.C.G.A. § 15-11-
58(g).
In order to accept a recommendation by DFCS that a reunification plan for a particular family is
inappropriate, the court must determine by "clear and convincing evidence" that reasonable efforts to
reunify a child with his or her family will be detrimental to the child. O.C.G.A. § 15-11-58(h). There is a
presumption that reunification services should not be provided if the court finds by clear and convincing
evidence that:
1. the parent has unjustifiably failed to comply with a previously ordered plan designed to reunite
the family;
1. a child has been removed from the home on at least two previous occasions and reunification
services were made available on those occasions; or
2. any of the grounds for terminating parental rights exists. (these grounds will be discussed in the
following chapter on Termination of Parental Rights).
1. any of the circumstances set out in paragraph (4) of subsection (a) of this Code section exist,
making it unnecessary to provide reasonable efforts to reunify.
O.C.G.A. § 15-11-58(h).
B. Judicial and Citizen Review
The cases of all children in foster care under the supervision of DFCS shall be initially reviewed within 90
days of a disposition order but no later than six months following the child's placement in foster or shelter
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care. By statute, after the initial review, these cases must continue to be periodically reviewed in a similar
fashion at six-month intervals. O.C.G.A. § 15-11-58(k), URJC, 24.1. This hearing is to be conducted by
either the juvenile court judge or the citizen review panel if such an organization is active in your county. If
the citizen review panel conducts the review, the panel will make findings and submit recommendations to
the court which should address the following issues:
1. The necessity and appropriateness of the current placement;
1. Whether reasonable efforts have been made by the local DFCS office to obtain permanency for
the child;
1. The degree of compliance with specific goals and objectives set out in the case plan of all
appropriate parties and their level of participation;
1. Whether any progress has been made in improving the conditions that caused the child's
removal from the home; and
1. Any specific changes that need to be made in the case plan, including a change in the
permanency goal and the projected date when permanency for the child is likely to be achieved.
URJC, 24.7.
The reunification plan proposed by DFCS should be revised and adjusted over time in order to meet the
needs of the child and to reflect the changing conditions of his/her parents. At the time of each review,
DFCS must inform the court whether it intends to proceed with the termination of parental rights. O.C.G.A.
§ 15-11-58(k). If a Citizen Review Panel conducts the review, the panel will transmit its report, including its
findings and recommendations, along with those of DFCS and the department's proposed revisal (if
necessary) to the plan for reunification or non-reunification to the court and the parents within five (5) days.
Any party to a review where DFCS has submitted a revised plan may request a hearing on the proposed
revised plan within five (5) days after receiving a copy of the report. O.C.G.A. § 15-11-58(k).
If no hearing is requested, the juvenile court judge will review the proposed revised plan and enter a
supplemental order incorporating the plan as part of its disposition of the case. O.C.G.A. § 15-11-58(l). In
some counties, the juvenile court judge will review the report of the citizen review panel and then order
DFCS to make all recommended changes (if any) or to show cause why these changes should not be made.
Some of these counties may require DFCS to comply with these recommendations within a given period of
time or to show cause why compliance is not practical or possible. If a hearing is held, the court will review
the evidence presented by all parties and enter a supplemental order incorporating the elements of the
revised plan the court finds appropriate. The supplemental order shall be entered by the judge within a
"reasonable time" after the hearing and shall provide for one of the following:
1. That the child return to the home of his or her parents, legal guardian, or custodian with or
without court imposed conditions;
1. That the child continue in the current custodial placement and that the current placement is
appropriate for the child's needs; or
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1. That the child continue in the current custodial placement but that the current placement plan is
no longer appropriate for the child's needs, and direct the department to devise another plan.
O.C.G.A. § 15-11-58(l).
C. Motions to Extend Custody
If DFCS files a motion with the court and a hearing is held to determine the permanency plan for the child
prior to the expiration of the original order, a court which made a disposition or a supplemental order can
extend the order's duration for twelve (12) months. O.C.G.A. § 15-11-58(n)(1). To determine the future
status of the child, such a permanency plan should address the following:
1. whether the child should be returned to his/her parents;
2. whether parental rights should be terminated and the child place for adoption or referred for
legal guardianship;
3. where a compelling reason exists, that another planned permanent living arrangement is a
more appropriate placement for the child;
4. whether reunification services should be continued;
5. with respect to a child placed out-of-state, what procedural safeguards should be applied as to
whether the placement continues to be appropriate and in the best interests of the child;
6. in the case of a child who has attained age 16, the services needed to assist the child to make a
transition from foster care to independent living;
7. what procedural safeguards should be applied to the following:
a. parental rights with respect to the removal of the child from the home of his/her
parents;
b. a change in the child's placement;
c. any determination affecting visitation privileges of the parents.
O.C.G.A. § 15-11-58(o)(2).
The parents of the child must be given reasonable notice of the factual basis for the petition and an
opportunity to be heard at this hearing prior to the judge's decision. O.C.G.A. § 15-11-58(o)(2). To grant an
extension of temporary custody over the child to DFCS, the court must find that the extension is necessary
to accomplish the purposes of the original order. O.C.G.A. § 15-11-58(n)(3). If the desire to keep the child
in temporary custody with DFCS is based upon new circumstances not previously addressed in the
deprivation proceeding, the appropriate procedure would be to file a new deprivation petition. An extension
of temporary custody cannot be justified on new circumstances not previously addressed in a formal
adjudicatory hearing.
The motion to extend temporary custody should be filed and a hearing must be held prior to the expiration
of the original dispositional order removing the child from the home. O.C.G.A. § 15-11-58(n)(1). Failure to
do so can result in a reversal on appeal of a decision to extend temporary custody. However, the parent or
guardian must object to the failure to properly file the motion on time during the extension hearing or
he/she will lose the right to object to the state's mistake on appeal. Page v. Shuff, 160 Ga. App. 866
Page176 of 306
(1982). A dispositional order which is allowed to expire before a proper extension is given by the juvenile
court would seem to require the return of the child to his parent(s) or guardian. However, nothing at this
point would permit DFCS from filing a new deprivation petition requesting that the child be removed from
the home once again. The Court of Appeals has previously refused to overturn a judgement of the trial court
temporarily extending custody with DFCS on the last day before a dispositional order was set to expire until
another deprivation petition could be filed. In the Interest of P.M., et al., children., 201 Ga. App. 100
(1991). In that case, the court held an emergency hearing to extend custody without providing notice to the
child's mother. By the time the case reached the Court of Appeals, the trial court had held an adjudicatory
hearing on the merits of the new deprivation petition and had once again ordered the child removed from
the home. The court declined to reverse an improper extension order because the trial court had found once
again by clear and convincing evidence that the child was deprived and therefore the issue was not
reviewable because of the new adjudicatory hearing. Id. at 100. It would seem that a juvenile court judge
could issue an emergency (shelter care) order if the child is in danger and the prior order granting DFCS
temporary custody expires without an extension. However, in order to prevent unnecessary trauma to the
child as well as having to start the deprivation proceeding all over again, it is important for the case
manager to coordinate with the SAAG to ensure that motions to extend custody are filed with in plenty of
time to allow for a hearing prior to the expiration of the original order.
The repeated use of motions to extend temporary custody without attempting to terminate parental rights
has caused some to criticize this practice as promoting "foster care drift". This is the movement of a child
from one temporary foster home to another while waiting (sometimes in vain) for the parent(s) to comply
with the court ordered reunification plan. Some observers have questioned whether motions to terminate
should be pursued sooner in order to provide the child with a more permanent arrangement. In a survey of
DFCS case managers conducted by the Child Placement Project, over forty percent (40%) of the
respondents reported that motions to extend temporary custody were filed in more than half of all
deprivation cases.
[Insert 30-day Graphic Here.]
IX. Termination of Parental Rights
A petition for the termination of parental rights is often made by the Division of Family and Children
Services when it appears that efforts to reunify the family will either be futile, or will potentially harm the
child. A termination petition can also be filed on behalf of the child by any other party who knows the facts
contained in the petition and believes that they are true just as with a deprivation petition. O.C.G.A. § 15-
11-95(b). An order terminating parental rights has the effect of ending all rights and obligations of the
parent with respect to the child and/or the child to the parent, including the right of inheritance. The parent
will have no right to notice of or the right to object to the future adoption of that child into another
home. O.C.G.A. § 15-11-93. The termination of one parent's rights with respect to the child has no effect on
the rights of another legal parent to the care and control of that child. O.C.G.A. § 15-11-105.
A. Standard of Proof and Requirements for Termination
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The Georgia Juvenile Code sets forth four basic situations where a petition for the termination of parental
rights is clearly appropriate:
1. the parent has given written consent, acknowledged before the court, to the termination of
his/her parental rights with respect to the child;
2. a decree has been entered by a court ordering the parent to support the child and the parent
has wantonly and willfully failed to comply with the order for a period of 12 months or longer;
3. the parent has either abandoned the child or left the child in a situation such that the identity of
the parent cannot be determined after a diligent search, and the parent has not come forward
to claim the child within three months of his/her finding; or
4. The court makes a finding of parental misconduct or inability.
O.C.G.A. § 15-11-94(b)(1-4).
According to the Georgia Juvenile Code, the court can only order the termination of parental rights by
finding with clear and convincing evidence that the parent in question falls into one of the four categories
set forth in O.C.G.A. § 15-11-94(b)(1-4). O.C.G.A. § 15-11-94(a). Even if the court finds justification for
termination because the parent falls into one of these four categories, the court cannot terminate a parent's
rights over the care and control of the child unless the termination would be in the best interest of the child,
after considering the physical, mental, emotional, and moral condition and needs of the child who is the
subject of the proceeding, including the need of that child for a secure and stable home. O.C.G.A. § 15-11-
94(a). However, it is not sufficient by itself for termination to be in the "best interest" of the child. It is not
enough that the child might be better off in another environment. The court must determine that the child is
deprived due to a lack of proper parental care or control and that this deprivation is likely to continue in the
future causing serious harm to the child if a petition to terminate is to be granted. Ferreira, McGough's Ga.
Juvenile Practice and Procedure (2nd ed.), § 5-6.
1. Parental Misconduct or Inability
Parental misconduct or inability is a catch-all category under which the vast majority of petitions to
terminate parental rights are filed. To approve such a petition, the court will need to find that:
1. the child is deprived under the definition given in the Juvenile Code (as explained in the
previous chapter on the Jurisdiction of the Court);
2. the lack of proper parental care or control by the parent in question is the cause of the child's
deprivation;
3. the cause of the child's deprivation is likely to continue or will not likely be remedied; and
4. the continued deprivation will cause or is likely to cause serious physical, mental, emotional, or
moral harm to the child.
O.C.G.A. § 15-11-94(b)(4)(A)(i-iv).
The key to this standard is whether the child lacks proper parental care and control. The Juvenile Code
states that the court may consider any and all of the following factors in determining whether the parent has
exhibited proper care and control over the child for purposes of a termination petition:
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1. a medically verifiable deficiency in the parent's physical, mental, or emotional health that exists
to such a degree and for such a length of time as to render the parent unable to provide
adequately for the physical, mental, emotional, or moral condition and needs of the child;
2. the excessive use or history of chronic unrehabilitated abuse of drugs or alcohol which renders
the parent incapable of providing adequately for the physical, mental, emotional, or moral
condition and needs of the child;
3. the conviction of the parent of a felony and the parent's subsequent imprisonment which has a
clearly negative effect on the quality of the parent-child relationship;
4. the egregious conduct or evidence of past egregious conduct of the parent toward the child or
toward another child of a physically, emotionally, or sexually cruel or abusive nature;
5. the physical, mental, or emotional neglect of the child or evidence of past physical, mental, or
emotional neglect of the child or of another child by the parent in question;
6. the injury or death of a sibling of the child under circumstances which constitute substantial
evidence that such injury or death resulted from parental neglect or abuse.
O.C.G.A. § 15-11-94(b)(4)(B)(i-vi).
In addition, if the child has been removed from the home prior to a petition to terminate parental rights, the
court can consider whether the parent, without justifiable cause, has failed significantly for a period of one
year or longer prior to the filing of the termination petition:
1. to develop and maintain a parental bond with the child in a meaningful, supportive manner;
2. to provide for the care and support of the child as required by law or judicial decree; and
3. to comply with a court ordered plan designed to reunite the child with the parent or parents.
O.C.G.A. § 15-11-94(b)(4)(C)(i-iii).
Georgia courts must conduct a two-step analysis in deciding whether to terminate a parent's rights. First, in
most cases the court determines whether there is clear and convincing evidence of parental misconduct or
unfitness, and second, if termination of parental rights is in the best interests of the child. In the Interest of
B.J.H., 197 Ga. App. 282 (1990). It is not necessary for the court to give a parent an opportunity to
rehabilitate him/herself prior to proceeding with the termination of her parental rights so long as the
statutory requirements set forth above are met. The state is authorized to proceed immediately with a
motion to terminate parental rights once the deprivation action has commenced. In the Interests of B.R.S.,
a child., 198 Ga. App. 561 (1991).
There are several important issues for you to consider before deciding to request the termination of parental
rights under the general category of parental misconduct or inability:
1. Past deprivation alone is insufficient to prove present deprivation but can be used as evidence
that such conditions are likely to continue into the future. In the Interest of A.M.B. et al.,
children., 219 Ga. App. 133 (1995).
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2. Under the statute, the court is authorized to look at a parent's imprisonment on a felony
conviction as evidence of a lack of proper parental care or control if the situation has "a clearly
negative effect on the quality of the parent-child relationship." O.C.G.A. § 15-11-
94(b)(4)(B)(iii). However, imprisonment alone does not automatically result in a termination of
that parent's rights. In the Interest of R.L.H., a child., 188 Ga. App. 596 (1988).
3. Parental misconduct or unfitness can be caused by either intentional or unintentional
misconduct causing the abuse or neglect of a child or by what is tantamount to physical or
mental incapacity to care for the child. In the Interest of G.L.H., et al., children., 209 Ga. App.
146 (1993).
4. The fact that a parent is staying with a relative or friend who provides support and assistance
does not preclude a finding of deprivation justifying termination.. This standard is based on a
lack of properparental care or control. The test is whether the parent, standing alone, is
ultimately capable of mastering proper parental skills. In re S.R.J., a child., 176 Ga. App. 685
(1985).
5. Evidence of the living and economic conditions of foster parents who wish to adopt a child
cannot be considered for the purpose of determining whether there is present deprivation
caused by parental misconduct or inability that will likely continue into the future causing
serious harm to the child as required by the first part of the test. However, this information can
be considered by the court in determining whether termination is in the best interests of the
child. In the Interest of J.M.G., a child., 214 Ga. App. 738 (1994).
6. Remember, there must not only be a finding of deprivation, but there must also be clear and
convincing evidence that this condition will continue into the future. A termination can be
authorized with expert testimony that father's failure to admit to his abuse means it is likely
that this abuse will continue into the future. In the Interest of T.M.H., et al., children., 197 Ga.
App. 416 (1990). A termination of a father's parental rights were also justified when he failed to
protect his children from an abusive mother even though he knew that she was prone to
violence and had harmed the child before. In that situation, the father was mentally retarded
and incapable of protecting his children and therefore the danger to the children was likely to
continue into the future. In the Interest of M.C.A.B., a child., 207 Ga. App. 325 (1993). In a
termination proceeding, the court may consider past deprivation in determining whether
deprivation is likely to continue in the future as required by the statute. In the Interest of B.J.,
220 Ga. App. 144 (1996).
2. Voluntary Relinquishment of Parental Rights
The voluntary relinquishment of parental rights in writing and acknowledged before the court appears to
refer to situations in which a third party has filed at petition to terminate a parent's legal rights with respect
to the child and the parent consents to this outcome. O.C.G.A. § 15-11-94(b)(1). This code section does not
appear to authorize a parent to initiate a motion to terminate their own parental rights without the
involvement of outside parties.
3. Failure to Comply with a Child Support Order
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The Juvenile Code authorizes the termination of parental rights when a parent has wantonly and willfully
failed to comply with a child support order for a period of one year or longer. O.C.G.A. § 15-11-94(b)(2).
The key to this standard appears to be the requirement that the failure to comply be "wanton and willful"
which the Court of Appeals has defined as "without reasonable excuse, with a conscious disregard for duty,
willingly, voluntarily, and intentionally." In re H.B. and K.B., 174 Ga. App. 435 (1985). The failure to comply
with a support order is not wanton and willful when a parent was laid off from his job and unable to pay
child support. In re S.G.T., 175 Ga. App. 475 (1985). The Court of Appeals has held that termination of the
mother's rights was not justified by her failure to provide child support for a period of one year since no
court order was issued requiring her to do so and no request for child support was made by the child's
father during his six year custody of the child. Uniroyal Goodrich Tire, Co. et al. v. Adams et al., 221 Ga.
App. 705 (1996).
4. Abandonment
A termination petition can also be based upon an instance of parental abandonment. In order to make a
finding of abandonment, there must be sufficient evidence of "actual desertion, accompanied by the
intention to sever entirely, so far as possible to do so, the parental relation and throw off all obligations
growing out of the same, and forego all parental duties and claims." Thrasher v. Glynn Co. Dept. of Family
and Children Services, 162 Ga. App. 702 (1982). The court noted that the father had failed to attempt to
legitimate the child, establish any familial relationship with the child, or contribute to the support of the child
or of the mother during her pregnancy or hospitalization. You should note that these are the same factors
taken into consideration by the court in determining whether notice is required prior to terminating a
putative father's parental rights. O.C.G.A. § 15-11-96(e)(1-4). In addition, merely turning over the custody
of a child to another is not alone grounds for termination of parental rights. Here, custody of a child was
provided temporarily to one of the mother's adult children. The mother entered into an agreement where
she reserved the right to reacquire custody by filing a petition with the probate court. This is not sufficient to
constitute abandonment since there was no intent to entirely severe the relationship. Uniroyal Goodrich Tire,
Co. et al. v. Adams et al., 221 Ga. App. 705 (1996). In addition, the court held that termination of the
mother's rights was not justified by her failure to provide child support for a period of one year since no
court order was issued requiring her to do so and no request for child support was made by the child's
father during his six year custody of the child. Id.
B. Notice of Proceeding and Summons
The process of terminating a parent's parental rights begins with a petition similar to the one filed in a
deprivation action. Once again this petition must set forth the facts alleged in ordinary and concise language
and how they relate to the terms of the statute. O.C.G.A. § 15-11-95(c). When the petition is filed, a
summons notifying all relevant parties of the termination hearing should be sent to the child's pare nts,
guardian, lawful custodian, and the person who presently has physical custody of the child. O.C.G.A. § 15-
11-96(a). A copy of the termination petition will be sent together with the summons so that all parties will
be adequately prepared for the hearing. O.C.G.A. § 15-11-96(b). A parent in a termination hearing may be
served by publication if the notice indicates the general nature of the allegations and where a copy of the
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petition may be obtained. The court should provide to the child's parent(s), guardian, or legal custodian a
free copy of the petition during business hours or to mail the a copy of the petition upon request. O.C.G.A. §
15-11-96(b). The summons must be served upon all parties at least 30 days prior to the date of the
termination hearing. O.C.G.A. § 15-11-96(c).
Most of the difficulties and confusion surrounding preparing for a termination hearing concern notification to
the fathers of children born out of wedlock. When the petition seeks to terminate the parental rights of a
biological father who is not the legal father of the child, a certificate must be included from the putative
father registry identifying any registrant acknowledging paternity of the child or the possibility of paternity
of a child during the two years prior to the child's birth. O.C.G.A. § 15-11-95(d). A legal father is defined as
a male who:
1. has legally adopted a child;
2. was married to the biological mother of the child at the time the child was conceived or born
unless his paternity was disproved in a court hearing;
3. married the legal mother of the child after the child was born and recognized the child as his
own, unless paternity was disproved in a court hearing;
4. has been determined to be the father in a paternity hearing;
5. has legitimated the child.
All of these constitute a legal father so long as he has not surrendered or had his parental rights previously
terminated. O.C.G.A. § 15-11-2(10.1)(A-E).
If there is a biological father who is not the legal father of the child and has not previously surrendered his
parental rights, he must be notified of the termination proceedings in the following circumstances:
1. If his identity is known to the petitioner or the petitioner's attorney;
2. If he is a registrant on the putative father registry who has acknowledged paternity of the child;
3. If he is a registrant on the putative father registry who has indicated possible paternity of the
child during a period of two years immediately prior to the child's date of birth; or
4. If the court finds from the evidence, including but not limited to an affidavit of the child's
mother, that the biological father who is not the legal father has performed any of the following
acts:
a. Lived with the child;
b. Contributed to the child's support;
c. Made any attempt to legitimate the child; or
d. Provided support or medical care for the mother either during her pregnancy or during
her hospitalization for the birth of the child.
O.C.G.A. § 15-11-96(e)(1-4).
A biological father who is not the legal father of a child that is listed in one of the above categories must be
notified of a proceeding to terminate his parental rights by one of the following methods:
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1. Registered or certified mail, return receipt requested, at his last known address, which notice
shall be deemed received upon the date of delivery shown on the return receipt;
2. Personal service, which is delivering the summons and petition directly to the father; or
3. Publication once a week for three weeks in the official legal newspaper of the county where the
petition has been filed and of the county of his last known address, w hich notice shall be
deemed received upon the date of the last publication.
If possible, the father should be notified by the methods 1 and 2 prior to resorting to notice by
publication. O.C.G.A. § 15-11-96(f)(1-3).
If there is a biological father who is not the legal father of the child and his address is not known either to
the petitioner or the petitioner's attorney, then the court should request an affidavit from the mother as to
whether the biological father has performed any of the following acts:
1. Lived with the child;
2. Contributed to the child's support;
3. Made any attempt to legitimate the child; or
4. Provided support or medical care for the mother either during her pregnancy or during her
hospitalization for the birth of the child.
O.C.G.A. § 15-11-96(g)
If the court finds from the evidence that such a father has not performed any of these acts and the
petitioner provides a certificate from the putative father registry that there is no listing for such an
individual, then it shall be "rebuttably presumed" that the biological father who is not the legal fa ther of the
child is not entitled to notice of the proceedings to terminate his parental rights. Unless evidence exists to
rebut this presumption, the court shall enter an order terminating the father's parental rights to the
child. O.C.G.A. § 15-11-96(g). If the biological father who is not the legal father of the child has performed
any of those listed activities then he is at the very least automatically entitled to notice by publication, even
if his location or last known address are unknown. O.C.G.A. § 15-11-96(e) and (g).
If notice of a proceeding to terminate parental rights must be provided to a biological father who is not the
legal father, such a father must be advised that he will lose all rights to the child and will not be entitled to
object to the termination unless within thirty (30) days of receipt of notice he files:
1. a petition to legitimate the child; and
2. notice of the filing of the petition with the court in which the action is pending.
O.C.G.A. § 15-11-96(h).
A biological father who is not the legal father of a child will lose all rights to such a child and the
court must enter an order terminating those rights if within thirty (30) days from the receipt of his notice
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he:
1. Does not file a legitimation petition and give notice as required in subsection (h);
2. Files a legitimation petition which is subsequently dismissed for failure to prosecute (that is
failure to pursue to a conclusion); or
3. Files a legitimation petition and the action is subsequently concluded without a court order
declaring that he is the legal father of the child.
O.C.G.A. § 15-11-96(i).
C. Right to Counsel
In a hearing on the termination of parental rights, the juvenile court is required to appoint a separate
attorney to act as counsel for the child and may choose to appoint a guardian ad litem to represent the best
interests of the child. The attorney representing the child and the guardian ad litem may be and often are
the same person. O.C.G.A. § 15-11-98(a), URJC, 11.8. A failure to appoint an attorney to represent the
interests of a child in a proceeding to terminate parental rights requires a reversal by the appellate
courts. In re J.D.H., 188 Ga. App. 466 (1988). An indigent putative father of a child born out of wedlock also
has a right to appointed counsel in a proceeding to terminate his parental rights. His failure to perform any
parental duties prior to this time does not affect his right to appointed counsel. Wilkins v. Georgia
Department of Natural Resources, 255 Ga. 230 (1985). The Supreme Court held that in such circumstances
the putative father is a "party" under O.C.G.A. § 15-11-6(b) with a right to counsel. Id.
D. Placement of the Child Following a Termination Order
If, after a termination order is entered, the child has no remaining legal parent to whom custody can be
granted by the court, the court shall attempt to first place the child with his/her extended family or with a
person related to the child by blood or marriage. Such a relative will be required to abide by the terms and
conditions of the order of the court. O.C.G.A. § 15-11-103(a)(1). The court will only make such an intra-
family placement if it is in the best interest of the child.
If the court in cooperation with the department cannot find a suitable placement for the child within his/her
own family, the court may make any one of the following dispositions:
1. commit the child to the custody of the Department of Human Resources or to a licensed child-
placing agency willing to accept custody for the purpose of placing the child for adoption or,
2. in the absence of an adoption, place the child in a foster home, or take other suitable measures
for the care and welfare of the child.
O.C.G.A. § 15-11-103(a)(2).
If no petition to adopt the child is filed, the court will review at least once every year the circumstances of
the child to determine what efforts have been made to assure that the child will be adopted. O.C.G.A. § 15-
11-103(d). The court can enter additional necessary orders to further an adoption which includes moving
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the child to another placement. O.C.G.A. § 15-11-103(d).
In order for a termination of parental rights to move smoothly, it is important for the DFCS case manager to
identify blood relatives and the putative father of the child as soon as possible after the child comes into
temporary custody with the department. This will prevent unnecessary delays once the termination petition
is filed as well as preventing the placement of a child with another "stranger" after a long period in foster
care simply because that person is related to the child by birth.
[Insert 2-Step TPR Test Here.]
X. Evidence
When testifying in court, case managers will often witness evidentiary arguments between la wyers for which
they have not been prepared. This chapter is an effort to give you a very basic understanding of evidence
law as applied in juvenile court. The manual covers only the topics which we feel you may encounter during
your career and is not an authoritative review of Georgia evidence law. We hope that you will find it useful
in understanding what information is admissible in court.
There are three main types of evidence. Testimonial Evidence basically involves an attorney (such as a
SAAG) calling a witness (such as a DFCS case manager) to the stand to ask him/her questions. This is called
direct examination. The opposing attorney (usually representing the parents), will have an opportunity to
cross examine the witness. Documentary Evidence basically covers written materials such as case reports,
letters, memos, hospital and school records, etc. Demonstrative Evidence includes what you would consider
"pieces of evidence" such as objects, photographs, etc, as well as charts, graphs, and other visual aides.
One important restriction on evidence is that it must be "relevant." The Georgia Court of Appeals has held
that evidence is relevant if it logically tends to prove or disprove any material fact which is at issue in the
case. Kelly v. Floor Bazaar, Inc., 153 Ga. App. 163,165 (1980). In addition, if evidence has any tendency to
advance a party's position at trial, it is relevant. It is for the fact finder (the judge) to decide how credible
this evidence is. Daniels v. State, 184 Ga. App. 689 (1987). As you can probably see, it is fairly easy to find
some justification to call a piece of evidence relevant and most objections on this basis fail for that reason.
In the area of testimonial evidence, competence is another restriction that must be dealt with when calling
child witnesses to the stand. In deprivation hearings, the child on whose behalf the petition is filed can in
some situations be a key witness. O.C.G.A. § 24-9-5(a) provides that children who do not understand the
oath (to tell the truth, the whole truth, and nothing but the truth) shall be incompetent witnesses who will
not be allowed to testify. However, if a child witness is the subject of a deprivation hearing, such a child is
automatically competent to testify by law. O.C.G.A. § 24-9-5(b). If other children are called to the stand
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who are not subject to the deprivation petition, it will be necessary to determine if they can understand the
oath prior to placing them on the witness list. The SAAG will determine who will testify in the hearing.
The requirement that evidence must be reliable in order to be admissible is where most of the arguments
arise. The first reliability problem we will focus on is the question of opinion testimony. Ordinarily, witnesses
who have not been qualified as "experts" by the court should testify as to the facts they observed.
Under Georgia law, a witness may provide the court with his or her opinion if such an opinion is requested in
the question, however, if the question relates to the existence of a fact, the opinions of a witness are
generally not accepted by the court. O.C.G.A. § 24-9-65. Statements as to your opinions should be avoided
as much as possible. Observations of facts and events should be made without any judgment or
editorializing, and a detailed description of what you observed is all that should be given. Opinions about
observations, on the other hand, offer conclusions about what your observations mean or indicate. It is not
possible to totally remove all opinion from your testimony. Most courts will allow you to give some
descriptive opinions of what you observed during your investigation. Paul S. Millich, Georgia Rules of
Evidence, §15.2, p.210. However, as a practical matter, your testimony will appear much more professional
and competent to the judge if you avoid opinion statements such as "the house was messy" and focus on
the actual factual basis of the opinion (such as garbage overflowing, dirty dishes, insects, etc). Lucy S.
McGough, The Social Worker and the Legal Process in Georgia: A Handbook for Caseworkers, December
1981, p. 93.
One exception to this general prohibition of opinion testimony is the use of expert witnesses. Georgia law
provides that "the opinions of experts on any question of science, skill, trade, or like questions shall always
be admissible; and such opinions may be given on the facts as proved by other witnesses." O.C.G.A. § 24-9-
67. On rare occasions, a DFCS case manager will be called to the stand as an expert witness. If the decision
is made to try and qualify you as an expert, the SAAG will ask you a series of questions pertaining to your
background in order to prove your qualifications to the judge. An attorney representing the parents or the
child's guardian ad litem may also ask questions concerning your experience if they wish to challenge your
credentials to testify in this regard. It is entirely within the discretion of the judge to decide whether to
certify a case managers an "expert witness" in a deprivation hearing. Georgia courts often allow a witness to
testify as an expert when his background, education, training, or other expertise might assist the trier of
fact (the judge). Paul S. Milich, Georgia Rules of Evidence, § 15.4. Status as an expert allows a witness to
offer opinions to the court within the area of his/her expertise. The witness must be qualified to testify as to
the kinds of opinions being offered. Id. at §15.4. For example, a foster care worker called to the stand to
testify as an expert in a deprivation hearing will only be allowed to offer opinions to the court in regards to
the foster care placement and needs of the child. He/she may not offer opinions as to the child protective
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services investigation and findings in regards to this child unless the witness also has the experience
necessary to qualify as a witness in this regard as well. Id. at § 15.4.
Expert opinion must be "relevant and helpful" to the judge in making his determination as to whether the
child is deprived within the law and what disposition is appropriate for the child if this is the case. Paul Milich
developed five elements of "helpfulness" in his book, Georgia Rules of Evidence, which you might find
helpful:
1. An expert's testimony must add some information the trier of fact (the judge) otherwise could
not develop on his own from the facts because of a lack of training or experience in this area.
2. The testimony must be relevant and cannot violate any other rules of evidence.
3. The opinions are based on principles, methods, or techniques that have proven reliability.
4. Even if the skills or methods the expert uses are reliable and accepted, the expert himself must
be qualified by his background as a competent representative of those skills and methods;
5. An expert's factual bases must be clear to the trier of fact (the judge). Expressing an opinion to
the court without relaying the factual basis of that opinion is not "helpful" for purposes of expert
testimony.
Paul S. Milich, Georgia Rules of Evidence, § 15.3.
The second reliability problem we will focus on is the evidentiary issue you will encounter the most when
you testify in juvenile court: hearsay. Defining hearsay has always been a difficult matter. Hearsay is an out
of court statement which can either be oral (by conversation in person or over the phone) or written in the
form of a document or letter. Hearsay is basically second-hand information from someone who did not
actually observe the incidents described or hear the statements that are related. Child Protective Services: A
Supervisor's Guide, V-8, p. 1. A hearsay statement is submitted to the court to prove the truth of the
matters contained within the statements, or in other words to prove that the statement itself is true. The
traditional prohibition against hearsay statements is that out of court statements by witnesses who are not
testifying at trial are less reliable because the declarant (the person making the statement) is not subject to
cross-examination at trial. Milich § 16.4-p.250. In Georgia, a prior out of court statement by a witness who
will testify at trial is admissible because the declarant will be available to be cross-examined about this
statement. Shelton v. Long, 177 Ga.App. 534 (1986).
As a general rule, hearsay is not admissible and no document containing hearsay statements may be
admitted into evidence, nor can any witness repeat a previous hearsay statement while on the stand.
However, there are numerous exceptions to this rule. O.C.G.A. § 24-3-1. If you relate a hearsay statement
to the court during your testimony and an objection is made to the statement, the SAAG representing the
department will attempt to make it fit within one of the following exceptions. This is an incomplete listing of
the exceptions; and it contains only the ones you will likely encounter in court as a DFCS case manager.
1. Admission by a Party to the Record: Any previous statement by a party to a deprivation case
(such as the child's parent, guardian, or custodian) is admissible under this exception. O.C.G.A.
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§ 24-3-31. Such an admission must be a statement by a party that is contrary to that party's
statements or contentions at trial. Petty v. Folson, 229 Ga. 477 (1972).
2. Child Abuse Hearsay Exception: O.C.G.A. § 24-3-16 allows for the court to accept a hearsay
statement of a child under the age of 14 that describes an act of sexual conduct or physical
abuse performed with or on that child or in the presence of the child if the statement is
repeated in court by the person to whom the statement is made. This child must be available to
testify in court should the need arise and the court must find that the circumstances of the
statement provide sufficient assurances of reliability.
3. Former Testimony: The court may accept a hearsay statement of a witness who is deceased,
disqualified, or inaccessible for any cause, as long as the statement was made under oath at a
previous proceeding. This previous proceeding must involve substantially the same parties and
issues as the current deprivation hearing. O.C.G.A. § 24-3-14.
4. Public Records-Documents Made and Kept by Public Agencies and Business Records: Here we
are talking about the case files and reports made by and to DFCS case managers during an
investigation of alleged child abuse or neglect. There is no express statute authorizing the
admission of these documents into evidence. However, contents of the case file may fall within
the Business Records Exception of O.C.G.A. § 24-3-14 "if the court finds that they were
prepared in the ordinary course of the agency's business, at or near the time of the events or
transactions described." Milich, § 19.19. Documents under the business records exception are
normally inadmissible if they are prepared in anticipation of litigation (such as a DFCS report on
an alleged case of deprivation). However, public records under this exception are admissible
even if they are prepared in anticipation of litigation so long as the public authority has no stake
or role in the controversy. Paul S. Milich, Courtroom Handbook on Georgia Evidence, p. 51.
Whether or not the state has a role in the proceedings here that would make documents
prepared by DFCS inadmissible is unclear. The sources of such information in documents
prepared by DFCS must be the observations of agency personnel (DFCS caseworkers) and not
private citizens. While the contents of a report made by DFCS can only include the observations
and knowledge of agency personnel, documents prepared by others such as medical reports by
a physician are admissible separately under the business records exception.
This exception requires that the person who authored the business record be available to be cross-examined
about their contents. The Court of Appeals has held that a trial court should not have admitted reports from
doctors, teachers, and other specialists if their authors were unable to testify in court. In the Interest of
GDS., et al., 185 Ga. App. 772 (1988). Also, any business record admitted may not contain statements that
are opinions or conclusions. These issues raise the possibility that parts of your case file may be admissible
in court while other parts are not. Portions of a document containing opinion statements may have to be
blacked out before the document is submitted to the court. However, if these private citizen comments are
made by parties to the proceeding, then they might come in anyway under the Admissions exception.
Depending on what is being introduced at trial from your case file, the item might be admissible under this
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exception. Milich, §19.19.
XI. Preparing to Testify in Court
Testifying in juvenile court in a deprivation case is a common occurrence for all DFCS case managers.
However, case managers are provided very little training in how to prepare for their court duties. This
chapter is designed to give you a few helpful hints to make the process less stressful as well as explaining
the procedural rules of the court.
A. Preparing to Testify
Taking the time to be well prepared for your testimony will make your experience on the stand much easier.
You may wish to start by thoroughly reviewing your case file prior to any hearing in which you are scheduled
to appear. You should be generally familiar with the entire case even if you were only involved with one
phase or time period of the case. If possible, try to meet with the SAAG (Special Assistant Attorney General)
who will act as the attorney for DFCS in this case. The SAAG is the attorney who will call you as a witness in
the hearing. You are likely to be the person most familiar with the case, having conducted the investigation
of or provided services to this family. However, often it is the foster care worker who is called to testify and
not the CPS worker who conducted the investigation. Reviewing the case file with the SAAG and making a
list of what evidence is available and necessary for the deprivation hearing will minimize the risk of
confusion during the proceedings and the possibility that a continuance will have to be reque sted.
It is important to prepare your case file from the moment the case is opened as though you were going to
use the information in a court proceeding. You will be using this file later to prepare yourself to testify in
court. Your testimony will be far more effective if you can answer the questions posed as specifically as
possible. When recording information in the case file, try to use as much detail as can reasonably be
provided. As you record each event, occurrence, report, or any other information in your file, be sure you
have answered the basic questions: who, what, when, where, how, and why in as much detail as possible.
Detailed testimony in a deprivation hearing is far more persuasive to a judge than generalizations or
estimates. When recording your opinions of certain issues in the case file, be sure that they are marked
separately as such in case this document or portions thereof must be turned over to the judge during
discovery.
B. Helpful Hints on Testifying in Court
The SAAG representing the department in the county will call you to the stand to testify. The process of an
attorney questioning a witness favorable to his/her case is known as direct testimony. The SAAG will have to
ask questions in a form that is non-leading (questions that do not suggest an answer to the witness). Since
you are a witness for the SAAG in this hearing, the questions will be simple and polite. The SAAG is likely to
begin by asking you some general questions about your background. You are not likely to find any
surprising questions to which you don't know the answer to if you have previously discussed the case with
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the SAAG. Here are a few suggestions you may want to follow in answering questions during your direct
testimony before the court:
1. Never be late for court. Judges have extremely busy court calenders and this is a very easy way
to make him/her angry. Try to arrive at the courthouse at least 10 to 15 minutes before the
hearing. You should note that often the nature of these cases causes them to run late and yo u
may be forced to wait for a time before you are called into court. You may wish to bring
something to court to work on to make good use of your time while you wait. However, you still
must arrive at court at the designated time since the judge may be ready for your case at the
time appointed on the calendar.
2. Always give spoken answers to the questions. Never answer a question with a nod or a shrug,
always give a verbal response which the court reporter can record.
3. Speak clearly and distinctly so that all of the court participants can hear and understand you. If
the witness stand in your courtroom has a microphone you should speak into it.
4. Use ordinary language which can be understood by anyone. Try to avoid professional jargon or
lingo which will only be understood by those working in the field of child welfare or child
protective services.
5. Listen carefully to the question that is asked and answer only that question. Do not discuss
anything that you have not yet been asked about by the attorney questioning you.
6. If you cannot hear a question, ask the lawyer to repeat it. If you do not understand the wording
of a question, say so and the judge will ask the attorney to rephrase the question. Do not
attempt to guess what the attorney is asking if it is not clearly apparent to you.
7. Expect to feel anxious but be confident and professional in your answers. A good way to express
confidence in your testimony is to maintain eye contact with the judge when answering a
question.
8. Be as exact as possible in answering the question. This is where a detailed case file can add to
the effectiveness of your testimony during a deprivation hearing. Do not exaggerate or
understate any facts in your answers.
9. If an objection is made to a certain question, stop your answer and wait for the judge to rule on
the objection before you continue.
10. Always be polite and maintain your composure. Never argue with an attorney or a judge. Simply
answer the question that was asked of you.
11. If the question has two parts requiring different answers, then answer the question in two parts
or ask that the question be rephrased.
12. If you are testifying as an expert, be prepared to reconcile or distinguish your opinion from
opposing schools of thought.
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13. Know your testimony before taking the stand and avoid bringing notes with you to assist you in
testifying. Whatever information is contained in the documents you take with you to the stand
to assist you in testifying may be subject to review by the attorneys for the parent(s) and the
guardian ad litem. You may be called upon to testify as to the work of another caseworker who
has retired or moved on to another job. You should still attempt, if possible, to review the case
file beforehand and testify from memory.
14. Always address the Judge as "Your Honor" throughout the hearing.
McGough, Lucy S., The Social Worker and the Legal Process in Georgia: A Handbook for Caseworkers, p.
130, (1981) and Child Protective Services: A Supervisor's Guide, V-20, p. 2.
Number 13 above is an area of the law that remains unsettled. O.C.G.A. § 24-9-69 states that a witness
"may refresh and assist his memory by the use of any written instrument or memorandum, provided he
shall finally speak from his recollection thus refreshed or shall be willing to swear positively from the paper."
In criminal cases, the attorney for the opposing party generally has a right to view any notes in the
possession of the witness used during testimony. This practice has been extended to civil cases by some
trial courts. The Court of Appeals has given mixed signals about whether an attorney in a civil case may
view the notes used by a witness for the opposing party. Paul S. Milich, Georgia Rules on Evidence, §13.5.
In Kilgore v. Department of Human Resources, 151 Ga. App. 19 (1979), the Court of Appeals held that an
attorney representing a mother in a hearing to terminate her parental rights did not have an absolute right
to view the notes used by a DFCS caseworker during her testimony. However, the court noted that these
were simply notes and not the case file which had already been presented to the court for review. In
another civil case, the court held that the cross-examiner has the right to question the witness concerning
the contents of the document which is assisting in his/her testimony. Lester v. S.J. Alexander, Jr., 127 Ga.
App. 470 (1972). Given the somewhat unsettled nature of the law in this area as well as the tendency of
many trial judges to require that documents used to refresh a witness' recollection be submitted for
inspection by opposing counsel, DFCS case managers would be well advised to consult your supervisor
and/or SAAG to see if the case file should be taken to court and if the juvenile court judge in your
jurisdiction allows a DFCS case manager to bring their own handwritten notes to the stand without them
being subject to review by an attorney representing the child's parents.
Cross-examination is the process whereby the attorney for the child's parents, or possibly the guardian ad
litem representing the child will have the opportunity to ask you questions. This is the part of the process
which most case managers find the most stressful. It may seem to the case manager that the attorney is
trying to undermine the credibility of your testimony in the eyes of the judge. What the attorney is doing is
fulfilling his/her professional obligation to advocate for his or her client. The attorney's job is to make sure
the state meets its burden of proving by clear and convincing evidence that the child is deprived. This
process may come across as a personal attack on the DFCS case manager and it may appear that the
attorney does not care about the welfare of the child. It may help all parties to keep in mind that every
party to a case has a right to present his or her side and that every attorney present has an ethical
Page191 of 306
obligation to vigorously represent his or her client. It is the judge's job to decide on which side the weight of
the evidence falls.
One way the opposing attorneys try to show that the state has not met its burden of proof is by attempting
to reveal falsehoods, mistakes, incorrect procedures, etc. on your part during the investigation of these
allegations. The attorney is likely to focus questions on your competency, whether the agency has offered
and provided adequate or appropriate services to the family, whether you are hostile or biased towards the
parents, and whether there are any discrepancies between your case file and your testimony on the stand
as well as prior statements to the parents before the hearing. The attorney's job is to present the parent's
case, which is usually attempting to convince the judge that the most appropriate placement is back at
home with the parent(s). Their attorney will try and bring out all of the ways that the parent(s) have
complied with the case plan and the reasons behind noncompliance. This might be accomplished by
attempting to show that DFCS is partially or completely responsible for noncompliance (i.e. DFCS did not
provide appropriate services or did not make these services available). The goal and responsibility of the
parent's attorney is to cast his/her client's case in the best possible light and highlight any negatives about
the state's position.
A detailed and well prepared case file will help you to prepare for your testimony and minimize the
opportunity for the attorney to ask questions that you may find difficult or uncomfortable to answer. During
cross examination, the attorney is allowed to ask the witness what are called leading questions. These
questions suggest an answer to the witness and often only allow the witness to answer yes or no without an
opportunity for explanation. Do not be concerned about what you may perceive as unfair about this
procedure. Answer the questions professionally and to the best of your abilities without appearing to
become upset. DFCS case managers often complain that attorneys representing parents in deprivation cases
beat up on them and the department in an attempt to minimize the appearance of a lack of proper parental
care or control. You should remember not to take this process personally. The attorney is simply doing
his/her job in representing the client and likely has no personal dislike for you or your department. In
addition to the suggestions mentioned in the section on direct testimony, you will want to:
1. Remain calm. Try not to get offended at any of the questions posed to you and never
argue with an attorney or with the judge.
2. Listen to the question carefully. Do not provide any information in your answer that
was not asked for in the question but you should give as thorough an answer as you
can in order to avoid your answer being misinterpreted by the judge.
3. Do not let yourself be rushed along by the attorney. This is a technique to try and
throw you off balance by interrupting your answer with another question. Try to finish
your answer to the first question before moving on. You may wish to ask the judge for
permission to finish your answer if you feel you were cut off.
4. Do not answer a question you do not understand or to which you do not know the
answer.
Page192 of 306
McGough, p. 130.
If the SAAG feels that you did not have the opportunity to adequately explain your answers, the SAAG may
request the opportunity to redirect or ask additional questions of you before you leave the stand.
Table of Authority
Cases
Bendiburg v. Dempsey, 909 F.2d 463 (11th
Cir. 1990) 5
Brown v. Fulton Co. Dept. of Family and Children Services,
136 Ga. App. 308 (1975) 6
Daniels v. State, 184 Ga. App. 689 (1987) 54
Dawley v. Butts Co. Dept. of Family and Children Services., 148 Ga. App. 815 (1979) 16
E.S. v. State, 134 Ga. App. 724 (1975) 20
Elrod v. Hall County Dept. of Family and Children Services, 136 Ga. App. 251 (1975) 6
Horne et al. v. The State, 192 Ga. App. 528 (1989) 21
In re C.M., 179 Ga. App. 508 (1986) 22
In re D.R.C., 191 Ga. App. 278 (1989) 19
In re G.K.J., 187 Ga. App. 443 (1988). 15
In re H.B. and K.B., 174 Ga. App. 435 (1985) 48
In re J.D.H., 188 Ga. App. 466 (1988) 53
In re J.R.T., a Child, 233 Ga. 204 (1974) 8
In re M.M.A., 166 Ga. App. 620 (1983) 21
In re R.L.M., 171 Ga. App. 940 (1984) 33
In re R.R.M.R., 169 Ga. App. 373 (1983) 33
In re S.G.T., 175 Ga. App. 475 (1985) 48
In re S.R.J., a child., 176 Ga. App. 685 (1985) 47
In the Interest of A.M.B. et al., children., 219 Ga. App. 133 (1995) 47
In the Interest of B.H., 190 Ga. App. 131 (1989) 6
In the Interest of B.J., 220 Ga. App. 144 (1996) 48
In the Interest of B.J.H., 197 Ga. App. 282 (1990) 46
In the Interest of G.L.H., et al., children., 209 Ga. App. 146 (1993) 47
In the Interest of GDS., et al., 185 Ga. App. 772 (1988) 58
In the Interest of J.M.G., a child., 214 Ga. App. 738 (1994). 47
In the Interest of J.N.T., a child., 212 Ga. App. 498 (1994) 33
In the Interest of K.B., 188 Ga. App. 199 (1988) 32
Page193 of 306
In the Interest of M.A. et al., Children, 218 Ga. App. 433 (1995) 4
In the Interest of M.C.A.B., a child., 207 Ga. App. 325 (1993) 48
In the Interest of P.M., et al., children., 201 Ga. App. 100 (1991) 43
In the Interest of T.M.H., et al., children., 197 Ga. App. 416 (1990) 47
In the Interest of W.W.W., 213 Ga. App. 732 (1994) 4
In the Interests of B.R.S., a child., 198 Ga. App. 561 (1991) 46
Irvin v. Department of Human Resources, 159 Ga. App. 101 (1981) 12
Kelly v. Floor Bazaar, Inc., 153 Ga. App. 163,165 (1980) 54
Kilgore v. Department of Human Resources, 151 Ga. App. 19 (1979) 61
Lester v. S.J. Alexander, Jr., 127 Ga. App. 470 (1972). 62
Lewis v. Winzenreid, 263 Ga. 459 (1993) 6
Longshore v. State, 239 Ga. 437 (1977) 18
McBurrough v. Dept. of Human Resources, 150 Ga. App. 130 (1979) 14
Miller v. Rieser, 213 Ga. App. 683 (1994) 15
Moss v. Moss, 135 Ga. App. 401 (1975) 5
Page v. Shuff, 160 Ga. App. 866 (1982) 42
Petty v. Folson, 229 Ga. 477 (1972) 57
R.C.N. v. State of Georgia, 141 Ga. App. 490 (1977) 7
Ray v. Department of Human Resources, 155 Ga. App. 81 (1980) 21
Rodgers et al. v. Department of Human Resources, 157 Ga. App. 235 (1981) 33
Sanchez v. Walker Co. Dept. of Family and Children Services, 237 Ga. 406 (1976) 12, 13, 20
Shelton v. Long, 177 Ga.App. 534 (1986) 57
Skipper v. Smith, 239 Ga. 854 (1977) 32
Thrasher v. Glynn Co. Dept. of Family and Children Services, 162 Ga. App. 702 (1982) 8, 49
Uniroyal Goodrich Tire, Co. et al. v. Adams et al., 221 Ga. App. 705 (1996) 48, 49
Vermilyea v. Dept. of Human Resources, 155 Ga. App. 746 (1980) 7
Wilkins v. Georgia Department of Natural Resources, 255 Ga. 230 (1985) 53
Official Code of Georgia Annotated
O.C.G.A. § 15-11-1(1) 5
O.C.G.A. § 15-11-103(a)(1) 53
O.C.G.A. § 15-11-103(a)(2) 53
O.C.G.A. § 15-11-103(d) 53
O.C.G.A. § 15-11-105. 44
O.C.G.A. § 15-11-11 25
O.C.G.A. § 15-11-11(a)(1-9) 25
O.C.G.A. § 15-11-12(a) 30
O.C.G.A. § 15-11-12(b) 24
O.C.G.A. § 15-11-13 31
O.C.G.A. § 15-11-2(10) 10
O.C.G.A. § 15-11-2(10.1)(A-E) 50
O.C.G.A. § 15-11-2(2)(C) 3
O.C.G.A. § 15-11-2(8) 5
O.C.G.A. § 15-11-2(8)(A-D) 5
O.C.G.A. § 15-11-28(a)(1)(C) 3
O.C.G.A. § 15-11-28(a)(2)(B) 4
O.C.G.A. § 15-11-28(a)(2)(C) 4
O.C.G.A. § 15-11-28(e) 4
Page194 of 306
O.C.G.A. § 15-11-29(a) 8
O.C.G.A. § 15-11-29(b) 9
O.C.G.A. § 15-11-37 18
O.C.G.A. § 15-11-38 18
O.C.G.A. § 15-11-38.1(1-4) 19
O.C.G.A. § 15-11-39(a) 17, 20
O.C.G.A. § 15-11-39(b) 22
O.C.G.A. § 15-11-39(c) 10
O.C.G.A. § 15-11-39.1 22
O.C.G.A. § 15-11-39.1(a) 22
O.C.G.A. § 15-11-39.1(b) 22
O.C.G.A. § 15-11-39.1(c) 22
O.C.G.A. § 15-11-39.2(a) 23
O.C.G.A. § 15-11-39.2(a)(2)(A) 23
O.C.G.A. § 15-11-39.2(a)(2)(B) 23
O.C.G.A. § 15-11-39.2(c) 23
O.C.G.A. § 15-11-41(a) 23
O.C.G.A. § 15-11-41(b) 24
O.C.G.A. § 15-11-45(a)(4) 9
O.C.G.A. § 15-11-46(1-4) 11
O.C.G.A. § 15-11-47(a)(2) 10
O.C.G.A. § 15-11-47(a)(3) 10
O.C.G.A. § 15-11-48(f) 11
O.C.G.A. § 15-11-49(a) 10, 11
O.C.G.A. § 15-11-49(b) 11, 17
O.C.G.A. § 15-11-49(c)(3) 11, 12
O.C.G.A. § 15-11-49(c)(4) 13, 14
O.C.G.A. § 15-11-49(d) 13, 17
O.C.G.A. § 15-11-49(e) 17
O.C.G.A. § 15-11-49.1 10
O.C.G.A. § 15-11-54(a) 24
O.C.G.A. § 15-11-54(c) 24
O.C.G.A. § 15-11-55(a) 31
O.C.G.A. § 15-11-55(a)(1)-(3) 31
O.C.G.A. § 15-11-55(a)(2) 32
O.C.G.A. § 15-11-56(b) 25
O.C.G.A. § 15-11-58 (a)(4). 39
O.C.G.A. § 15-11-58(a) 26, 27, 33
O.C.G.A. § 15-11-58(a)(1) 27
O.C.G.A. § 15-11-58(a)(2)(A-B) 26
O.C.G.A. § 15-11-58(a)(3) 26
O.C.G.A. § 15-11-58(a)(4) 27
O.C.G.A. § 15-11-58(b) 27, 37
O.C.G.A. § 15-11-58(c) 38
O.C.G.A. § 15-11-58(e) 38
O.C.G.A. § 15-11-58(f) 27, 39
O.C.G.A. § 15-11-58(g) 39
O.C.G.A. § 15-11-58(h) 39, 40
O.C.G.A. § 15-11-58(k) passim
O.C.G.A. § 15-11-58(l) 38, 41
O.C.G.A. § 15-11-58(n)(1) 41, 42
O.C.G.A. § 15-11-58(n)(3) 42
O.C.G.A. § 15-11-58(o)(2) 42
O.C.G.A. § 15-11-58.1(a) 33, 37
O.C.G.A. § 15-11-6(a) 14
Page195 of 306
O.C.G.A. § 15-11-6(b) 13, 14, 53
O.C.G.A. § 15-11-65(d) 30
O.C.G.A. § 15-11-68 31
O.C.G.A. § 15-11-7(a) 24
O.C.G.A. § 15-11-78(b)(5) 23
O.C.G.A. § 15-11-78(c) 23
O.C.G.A. § 15-11-89 31
O.C.G.A. § 15-11-9 14
O.C.G.A. § 15-11-93 44
O.C.G.A. § 15-11-94(a) 44, 45
O.C.G.A. § 15-11-94(b) 39, 47
O.C.G.A. § 15-11-94(b)(1) 48
O.C.G.A. § 15-11-94(b)(1-4) 44
O.C.G.A. § 15-11-94(b)(2) 48
O.C.G.A. § 15-11-94(b)(4)(A)(i-iv) 45
O.C.G.A. § 15-11-94(b)(4)(B)(i-vi) 46
O.C.G.A. § 15-11-94(b)(4)(C)(i-iii). 46
O.C.G.A. § 15-11-95(b) 44
O.C.G.A. § 15-11-95(c) 49
O.C.G.A. § 15-11-95(d) 50
O.C.G.A. § 15-11-96(a) 49
O.C.G.A. § 15-11-96(b 50
O.C.G.A. § 15-11-96(c) 50
O.C.G.A. § 15-11-96(e) 49, 51, 52
O.C.G.A. § 15-11-96(e)(1-4) 49, 51
O.C.G.A. § 15-11-96(f)(1-3) 51
O.C.G.A. § 15-11-96(g) 51, 52
O.C.G.A. § 15-11-96(h) 52
O.C.G.A. § 15-11-96(i) 52
O.C.G.A. § 15-11-98(a) 53
O.C.G.A. § 19-7-5(b)(3)(A) 6
O.C.G.A. § 19-7-5(b)(3)(B-D) 6
O.C.G.A. § 19-8-24(a)(1) 7
O.C.G.A. § 19-8-24(a)(2) 7
O.C.G.A. § 24-3-1 57
O.C.G.A. § 24-3-14 57, 58
O.C.G.A. § 24-3-16 57
O.C.G.A. § 24-3-31 57
O.C.G.A. § 24-9-5(a) 55
O.C.G.A. § 24-9-5(b) 55
O.C.G.A. § 24-9-65 55
O.C.G.A. § 24-9-69 61
O.C.G.A. § 49-5-3(12) 32, 33
O.C.G.A. § 49-5-3(13) 32
O.C.G.A. § 49-5-40 21
O.C.G.A. § 49-5-40(b) 21
O.C.G.A. § 49-5-41 21
O.C.G.A. § 49-5-41(a)(2) 21
Uniform Rules of the Juvenile Court
URJC, 11.3 17, 20
URJC, 11.8 53
URJC, 15.3 33
URJC, 24.1 40
URJC, 24.7 40
URJC, 4.2 17, 18
Page196 of 306
URJC, 6.3 18
URJC, 6.6 19
URJC, 7.1 20
URJC, 7.2 21
Georgia Constitution
Ga. Const. 1983, Art. VI, §IV, I 4
Attorney General Opinions
1976 Op. Atty Gen. No. 76-131 6
Op. Atty. Gen. 76-131 (1976) 14
Resource Books
Child Protective Services: A Supervisor's Guide 57, 61
Ferreira, McGough's Ga. Juvenile Practice and Procedure (2nd ed.) passim
Guide to the Administration of the Interstate Compact on the Placement of Children 35
Kipling Louise McVay, Deprivation and Termination. Children in Court: A Systems Approach,, (1989)
32
Lucy S. McGough, The Social Worker and the Legal Process in Georgia: A Handbook for Caseworkers,
December 1981 55, 63
Paul S. Milich, Courtroom Handbook on Georgia Evidence 58
Paul S. Milich, Georgia Rules of Evidence 55, 56, 61
U.S. Code/Federal Regulations
42 U.S.C. § 5106(b)(6) 14
45 C.F.R. Ch. XIII 1340.14(g) (10-1-96 Edition) 14
45 C.F.R. Ch. XIII, § 1356.21(d)(4), (10-1-96 Edition) 27
45 C.F.R. Ch. XIII, §1357.15(e)(1) (10-1-95 Edition) 28
45 C.F.R. Ch. XIII, §1357.15(e)(2) (10-1-95 Edition) 28
Adoption and Safe Families Act of 1997 (Public Law 105-89) 26
Adoption Assistance and Child Welfare Act of 1980 (Public Law 96-272), 42 U.S.C. §670 et seq 25
Child Abuse Prevention and Treatment Act (CAPTA), P.L. 93-247 14
Title IV-E of the Social Security Act. 42 U.S.C. § 671(a)(15) and § 672 (a)(1) 27
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Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 197
BACK CONTENTS FORWARD
2107 FAMILY PRESERVATION PROGRAMS
Introduction
Early Intervention/Preventive Services, Parent Aide Services, Prevention of
Unnecessary Placement (PUP), and Homestead programs are Georgia Department of
Human Resources initiatives to provide family services to families with children in need
of service, at risk for foster care placement, or ready for reunification. It is critical that
we establish partnerships with community-based resources so that together we can
assist families in need of early intervention as well as those in need of more intensive
services.
These are purchased services through community based organizations, vendors and
service providers. These programs are designed to help ensure a child’s protection,
safety and best interest. These services can be utilized on a continuum or in tandem as
part of a family’s safety and/or case plan to manage and reduce the risk factors
contributing to child abuse and neglect. Providers of these services are mandated
reporters and must report to the Department suspected cases of child abuse or neglect.
EARLY INTERVENTION/PREVENTIVE SERVICES
The goal of Early Intervention/Preventive Services is to provide voluntary family support
services and information about community services to prevent problematic family issues
from escalating to the point of required CPS intervention. Families believed to be in
need of early intervention services are referred to community based resources by the
county department. Early Intervention/Preventive Services are purchased services
through a vendor. Early Intervention services are available for CPS referrals that are
substantiated and closed with dispositions of low risk, referrals that are
unsubstantiated and closed, referrals that are screened-out and open cases
reassessed as low risk and subsequently closed. (See 2107.1)
Early Intervention/Preventive Services are voluntary and are offered at no cost to the
family. If a child is being seriously or deliberately maltreated or physical living
conditions are hazardous, an out-of-home placement is required to assure safety.
Early Intervention will not be used to keep children in unsafe environments or at
risk of further maltreatment.
A family with an open CPS case is not eligible to receive Early Intervention/Preventive
Services but may be eligible for Parent Aide Services. Early Intervention/Preventive
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 198
Services engage paraprofessional staff to provide parenting education and support to
families through group classes, in-home visitation and provide information about
community services. These services are designed to strengthen vulnerable families
and prevent child abuse and neglect. Early Intervention staff work with families to
prevent problematic family issues from escalating to the point of requiring CPS
intervention.
Early Intervention/Preventive Services may give a family the help it needs before
problems become serious enough for CPS. If a family requires more than “brief” or
early intervention, the case may need to be opened and additional services provided. If
a case is opened, Early Intervention services are closed. If the case is opened, the
case manager assesses the situation and determines what services are needed.
Additionally, Early Intervention services may be used for open CPS cases that have
been reassessed as low risk and closed.
For a detailed description of Early Intervention/Preventive Services, eligibility
requirements, and procedure/practice guidelines, see 2107.1 through 2107.7.
*Adult Protective Services cases are not eligible for Early Intervention/Preventive Services.
PARENT AIDE
The goal of the Parent Aide Program is to stabilize and help families in need of
intervention by providing in-home and group parenting education and referring these
families to community based resources. Parent Aide Services are a paraprofessional
family support and prevention program available to any family with an open Social
Services* case. The Parent Aide Program engages paraprofessional staff to provide
parenting education, training and support to families through group classes and in-home
visitation. Parent Aides work as a team member with casework staff, with the goal of
ensuring the safety and protection of children by improving parenting competency.
Objectives are to strengthen the parent-child bond, reduce social isolation, build trust,
help parents identify their children’s needs and ways to respond to those needs, and
appropriate discipline. Other responsibilities may include emergency respite care, food
and nutrition education (i.e. meal planning, advice on grocery shopping, meal
preparation, safe food handling and sanitation), information on homemaking and
budgeting topics, and assistance in accessing community resources.
The Parent Aide Program is a paraprofessional support program, as opposed to
therapeutic intervention. Parent Aide services are most useful for cooperative parents
who are experiencing stress and are open to learning new approaches to parenting.
These services are not designed to address issues that require clinical intervention.
Parents who have chronically neglected, seriously injured, sexually abused, abandoned
a child or have a mental illness or disability often need more structured intervention than
is available through parent aides.
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 199
For a detailed description of Parent Aide services, eligibility requirements, and
procedure/practice guidelines, see 2107.8 through 2107.14.
*Adult Protective Services cases are not eligible.
PREVENTION OF UNNECESSARY PLACEMENT (PUP)
The goal of PUP services is to reduce risk factors contributing to child maltreatment to
ensure the protection and safety of children. PUP services include: emergency
housing/financial assistance, temporary child care services, counseling, emergency
transportation needs, emergency medical/dental needs and psychiatric/psychological
testing, funding for drug screens, and substance abuse assessments. A family must
have an open Social Services case to receive PUP services.
The PUP Program offers an array of support and intervention services. Through PUP,
psychological or psychiatric assessments, substance abuse assessments, drug
screens, and counseling may be obtained through vendors who have the necessary
skills and training to address more serious problems. PUP may be used to help a family
through a financial crisis with emergency rent, utilities or child care. The most ineffective
use of PUP is to pay for rent or utilities without assessing how the family got into this
difficulty. If the family's crisis is because of some unavoidable emergency, PUP can be
helpful. If the family's difficulties are chronic and reflecting a lifestyle of crisis, PUP
should not be used.
For a detailed description of PUP services, eligibility requirements, and
procedure/practice guidelines, see 2107.15 through 2107.25.
*Adult Protective Services cases are not eligible.
HOMESTEAD
The goal of Homestead Services is to stabilize and help families in need of intensive
therapeutic intervention to insure a safe and healthy environment for the family.
Homestead Services provide short-term, intensive, crisis-oriented, in-home counseling
program in order to stabilize the family and insure a safe and healthy environment for
the children. This program attempts to meet the immediate /crisis-oriented needs of
families while also beginning to address the root causes of family dysfunction with
therapeutic intervention strategies. The Homestead program provides comprehensive
assessment, family support, counseling and crisis intervention to manage the risk
factors contributing to child abuse and neglect. A family must have an open Social
Services* case to receive Homestead services.
Child Protective Services: Family Preservation
Social Services Manual Child Protective Chapter 2100, Section VII
September 2000 Page 200
Homestead is the most intensive of the Family Preservation programs. Homestead
services are best matched to families in crisis and who require therapeutic or clinically
oriented intervention. Homestead has been successful with a variety of families with
significant problems. Several common factors with these families include a desire and
motivation to change and the emotional and intellectual resources to benefit from
counseling. Homestead Services can and should be used for cases that have been
evaluated and found to be high-risk cases. Additionally, Homestead Services can be
used for children at imminent risk of f placement and reunification when a child is being
returned to his/her family. Homestead Services can be part of the reunification plan.
For a detailed description of Homestead services, eligibility requirements, and
procedure/practice guidelines, see 2107.26 through 2107.32.
*Adult Protective Services cases are not eligible.
Family Preservation Programs
Early Intervention/Preventive Services can help families before they reach the point of
needing CPS intervention. Once a case is opened for services, Parent Aide, PUP and
Homestead Program can work together providing support, education and counseling to
families to form a continuum of services. Each program offers distinct strengths and
services. DFCS case managers assess which services are most appropriate for each
family. The following is a general comparison of the programs and the families they
best serve.
Several tenets of family preservation services underlie the philosophy of the Early
Intervention/Preventive Services, Parent Aide, PUP, and Homestead programs:
1.The goal of family preservation services is to ensure the protection and safety of a
child at risk of maltreatment.
2.The Division of Family and Children Services should invest at least, as much time,
energy and resources into preserving and strengthening a child's natural family as it
would spend in providing out-of-home care for that child. No child in the State of
Georgia should be placed into foster care for purely or chiefly temporary financial
problems in the family.
3.Family preservation services help families help themselves by preserving and
strengthening a child's own family and promoting a family's self-sufficiency,
self-determination and independence.
4.Family Preservation Programs are key elements in Georgia's family
preservation services and permanency planning required by Public Law
96-272, the Adoption Assistance and Child Welfare Act of 1980.
5.Family Preservation Programs are supported by P.L. 103-66, the Family
Child Protective Services: Family Preservation
1
Preservation and Support Services; Omnibus Budget Reconciliation Act of
1993.
Several factors suggest that family preservation services may not be effective in
certain cases. Out-of-home placement of children into foster care is necessary
whenever a child’s safety cannot be ensured through controlling safety
interventions, or when risk cannot be effectively managed in the home. A
CHILD'S RIGHT TO PROTECTION AND SAFETY OUTWEIGHS A PARENT'S
RIGHT TO THE CHILD AND IS ALWAYS THE PRIMARY CONSIDERATION IN
CPS. Therefore, family preservation may not be an appropriate goal in the
following situations:
 chronic, cruel or life-threatening abuse
- sexual abuse where the offender is likely to have access to the child, or where
the non-offending parent is unwilling or unable to be protective of the child
 families with a death of a sibling as a result of maltreatment
- families with repeated foster care placements
 parents that have abandoned the child
- children that refuse to go home or parents that do not want their children home
 parents with drug or alcohol addiction that is being denied or untreated
- parents with repeated or serious criminal activity
 parents denying the maltreatment or unwilling to participate in necessary
services
Child Protective Services: Family Preservation
2
OFFICE OF THE
CHILD
ADVOCATE
For the Protection of
Children
ANNUAL REPORT
2004-2005
D
DeAlvah Hill Simms, Esq.
I. Child Advocate
Office of the Child Advocate
3330 Northside Drive
Suite 100
Macon, Georgia 31210
(478) 757-2661
(800) 254-2064
www.gachildadvocate.org
Child Protective Services: Family Preservation
3
In accordance with my statutory responsibility as the Child Advocate
for the Protection of Children, I respectfully submit this annual report
reviewing the period from July 1, 2004 to June 30, 2005. This report
covers a twelve month period unlike the previous annual report which
covered an eighteen month period in order to align the submission of future
reports with the State’s fiscal year. The reader should therefore note that
direct comparisons of the numbers and statistics contained herein should
not be made without accounting for the varying timeframes of the reports.
HISTORY
The Office of the Child Advocate for the Protection of Children was
created through legislation passed during the 2000 session of the Georgia
General Assembly with the purpose being to improve the state’s child
protective services and to bring greater accountability to the Division of
Family and Children Services (“DFCS”). With the creation of the Office of
the Child Advocate ("OCA") in 2000, Georgia became the twelfth state to
open an independent ombudsman office designed to protect the rights of
children in state care and to monitor the agencies charged with protecting
Child Protective Services: Family Preservation
4
those children. Many states have followed suit and the number of child
welfare ombudsmen has more than doubled since 2000.
The OCA is given independent oversight of DFCS and others
responsible for providing services to or caring for children who are victims
of child abuse or neglect, or whose domestic situation requires intervention
by the state. The specific rights, powers, and duties of the Child Advocate
are set forth in O.C.G.A §15-11-170 through §15-11-177 and a complete
version has been included in this report as Appendix A. The Child Advocate
serves for a term of three years and acts independently of any state
official, department, or agency in performing the duties of office.
The OCA has ten state-funded positions: the Child Advocate, the Administrative Assistant
to the Child Advocate, the Director of Policy and Evaluation, the Chief Investigator, five
Investigators and an Intake Technician. The Victim Advocate Program Manager is funded through
the Criminal Justice Coordinating Council’s ("CJCC") Victims of Crime Act Grant Program. A
detailed list of the OCA staff is contained in Appendix B.
The Child Advocate and OCA staff meet quarterly with the Child Advocate Advisory
Committee to review and assess patterns oftreatment and service for children, policy implications,
and necessary systemic improvements based on information from the work and findings of the
OCA staff. The members of the Child Advocate Advisory Committee are listed in Appendix C.
MISSION
The mission of the Office of the Child Advocate is to oversee the protection and care of
children in Georgia and to advocate for their well-being. In furtherance of this mission, OCA seeks
to promote the enhancement of the State’s existing protective services system to ensure that our
children are secure and free from abuse and neglect. We do so through the operation of three
programs:
Child Protective Services: Family Preservation
5
1. Investigations - OCA staff investigate complaints and referrals from every geographical
area of the state. Recommendations for improvement are rendered based upon OCA's
investigative findings. As problem areas are identified in the course ofOCA investigations,
OCA conducts on-site DFCS audits to provide a more thorough assessment of local
county DFCS operations.
2. Advocacy - OCA seeks changes in laws affecting children and promotes positive revisions
in the child protection system's policies and procedures. OCA also provides individual
advocacy services to child abuse victims and families so that they receive appropriate
services to reduce their trauma when prosecution of the offender is warranted.
3. Education - OCA promotes better training of all professionals involved in child deprivation
cases and those warranting criminal prosecution through opportunities for professional
developmentas well as facilitation of more public awareness aboutthe issues surrounding
the child protective services system.
A detailed discussion of our activities and recommendations within each of these three
programs is contained herein.
INTRODUCTION
Fiscal Year 2005 brought tremendous change to Georgia’s child protection system. It
ushered in the appointment of DHR Commissioner B.J. Walker, and more recently, the
appointmentof Mary Dean Harvey as the Director of the Division of Family and Children Services.
With these appointments and new leadership came a greatdeal ofenergy and enthusiasm to build
a truly reformed system and the beliefamong many that change was indeed possible after a period
of years in which the agency was mired in turmoil, plummeting morale, and a mass exodus of
caseworkers.
In her questto overhaul DFCS, Commissioner Walker instituted a new process now known
as “G-9,” which serves as an experimental laboratory in which hypotheses and new ideas are
tested among the nine most populous counties. New approaches that are implemented and are
successful in effecting change within these nine territories may be deployed to the rest of the state.
Commissioner Walker is to be commended for bringing fresh and innovative strategies such as this
to Georgia. Indeed, DFCS staff report that this process accomplishes even more: it fosters a
sense of urgency to effect change; holds county leaders accountable; and begins to change a
Child Protective Services: Family Preservation
6
culture and value system that held that the agency’s first job was to stay out of the media spotlight
and that some degree of failure was to be expected in the difficult business of protecting children
and families.
Another notable success of which DHR/DFCS should be proud is its training academies.
These periodic training seminars for county DFCS staff bring focused attention to specific areas of
concern within the agency, such as relative placements and the independent living program for
older foster youth. These academies representadditional evidence ofthe agency’s leadership and
commitment to addressing areas the agency itself has identified as problematic. Moreover, they
bring together DFCS staff on a regular basis and foster better relationships between the state and
county offices, a relationship formerly characterized by fear and mistrust.
One early testin Commissioner Walker’s tenure occurred upon the tragic drowning deaths
of two toddlers in Warren County in April 2005. The family, of course, had extensive prior
involvement with DFCS before the children died. In a different time in Georgia’s history, the
county, caseworker, and supervisor might have been left to fend for themselves and face the
intense media scrutiny that followed alone. The caseworker almost certainly would have been
fired, further exacerbating hostile relations between the state and county offices and resulting in yet
another exodus of workers determined not to face a similar fate nor have their name in the local
newspaper.
Surprising many, Commissioner Walker did just the opposite. She faced the media
herself and stood by the worker and Warren County, responsibly pointing out that in this case,
even though the staff involved had done everything right, something can and did go horribly wrong
within the family. A clear message of support thus rang out statewide among frontline DFCS staff
that Commissioner Walker was for real and she would notabandon her staff in time of crisis simply
because it is the most expedient thing to do.
Another milestone in the relatively brief tenure of Commissioner Walker includes
settlement of the Kenny A. lawsuit against the state. While settled after the reporting period, OCA
supports the Consent Decree settling the legal issues pending against the state concerning its
treatment of children in foster care in Fulton and DeKalb Counties. DHR is to be commended for
the strength of the agreement and its commitment to achieving the thirty-one outcome measures
specified in the settlement. OCA agrees that in whole, the agreement represents the promise of a
foster care system in Fulton and DeKalb Counties of which Georgia can be proud.
Indeed, as the post-settlementmonitoring period begins, Fulton and DeKalb Counties are
Child Protective Services: Family Preservation
7
expected to make significant changes and progress in their respective foster care systems and
their treatment of children. Tremendous amounts of staff time and attention at the state, regional,
and local levels are expected to be focused on these counties. While necessary and appropriate,
these investments must not come at the expense of the rest of Georgia. As individual OCA case
investigations and audits undeniably demonstrated, much remains to be done in our exurban and
rural counties where OCA discovered frighteningly high caseloads and poor handling of children’s
cases, particularly in the growing number of counties experiencing surges in methamphetamine
abuse.
The Honorable Peggy H. Walker, Juvenile Court Judge of Douglas County, has been
instrumental in strengthening Georgia’s response to the METH crisis and currently serves as the
chair of the Georgia Alliance for Drug Endangered Children. Yearly almost 52,000 children in our
State are maltreated. As Judge Walker has stated so many times our young children who live in
households where methamphetamines are made or used are particularly vulnerable to abuse and
neglect. METH use, trafficking and production have swept through our State over the past two
years with terrible consequences for children.
Substance abuse treatment works, even for METH users. Children are resilient. It is our
duty to see that our parents and children receive the services they need to be able to return home,
live as a family and function as productive members of our State. Treatment programs that allow
mothers to live with their children work. There is a real shortage of treatment programs for women.
OCA applauds DHR’s recent efforts in identifying target areas to direct funds aimed at substance
abuse treatment and is particularly pleased with the Governor’s recommendation of funding for
treatment services for 200 methamphetamine-addicted adults with children.
INVESTIGATIONS
Since the opening of the office in January of 2001, the OCA investigators have completed
2,451 investigations, consistently finding concerns in approximately 25% - 30% of those cases.
The Child Advocate and OCA staff again this year recognize and acknowledge the good work in
the many cases we review finding no concerns. The frontline workers have a tremendously difficult
job, and again in this reporting period, we saw caseload sizes that are not compatible with the
requirements of that job. Given the caseload numbers, it is quite notable that no concerns were
found in over 70% of cases reviewed by OCA. We extend our gratitude to those DFCS workers
Child Protective Services: Family Preservation
8
who maintain a good work ethic and continue in their commitment to protect the children of
Georgia.
During this reporting period, the Office of the Child Advocate again received a large
number of calls requesting services from our investigative division. OCA investigative staff
responses range from provision ofinformation, consultation and advice, referrals to other agencies
to full complaintinvestigation and response. In previous years all of these calls would have been
reflected identically in the data as cases open for investigation. After critical assessment, OCA has
divided these responses and activities into three separate categories for statistical review: full
investigations; investigative monitoring; and assistance and referral.
Two hundred seventy cases were opened for full investigation by OCA in this reporting
period while an additional 254 cases were received from the Governor’s Office of Constituent
Services (“GOCS”) for investigative monitoring and oversightby OCA. The cases received from the
GOCS are referred jointly to the Office of the Child Advocate and to constituent services within the
Department of Human Resources. Historically, OCA has monitored DHR’s handling of such
complaints to ensure the appropriateness of the response to the complaining constituent. This
gives DHR the opportunity to resolve such complaints without the necessity of OCA opening a full
investigation. OCA only opens for further investigation those cases where DHR’s response does
not address the issues in the constituent’s complaint or where OCA identifies practice or policy
concerns needing additional review or advocacy. OCA opened 24 of these cases for full
investigation after receiving a final response from DHR. This represented approximately 9% of
cases referred jointly from the Governor’s office to OCA and DHR.
In addition to full investigations and monitoring as described above, this year OCA also
captured an additional area categorized more appropriately as assistance and referral cases. OCA
had not previously tracked such cases and noted 39 assistance and referral cases during the
period of this report. The data set forth in this annual report reflects the changes noted above.
Child Protective Services: Family Preservation
9
Investigative Statistics
The 270 cases opened for investigation were from 87 different Georgia counties and the
following table shows the number of cases accepted for investigation per county, grouped by
DFCS classification code.1
1 Classification codes are based on county population and size
Total number of cases for this
reporting period is 563
OCA Investigators
Governor
Assistance
39
254
270
7%
45%
48%
Class County #Cases
6 Fulton 20
5 Bibb 12
5 Chatham 2
5 Clarke 1
5 Clayton 3
5 Cobb 9
5 DeKalb 9
5 Dougherty 2
5 Floyd 3
5 Gw innett 13
5 Low ndes 2
5 Muscogee 6
5 Richmond 3
4 Baldw in 3
4 Bartow 2
4 Carroll 3
4 Cherokee 5
4 Colquitt 1
4 Cow eta 8
4 Douglas 4
4 Glynn 1
4 Hall 3
4 Henry 16
4 Houston 6
4 Laurens 1
4 New ton 1
4 Rockdale 2
4 Spalding 15
4 Sumter 2
4 Thomas 2
Class County #Cases
4 Tift 2
4 Troup 2
4 Ware 2
4 Whitfield 2
3 Barrow 2
3 Catoosa 2
3 Coffee 1
3 Columbia 1
3 Decatur 1
3 Emanuel 1
3 Fayette 3
3 Forsyth 7
3 Grady 2
3 Greene 1
3 Habersham 1
3 Jackson 1
3 Meriw ether 2
3 Mitchell 1
3 Murray 4
3 Paulding 5
3 Peach 3
3 Polk 5
3 Stephens 1
3 Tattnall 1
3 Toombs 2
3 Upson 2
3 Walker 3
3 Washington 1
3 Wayne 1
3 Worth 1
Class County #Cases
2 Brantley 2
2 Butts 2
2 Candler 1
2 Chattooga 1
2 Cook 2
2 Dodge 1
2 Fannin 1
2 Gilmer 2
2 Haralson 4
2 Harris 2
2 Heard 1
2 Jasper 2
2 Jones 3
2 Lamar 3
2 Lumpkin 1
2 Oconee 1
2 Pike 1
2 Putnam 1
2 Rabun 3
2 Randolph 1
2 Screven 1
2 Telfair 1
2 Tw iggs 2
2 Union 2
2 White 4
2 Wilkes 1
1 Warren 1
Total 270
During the term covered by this report, OCA closed 367
cases evidencing a concern rate of 29%. The table on the
following page shows the number of cases closed per county,
cases closed with concerns per county and the percentage of
cases closed with concerns.
County
# of
Cases
Close
d
Closed
with
Concern
s % County
# of
Cases
Close
d
Closed
with
Concern
s % County
# of
Cases
Close
d
Closed
with
Concern
s %
Baldw in 3 3
10
0 Emanuel 1 1
10
0 Monroe 2
Banks 1 1
10
0 Elbert 1 Murray 2
Barrow 4 2 50 Fannin 2
Muscoge
e 5 2 40
Bartow 3 Fayette 4 1 25 New ton 3
Berrien 2 Floyd 2 Oconee 1 1
10
0
Bibb 19 2 11 Forsyth 6 2 33 Paulding 7 3 43
Bleckley 1 Franklin 1 Peach 5 3 60
Brantley 2 2
10
0 Fulton 33 12 36 Pickens 1
Bryan 1 Gilmer 2 1 50 Pike 4 2 50
Burke 1 Glynn 1 Polk 11 4 36
Butts 6 Gordon 3 Pulaski 1
Camden 3 Grady 2 1 50 Putnam 2
Candler 1 Greene 2 1 50 Rabun 4 2 50
Carroll 2 Gw innett 14 4 29
Randolp
h 1
Catoosa 3
Habersha
m 3 2 67
Richmon
d 8 4 50
Chatham 5 1 20 Hall 3 1 33
Rockdal
e 5 2 40
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Identified Practice Concerns
This section is organized consistent with how a child protective services case flows through the
DFCS system. It begins with a discussion ofsystemic concerns identified throughout DFCS practice. What
follows is a more detailed narrative of specific concerns within the three specialized practice areas: Child
Protective Services Investigations (“CPS”); Ongoing Child Protective Services Cases (“Ongoing”); and
Foster Care. CPS entails the investigative phase that follows a report of alleged abuse or neglect. Once
the investigation is complete, a determination is made whether to substantiate or unsubstantiate the
allegation. Ongoing CPS involves active supervision and work with a family after the case has been
substantiated but a determination was made that the children could safely remain in the home. Foster Care
involves substantiated cases ofchild abuse and neglectdeemed sufficiently serious to necessitate removal
of the children from the home. While the child is in foster care, DFCS works with and provides services to
the family so that when possible the children may return home.
OCA investigators identified many of the same or similar concerns in DFCS practices in this
reporting period as compared to previous years. Of note, however, is that DFCS is currently addressing
many ofthese issues and we have highlighted improvements and positive changes in the discussion below.
The systemic concerns identified below are derived from OCA investigations and reflectobserved practices
as detailed in individual case closure summaries. Until now, OCA has been limited in its technical ability to
compile this data in a manner that lends itself to aggregate analysis in a more detailed manner. In this
Chattahooch
ee 1 1
10
0 Haralson 1 Spalding 15 3 20
Chattooga 3 2 66 Harris 1
Stephen
s 4 2 50
Cherokee 8 4 50 Hart 2 Tattnall 1
Clayton 5 2 40 Henry 13 2 15 Telfair 1 1
10
0
Cobb 11 Houston 9 2 22 Tift 2
Coffee 1 1
10
0 Irw in 1 Troup 2
Colquitt 2 Jackson 2 2
10
0 Union 5 3 60
Cow eta 5 2 40 Jasper 2 Upson 1 1
10
0
Craw ford 3 Jenkins 1 Walker 1
Crisp 1 Jones 3 Ware 1
Daw son 1 Lamar 3 2 67 Warren 1
DeKalb 17 6 35 Laurens 3 1 33 Wayne 1
Dodge 4 Low ndes 4 1 25 White 3
Dougherty 3 1 33 Lumpkin 2 Whitfield 2 1 50
Douglas 7 3 43
Meriw eth
er 2 1 50 Wilkes 1 1
10
0
Effingham 2 Mitchell 2 Worth 2 1 50
Totals 367 106 29
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173
regard, OCA expresses great appreciation to Governor Perdue and the General Assembly for the
appropriation offunds to purchase an electronic file storage and managementsystem that will, in the future,
enable OCA to presentthe type ofinformation that follows with a greater degree ofprecision in the analysis
of practice, trends, and results.
Systemic Concerns
High Caseloads: Case management issues again topped the listofconcerns noted by OCA during
this period. While much focus has been puton lowering DFCS caseloads, OCA investigators continued to
note a strong correlation between high caseloads and poor practices in protecting children. Many of
Georgia’s counties continue to operate in crisis mode, but at this time it is the rural areas impacted by the
methamphetamine crisis who suffer the largestcaseloads as opposed to the metro counties in years past.
These rural county caseworkers who deal directly with children and families still suffer from high caseloads
and high staff turnover and the vacancy rate continues to be a challenge. The need to lower caseloads in
these counties is paramount. The rural counties facing the meth crisis cannot be forgotten just because
their caseloads have a minimal effect on the statewide caseload averages. Child abuse and neglect,
during the early years, have permanent, devastating effects when children do not receive the services
necessary to remedy the trauma. There is a direct link between workloads and the resulting safety of
children because of the vital importance of the relationship among the child, the child's family and the
caseworker. In over 50% of cases where OCA found practice and policy problems, the caseload of the
primary worker was above 20 with some caseloads rising above 60. In one instance involving a child
fatality, the assigned CPS investigator was carrying a caseload of 54 families with 103 children. While OCA
does not attribute the child’s death in any way to the worker or her caseload, management cannot allow
caseloads as dangerously high as this under any circumstances. Otherwise, they place their frontline
workers and the children they are attempting to serve in a position of guaranteed failure.
Supervision: Lack ofproper supervision was again among the highestconcerns noted by OCA this
period. OCA will remain focused on this issue in all of our reviews because of the very severe outcomes
that can result, and too often do result, from a lack ofproper supervision to insure the protection ofchildren.
Inexperienced frontline workers coupled with inadequate supervision resultin bad outcomes for the families
and children that are so dependent on an effective protective services system (Clarke County DFCS has
intentionally coded all of Jayden’s allegations as “improper supervision”. *Must document the trail
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173
with dates to provide to OCA). One tragic example occurred in Metropolitan Atlanta in which a child was
sexually abused by her mother’s boyfriend, who was also suspected of perpetrating domestic violence.
Despite these circumstances that were well documented in the case record, the child was left in the home
under a safety plan authorized by the supervisor. Not long after, the child was discovered to be pregnant
by the mother’s boyfriend. True supervision must be evidenced by more than a signature on a form. Far
too often we found cases closed withoutan investigative summary or conclusion and without any indication
of a supervisor’s review. The need for experienced and direct supervision is great due to the continuing
high turnover within the department.
Documentation: In many of OCA’s investigations we found a lack of good documentation
resulting in questions about what has or has not happened in a case. Without proper
documentation no one reviewing a case file can understand what has happened. Many times upon
follow up with the county DFCS office, OCA investigators were given information on the status of
the case which was missing or incomplete in the file. Key elements of casework left unaddressed
in documentation are inexcusable. Investigators found a lack of clear documentation about
contacts and visits with children and parents, court appearances and decisions and collateral
contacts. In one instance, an OCA investigator made a field visit to review a DFCS case file and the
agency could not locate the file. This occurred despite twenty-four hours’ notice that our investigator was
making the visit and who waited two additional hours while the agency attempted to locate the record. In
this same case involving multiple referrals of physical abuse, an OCA investigator made a return visit
several months later and the agency still could not provide documentation concerning the latter referral,
although it was listed as a closed case in the agency’s data system. This persistent problem within the
agency must be addressed so anyone reading the files can get a clear understanding of the history and
work with the family.
Communication: OCA remains troubled by the continuing issue of agency communication
both within DFCS offices and between county offices, as well as a reputation in some communities
for being unresponsive to telephone calls or being unable to leave messages because voice
mailboxes are full. In one suburban community, the child’s Guardian Ad Litem left several
messages for the child’s case manager that went unreturned. Without having critical information in the
case, the child’s courthearing was needlessly delayed. Failure to communicate and work together creates
bad outcomes for all involved. We have seen far too many cases where the communication and sharing of
information from county to county is non-existent or actually combative. In another case, one North
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173
Georgia county could not get a neighboring county to accept custody of children even though none
of the parties lived in the referring county. It took an agreement between two juvenile court judges
to resolve the matter as a “favor” for the receiving county to accept the case. A continuing issue
remains with county DFCS offices not cooperating with each other on conducting home evaluations,
especially in helping to explore possible placementof a child with a relative. DFCS in every county should
place this as a priority. It is good for children to be with family! We are sad to report that the policy to which
we referred in last year’s report has yet to be implemented and we still see children placed with strangers
rather than across county lines with family. This problem must be addressed now.
CPS Investigations
Response Times: OCA identified far too many cases again this year where the incorrect response
time in which to initiate an investigation was assigned by DFCS. In one tragic case, a five-day response
time was incorrectly assigned to a case involving possible physical abuse of a four-year-old child. Less
than one month later, the child was dead. It is important to note that DFCS bears no responsibility for the
actions of this child’s caretakers that may have led to his death. The agency also lacked critical information
possessed by medical providers and necessary to make a proper assessment of his safety. However, an
error such as this in assigning an incorrect response time dramatically demonstrates why it is so important
to get it right when hours count. This is a critical error and needs attention. A timely response is a must if
DFCS is to make appropriate case determinations. Too often, if response times are not met, valuable
evidence is lost thereby resulting in bad case outcomes.
Coupled with the problem of assigning the incorrect response time, OCA too often found that
response times as assigned are notmet.2 Failure to meetthe assigned response time clearly had a direct
correlation to the caseload ofthe workers. For example, in February 2004, two children died in a house fire
after their parents left them unattended at home. The family was the subjectofat leastfive CPS referrals in
two counties. In the most two recentreports preceding the children’s deaths, response times were notmet,
nor were collateral contacts made as required by policy. At the time of the children’s deaths, the assigned
2 OCA investigators did differentiate between cases where multiple attempts were made by caseworkers in
meeting the response time assigned and cases where no attempts were made by the DFCS investigators.
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worker had eighty-six (86) cases assigned to her for investigation while forty-six (46) of these were more
than 30-days pastdue. It is completely unjustifiable to fail to make contact and ensure the safety of children
who are the subjects of abuse reports. OCA is very pleased to report that a strong focus on reducing
caseloads seems to be working in many counties. However, as noted above, a shift in focus to the
counties affected so strongly by the METH crisis will be necessary to reduce the caseloads in those
counties as well.
Investigative Contacts: The safety and wellbeing of the children who are the subject of child
maltreatment reports to DFCS must be paramount. The bestway to ensure the safety of children is to see
them and have substantive contacts with them. There is no better way to learn about their family. For
example, in one Atlanta-area case, the mother had extensive history with the Department and provided
current contact information for a number of family members familiar with her situation. Nevertheless, only
one contact was made and once made, there was no further follow-up to appropriately investigate all
circumstances alleged to be in issue. The investigation ofchild maltreatment of any kind must be thorough
and complete and the OCA determined in many cases that the necessary investigative contacts were not
made. In others, the documentation in the file to supportthe case finding was inadequate. Too many times
the necessary contacts with children at risk were not made in a manner consistent with ensuring the child’s
safety. In a Southwest Georgia case, a child victim of physical abuse was not interviewed within the
appropriate response time apparently because he was not physically present in that county. However, at
no time during the initial assessment did the investigator request a courtesy visit and interview of the child
by the county DFCS where the child was located. Such a visit might have prevented the child’s entry into
foster care because he was staying with a caring relative at the time the referral was received.
Timely Completion of Investigations: DFCS must prioritize the timely completion of all
investigations. With the reduction of caseloads, the failure to complete investigations within the allotted
time should become less prevalent, but during this review period, DFCS continued to have investigations
which extended beyond the thirty days allowed and no waiver for such was in the file. For example, in one
North Georgia case involving allegations ofneglectand sexual abuse, the investigation spanned more than
3 months before it was ultimately completed and approved by a supervisor. In another case from the
Atlanta area, a referral of possible physical abuse was received and an investigation began. However, the
case record demonstrates that the investigation abruptly stopped after only a few weeks and was not
resumed until over five months later. Taking too long to complete an investigation is difficult for everyone
involved. Stress within the family under investigation also has the potential to increase because of the
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scrutiny from the agency. Time frames are very important and great effort should be extended to
completing an investigation in a timely manner. OCA is pleased to report that DFCS has put forth a
concerted effortto reduce the number of case extending beyond the allowable investigative period and the
numbers now reflect a significant drop in case investigations lasting more than sixty days.
Safety Assessments/Plans: Assessing safety of a child within the family and the resulting
developmentofSafety Plans continued to be an issue of great concern in too many cases investigated by
OCA. Not only were OCA investigators concerned with the number of serious safety issues missed during
the assessment, but they were also troubled by the number of identified safety issues that went
unaddressed in the developmentofa safety plan. Some cases simply had no assessmentor safety plan in
the file. OCA saw little to no change in this area from the concerns raised in previous reports. In one East
Georgia community, DFCS received multiple referrals of a parent’s long-term drug abuse. Once
substantiated, no safety assessmentwas ever completed in a case whose facts strongly suggested that a
small child was potentially at significant risk of harm. Again we must stress that this issue is at the very
core ofthe responsibilities assigned to case managers. A case manager must be able to ascertain safety
issues when conducting an investigation and must be able to develop an appropriate safety plan which
addresses each and every safety concern identified and which will likely result in safety for the child. Much
work remains to be done in training the DFCS workforce in this responsibility. Supervisors should always
have an active role in the approval of each plan and the state needs to give serious consideration to
immediate and intensive training on ensuring and promoting safety within the family.
Ongoing
Contacts with children and families: In ongoing cases, children remain in their homes with
caregivers after a substantiated allegation of abuse or neglect. They do so while their parents work to
achieve the goals and objectives of the safety plan. In order to ensure the safety of children in these
homes, it is absolutely mandatory that our case workers regularly visit them. These must be substantive
and related to the issues for which the case is opened. In many cases, OCA noted months with no visits or
contacts with the family at all. For example, in one suburban Atlanta county, no contacts were made for
several months during the life of an ongoing case despite its rating as “high risk” to the child because of the
caretakers’ history of drug abuse. There is simply no other way to adequately assure child safety than to
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routinely and frequently observe the child and family.
Collateral Contacts: Collateral contacts with persons having knowledge of children and families
are necessary in order to obtain a complete and objective assessment of child safety. These contacts are
not always made on a consistent basis and can result in children unnecessarily entering foster care. For
example, in one Middle Georgia case, a child was brought into care upon a worker’s indication that the
mother was not following her safety plan which required an assessmentand treatment for the child’s sexual
abuse. Contacts made by OCA with the treating medical provider confirmed that the mother had indeed
followed all recommendations of the provider and safety plan. OCA furnished this information to the Court
at the seventy-two hour hearing and the child was returned to his mother that day.
Foster Care
Visits: Visitation is an important tool in assessing the parents’ commitment to achieving the case
plan goals and reestablishing a positive relationship with children exposed to abuse and neglect. In
addition, regular face-to-face contact with children and their foster parents is critical to ensuring that the
children’s needs are metand in promoting positive relationships between DFCS and its foster parents. Far
too often, these visits did notoccur, often presumably due to caseload limitations, butwhich is no excuse to
children whose lives remain characterized by uncertainty until their cases are resolved.
Court Orders: Maintaining copies of current court orders in the DFCS files seems to be a
continuing problem. Many case records were found to have expired court orders or no court orders at
all. While it is understandable that there could be some delay in receiving these orders from the court,
there should always be detailed documentation in the DFCS file as to what happened at the court hearing.
Far too often this is not happening, leaving gaps in the case documentation and history of the case.
Case Plans: Timely case plan development and participation by families in the process was once
again an area of concern albeitin fewer cases than the last reportperiod. For example, in one Atlanta-area
case, several children were removed from their mother’s care due to allegations of neglect. However, the
mother did not even receive a case plan from DFCS for more than two months after the children entered
foster care. It is unacceptable that any parent of a child in foster care would be denied the only roadmap to
being reunified with them. While the Case Plan Reporting System is being used by more caseworkers than
in years past but OCA staff still found many case plans to be inconsistent with the findings of the
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investigation and the issues leading to the removal of the children from the home. Without a case plan
which adequately addresses the parenting issues,many ofthe parents are left without a true understanding
of the expectations they must meet in order to have their children returned home.
Sibling Placements: OCA also found that DFCS failed to place siblings together in a substantial
number of cases and failed to document any concerted efforts to place them together. To make matters
worse, the case managers often failed to ensure that sibling visits occurred on a regular basis. This is
unacceptable and should be a priority of the case manager when siblings cannot be placed in the same
home. Their siblings may very well be the only biological tie some ofthese children maintain. The practice
of separating siblings should not be common place and should be avoided at all cost.
Appropriate and Stable Placements: Georgia remains in critical need ofmore family foster homes.
Despite the passage of the Foster Parents’ Bill of Rights, relationships between foster parents and DFCS
are too often not maintained at a partnership level. We continued to see cases where children were in basic
level foster care when it was clear that a higher level of care was warranted to meet the needs of the child.
OCA saw too many children suffer through multiple placements because no one took responsibility to
assure that the placement was appropriate and addressed the needs identified through the assessment
process. Most often this failure was in the area of mental health needs going unaddressed. Again, OCA
investigators were disturbed when case managers actually acknowledged not reviewing the
recommendations in the assessment documentation. If the professional services for which the state pays
are not going to be used then itis a complete and utter waste of the state and taxpayer’s money. How can
DFCS meet the needs of children and families if they never take the time to learn what they are? In one
Northeast Georgia case, a 3 year-old-child had been placed in a group home for medically fragile children
for mostof his young life, at great expense to the State and taxpayers. However, OCA’s investigation into
this child’s circumstances and interviews with his medical providers clearly indicated that he was sufficiently
medically stable to be placed in a more family-like setting and in fact would make greater strides in a home
with a real family. In this case, no one from DFCS had ever contacted the physician coordinating the child’s
treatment for progress reports. They relied solely on information provided by the group home. OCA is
proud to report that this little boy has since been adopted and is now thriving with his permanent family.
Moreover, while the overwhelming majority offoster parents do an exemplary job in providing love
and care to our state’s neediest children with little reward, circumstances do arise in which the quality of
foster homes is called into question. In such cases, it is incumbent upon the Department to respond in a
manner that ensures we do not cause further harm to already victimized children. In one West Georgia
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case, DFCS received allegations ofphysical discipline in a foster home involving a three-year-old child. For
nearly one year and to no avail, OCA attempted to ensure that these allegations were appropriately
investigated and resolved. This case demonstrates the need to have independentreview ofsuch situations
rather than leaving responsibility with the agency already facing a shortage of homes and reluctant to lose
even one of them.
Services: OCA is pleased to acknowledge a concerted effort on the part of DHR’s Division of
Mental Health, Developmental Disabilities, and Addictive Diseases (“MHDDAD”) to begin to address much
needed improvements. Children in need ofservices from MHDDAD have often not received them. These
include DFCS foster children and families. Services have been fragmented, inconsistent, difficult to
access, and in some instances, non-existent. In the course of one OCA investigation in a North Atlanta
county, the Department readily acknowledged that it had failed to provide services to a mentally disabled
boy because his case was not an immediate crisis demanding prompt attention. MHDDAD has taken a
number of steps aimed at improving children’s access to mental health services. These steps include:
 17% of new developmental disability waivers were set aside for children;
 Core services have been defined that are available across the state, to include
assessment, medication services, case management, and outpatient treatment; and
 The first child and adolescent crisis stabilization program in the state was developed and
opened in Savannah.
Developmentofa comprehensive,coordinated behavioral health system ofcare for children is one
of the higheststated priorities for MHDDAD. Georgia is one ofseven states that received a federal grant to
build capacity to deliver mental health services to children and youth. Through the leadership of
Gwendolyn Skinner, MHDDAD has committed to expanding capacity for crisis stabilization, and will have
both mobile and residential units available; to increase the provision of intensive family intervention
services to enable children to remain in their homes and communities; to continue to set aside
developmental disability waivers specifically for children; and to increase the number of providers across
the state to better meet the varied treatment needs of children and their families.
Permanency: Children need safe and permanent homes as quickly as possible so that
they do not languish in an already overloaded foster care system that does not
adequately meet their needs. In one rural Georgia case, a child’s relatives in Florida
were more than happy to accept him into their home and were approved for
placement. Due to numerous bureaucratic errors here in Georgia, both at the State
and local levels, the child spent an additional and unnecessary 6 months in foster
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care after the relative’s home was approved. This is a tragic circumstance that
should never have happened.
In an urban area case, a small child spent more than two years in foster care
because the agency admittedly failed to make appropriate efforts to secure
permanency for her, particularly given the mother’s lengthy history of substance
abuse and severe neglect. The child entered care, was subsequently returned to her
mother, and later re-entered care due to the same issues as before. Over an
extended time, the child moved from foster home to foster home while her case
remained mired in the system without appropriate regard for her critical need for
stability. The negative consequences to children who spend too much time in foster
care are far reaching. Research demonstrates that children who grow up in foster
care are less likely to graduate from high school and are at significantly greater risk
of juvenile delinquency, adult criminality, homelessness, and public dependency as
adults. We owe our children an opportunity for a far brighter future. Priority must
be given to ensuring compliance with existing federal and state mandates to achieve
more timely permanency for our children.
State DFCS Death and Serious Injury Review Committee
OCA welcomed the invitation to participate in the State DFCS Death and Serious Injury Review
Committee again this year. This committee is an internal review team formed by the Social Services
Section Director and is comprised ofDFCS Social Services staff as well as staff from other invited agencies
such as the DHR Communications Office, the Office of the Child Advocate and the State Office of Child
Fatality Review. The team meets regularly to conduct first level reviews of all child deaths or serious
injuries occurring to children who are known to DFCS. The state office review process consists of up to
three reviews. The first level review considers information furnished on the Child Death/Serious Injury
Report form and any additional information obtained from the county since the death or injury, but prior to
the review. Second and third level reviews may be requested and conducted based on the findings of the
initial review. During these reviews, consideration is given to policy and procedure compliance by the
county while working with the family as well as identifying procedures the county can implement to improve
protective practices. A member ofthe OCA Investigative Unit attends each of these reviews to serve as the
liaison with the State DFCS Office.
Audits
OCA’s investigations program also includes unannounced on-site audits of DFCS operations in
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selected counties. These audits were conducted in addition to the investigation of the individual case
complaints received by OCA in FY 2005. OCA conducts these audits in order to more aggressively pursue
our mission to enhance the protection of the state’s children by taking a closer examination of local DFCS’
services to children and families.
The following are summaries of five such audits completed by OCA in FY 2005. The full text of
each of the reports can be found on our website at www.gachildadvocate.org. The counties selected for
these audits were chosen either because OCA received a large volume of complaints in these counties or
because the complaints received were ofsuch a nature or severity that they warranted closer inspection by
OCA.
The scope ofeach auditwas tailored, where possible,to the nature of the concerns noted by OCA
and included a review of randomly selected Child Protective Services (CPS) case files and/or foster care
placementcase files. In addition to the case file audits, OCA also sought to interview community partners
such as juvenile court judges, foster parents, law enforcement, district attorneys, child advocates, and
others in order to assess their perceptions of local DFCS responsiveness to the needs of children and
families in their communities.
Spalding County
OCA undertook an audit of Spalding County in November, 2004. In this review, OCA examined
twenty (20) child protective services (CPS) cases and sixteen (16) foster care/placement cases. Finally, in
addition to case file reviews, OCA also conducted stakeholder interviews that included Spalding County
DFCS staff, juvenile courtpersonnel, foster parents, child advocates,and law enforcement, in order to gain
their individual perspectives on DFCS’ performance and to seek their suggestions for improvement.
Strengths
Foster care/placementachieved a success rate ofeighty percent(80%) or higher in seventeen (17)
of eighteen (18) areas of inquiry. These results are particularly strong, given that the staff is able to
achieve them despite phenomenal turnover within the agency. In addition, stakeholders in Spalding County
unanimously expressed positive working relationships with Spalding DFCS and praised their ability to serve
the needs of children and families in the community, despite significant workforce challenges, particularly
staff turnover. Stakeholders particularly expressed confidence in the County Director and management
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team at DFCS. Concerns and issues that arise are dealt with in a professional manner.
Weaknesses
Child Protective Services (CPS) fared poorly in our review, achieving a success rate of eighty
percent (80%) or higher in only four (4) of twenty-four (24) areas of inquiry. This finding is especially
troublesome, butnotsurprising, given thatfifty-eight percent(58%) of Spalding DFCS’ workforce had been
with the agency for less than one year and many for only a few months at the time of our review. Perhaps
most worrisome was that face-to-face contact with child victims within the correct response time was only
achieved in fifty percent (50%) of the cases we reviewed. Just as serious, OCA could not support case
determination decisions with the documented evidence in DFCS’ records in over thirty percent (30%) of
cases. Our findings also reflect a troubling lack of oversight in these cases because nearly an identical
percentage of them lacked documented discussion with the workers’ supervisors. OCA cannot overstate
the risk to children where a workforce as inexperienced as Spalding’s is notexercising exceptionally strong
oversight of its frontline staff.
Spalding DFCS’ ongoing services unitalso performed poorly, with only one (1) of nine (9) areas of
inquiry having a success rate of eighty percent (80%) or higher. Most troubling was that required contacts
with children, caretakers, and collateral sources were missed more often than not. Such a finding is
particularly worrisome because the children in these cases remain in the homes of their caretakers who
were the subjectofa child abuse or neglectreferral, but who the Department believes can safely remain at
home with appropriate services. There is simply no way to ensure child safety without observing them on a
routine and frequent basis.
Cobb County
OCA undertook this audit in December, 2004. OCA’s inquiry into Cobb County DFCS’ placement
operations was specific in focus and scope. OCA’s auditwas prompted because we received a number of
complaints indicating that children were spending unreasonable lengths of time in foster care awaiting
resolution of their court cases. OCA’s investigation was narrowly tailored to assess this expressed
concern. The focus of our audit was therefore on those cases involving children who had been in foster
care for more than one year, including those where termination of parental rights and adoption was the
stated permanency plan, but had not yet resulted in a hearing on a filed termination petition.
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With this focus in mind, thirty (30) DFCS placement case records were identified for review. Our
review included eighteen specific areas ofinquiry, ofwhich timely achievementofpermanency was but one
part. In addition, OCA also undertook a review of twenty-two (22) companion court files to the DFCS
records reviewed. In this regard, OCA soughtto identify, wherever possible, the reasons for any delays or
continuances, particularly in cases involving termination of parental rights.
Finally, in addition to case file reviews, OCA also conducted stakeholder interviews that included
Cobb County DFCS staff, juvenile courtpersonnel, foster parents, child advocates,and law enforcement, in
order to gain their individual perspectives on DFCS’ performance and to seek their suggestions for
improvement.
Strengths
Cobb County DFCS has much of which to be proud. OCA’s findings in seventeen of eighteen
specific areas ofinquiry overwhelmingly demonstrate that Cobb DFCS is doing a good job on behalf of the
children and families it serves. These findings were confirmed in OCA interviews with community partners
who uniformly expressed confidence in the agency and its staff and who also expressed strong praise for
the agency’s commitment to the protection of children and responsiveness to their needs.
OCA believes that Cobb DFCS management team and staff are able to achieve these strong
results in large part because, while higher than Child Welfare League of America suggested caseload
limits, Cobb placementcaseloads average approximately 20 and are fairly manageable, according to data
provided by the agency. These reasonable caseloads bear a direct relationship to the relatively low
turnover and significant level of experience found within the agency, currently an average of 5.3 years.
This level of experience instills stakeholders with faith in the agency. Cobb’s relatively stable workforce
also resulted in a positive showing of2.4 workers per placement case, and while imperfect, is significantly
lower than other counties of comparable size.
Weaknesses
In appropriate cases, DFCS files petitions to terminate parental rights in accordance with federal
and state law. However, this finding alone does not ensure that children receive permanent resolution of
their cases on a timely basis. All facets ofthe child protection system, including the judicial branch, and the
attorneys who represent the parties and children, must work in concert with appropriate priority given to
termination cases ifCobb County’s children are not to languish unnecessarily in foster care for lengthy time
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periods.
As previously mentioned, OCA undertook a review ofcompanion courtrecords in 22 cases in order
to ascertain, wherever possible, the reasons for delays and continuances in the cases reviewed. We
identified a total of fifty-two (52) continuances in these cases. Forty percent (40%) of these continuances
could be attributed to attorney conflicts in other courts or the attorneys noted as “not present” at the call of
the case. Another thirty-seven percent(37%) were continued for an unknown reason that could not readily
be identified in the court record, while another fifteen percent(15%) were continued because ofthe juvenile
court judge had been called to hear other matters in superior court.
OCA identified at least 8 cases in our sample of 22 that had been continued 3 or more times,
including four of which had been continued 5, 6, 8, and 9 times, respectively. Four cases involved
termination of parental rights petitions that have been pending for more than one year and have been
continued for a variety of reasons. One case involved a termination of parental rights petition pending
since June 2004 that has been held in abeyance until criminal charges against the child’s parents are
resolved. The parents are charged with the murder of one of their children. The delays in these particular
cases are unconscionable. Our system has utterly failed these children whose futures hang in the balance
because of calendar conflicts and other reasons.
While OCA acknowledges that no court rules currently exist to establish priority for juvenile court
matters in resolving attorney conflicts, OCA, in the strongest terms possible, recommends immediate
attention to this issue by adoption of a rule change that, at the least, would establish priority for termination
of parental rights cases in nearly all circumstances except those involving a capital criminal trial and/or
demand for a speedy trial. In addition, nearly any judicial conflictcould be avoided if Cobb’s juvenile court
judges were simply permitted to dedicate all of their time to juvenile court matters.
As expressed to OCA by the juvenile court, each of Cobb County’s four juvenile court judges must
committo nine weeks’ service on the Superior Court bench each calendar year, and that since the former
CASA volunteers’ complaints became public, the juvenile court judges are no longer being “called up” to
Superior Court on a moment’s notice for additional service beyond the required nine weeks. OCA
maintains great concern that thirty-six (36) weeks of juvenile court judges’ time is lost to the children and
families involved in juvenile court matters and cannot begin to quantify or calculate the potential harm that
may be caused by this practice. OCA cannothelp but conclude thatjuvenile courtmatters of all kinds could
be resolved more expeditiously if Cobb County truly had four juvenile court judges on the bench hearing
juvenile court cases year-round.
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Polk County
OCA’s investigation into Polk County DFCS’ occurred in May, 2005 and was substantial in scope.
Fifty (50) cases were identified for review, including twenty-five (25) CPS cases and twenty-five (25)
placementcases. In addition to case file reviews, OCA also conducted stakeholder interviews that included
Polk County DFCS staff, juvenile court personnel, educators, foster parents, child advocates, and law
enforcement, in order to gain their individual perspectives on DFCS’ performance and to seek their
suggestions for improvement.
Strengths
Overall, OCA identified concerns in 56% of the cases selected for review in Child Protective
Services, including both investigations and ongoing services. However, CPS investigations performed
significantly better than did ongoing services. Within CPS investigations, Polk County achieved a success
rate of eighty percent (80%) or higher in fourteen (14) of fifteen (15) areas of inquiry. This finding is
particularly impressive given its workforce challenges discussed below. In placement, OCA was pleased to
note strong agency performance in achieving timely permanency for its children in foster care and
adherence to state and federal laws in this area.
Weaknesses
Of immediate and serious concern to OCA is that 67% or sixteen (16) of twenty-four (24) case
managers for whom hire dates could be ascertained had been employed by the Department for two years
or less at the time of our review, including seven (7) of the same twenty-four (24) who have been with the
Department for one year or less. Stakeholders uniformly expressed concern about the turnover and
resulting lack of experience of the Polk DFCS workforce. According to data provided by Polk DFCS,
caseloads remain exceedingly high and average approximately twenty-nine per worker. This average, for
both CPS and placement combined, far exceeds Child Welfare League of America standards and has
adversely impacted the Department’s ability to best serve the children and families of Polk County.
At the time of OCA’s review, IDS data indicated that forty-seven (47) of two-hundred forty nine
(249) or 19% percentofCPS investigations were pastdue, including over seven (7) percentthat were 60 or
more days past due. These results leave potentially vulnerable children in harm’s way while investigative
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decisions are delayed. More recently, the agency reported thatit is now more adequately staffed with fewer
vacancies than had been the case and that it is redoubling its efforts to retain personnel after a period of
time characterized by severe staffshortages and having to prioritize its workload according to the degree of
risk associated with each child and family’s case. Nevertheless, like many rural Georgia counties, Polk
County is facing a surge in reports associated with parental methamphetamine abuse. The county is ill-
equipped in its current staffing allocation to face this crisis.
Ongoing CPS performed poorly in several key areas and warranted prompt attention – particularly
in the area ofmaintaining ongoing contacts with children, parents, and collateral sources. These indicators
are especially crucial to the Department’s ability to adequately assure the safety of children identified to it
as being at risk. In the foster care unit, OCA identified concerns in 76% of the placement cases selected
for review. Mostsignificantly, while the Department is doing a good job ofproviding appropriate services to
children and families in many cases, it is not consistently making the required contacts with children and
foster parents in 40% of cases. The Department must do a better job of monitoring the children in its care
and can only do so by having face-to-face contacts with them.
Fulton County
OCA’s investigation into Fulton County DFCS’ operations occurred over a several months-long
period during the summer of 2005 in three separate phases due to the scope and size of the audit. In
total, three hundred seventeen (317) cases were reviewed. These included one hundred twenty-one (121)
active CPS investigations and thirty-nine (39) closed CPS investigations. Our review also included ninety-
seven (97) placementand sixty (60) diverted cases. In addition to case file reviews, OCA also conducted
stakeholder interviews that included Fulton County DFCS staff, juvenile court personnel, foster parents,
child advocates, and members of the law enforcement community in order to gain their individual
perspectives on DFCS’ performance and to seek their suggestions for improvement.
OCA’s review began at a time in which the Kenny A. lawsuit remained unresolved, although
negotiations were rapidly proceeding toward settlementon the issues pending againstthe State. Since the
filing ofthe lawsuit, an unprecedented amountoftime, energy, and resources have been directed at Fulton
County DFCS, and in particular to its placement unit, so as to prepare for the terms of the final consent
decree and position the agency with its best foot forward to fulfill the terms of that agreement.
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Strengths
Overall, OCA was pleased to find that, according to information provided by the agency, the
average length of experience of a DFCS caseworker is approximately 4.4 years. However, this average
was skewed in partbecause ofthe great longevity ofa few staff members, while over forty percent(40%) of
workers at Fulton DFCS had been employed by the Department for less than 2 years at the time of OCA’s
review. Fulton DFCS and its stakeholders alike uniformly expressed concern about the agency’s turnover
and resulting lack of experience.
Within CPS investigations, the Department is doing a good job ofidentifying correctresponse times
and checking CPS history when it receives referrals alleging abuse and neglect. In addition, the
Department is also responding appropriately to subsequent referrals once it maintains prior history with a
family. Within placement, the Department is doing nearly all that it can to ensure timely permanency for the
children in its care. Compliance rates exceeding 95% with the Adoption and Safe Families Act’s
requirement to file termination of parental rights petitions after 15 months is excellent. In addition, the
Department is doing an excellent job of providing appropriate services to children and families in the vast
majority of cases, while it is also making very strong efforts to maintain familial connections for children
through exploration of relative placements and efforts to place siblings together whenever possible.
Weaknesses
The Department’s efforts to make appropriate and timely contacts in the course ofits investigations
were observed to be inconsistent. While doing well in the areas of seeing children away from their alleged
maltreaters, observing non-victim children, and conducting face-to-face interviews with parents and
caretakers, it fared poorly in making the required face-to-face contacts with child victims within the correct
response times. OCA acknowledges that at least some of these cases included those that were part of a
backlog ofcases thatwere “administratively closed” and had been seriously past-due at the time they were
ultimately acted upon. Nevertheless, our review indicated that in many of the cases in which the required
response time for making contact with children was not met, it was missed in increments of days and
sometimes weeks.
For a variety of reasons, Fulton DFCS was laboring under a substantial backlog of hundreds of
cases awaiting CPS investigation and determination at the time leading up to OCA’s review. Some of
these cases had been pending for more than one month. The backlog was so great that the Department
sought and received additional resources to address this situation with approved overtime compensation
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for staff and outside assistance. As a resultofthis sustained effort, the backlog was indeed reduced to only
twenty-seven (27) at the time of OCA’s review. However, OCA identified too many cases closed due to
what was termed “acceptable risk reduction” without substantial evidence of any such reduction or action
by the agency to address the concerns that brought the family to the attention of DFCS in the first instance.
At the same time that Fulton DFCS is making great strides in its efforts to achieve timely
permanency for the children in its care, its relatively poor showing in the area of possessing court orders,
OCA believes, is demonstrative of the larger issue of Special Assistant Attorney General (SAAG)
representation in Fulton County. While some of its attorneys are quite responsive to the agency’s needs,
others are not and the juvenile court is demonstrating leadership in this area by pressing for timely
compliance in the completion of its orders.
Diversion Cases
Under the leadership of DHR Commissioner Walker, DFCS has endeavored to “control its front
door” to ensure that it accepts for investigation only those cases alleging genuine abuse or neglect of
children. Under this framework, DFCS may refer families notmeeting this threshold testto other public and
private agencies for services, such as housing, mental health services, and the like. DHR calls this process
“diversion.”
OCA reviewed sixty of these “diverted” cases, primarily reviewing the initial decision to divert the
family away from DFCS, and whether appropriate action was taken by the agency. It is important to note
that the agency has not formally adopted written criteria to guide the decision to divert cases, and thus
OCA’s findings reflect our judgment and opinion, about which others may differ.
Overall, there is fairly good news to report. A number of diversion cases were appropriately
“closed” as diversion cases and re-opened for CPS investigation and/or DFCS services. In these cases, a
diversion worker likely visited the children and families, determined that the circumstances warranted
greater inquiry and investigation by the agency for possible abuse or neglect, and then referred the case to
child protective services for closer examination.
In OCA’s judgment, forty-three (43) of the sixty (60) or nearly 72% of the diverted cases reviewed
were believed to be appropriate for diversion or were appropriately referred within the agency for further
investigation. However, of the remaining seventeen (17) cases deemed by OCA to be inappropriate for
diversion either because the referral on its face suggested possible abuse/neglect or documented contact
with the family suggested that further investigation was warranted, nine (9) of these or 53% were
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determined by OCA to warrant prompt agency intervention.
OCA concludes thatwhile the diversion program maintains promise as a means by which to reduce
the number of children and families unnecessarily becoming involved with our child protection system, the
agency must remain vigilant in its monitoring of the program to ensure that children do not fail to enter the
system when they should and must. In addition, OCA recommends that the state DFCS office adopt
guidelines and criteria to guide the determination of whether a case is diverted so that uniform standards
are applied statewide.
Bibb County
OCA undertook an audit of Bibb County DFCS in June, 2005. In this review, OCA examined forty-
eight (48) child protective services (CPS) cases and thirty-five (35) foster care/placement cases. In
addition to case file reviews, OCA also conducted stakeholder interviews that included Bibb County DFCS
staff, juvenile court personnel, foster parents, child advocates, and law enforcement, in order to gain their
individual perspectives on DFCS’ performance and to seek their suggestions for improvement.
Strengths
In CPS, the agency excelled in identifying correct response times to allegations of abuse and
neglect and also in documenting its review of prior history and appropriate databases for required
background information. In addition, Bibb DFCS is doing well in interviewing non-victim children while also
staffing its cases with management. These are positive findings that reflect well of the agency when it is
first presented with allegations of child abuse and neglect.
Within foster care/placement, OCA was especially pleased to find that the agency performed
notably well in several key areas, including making required contacts with foster children and in providing
appropriate educational, medical/dental, and mental health services to the children in its care. In addition,
Bibb DFCS fared quite well in seeking out relative placement resources for children and in facilitating
contacts between children and their birth families so as to maintain continuity in their relationships.
In addition, stakeholders in Bibb County unanimously expressed positive working relationships with
Bibb DFCS and praised their ability to serve the needs ofchildren and families in the community while also
recognizing the difficulty ofthe agency’s work. Stakeholders particularly expressed appreciation for good
communication with the agency and the responsiveness of its staff to questions and concerns.
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Weaknesses
According to data reported by Bibb DFCS, the average caseload size per worker is thirteen (13).
With relatively low caseloads such as these, OCA anticipated stronger performance by the agency in other
key areas. Overall, CPS achieved a success rate of eighty percent (80%) or higher in only ten (10) of
twenty-three (23) or forty-three percent (43%) areas of inquiry. In twenty-seven (27%) of cases, face-to-
face contacts with child victims were notmade within correctresponse times while more than thirty percent
(30%) of children were not interviewed in a setting away from their alleged maltreaters. In ongoing CPS,
critical contacts with children, parents, and relevant collateral sources were also missed more than thirty
percent (30%) of the time.
Overall, foster care achieved an eighty percent(80%) success rate in only ten (10) of eighteen (18)
or fifty-six percent(56%) areas of inquiry while Bibb County’s foster children are paying a steep price by not
achieving permanency as they should. Court orders were lacking in thirty-seven percent (37%) of case
records that also lacked evidence that the agency is making reasonable efforts to finalize permanency
plans and is filing petitions to terminate parental rights in appropriate cases as required by federal and state
laws. OCA strongly recommends an intensive review ofcases involving children who have been in DFCS’
custody for a year or more to ensure that meaningful and sustained progress is made to bring the child’s
case to a permanent conclusion.
ADVOCACY
In the course of OCA investigations and audits, we identify critical areas where we focus our
attention on both policy and legislative advocacy. As indicated below, necessary improvements rest not
only on DFCS, but on the entire system established to protect our children from abuse and neglect. In FY
2005, OCA achieved mixed results in our Advocacy program, with notable success in the most recent
session ofthe General Assembly, but not in advocating for policy improvements within the DFCS system.
Termination of Parental Rights – House Bill 195
As observed in the course ofOCA case investigations and audits, some ofGeorgia’s children were
waiting unreasonable lengths of time for the juvenile courts to determine their fates and sometimes
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languished in foster care for years without ever achieving permanency. Prior to the 2005 legislative
session, Georgia law permitted up to one year’s time to pass between the filing of a termination of rights
petition and a final decision by the courts on the issue.
In the 2005 session ofthe General Assembly, OCA was the lead agency advocating for passage of
House Bill 195. House Bill 195 dramatically reduces the time between the filing of a termination of parental
rights petition and a final court decision on the matter. Signed into law by Governor Perdue on May 2,
2005, H.B. 195 now requires juvenile courts to hear these cases within ninety days of the filing of a petition
and to render a decision within thirty days of the conclusion of the hearing.
As a result of the bill’s passage, the allowable time foster children await a determination on their
futures has been reduced by one-third. H.B. 195 offers these children the promise of a permanent home
with a family more quickly so that they do not continue to languish in foster care. If the judge agrees to
terminate parental rights, the child is then legally free for adoption and can begin the adoptive process.
OCA expresses gratitude and appreciation to Representative Barry Fleming for his leadership on H.B. 195.
Guardian Ad Litem Training – House Bill 212
Since its enactment in 1974, the federal Child Abuse and Prevention Treatment Act (CAPTA) has
required appointmentofa Guardian Ad Litem (GAL) in “every case involving an abused or neglected child
which results in a judicial proceeding.” The GAL can be “an attorney or a court-appointed special advocate,
or both.”
CAPTA, as amended in 2003, specifies that, in order for states to be eligible for a CAPTA state
grant, there must be a certification by the Chief Executive Officer of the State that the State has in effect
and is enforcing a state law, or has in effect and is operating a statewide program, that ensures every
abused or neglected child is appointed a GAL who has received pre-appointment training appropriate to
their role.
Volunteer curricula developed by the National CASA Association provide a model for training of
CASA volunteers before they are appointed to represent the best interests of individual children. Georgia
CASA has adapted the National CASA new volunteer training curriculum for lay GALs so that it is
consistent with both federal and state child deprivation law and practice.
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To fulfill CAPTA’s new training mandate for attorney GALs, OCA successfully advocated for
passage of House Bill 212 in the 2005 session of the General Assembly. H.B. 212 codifies CAPTA’s
requirementofappropriate pre-appointmenttraining for GALs. H.B. 212 also enables OCA to administer a
training model that can be adapted for statewide usage, while also offering local courts the flexibility to
create their own training curriculum, so long as itcontains the essential elements identified by the American
Bar Association and National Association of Counsel for Children as critical subject areas. OCA is very
appreciative of Representative Judy Manning’s leadership and efforts on H.B. 212.
Foster Child Education Grant – House Bill 272
In the 2002 legislative session, the General Assembly created the Foster Child Education Grant
with a $260,000 appropriation in the Fiscal Year 2003 budget. The Grant provides financial assistance to
older foster youth who would otherwise have limited or no access to post-secondary education resources.
Young people who have grown up in Georgia’s foster care system have often endured multiple residential
placements, and in these moves often change schools, sometimes several times in a school year. These
same students sometimes lose academic credits in this process, thereby delaying their high school
graduation and entry into college and technical school.
Prior to the Grant’s creation, DFCS provided significantfinancial assistance with college expenses
to our foster youth, but that assistance ended at age twenty-one: the very age that many of our young
people are justbeginning their post-secondary academic careers, not completing them as many traditional
students do. As created, the Grant provides payment for tuition, room and board, books and fees not
otherwise covered by the federal Pell Grant or Hope Scholarship, and continues payment as long as the
student makes satisfactory progress toward their degree – through twenty-five.
Signed by into law by Governor Perdue on May 2, 2005, House Bill 272 codifies the Foster Care
Education Grant and thereby re-affirms Georgia’s commitment to caring for the children for whom it has
served as parent and assures them a greater chance of successfully transitioning into mainstream society
without ever being system dependent again. OCA expresses sincere gratitude to Representative Bill
Hembree for his leadership and support for H.B. 272.
Medically Fragile Children
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Although medically fragile children comprise only a very small percentage of the children in foster
care, they deserve the same opportunity to grow and thrive in a loving family-like setting as do all children.
Sadly, that does notoccur for some ofour mosttruly needy children with acute medical conditions requiring
twenty-four hour monitoring and supervision. In some cases, these children languish in group home
facilities for a year or more awaiting transition to a real foster or adoptive family. Clearly, more familie s
trained and equipped to care for this special population are needed. However, the state must also ensure
that children in such environments do not remain in them any longer than is medically necessary and at
great expense to the state.
For more than one year, OCA has been advocating for a policy that would require DFCS case
managers to maintain quarterly contact with a medically fragile child’s primary care physician in order to
obtain accurate and first-hand information aboutthe child’s medical needs, progress, and the advisability of
transitioning the child to an appropriate family environment. OCA provided a suggested draft policy to
DFCS to facilitate this change within the agency. Despite our best and sustained efforts and no apparent
opposition from DFCS, no such policy has been adopted. OCA encourages policymakers to urge DFCS to
ratify a policy to ensure that our medically fragile children enjoy the same opportunity to grow up in a loving
family that we want for our own children.
Cross-County Home Evaluations
Children entering foster care are in crisis. They have been separated from their parents and
perhaps siblings and school. Anything and anyone familiar to them are gone and no one knows for how
long. In such terrible circumstances, if ready, willing, and able relatives step forward to care for the
children, we must do everything possible to facilitate a child’s speedy placement with that relative who is a
familiar face in a sea of strangers. OCA commends the agency for placing great and appropriate emphasis
on increasing the numbers of children placed with relatives; however, a significant barrier remains in the
case of relatives who happen to live in a different county than that of the county DFCS which placed the
child in foster care.
In some instances, the receiving county will act quickly to
approve relative placements or will authorize the placing county
to cross county lines and conduct its own relative home
evaluation in order to expedite placement. However, in far too
many counties, relatives are forced to wait weeks or even months
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for their home to be approved by the receiving county. The
receiving county simply has no incentive to approve the relative
because they will be forced to supervise the placement and
increase their own caseloads. State level leadership is sorely
needed in this area to eliminate or address this institutional
barrier. OCA has been advocating for and tracking the
development of a statewide cross-county home evaluation protocol
for over one year, to no avail. OCA urges policy and lawmakers
to prod the agency to quickly remedy this problem.
Transitioning Foster Youth
Once foster youth reach their eighteenth birthdays, some are given the option of “signing
themselves” back in to the foster care system while others do not receive this same option. Children who
elect to sign themselves back into care enjoy a multitude of benefits, including assistance with food,
medical care, clothing, housing, and education expenses, along with the care and support of a case
manager and independentliving coordinator. Research shows thatyouth who voluntarily extend their stays
in foster care achieve better life outcomes as adults as compared with foster youth who do not remain in
the care of the system. These life outcomes include a greater likelihood ofhaving a high school diploma or
GED, reduced risk of homelessness, incarceration, and future dependence on public assistance.
Whether or not foster youth are given the option of extending their stay in foster care is largely a
local decision, made everyday by each of the state’s 159 county Departments of Family and Children
Services. Anecdotal evidence suggests that youth who are given this option are considered the relative
high achievers who have maintained a steady residential placement, fared well in school, and have not had
involvement with the juvenile justice system. Troubled youth who have presented challenges to the
Department may not be given the same choice to extend their stay in foster care, though such youth are
arguably more in need of state assistance than other youth not presenting these same issues.
OCA believes that this situation should be addressed at the state level with consistent policy and
expectations of all parties. All foster youth should be extended the option of remaining in foster care after
their eighteenth birthdays so that all of our youth, and those in particular who need us most, have the
support of the state that has served as their parent prior to reaching age 18. Perhaps nowhere is this as
important as it is in the area of health care. The federal Foster Care Independence Act of 1999 authorizes,
but does not require, states to extend Medicaid benefits to former foster children to age 21. Georgia
apparently extends such benefits to youth who are given the option of and elect to remain in foster care. It
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does notdo so for youth who otherwise age out ofand exit the system. Georgia’s foster children in all 159
counties deserve the same treatment and access to services, regardless of whether they are considered a
positive or negative reflection of the agency.
Kenny A.
While the Kenny A. lawsuit against the state was settled after the reporting period, OCA supports
the ConsentDecree settling the legal issues pending against the state concerning its treatment of children
in foster care in Fulton and DeKalb Counties. DHR is to be commended for the strength of the agreement
and its commitmentto achieving the outcome measures as specified in the settlement. OCA agrees that in
whole, the agreement represents the promise of a foster care system of which Georgia can be proud.
OCA has long advocated for caseload limits consistent with those recommended by the Child
Welfare League ofAmerica. OCA believes that caseload sizes are an unparalleled factor in outcomes for
children at risk or in foster care. Caseload sizes bear a direct relationship to worker turnover and directly
affect the experiences of our children in every way, including whether they remain at risk in an abusive
environment awaiting an investigation into their case or whether they will achieve timely permanency or
instead linger in foster care for years. Indeed, Fulton and DeKalb Counties may be making significant
progress in reducing caseload sizes and worker turnover and thereby reducing statewide averages
because oftheir large size, butsignificantchallenges remain in our exurban and rural counties, where OCA
audits have discovered frighteningly high caseloads among workers, and in particular in counties
experiencing surges in methamphetamine abuse.
OCA acknowledges DFCS’ stated commitmentto deploying the mandated Kenny A. improvements
statewide, but maintains serious concern that children in a number of our counties will remain at significant
risk because their local child welfare workforce simply has notkeptpace with caseload growth. DFCS must
respond to this crisis if it is to provide all of its children with the same quality child welfare system and the
same outcomes to back it up.
Child Representation
Under existing federal and state laws, Georgia’s foster youth are entitled to the services of a
Guardian Ad Litem (GAL) to represent their best interests in all juvenile court abuse and neglect
proceedings. The GAL may be an attorney, court appointed special advocate (CASA/lay guardian), or
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both. Georgia law is also clear that it requires children to have an attorney represent them in proceedings
to terminate their parents’ rights. Statutes and caselaw are less clear, however, as to a child’s right to
legal counsel in other juvenile courtdeprivation proceedings. A recentcourtopinion in the Kenny A. lawsuit
against Fulton and DeKalb Counties concerning representation of children in foster care strongly suggests
these children do in fact have the right to a lawyer – in addition to a GAL.
OCA believes thatin mostcases, the best model of representation for children in foster care is an
attorney-CASA model. Implementation ofsuch a model would allow CASAs and lay guardians to interview
interested persons and gather sufficient information necessary in order to make informed recommendations
to the courtas to a child’s bestinterests. The child’s attorney would then have the ability to subpoena and
call witnesses, conductdirectand cross-examinations, introduce evidence,file motions, and even appeal a
court’s decision. In this way, the child’s interests would be fully presented to the court in order for it to
make the best possible decision concerning a child’s future.
In 2006, OCA will be undertaking an exhaustive review of child representation nationally and in
Georgia, including an assessment of various models to ensure the best representation of our children in
juvenile court deprivation proceedings. Once our assessment is complete, OCA may make further
recommendations regarding legal counsel for foster children.
Mandated Reporter Statute
In the nearly five years since OCA’s creation, several gaps in our state’s mandated reporter statute
have emerged and should be addressed to strengthen Georgia’s response to children in crisis. OCA is
supporting two specific changes to our mandated reporter law in the 2006 legislative session as follows.
First, OCA supports clarifying Georgia’s current requirement of an oral report of suspected abuse from “as
soon as possible” to “immediately,butno later than twenty-four hours” from the time the suspicion of abuse
arose. Existing law is subjectto widely varying interpretations, even among professionals. The proposed
change would provide sorely needed clarity in defining what is expected of our mandated reporters.
Second, OCA proposes strengthening our mandated reporter law so that it unequivocally requires
designees within large institutional settings, such as schools and hospitals, to make reports of suspected
abuse as conveyed to them by first-hand observers,such as teachers and nurses, while also clarifying that
these same designees are appropriate sources of consultation who are at liberty to add supplemental
information to the report as they deem necessary. The proposed change would enhance the safety of
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Georgia’s children by reducing the risk that necessary reports go unmade because ofdifferences in opinion
as to the degree of danger a child may be facing.
Juvenile Court Jurisdiction
Permanency and Adoption
Current Georgia law provides that adoption cases are generally heard in superior court. These include all
adoption matters, both private adoptions and those involving children in DFCS’ custody due to abuse and neglect
and whose parental rights have been terminated. Children in DFCS’ custody awaiting permanency face numerous
barriers on the road to adoption, some bureaucratic in nature and others not. These include child -specific
recruitment efforts, approval of home studies, appeals by the biological parents, conversion of foster homes to
adoptive home status, and others. In some judicial circuits, children wait three to five months for their adoption
cases to be docketed on the superior court calendar. Consequently, Georgia continues to lag the nation and federal
standards in securing timely adoption of these particular foster children.
In the 2006 session of the General Assembly, OCA will be advocating for legislation that would grant
juvenile courts concurrent jurisdiction over adoption matters in which the juvenile court has previously terminated
parental rights. Such a change would permit prospective adoptive parents to choose the most expeditious venue for
their adoption hearing, whether in superior or juvenile court. Moreover, the juvenile court, as trier of fact in the prior
proceedings and with extensive knowledge of the child’s needs over a number of years, is eminently qualified to
make a best interest determination as to the suitability of the adoption. Child welfare professionals, adoptive
parents, practitioners, and most importantly, the children, stand to benefit immeasurably froma proceeding in which
a positive outcome is achieved and witnessed by all who played a role.
Special Assistant Attorneys General (SAAGs)
The most important work a government attorney can do
Since its inception, OCA has and continues to advocate for those who provide quality legal representation
to their DFCS clients and acknowledge their service to the state for providing that representation at rates
substantially below prevailing business practice in both the public and private sectors. The following chart
illustrates the disparity in compensation to SAAGs representing various departments and agencies within state
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government.
Type of Case Hourly
Rate
DOT/Certain Business Loss Cases $140.00
DOT/Standard SAAG rate $125.00
Tort Cases $125.00
Inmate Litigation - Inmate Represented
by Counsel
$125.00
DOAS/DOT Worker's Comp Cases/Standard
Rate
$100.00
Inmate Litigation - Pro Se Cases $ 75.00
Post-Conviction Habeas Corpus Cases $ 60.00
DFCS - Termination Cases $ 55.00
DFCS – Deprivation Cases $ 52.50
Child Support Enforcement $ 52.50
OCA applauds and supports DHR’s request to increase the SAAG rate paid in child deprivation cases to
$60 per hour for these highly deserving public servants as a first step in achieving parity among those representing
the state and for those who do so on behalf of the most vulnerable children in our state.
State Mediation Committee – Foster Parents’ Bill of Rights
The 2004 session ofthe General Assembly marked passage of a Foster Parents’ Bill of Rights that
included a formal mechanism for resolving disputes between the Department of Family and Children
Services and foster parents concerning children in their care. During the reporting period, a significant
amount of time and attention was devoted to first developing processes and procedures for settling
grievances, including mechanisms to first attempt to resolve concerns at the county and Division levels
prior to escalating such matters for a formal mediation hearing. This process appears to be working well
and in the manner intended because the vast majority of disputes are being resolved at the local and
Division levels. To date, only 6 formal disputes have been heard by the State Mediation Committee,
comprised of5 members that include: 2 representatives from DFCS, 2 representatives of the Adoptive and
Foster Parent Association of Georgia, and the state Child Advocate. As the State Mediation Committee
evolves and gains experience, itwill continually evaluate the effectiveness ofits policies and procedures to
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ensure that matters brought to its attention are resolved fairly and responsibly for all parties.
Victim Advocacy Grant
OCA continues to operate its Victim Advocacy Program with
funding from a federal Victims of Crime Act ("VOCA") grant
awarded by the Criminal Justice Coordinating Council (CJCC).
Through this program, OCA is able to assist children who are
simultaneously involved with the child welfare, law enforcement
and various court systems in order to ensure the protection of
the child victim's rights.
The Victim Advocacy Program served 65 victims in this report period. These victims were from 31
counties around the state. Services provided by the Victim Advocate include: petitioning the court for
protective orders; acting on the victim’s behalf with law enforcement and DFCS; helping victims and their
families understand the voluminous paperwork associated with their cases; accompanying child victims and
their families to court; and providing assistance in completing the necessary paperwork to receive victim
compensation funds. During the reporting period, fourteen victims were assisted in receiving Temporary
Protective Orders. We offer our sincere appreciation to the CJCC for its generous grant award that makes
this program possible for our children.
EDUCATION
OCA’s third program is education. In this area, OCA
facilitates and promotes the professional development of all
parties involved with our child protection system, including
DFCS staff, Guardians Ad Litem, district attorneys, law
enforcement, educators, and others. Specialized training and
education of all those working in child protection and
deprivation is essential. OCA participated in numerous training
conferences and collaborative efforts throughout the year in
order to promote a well-trained workforce across the various
disciplines. Cross-training is a positive and cost effective
way of meeting the educational needs of the various disciplines
and encouraging communication.
First Lady’s Children’s Cabinet
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OCA is proud to serve on the First Lady’s Children’s Cabinet, comprised of
representatives from various state agencies and officially formed on July 1, 2004. The Cabinet's
core mission is to stem abuse and neglect, promote foster care and adoption, and raise public
awareness of children's issues in general. Through this cooperative effort, the First Lady seeks to
achieve greater success in coordinating policies and programs dispersed throughout state
government.
The Cabinet’s first initiative was the first statewide mandated reporter video, "Kids Count
on You." This tool is designed to train all school personnel, including but not limited to teachers,
custodial workers, counselors, food service staff, and school bus drivers on how and when to
report suspected cases of child abuse. A mandated reporter is any person who interacts with
children within the school system and is legally required to report any suspected incidents of
child abuse. The intent of the video is to ensure school employees receive consistent and
comprehensive information, receive training on how to properly recognize child maltreatment
and how to report misconduct to the appropriate authorities.
The production of this video was made possible through the contributions of numerous
public and private organizations and individuals, most notably Shaw Industries and recording
artist CiCi Porter. Six thousand five hundred training videos and an equal number of educational
brochures were distributed statewide. Every school in Georgia now has a copy of the video
while social workers and school counselors have been trained to instruct school personnel.
OCA, together with Prevent Child Abuse Georgia and the Department of Education, led training
sessions around the state in order to better inform nearly 1, 200 education professionals on this
critical subject matter.
Since this first initiative, the Cabinet has also announced the creation of the TeenWork initiative to
create summer employment opportunities for youth in foster care, the launch of the Foster Family
Foundation to recruit, train, and retain qualified foster families, and promote greater public awareness about
the Earned Income Tax Credit.
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Guardian ad Litem Conference
In previous OCA Annual Reports, we identified significantdeficiencies in the legal representation of
our children in juvenile court deprivation proceedings. OCA’s investigations revealed that attorney GALs
are often appointed just prior to court hearings and often do not meet the child or other interested parties
before court. That practice is unacceptable. Effective advocacy requires knowledge of the child’s
circumstances, the juvenile court system and adequate preparation. Our children are depending on their
court-appointed representatives to navigate them through the complex juvenile court and foster care
systems so that they have safe and permanent homes as quickly as possible and do not languish in state
care.
OCA again sponsored a major training opportunity for GALs in August, 2005. More than one
hundred (100) attorney and volunteer GALs from across Georgia attended this conference. Evaluations
from this effort overwhelmingly affirmed the need for more training. Highlights of the 2005 conference
included compelling presentations by Ms. Shari Shink of the Rocky Mountain Children’s Law Center and
her former foster child client, J.C. Coble on the importance ofthe GAL role, as well as presentations by Ms.
Carol Emig, Executive Director of the Pew Commission on Foster Care and Howard Davidson, Director of
the American Bar Association Center on Children and the Law.
Training seminars were conducted on such topics as trial skills and preparation, direct and cross-
examination, permanency planning, methamphetamine, interviewing children, legislative and caselaw
updates, DFCS programs and services, and many others. One hundred percent (100%) of participants
rated their overall conference experience as “Excellent” or “Good” and the majority of written comments
stated that the “variety and relevance of the workshops and the quality of the information provided by
presenters” were the best things about the conference. OCA expresses sincere appreciation to the
Department of Human Resources for its award of a Children’s Justice Act grant that made the GAL
Conference possible.
Finding Words Georgia
The Office of the Child Advocate was successful in its bid
to make Georgia one of the first “Finding Words” sites in the
country in 2003. Finding Words Georgia is co-sponsored by the
Office of the Child Advocate, DFCS, and the Children's Advocacy
Centers of Georgia. The National Center for the Prosecution of
Child Abuse and CornerHouse Children's Advocacy Center developed
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this model multi-disciplinary forensic interviewing course
entitled Finding Words and offers the training through approved
states in a program called Half a Nation by 2010. The weeklong
training presented quarterly at the Georgia Public Safety
Training Center in Forsyth is designed to instruct multi-
disciplinary teams in forensic interviewing of children. To
date, Finding Words Georgia has trained teams representing 82
counties. Training sessions scheduled for FY 2006 already have
waiting lists, demonstrating the continuing need for such a
training program in Georgia. OCA intends to continue to offer
Finding Words Georgia training in order to promote consistency
in the investigation and prosecution of child abuse throughout
the state.
Building Successful Teams
OCA participated as a partner in sponsoring the sixth
annual Building Successful Teams Multi-Disciplinary Conference
for the Investigation and Prosecution of Serious Injury and
Fatal Child Abuse during the reporting period. Other sponsoring
partners included the Georgia Department of Human Resources
Division of Family and Children Services, the Georgia Bureau of
Investigation and the Georgia Child Fatality Review Panel.
Plans for the seventh annual conference are already underway.
The conference’s mission is to foster teamwork among those
investigating and prosecuting child abuse at every level through
education and training, and by providing accessible expert
support services to those working on the front lines of the
battle against abuse and neglect.
The groups sponsoring this conference include representatives ofevery discipline having the legal
responsibility ofprotecting the lives ofGeorgia children. Each sponsoring agency strongly believes that it is
only through working together that the enormous task of preventing child death or injury can become a
reality. A multi-disciplinary team approach in investigations is critical for accurate identification of child
abuse and neglect when it occurs and in successful prosecution of the perpetrator. Each year
approximately 700 persons attend the Building Successful Teams conference, making it one of the largest
conferences in the southeast with the purpose of collaboratively training those working in the child abuse
fields in order to strengthen investigations and prosecutions in child serious injury and child death cases.
Attendees from various disciplines include the judicial branch, prosecutors, child welfare professionals,
medical examiners and coroners,medical professionals, law enforcementand mental health professionals.
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Child Placement Conference
Since OCA’s creation, we have been an active participant in
the Child Placement Conference, the largest annual cross-
training conference offered to professionals working with foster
children in Georgia. Conference hosts include DFCS, the Georgia
Association of Homes and Services for Children ("GAHSC"), the
Supreme Court of Georgia Child Placement Project, Georgia Court
Appointed Special Advocates ("CASA") and the Department of
Juvenile Justice ("DJJ"). Over 600 participants attend this
conference annually and include: new and experienced DFCS case
managers and supervisors, juvenile court judges, attorneys,
CASAs, independent living coordinators, DJJ case managers,
mental health professionals, group home staff and caseworkers,
citizen panel review staff and volunteers and others working in
the area of foster care and placement.
Each year, the conference expands its collaborative partnership and the cross-
section of topics offering the most current information available on working with
children at risk. Unique to this conference is the highlighting of the many services
available to children and families in Georgia, how our communities can work together
to leverage these resources and how each of us can do our part. The overall
evaluations from the Child Placement Conference show consistently high marks and
the workshops are well attended. Now in its seventh year, the Child Placement
Conference has emerged as the best cross-training opportunity available to child
welfare professionals in Georgia. OCA highly recommends the Child Placement
Conference for all people working in or connected to the child welfare system.
Celebration of Excellence
The Celebration of Excellence is a statewide annual graduation event and scholarship
program designed to recognize the academic achievements of youth in the Georgia foster care
system who are graduating from high school, GED programs, vocational school, and
college. The event includes a formal awards ceremony much like a commencement exercise and
a social gathering with food and entertainment. Graduates receive certificates of recognition for
their achievements, gifts, and scholarships. In 2005, over 300 graduates were recognized and
$66,000 in scholarships was awarded to especially outstanding youth who are pursuing post-
secondary education.
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Many of the youth honored at the Celebration of Excellence
have been in foster care for all or most of their lives. The
longer a youth is in the state’s custody, the more at-risk
he/she may become due to a lack of a stable family environment
that promotes education, teaches daily living skills, and
encourages attendance in school. Some youth have been moved
from placement to placement, either from their own families to a
foster care home or between foster homes. Often they have had
to change schools, sometimes as often as several times a year,
thereby missing the opportunity of a normal high school
experience or senior year. Research consistently indicates that
foster youth are considerably less likely to earn a high school
diploma or GED than their non-foster care contemporaries. The
youth recognized at the Celebration have met and overcome these
challenges. But when it comes time to celebrate these
achievements, they may not have anyone to cheer them on, take
them to lunch, give them a present, or assure them of their
bright and successful futures.
The Celebration is a program that honors our youth for
their special academic success in the manner in which they
deserve. Recognizing the successes of the "system" and the
achievements of these youth is important for our youth, for
those who work in the child welfare field, and for the
community, who often only hears about the child welfare system
when it fails.
The Celebration is organized by community partners in the Georgia child welfare system who
include: the Young Lawyers Division of the State Bar of Georgia; the Department of Family and Children
Services; and the volunteer and non-profit communities. OCA is proud to serve on the Celebration
Volunteer Planning Committee and to have had a staff member serve as its Chairperson for the last six
years.
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A Final Word
OCA again expresses appreciation for the hard work of so
many Georgia child welfare professionals as they continue to
strive to improve the lives of our children and families.
However, much remains to be done in order to create a child
protection system of which Georgia can be proud. OCA will
continue to work to ensure more positive outcomes for our at-
risk children while advocating for necessary systemic
improvements and intensifying our efforts to promote a more
professional and well-trained workforce. OCA appreciates
Governor Perdue, Lt. Governor Taylor, and all members of the
Georgia General Assembly for their sustained support as we
continue our efforts to achieve our mission of enhancing the
state’s child protection system for our most vulnerable
citizens.
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APPENDIX A
CHILD ADVOCATE FOR THE PROTECTION OF CHILDREN
Effective date. - This article became effective April 6, 2000.
15-11-170
(a) This article shall be known and may be cited as the "Georgia Child Advocate for the Protection of
Children Act."
(b) In keeping with this article's purpose ofassisting, protecting, and restoring the security ofchildren
whose well-being is threatened, itis the intent ofthe General Assembly that the mission ofprotection ofthe
children ofthis state should have the greatestlegislative and executive priority. Recognizing thatthe needs
of children mustbe attended to in a timely manner and that more aggressive action should be taken to
protectchildren from abuse and neglect, the General Assembly creates the Office ofthe Child Advocate for
the Protection ofChildren to provide independentoversightofpersons, organizations,and agencies
responsible for providing services to or caring for children who are victims ofchild abuse and neglect, or
whose domestic situation requires intervention by the state. The Office of the Child Advocate for the
Protection ofChildren will provide children with an avenue through which to seek reliefwhen their rights are
violated by state officials and agents entrusted with their protection and care.
15-11-171
As used in this article, the term:
(1) "Advocate" or "child advocate" means the Child Advocate for the Protection ofChildren established
under Code Section 15-11-172.
(2) "Agency" shall have the same meaning and application as provided for in paragraph (1) of subsection
(a) ofCode Section 50-14-1.
(3) "Child" or "children" means an individual receiving protective service from the division, for whom the
division has an open case file, or who has been, or whose siblings, parents, or other caretakers have been
the subjectofa reportto the division within the previous five years.
(4) "Department" means the Department of Human Resources.
(5) "Division" means the Division ofFamily and Children Services ofthe Department ofHuman Resources.
15-11-172.
(a) There is created the Office of the Child Advocate for the Protection of Children. The Governor, by
executive order, shall create a nominating committee which shall consider nominees for the position ofthe
advocate and shall make a recommendation to the Governor. Such person shall have knowledge ofthe
child welfare system, the juvenile justice system, and the legal system and shall be qualified by training and
experience to perform the duties ofthe office as setforth in this article.
(b) The advocate shall be appointed by the Governor from a listof at leastthree names submitted by the
nominating committee for a term ofthree years and until his or her successor is appointed and qualified
and may be reappointed.The salary ofthe advocate shall not be less than $60,000.00 per year, shall be
fixed by the Governor, and shall come from funds appropriated for the purposes ofthe advocate.
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(c) The Office of the Child Advocate for the Protection of Children shall be assigned to the Office of
Planning and Budgetfor administrative purposes only, as described in Code Section 50-4-3.
(d) The advocate may appointsuch staff as may be deemed necessary to effectively fulfill the purposes of
this article, within the limitations ofthe funds available for the purposes ofthe advocate. The duties ofthe
staff may include the duties and powers ofthe advocate ifperformed under the direction ofthe advocate.
The advocate and his or her staff shall receive such reimbursementfor travel and other expenses as is
normally allowed to state employees,from funds appropriated for the purposes ofthe advocate.
(e) The advocate shall have the authority to contract with experts in fields including butnotlimited to
medicine, psychology,education, child development, juvenile justice,mental health, and child welfare, as
needed to supportthe work ofthe advocate, utilizing funds appropriated for the purposes ofthe advocate.
(f) Notwithstanding any other provision ofstate law, the advocate shall act independently ofany state
official, department, or agency in the performance ofhis or her duties.
(g) The advocate or his or her designee shall be an ex officio member ofthe State-wide Child Abuse
Prevention Panel.
15-11-173
The advocate shall perform the following duties:
(1) Identify, receive, investigate, and seek the resolution or referral of complaints made by or on behalfof
children concerning any act, omission to act, practice, policy,or procedure ofan agency or any contractor
or agent thereofthat may adversely affectthe health, safety, or welfare ofthe children;
(2) Refer complaints involving abused children to appropriate regulatory and law enforcementagencies;
(3) Reportthe death of any child to the chairperson ofthe child fatality review subcommittee ofthe county
in which such child resided atthe time ofdeath, unless the advocate has knowledge thatsuch death has
been reported by the county medical examiner or coroner, pursuantto Code Section 19-15-3, and to
provide such subcommittee access to any records ofthe advocate relating to such child;
(4) Provide periodic reports on the work ofthe Office of the Child Advocate for the Protection of Children,
including butnot limited to an annual written reportfor the Governor and the General Assembly and other
persons, agencies,and organizations deemed appropriate. Such reports shall include recommendations for
changes in policies and procedures to improve the health, safety, and welfare of children and shall be
made expeditiously in order to timely influence public policy;
(5) Establish policies and procedures necessary for the Office of the Child Advocate for the Protection of
Children to accomplish the purposes ofthis article including without limitation providing the division with a
form of notice ofavailability of the Office of the Child Advocate for the Protection ofChildren. Such notice
shall be posted prominently, by the division, in division offices and in facilities receiving public moneys for
the care and placementofchildren and shall include information describing the Office ofthe Child Advocate
for the Protection ofChildren and procedures for contacting that office; and
(6) Convene quarterly meetings with organizations, agencies, and individuals who work in the area of child
protection to seek opportunities to collaborate and improve the status of children in Georgia.
15-11-174
(a) The advocate shall have the following rights and powers:
(1) To communicate privately, by mail or orally, with any child and with each child's parentor guardian;
(2) To have access to all records and files ofthe division concerning or relating to a child, and to have
access, including the rightto inspect, copy, and subpoena records held by clerks ofthe various courts, law
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enforcementagencies, service providers,including medical and mental health, and institutions, public or
private, with whom a particular child has been either voluntarily or otherwise placed for care or from whom
the child has received treatmentwithin the state. To the extent any such information provides the names
and addresses ofindividuals who are the subjectofany confidential proceeding or statutory confidentiality
provisions, such names and addresses or related information which has the effect of identifying such
individuals shall notbe released to the public withoutthe consentof such individuals;
(3) To enter and inspectany and all institutions, facilities, and residences,public and private, where a child
has been placed by a courtor the division and is currently residing. Upon entering such a place, the
advocate shall notify the administrator or, in the absence ofthe administrator, the person in charge ofthe
facility, before speaking to any children. After notifying the administrator or the person in charge ofthe
facility, the advocate may communicate privately and confidentially with children in the facility, individually
or in groups, or the advocate may inspectthe physical plant. To the extent possible,entry and investigation
provided by this Code section shall be conducted in a manner which will not significantly disrupt the
provision ofservices to children;
(4) To apply to the Governor to bring legal action in the nature ofa writ of mandamus or application for
injunction pursuant to Code Section 45-15-18 to require an agency to take or refrain from taking any action
required or prohibited by law involving the protection ofchildren;
(5) To apply for and acceptgrants, gifts, and bequests offunds from other states, federal and interstate
agencies, independentauthorities, private firms, individuals, and foundations for the purpose ofcarrying out
the lawful responsibilities ofthe Office of the Child Advocate for the Protection ofChildren;
(6) When less formal means ofresolution do notachieve appropriate results, to pursue remedies provided
by this article on behalf of children for the purpose ofeffectively carrying outthe provisions ofthis article;
and
(7) To engage in programs ofpublic education and legislative advocacy concerning the needs ofchildren
requiring the intervention, protection, and supervision ofcourts and state and county agencies.
(b) (1) Upon issuance by the advocate ofa subpoena in accordance with this article for law enforcement
investigative records concerning an ongoing investigation, the subpoenaed party may move a courtwith
appropriate jurisdiction to quash said subpoena.
(2) The court shall order a hearing on the motion to quash within 5 days ofthe filing of the motion to quash,
which hearing may be continued for good cause shown by any party or by the court on its own motion.
Subjectto any right to an open hearing in contemptproceedings, such hearing shall be closed to the extent
necessary to preventdisclosure ofthe identity ofa confidential source; disclosure ofconfidential
investigative or prosecution material which would endanger the life or physical safety or any person or
persons; or disclosure ofthe existence ofconfidential surveillance,investigation, or grand jury materials or
testimony in an ongoing criminal investigation or prosecution. Records, motions and orders relating to a
motion to quash shall be keptsealed by the courtto the extentand for the time necessary to preventpublic
disclosure ofsuch matters, materials, evidence or testimony.
(c) The court shall, at or before the time specified in the subpoena for compliance therewith, enter an order:
(1) Enforcing the subpoena as issued;
(2) Quashing or modifying the subpoena ifitis unreasonable and oppressive;or
(3) Conditioning enforcementofthe subpoena on the advocate maintaining confidential any evidence,
testimony, or other information obtained from law enforcementor prosecution sources pursuantto the
subpoena until the time the criminal investigation and prosecution are concluded. Unless otherwise ordered
by the court, an investigation or prosecution shall be deemed to be concluded when the information
becomes subjectto public inspection pursuantto Code Section 50-18-72. The court shall include in its
order written findings offact and conclusions oflaw.
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Annotations
The 2001 amendment, effective July 1, 2001, designated the existing provisions ofthis Code section as
subsection (a) and added subsections (b) and (c).
15-11-175. Penalty provision.
(a) No person shall discriminate or retaliate in any manner against any child, parentor guardian ofa child,
employee ofa facility, agency, institution or other type ofprovider, or any other person because ofthe
making of a complaintor providing ofinformation in good faith to the advocate, or willfully interfere with the
advocate in the performance ofhis or her official duties.
(b) Any person violating subsection (a) ofthis Code section shall be guilty ofa misdemeanor.
15-11-176
The advocate shall be authorized to requestan investigation by the Georgia Bureau ofInvestigation ofany
complaintofcriminal misconductinvolving a child.
15-11-177
(a) There is established a Child Advocate Advisory Committee. The advisory committee shall consistof:
(1) One representative ofa notfor profit children's agency appointed by the Governor;
(2) One representative ofa for profitchildren's agency appointed by the Presidentofthe Senate;
(3) One pediatrician appointed by the Speaker ofthe House ofRepresentatives;
(4) One social worker with experience and knowledge ofchild protective services who is notemployed by
the state appointed by the Governor;
(5) One psychologistappointed by the Presidentofthe Senate;
(6) One attorney appointed by the Speaker ofthe House ofRepresentatives from the Children and the
Courts Committee of the State Bar of Georgia; and
(7) One juvenile courtjudge appointed by the ChiefJustice ofthe Supreme Court ofGeorgia.
Each member ofthe advisory committee shall serve a two-year term and until the appointmentand
qualification of such member's successor. Appointments to fill vacancies in such offices shall be filled in the
same manner as the original appointment.
(b) The advisory committee shall meet a minimum of three times a year with the advocate and his or her
staff to review and assess the following:
(1) Patterns of treatment and service for children;
(2) Policy implications; and
(3) Necessary systemic improvements.
The advisory committee shall also provide for an annual evaluation ofthe effectiveness ofthe Office of the
Child Advocate for the Protection ofChildren.
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APPENDIX B
STAFF
DeAlvah Hill Simms - Child Advocate
Kristi Justice - Administrative Assistant to the Child Advocate
Allyson W. Anderson - Director of Policy and Evaluation
Russell A. Lewis, Sr. - Chief Investigator
Matt Gazafy - Investigator
Robert Z. Hernandez - Investigator
William A. Herndon - Investigator
Bobbi Nelson - Investigator
Chris Williams - Investigator
Vickie Morgan - Intake Technician
Sherry Bryant - Victim Advocate Program Manager
The Victim Advocate Program Manager is funded through the Criminal Justice Coordinating
Council’s ("CJCC") Victims of Crime Act Grant Program.
OCA also enjoyed the services offive students made possible through the generosity of the Barton
Child Law and Policy Clinic at Emory University, Georgia CASA, the Child Advocacy Project of Central
Georgia CASA and Mercer University School ofLaw. They include: Kimberly Saunders, Laura Glass-Hess,
Dorothy Harper, Tori Daniels, Heather Hunt and Heather Thorpe. We offer our sincere gratitude to each of
these students for their hard work on behalf of Georgia’s children and each of the named programs and
schools for providing these exceptional interns to our office.
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APPENDIX C
ADVISORY COMMITTEE
OCA is fortunate to have an advisory committee ofseven individuals dedicated to helping fulfill our
mission of protecting our children. The members include:
 Dr. John Adams is a practicing psychologistin Statesboro and was appointed by Lt. Governor
Mark Taylor.
 Ms. Laura Eubanks is a social worker with Children’s Healthcare of Atlanta and was
appointed by Governor Sonny Perdue.
 Judge Tracy Graham is a juvenile court judge in Clayton County and was appointed by
Georgia Supreme Court Chief Justice Norman Fletcher.
 Dr. Joy Maxey is a practicing pediatrician in Atlanta and was appointed by Speaker of the
House of Representatives, the Honorable Glenn Richardson.
 Dr. Alma Noble is the Director of Baby World Daycare Center in Albany and was appointed by
Lt. Governor Taylor.
 Mrs. Kathy O’Neal is Region VI Community Facilitator with Family Connection and was
appointed by Governor Perdue.
 Ms. Ellen Williams is an attorney and active lobbyiston children’s issues and was appointed
by Speaker Richardson. Ms. Williams also serves as Chairperson ofthe Committee.
Selected DFACS Policy Sections
Complete DFCS policy may be found at the following links:
Child Protection Manual (CPS)
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http://www.childwelfare.net/DHR/policies/cpindex.html
Foster Care Manual
http://www.childwelfare.net/DHR/policies/fcindex.html
Department of Human Resources website
http://www.odis.dhr.state.ga.us/
Subject: Promotion and Protection of the Welfare of Children
Table of Contents
SECTION # TITLES
Section I Introduction
2101.1 Purpose of Child Protective Services
2101.2 Legal Basis
2101.3 Statement of Good Practice Principles
2101.4 Distinctive Characteristics
2101.5 Definitions
Section II Juvenile Court - Placement Issues
2102.1 Court Intervention to Protect Children
2102.2 Permanency for Children
2102.3 Reasonable Efforts
2102.3a Reasonably Diligent Search
2102.4 Reasonable Efforts - Documentation
2102.5 Authority to Remove a Child from the Parent/Legal Guardian
2102.6 Indian Child Welfare Act
2102.7 Juvenile Court Procedures
2102.8 Appointment of a Guardian ad Litem
2102.9 Deprivation Resulting From Substance Abuse
2102.10 Emergency Removal
2102.11 Other Removal Options
2102.12 Verbal Orders
2102.13 Family Assessment and 30-Day Case Plan
2102.14 Developing the 30-Day Case Plan
2102.15 Responsibility for Children in the Department’s Custody
2102.16 Family Visitation for Children in the Department’s Custody
2102.17 Keeping the Court Informed
2102.18 Taking a Case Back to Court
2102.19 Return of Custody to Parent
2102.20 Grounds for Termination of Parental Rights
Section III Intake
2103.1 Introduction
2103.2 Twenty-Four Hour Report and Response Capacity
2103.3 Public Awareness
2103.4 Receiving Reports
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2103.5 Mandated Reporters
2103.6 Mandated Reporters Not Reporting
2103.7 Components of a Report
2103.8 Reports of Parental Alcohol and Other Substance Abuse
2103.9 Reports of Juvenile Substance Abuse
2103.10 Report Received of a Newborn in a Family with previous CPS History
2103.11 Reports of Cases of Suspected Statutory Rape
2103.12 Form 453 (Child Abuse/Neglect Intake Worksheet)
2103.13 CPS History
2103.14 Making an Intake Decision
2103.15 Response Time Calculation
2103.16 Immediate to 24-Hour Response Required
2103.17 Request for Immediate Short-Term Emergency Care
2103.18 Screened-Out Reports
2103.19 Report Received on An Active Case
2103.20 Referrals to Law Enforcement
2103.21 Child Protective Services Log
2103.22 CPS Across County Lines
2103.23 Form 590 (Internal Data System)
2103.24 Reporting Procedures Following Placement Activities
2103.25 Response to a Request to Evaluate a TANF Recipient
Prior to a Second Sanction
Appendix A Decision Trees
Appendix B Substance Abuse and Child Maltreatment
Section IV Investigation
2104.1 Introduction
2104.2 Time Frame
2104.3 Drug Exposed/Addicted Infants
2104.4 Lack of Supervision
2104.4a Child Taken into Custody by Physician
2104.4b “Safe Place for Newborns” Infant
2104.5 Requests for Immediate Short-Term Emergency Care
2104.6 Court-Ordered Supervision
2104.7 CPS Investigation of a TANF Recipient
2104.8 Special Investigations and Miscellaneous Requests
2104.9 Preparing for the Initial Interview
2104.10 Meeting Response Time
2104.10a Obtaining Offender and Conviction Data
2104.11 Contact With Children
2104.12 Initial Contact Made with Child Away From Home
2104.13 Initial Contact Made with Child in the Home
2104.14 Notifying Parent of Interview with Child Away from Home
2104.15 Confidentiality of Reporter Information
2104.16 Initial Interview with the Parent
2104.17 Safety Assessment (Form 455A)
2104.18 Safety Plan (Form 455B)
2104.19 Unsuccessful Attempted Contact
2104.20 Family Refuses to Cooperate
2104.21 Collateral Contacts - Gathering and Verifying
All Available Evidence
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2104.22 Investigative Conclusion (Form 454)
2104.23 Case Determination
2104.24 Closure of Case with Child Fatality
2104.25 Alcohol and Other Substance Abuse in Substantiated Investigations
2104.26 Drug Screens
2104.27 Risk Assessment Scale (Form 457)
2104.28 Failure to Meet 30-Day Time Frame for Completing an Investigation
2104.29 Client Notification
2104.30 Case Review Request
2104.31 Additional Reports
2104.32 Form 431
2104.33 Use of Relative, Neighbor or Other Individual as a Safety Resource
2104.34 Imminent Risk and Safety
2104.35 Response Overrides
2104.35a Abbreviated Investigations
2104.36 Contact for Cases Transferred for Ongoing Services
2104.37 Substantiated Cases and Community Resources
2104.38 Employment Services Responsibility at Investigation
2104.39 Investigation Documentation
2104.40 Family Moves During Investigation or Ongoing Services
2104.41 Family Moves to Unknown Location - Loss of Contact
Appendix A Drug Screens
Section V Case Management
2105.1 Introduction
2105.2 CPS Targeted Case Management Tearsheet
2105.3 Case Contact
2105.4 Face-to-Face Contacts
2105.5 Collaterals
2105.6 Strengths/Needs Assessment and Case Plan Preparation
2105.7 Strengths and Needs
2105.8 Form 458 (Strengths/Needs Assessment Scale)
2105.9 Case Plan - Initiation and Time Frame
2105.10 Form 387 (Social Services - Case Plan)
Form 388 (Case Plan: Goals / Steps)
Case Plan Development
2105.11 Joint CPS/TANF Cases
2105.12 Service Selection
2105.13 Service Provision
2105.14 Use of Drug Screens in Ongoing Case Management
2105.15 Relapse Issues in Substance Abuse Cases
2105.16 Purpose of Case Contacts
2105.17 Case Management Documentation
2105.18 Case Reassessment
2105.19 Collecting Information for Case Reassessment
2105.20 Case Closure Decision
2105.21 Case Closure Requirements
2105.22 Closure of Cases Active with TANF
Section VI SpecialInvestigations
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2106.1 Introduction
2106.2 Assignment of an Investigator for a Special Investigation
2106.3 Responsibilities of the Resident County and Out-of-County
Investigator in a Special Investigation
2106.4 Staff Notifications of Reports of Abuse and Neglect on a Child in the
Legal Custody of DFCS/DHR
2106.5 Response Time Calculations for Reports of Abuse or Neglect on a
Child in the Legal custody of DFCS/DHR
2106.6 Report of Abuse and Neglect in DFCS Homes - Introduction
2106.7 Intake Procedures for Reports of Abuse and Neglect in DFCS Homes
2106.8 Investigative Standards for CPS Investigations in DFCS Homes
2106.9 Documentation of CPS Investigations in DFCS Homes
2106.10 Required Staffings in CPS Investigations of DFCS Homes
2106.11 Administrative Review of CPS Investigations in DFCS Homes
2106.12 Policy Waiver Requests for DFCS Homes
2106.13 Release of Information in CPS Investigations of DFCS Homes
2106.14 Reports of Abuse and Neglect of Children in the Legal Custody of the
DFCS Caregiver
2106.15 Reports of Abuse and Neglect in Private Agency Homes and State
Operated Homes - Introduction
2106.16 Intake Procedures for Reports of Abuse and Neglect in Private
Agency and State Operated Homes
2106.17 Investigative Standards for CPS Investigations in Private Agency and
State Operated Homes
2106.18 Documentation of CPS Investigations in Private Agency and State
Operated Homes
2106.19 Required Staffing in CPS Investigations in Private Agency and State
Operated Homes
2106.20 Administrative Review of CPS Investigations in Private Agency and
State Operated homes Approved for Children in the Legal Custody of
DFCS/DHR
2106.21 Requests for Children in the Legal Custody of DFCS/DHR to Remain
in a Private Agency/State
Operated Home
2106.22 Release of Information in CPS Investigations of
Private Agency and State Operated Homes
2106.23 Reports of Abuse and Neglect in Residential Facilities - Introduction
2106.24 Developing Procedures for CPS Investigations in Residential Facilities
2106.25 Intake Procedures for Reports of Abuse and Neglect in Residential
Facilities
2106.26 Investigative Standards for CPS Investigations in Residential Facilities
2106.27 Documentation of CPS Investigations in Residential Facilities
2106.28 Release of Information in CPS Investigations of Residential Facilities
2106.29 Reports of Abuse and Neglect in Public and Private Non-Residential
Schools - Introduction
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2106.30 Intake Procedures for Reports of Abuse and Neglect in Public and
Private Non-Residential Schools
2106.31 Investigative Standards for CPS Investigations in Public and Private
Non-Residential Schools
2106.32 Documentation of CPS Investigations in Public and Private Non-
Residential Schools
2106.33 Release of Information in CPS Investigations in Public and Private
Non-Residential Schools
2106.34 Reports of Abuse and Neglect in Non-Residential Facilities -
Introduction
2106.35 Intake Procedures for Reports of Abuse or Neglect in Non- Residential
Facilities
2106.36 Investigative Standards for CPS Investigations in Non-Residential
Facilities
2106.37 Documentation of CPS Investigations in Non-Residential Facilities
2106.38 Release of Information in CPS Investigations of Private Agency and
State Operated Homes
Appendix
Appendix A Taylor v. Ledbetter, U.S. District Consent Decree
Appendix B Special Investigations Cover Memorandum
Appendix C Special Investigations Summary Report of a Home Approved for a
Child in the Legal Custody of DFCS/DHR
Appendix D Special Investigations Summary Report of a Facility Approved for a
Child in the Legal Custody of DFCS/DHR
Appendix E Facility/Agency Case Determination Letter
Appendix F Use of Corporal Punishment in Schools
Section VII Family Preservation
2107 Family Preservation Programs
2107.1 Early Intervention/Preventive Services
2107.2 Role of Early Intervention/Preventive Services
2107.3 Eligibility for Early Intervention/Preventive Services
2107.4 Early Intervention/Preventive Services Application and Record
Maintenance
2107.5 Early Intervention Fees and Program Structure
2107.6 Services Reporting Requirements
2107.7 Contracting for Early Intervention Services
2107.8 Parent Aide Program
2107.9 Role of the Parent Aide
2107.10 Eligibility for Parent Aide Services
2107.11 Parent Aide Services Application and Record Maintenance
2107.12 Parent Aide Services: Fees and Program Structure
2107.13 Parent Aide Services Reporting Requirements
2107.14 Contracting for Parent Aide Services
2107.15 Prevention of Unnecessary Placement Program (PUP)
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2107.16 Eligibility for PUP Services
2107.17 Financial Need/Family Contribution
2107.18 PUP Services Application and Record Maintenance
2107.19 Determining Funding Approval Amounts
2107.20 PUP Program: Approved Services
2107.21 Verification of PUP Expenditures
2107.22 PUP as Part of the Case Plan
2107.23 Documentation of Changing PUP Needs
2107.24 PUP Between Counties
2107.25 PUP Reporting Requirements
2107.26 Homestead Program
2107.27 Eligibility for Homestead Services
2107.28 Homestead Services Application and Record Maintenance
2107.29 Homestead Services: Fees and Program Structure
2107.30 Homestead Services Reporting Requirements
2107.31 Contracting for Homestead Services
2107.32 Homestead Provider Qualification Guidelines
Appendix A Determination of PUP Authorization Amount 75%
Per Diem Cost Chart
Appendix B Social Services MOU Annex B: Early Intervention/PUP/Parent
Aide/Homestead Monthly Report
Section VIII Administrative Case Review
2108.1 Introduction
2108.2 Reporting a Child Death or Serious Injury
2108.3 Investigations of Child Deaths and Serious Injuries of Children in
DFCS Legal Custody
2108.4 Case Record Management
2108.5 State Office Internal Review Process
2108.6 Supplemental Reports
2108.7 Administrative Review of CPS Investigations in Homes Approved for
Children in Legal Custody of DFCS
2108.8 Administrative Review of CPS Special Investigations by the Social
Services Section Director
2108.9 Child Fatality Review
Appendix A Concurrence Letter
Section IX Information Management
2109.1 Contact With the Media
2109.2 Confidentiality
2109.3 Information Subject to Open Records Act
2109.4 Requests to Inspect Records
2109.5 Release of Information to Parents
2109.6 Subpoenas for Depositions and Case Records
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2109.7 Responsibility for Case Confidentiality in Court Testimony
2109.8 Request for Assistance from DFCS Legal Officer
2109.9 Report to the Missing Children Bulletin
2109.10 Contact with Board Members
2109.11 Contact with Legislators and County Officials
Appendix A Information Which May be Maintained in Case Records
Section X Forms
Foster Care Services: Table of Contents
Permanency for Children in Foster Care
Table of Contents
Section Heading
1001 INTRODUCTION
1002 PLACEMENT AUTHORITY
1003 ELIGIBILITY
1004 PLACEMENT RESOURCES
1005 RESIDENTIAL TREATMENT
1006 ASSESSMENT AND PERMANENCY
1007 CASE PLANNING AND REVIEW
1008 PRE-PLACEMENT
1009 PLACEMENT OF A CHILD
1010 ICPC
1011 NEEDS OF THE CHILD
1012 INDEPENDENT LIVING
1013 LEGAL
1014 FOSTER PARENTS
1015 FOSTER HOMES
1016 FISCAL
1017 (Reserved)
RETURN TO THE FOSTER CARE INDEX
Section Heading
Appendix A Comprehensive Child and Family Assessment
Appendix B (1) Minimum Standards for Family Foster Homes
Appendix B(2) Foster Parent Grievance Procedure
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SECTION X
Table of Contents
FORM NUMBER FORM NAME
100 PUP / Homestead / Parent Aide Authorization
101 PUP / Homestead / Parent Aide Cumulative Record
387 Social Services  Case Plan
388 Case Plan: Goals/Steps
431 Child Abuse and Neglect Report  Instructions
450 Basic Information Worksheet
452 Contact Form
453 Child Abuse/Neglect Worksheet  Instructions
454 Investigative Conclusion  Instructions
455A Safety Assessment  Instructions
455B Safety Assessment  Instructions
457 Risk Assessment Scale  Instructions
458 Strengths / Needs Assessment Scale  Instructions
460 Risk Reassessment Scale  Instructions
590 Internal Data System (IDS)
5459 Authorization For Release Of Information
Record of Reports
Record ofReports  Instructions
Sample Mandated Reporter Letter
Access to Criminal History in CPS Investigations
Case Determination Letter # 1
Case Determination Letter # 2
Case Determination Letter # 3
Case Determination Letter # 4
Case Determination Letter # 5a
Case Determination Letter # 5b
Case Determination Letter # 1 (Espanol)
Case Determination Letter # 2 (Espanol)
Case Determination Letter # 3 (Espanol)
Case Determination Letter # 4 (Espanol)
Case Determination Letter # 5a (Español)
Case Determination Letter # 5b (Español)
Response to Case Review Request
Response to Case Review Request(Espanol)
Nationwide CPS Alert Form
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Child Death/Serious Injury Report
DFCS Authorization to AcceptChild for Short-Term Emergency Care
Termination of DFCS Responsibility for Short-Term Emergency Care
Open Records Act: Documentation ofRequest
Letter to Person Requesting Records
Early Intervention Letter - Family Notification
Early Intervention Letter - Provider Notification
Codes for Forms 453 and 454.doc
Case Summary Form
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SERVICES TO BIRTH PARENTS
1006.9
Requirement
Until the court directs otherwise, the Case Manager is obligated to make reasonable efforts
to reunify the child and family through the provision of intensive, goal-oriented services.
1006.9 PRACTICE ISSUES
1. Services must be directed toward achieving the identified goals and steps outlined
in the Case Plan. The most frequently provided services to parents with children in
care are visitation, housing assistance, income maintenance, mental health,
substance abuse treatment and parenting education. To accelerate permanency,
services must be planned, organized and immediate. Selected services may
include:
• Comprehensive Child and Family Assessment (CCFA) Wrap-Around (WA)
Services (see 1016.18 for description and instructions for accessing and paying for
these services):
- In-Home Intensive Treatment provides therapeutic and/or clinical
services for a family in preparation for the safe return of a child and/or
to maintain and stabilize a child’s current placement.
- In-Home Case Management provides case management assistance
to families in completing the defined goals and steps of the Case Plan.
- Crises Intervention provides an immediate service to stabilize a
volatile family situation where safety of the child is not an issue, but
may result in a child’s placement disrupting; e.g., child on Aftercare
status who is at risk of re-entering care.
• Family Preservation Programs (see CPS Service Manual, Chapter 2107 for
program description and criteria):
- Parent Aide provides parenting skills, education and training through
in-home visitation and group classes.
- Homestead provides intensive, short-term, in-home
counseling and support to families being reunified.
- Prevention of Unnecessary Placement (PUP) provides financial
assistance to facilitate the return of a child through emergency
housing assistance, psychological evaluation, drug screens, etc.
• Other formal and informal resources (if available) in the community:
- Family Service Workers provide in-home help with parenting education,
home and financial management, shopping and meal management,
etc.
- Educational services help with completion of school or GED and/or
preparation for employment;
- Marital and family counseling assists families in gaining an
understanding of and insight into behavior and relationships
- Individual and group counseling assists with understanding and
resolving interpersonal issue or other mental health needs;
- Employment services assist in obtaining a job to provide for basic
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economic needs
- Housing services assist in the finding and securing adequate and safe
living arrangements;
- Drug treatment provides residential services, recovery/support groups,
outreach for relapse, drug screens, etc.
2. Substance abuse as an underlying need will likely require intensive treatment with
anticipated periods of relapse. The parent dealing with addiction problems may still
be in the treatment process when one of the following time frames is reached:
 The permanency hearing is held (within 12 months of removal); or when
 The child has been in care “15 out of 22 months” and termination of parental
rights is not appropriate.
If the child cannot be safely returned, then a decision may be made to continue the
treatment plan and work toward reunification. However, there must be a
“compelling reason” or justification, which meets the approval of the court. The
Case Manager must assess the parent’s situation carefully, along with the progress
to date, and the prognosis of treatment providers, to determine if the parent may
require (with the court’s approval), additional time for rehabilitation.
NOTE: Whenever a child is adjudicated deprived as a result of the parent’s
alcohol or other drug abuse, the court is authorized to require the parent to
undergo substance abuse treatment and random drug screens. However, the
court will not permit reunification until DFCS has documentation confirming
that the screens remain negative for a period of no less than six consecutive
months.
3. The provision of quality services largely depends on the partnerships and
collaborations with community providers assisting DFCS.
4. While DFCS is obligated to provide and/or arrange services for
the parent, the parent is also responsible and accountable for his/her actions
and decisions around participating in those services.
5. The Case Manager should consider how to balance the amount of time needed by
the parent to make the changes or improvements with the child’s developmental
and permanency needs. The compressed time lines outlined in State and Federal
law provide the parameters for determining and finalizing a permanent placement.
The parent may require assertive outreach, encouragement and support to realize
that actual change, not promises for change, is expected.
CONTACT STANDARDS FOR PARENTS OF CHILDREN IN CARE WITH A PLAN OF
REUNIFICATION
1006.10
Requirement
When the child’s permanency plan (or concurrent plan) is reunification, the SSCM
maintains a casework relationship with the parent to monitor the progress being made
toward completion of the permanency plan goals and to continually assess the family’s
readiness for reunification.
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At a minimum, a face-to-face contact between the parent and the SSCM occurs as
frequently as is needed, but no less frequently than once each month. Every other
month, the contact with the parent must take place in the residence of the parent. When
such contact standard cannot be met; e.g., parent’s whereabouts unknown, parent lives in
temporary housing (shelter or motel), parent resides out-of-state, parent is incarcerated or
hospitalized, etc., then approval to waive the contact must be obtained in writing from the
Services Supervisor and placed in the record.
Contacts must be documented with sufficient detail to determine, at a minimum, the
following information: type of contact, when it occurred, who was there, what happened
(purpose in relation to Case Plan goals/steps), and where it occurred.
1006.10 PRACTICE ISSUES
1. The SSCM needs to impress upon parents the importance of keeping the county
department informed of any moves/changes of address. When a child’s parent
resides in another county, the county of legal custody requests the other county to
work with the parents in providing “Placement Services to Parents.” (See Chapter
60, IDS definition.) A copy of the child’s Case Plan accompanies any request for
another county to provide services to t he parent.
2. If contacts with the parent are being made by outside providers (e.g.,
Comprehensive Child and Family Assessment (CCFA) Wrap-Around Service
providers), documentation of such contacts in the case record via progress notes
and/or Wrap-Around Services Documentation Report, will NOT substitute for the
SSCM’s monthly face-to-face contact standard.
3. If it appears that there is a strong likelihood of early reunification, more frequent
face-to-face contacts, especially in the parent’s home, are encouraged. In most
cases, parents who have the most contact with their SSCM are more likely to
remain motivated and engaged in the achieving the Case Plan goals.
4. Purposeful, meaningful contacts with the parent may involve the following activities:
• Dealing with parental feelings about separation from the child and visitation;
• Discussing information about the child to assist the parent in understanding
what will be required to meet the child’s needs;
• Keeping the parent focused on the reality of the situation and on the major
tasks needing attention;
• Assessing that services identified in the Case Plan are being provided and
continue to be relevant and appropriate to the identified needs;
• Assisting the parent in better utilizing or developing informal support groups,
such as neighbors, relatives, faith community, etc.;
• Obtaining signed releases so that service providers can forward timely
progress reports for documentation in the case record;
• Supporting the progress being made toward accomplishing established
goals;
• If applicable, addressing the lack of progress and any problems/barriers the
parent is encountering in achieving the identified goals/steps in the Case
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Plan. If progress is not consistent and ongoing, or if the parent is ambivalent
about parenting role, then again advising the parent of alternative
permanency planning for the child; and/or
• Reminding the parent of the “Permanency Time Line” for achieving Case
Plan goals and the outcome for permanency.
DOCUMENTATION of SERVICES
1006.11
Requirement
The Case Manager carefully and accurately documents the services offered and provided
and the family’s response to the services, including level of compliance and progress.
1006.11 PRACTICE ISSUES
1. Documentation is critical to building a case for sound decision-making, regardless of
the permanency outcome; i.e., reunification, adoption, or any other permanent
placement outcome.
2. Copies of reminder letters to parents, referrals to providers, progress reports,
collateral contact entries, etc., are examples of key documentation for the record
and the court. See Chapter 80, Social Services Documentation
Requirements (Rev 8/02), for additional suggestions for documentation.
INITIAL CASE PLANNING
1007.2
Requirement
The initial Case Plan for Reunification or, if it is determined that reunification is not
appropriate, a Case Plan proposing Non-Reunification, is developed using the CPRS. The
Case Plan is submitted to the court within thirty days of the child’s removal from the home.
1007.2 PRACTICE ISSUES
1. Conducting a thorough and comprehensive assessment of the strengths and needs of
the family, as well as a permanency assessment, are critical to developing an effective
Case Plan (See Assessment and Permanency, Section 1006).
2. Ideally, the Comprehensive Assessment is completed and its information shared at the
MDT staffing prior to the initial case planning meeting with the family. If so, the initial
Case Plan and the Comprehensive Child and Family Assessment are submitted to the
court at the same time. If the Comprehensive Assessment is not completed within the
first 30 days, then the initial Case Plan needs to be submitted to the court in a timely
manner and amended later, if necessary. When the Assessment is received, the SSCM
forwards it to the court.
3. Depending on the age and needs of the child, it may be advantageous in expediting a
permanent plan to make reasonable efforts to reunify a child with the family, while at the
same time, making reasonable efforts to achieve permanency through adoption or any
other permanent living arrangement. (See “concurrent planning” in Assessment and
Permanency, Section 1006.)
4. Due to the compressed time frames for achieving the goals of the Case Plan, intensive
quality services must be identified and provided early on to correct or change the
behaviors, safety issues or circumstances which necessitated the child’s removal from
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the home. Remember that all services and actions, which are not directly related to the
circumstances necessitating removal, cannot be made conditions of the return of the
child without further court review.
5. A reasonably diligent search for a parent (including putative father and/or his extended
family) or relative of the child or other persons who have demonstrated an ongoing
commitment to the child is initiated soon after the child enters care and continues for up
to 90 days. The results of the search are documented in writing in the CPRS “Plan
Group” section. Information about a parent should be documented on the “Caretaker”
screen. All known relatives and persons demonstrating an ongoing commitment to the
child would be entered into the “Relative” section of the Plan Group. (See 1002.3.1
Procedures.)
6. A Judicial Citizen Review Panel, if one is designated by the court, may consult with
DFCS, the parents and the child, when available, to develop the initial Case Plan.
CASE PLAN FOR REUNIFICATION
1007.3
Requirement
The initial Case Plan for Reunification focuses on the proposed reunification services that
will make it possible for the child to be returned safely to the family within a realistic time
frame. The Plan is developed with the family within 30 days of the child’s removal. It is
submitted to the court for consideration to become an order of the court. Unless the parent
requests a hearing within five (5) days of receiving the Case Plan, the court enters an order
incorporating a plan for reunification and specifying what must be accomplished before the
family can be reunified.
1007.3 PROCEDURES
The CASE MANAGER will:
1. NOTIFY THE PARENT:
Provide the parent with written notice of the case planning meeting (family team
meeting) to develop the initial Case Plan goals for reunification and discuss
placement planning for the child. Notice must be provided at least five calendar
days in advance of the meeting. (This time frame may be waived if the meeting can
be held within the first five days of placement.) The written notice shall include the
following information:
• The date, time and place the family team meeting will be held (or, if the
meeting has already been held, the notice would confirm that date);
• The Case Plan developed at the meeting will be submitted to the court for
consideration to become an order of the court; and that
• The proposed DFCS Case Plan shall be in effect until incorporated into an
order of the court.
Once adopted by the court, the Case Plan is in effect until modification by the
court.
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2. NOTIFY OTHERS:
Provide written or verbal notice to any of the following persons who may have
significant input into the development of the plan or placement of the child:
• The child of appropriate age/ level of functioning;
• Extended family of the child;
• Child’s current care giver (custodian, foster parent, relative, pre-adoptive
parent, residential child care staff, etc.);
• Resource/ service providers;
• CASA /GAL (if appointed);
• Judicial Citizen Review Panel (if designated by the court to be involved in the
development of the initial plan;
• Any other person significant to the development of the plan or placement of
the child.
3. MEET AND DISCUSS:
At the scheduled family team meeting, the Case Manager will openly and honestly
discuss the following issues:
• The time-limited nature of foster care and potentially, the detrimental effects
that prolonged placement can have upon a child;
• The need to begin immediately in determining a permanent plan for the child;
i.e., where the child can be safe and will grow up, and who may be best able
to provide for the child’s placement needs;
• The legal time frames for achieving the Case Plan outcome of reunification,
and the consequences if not achievable in a timely manner (See
“Permanency Time Lines” which may be used as a visual tool for the Case
Manager and parent to “plot” a year of case actions before the permanency
issue for the child must be settled);
• If appropriate, the need to proceed with concurrent plans for permanency as
an added assurance that permanency for the child will be achievable either
through reunification or some other means of permanency (e.g., adoption,
guardianship, placement with a fit and willing relative or another planned
permanent living arrangement);
• Reasons for placement and what the parent can do to have the child returned
home, and what the county department can do to assist;
• The critical need for the parent to immediately become involved in planning
and to cooperate in achieving the mutually developed Case Plan goals;
• The dual roles of the Case Manager in supporting the parent’s efforts, while at
the same time, monitoring the progress (or lack of progress), and reporting to
the court the outcomes.
• The optional use of Form 531 (available through Central Supply) entitled, “A
Guide for Parents of Children Placed in Foster Care,” which the SSCM
may review with the parent.
NOTE: Remember to list all participants and their relationship to the child on the
CPRS “Participation” screen.
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4. COMPLETE ALL SCREENS OF THE CPRS
5. OBTAIN SIGNATURES In
the Participant and Disclosure” part of the CPRS, have the parent, the child (if
appropriate), the SSCM and any others present sign the plan on the day of the family team
meeting. If this is not possible, the parent must be given the opportunity to sign within 30
days from the date the child entered care. Add comments to the “Participation” part of the
plan should there be any dissenting recommendations of the Judicial Citizen Review
Panel, if applicable, and any recommendations of the parents, if such are made.
NOTE: If the parents or children did not participate in the development of the case
plan, document the reason(s) on the CPRS “Participation” screen.
6. FILE AND COPY THE CASE PLAN:
File the original Case Plan in the appropriate DFCS case record. The parent’s copy
is hand delivered, if possible, at the time of the family team meeting. Otherwise, the
county department sends the Case Plan to the parent by certified mail at the same
time that the Plan is submitted to the court. Once the plan is court approved, DFCS
will provide copies to the present caregivers of the child (custodian, foster parents,
preadoptive parents, or relative), the child (if appropriate), GAL/CASA (if appointed),
and any other person significant to the plan (with a signed and written consent of the
parent).
7. SUBMIT TO THE COURT:
Submit the initial Case Plan for Reunification to the court (within 30
days of the child’s removal date). Using the CPRS, notify the judge that
the case plan has been completed; i.e., all screens are entered. Click
“signal that the court plan is ready for approval” on the “Court Plan
Status” screen. This action sends an electronic notification to the judge
that the plan is ready for review. If required by the court, the SSCM
may use a brief cover letter to transmit the Case Plan to the court,
retaining a copy of the cover letter in the case record for
documentation purposes.
8. NOTIFY THE PARENT OF HEARING RIGHTS:
The CPRS contains the written notice to the parent that the Case Plan will be
considered by the court without a hearing unless, within five days from the date
the copy of the plan is received, the parent requests a hearing before the court to
review the plan. The Case Manager may assist the parent, if necessary, in
preparing a written request for a hearing if a hearing has not already been requested
on the CPRS.
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1007.3 PRACTICE ISSUES
1. If a hearing is not requested or scheduled by the court on its own motion, and
the time to request a hearing (5 days) has expired, the COURT will:
- Initially review the department’s proposed Case Plan for Reunification;
- Enter an order (dispositional or supplemental) that incorporates those
elements of the plan for reunification services which the court “finds
essential to achieve reunification of the child and family.” Once the court
adopts the Case Plan, it remains in effect until modification by the court.
2. If a hearing is requested by the parent, the COURT will:
- Provide advance written notice of the hearing or direct a party (e.g.,
DFCS) to provide notice and the right to be heard at a hearing to the
following individuals who presently care for the child: the custodian, foster
parent, preadoptive parent or relative. Note: This notice is consistent in
form and timing of notice that is afforded any party to the hearing.
However, this provision shall not be construed to require any of these
individuals be made party to the hearing solely on the basis of having
received such notice and opportunity to be heard.
- Hear the evidence, which may include oral and written testimony offered by
the parent, the custodian of the child, the foster parents, the preadoptive
parents, the relatives caring for the child and DFCS; and
- Enter an order which
- Accepts or rejects the DFCS recommendation and Case Plan (all or
part);
- May order an additional evaluation;
- May appoint a guardian ad litem;
- May undertake other reviews, as it deems necessary to determine
the disposition that is in the child’s best interest;
- Includes findings of fact that reflect the court’s consideration of the
oral and written testimony offered by the parents, the custodian of
the child, the foster parents of the child, any preadoptive parents or
relatives providing care for the child and DFCS;
- Makes a disposition only if the court finds that such disposition is in
the best interest of the child;
3. Once the Case Plan is court-approved, the COURT will:
- Provide a copy of the order and court approved Plan to the usual parties.
- As stated in law, hold DFCS responsible for providing copies of the plan to
the following:
- Present caregivers of the child (custodian, foster parents,
preadoptive parents of the child, relatives providing care of the
child,
- Child (if appropriate)
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- GAL/CASA (if appointed)
- Any other significant person (with the signed and written consent of
the parent)
CASE PLAN for NON-REUNIFICATION
1007.4
Requirement
Should the county department submit an initial Case Plan to the court that does not
recommend reunification as the permanency plan, additional documentation is required.
The court shall no later than 30 days following the filing of the Case Plan for Non-
Reunification, hold a permanency hearing. At such time, the proposed plan is reviewed
and the court shall determine by clear and convincing evidence whether “reasonable efforts
to reunify a child with his or her family will be detrimental to the child and that reunification
services, therefore, should not be provided or should be terminated.” A revised
permanency plan for the child will be incorporated into an order.
1007.4 PROCEDURES
The CASE MANAGER will:
1. NOTIFY THE PARENT:
Provide the parent with written notice of the case planning meeting (family team
meeting) to develop the initial Case Plan and to discuss placement planning for the
child. Notice must be provided at least five calendar days in advance of the meeting.
(This time frame may be waived if the meeting can be held within the first five days
of placement.) The written notice to the parent shall include the following
information:
• The date, time and place of the family team meeting (or, if the meeting has
already been held, the notice would confirm that date);
• The Case Plan developed at the meeting will be submitted to the court for
consideration to become an order of the court; and that
• The proposed DFCS Case Plan shall be in effect until a hearing may be held
and then, the court enters an order. Once the Case Plan is adopted by the
court, it is in effect until modification by the court.
2. NOTIFY OTHERS:
Provide written or verbal notice to the following persons who may have significant
input into the development of the plan or placement of the child:
• The child of appropriate age/ level of functioning;
• Extended family of the child;
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• Child’s current caregiver (custodian, foster parent, relative, pre-adoptive
parent, residential care staff, etc.)
• Resource/ service providers;
• CASA/GAL (if appointed);
• Judicial Citizen Review Panel (if designated by the court to be involved in the
development of the initial Plan; and/or
• Any other person significant to the development of the plan or the placement
of the child.
3. MEET AND DISCUSS
At the scheduled family team meeting, the Case Manager will openly and honestly
discuss the following:
• The reasons for placement and the circumstances/reasons which lead the
county department to conclude that reunification is not appropriate for the
child;
• The time-limited nature of foster care and the potentially damaging effect that
prolonged placement can have upon a child;
• The need to begin immediately in determining a permanent plan for the child;
i.e., where the child can be safe and will grow up and who may be best able
to provide for the child’s placement needs;
• Services (other than reunification) that the county department can offer and/or
arrange for the parent as outlined in the Case Plan; e.g., visitation.
• The right of the parent to have a hearing within 30 days of the court’s receipt
of the department’s Case Plan recommending Non-Reunification; and
• The optional use of Form 531 (available through Central Supply) entitled, “A
Guide for Parents of Children Placed in Foster Care” which the SSCM
may review with the parent.
NOTE: Remember to document all participants and their relation to the family on the
CPRS “Participation” screen.
4. COMPLETE ALL SCREENS OF THE CPRS:
In the “Non-Reunification” portion of the CPRS, a checklist is provided which outlines
the circumstances and/or conditions to support the court’s finding that “reasonable
efforts to reunify will be detrimental to the child and therefore, reunification services
should not be provided.” Select one or more reasons and document.
Also, check whether DFCS intends to file a petition to terminate parental rights and if
so, when. If the Case Manager indicates that DFCS does not intend to petition for
termination of parental rights, the court MAY appoint a Guardian ad Litem with the
charge of determining whether termination proceedings should be commenced.
If the revised permanency plan is adoption, the Case Plan documents the steps to
be taken by DFCS to find (or finalize) an adoptive home (placement) including child-
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specific recruitment efforts to be taken (or already taken); e.g., state, regional and
national adoption exchanges/electronic exchanges. If the revised permanency plan
is guardianship or permanent placement with a fit and willing relative, the Case
Plan documents the steps to be taken (or already taken) to finalize the permanent
placement. If the revised permanency plan is to place the child in “another planned
permanent living arrangement;” e.g., long-term foster care or emancipation, the
Case Plan must also document a “compelling reason” why none of the other, “higher
priority” permanency plans, are in the best interest of the child.
NOTE: Regardless of the permanency plan, goals and steps must be entered into
the Non-Reunification section found on the “Goal Summary” screen.
5. OBTAIN SIGNATURES:
In the “Participant and Disclosure” part of the CPRS, have the parent, the child (if
appropriate), the SSCM and any others present sign the plan on the day of the
family team meeting. If this is not possible, the parent must be given the opportunity
to sign within 30 days from the date the child entered care. Add comments to the
“Participation” part of the plan should there be any dissenting recommendations of
the Judicial Citizen Review Panel, if applicable, and any recommendations of the
parents, if such are made.
NOTE: If the parents or children did not participate in the development of the case
plan, document the reason(s) on the CPRS “Participation” screen.
6. FILE AND COPY:
File the original Case Plan for Non-Reunification in the appropriate DFCS case
record. The parent’s copy is hand delivered, if possible, at the time of the family
conference. Otherwise, the county department sends the Case Plan to the parent by
certified mail at the same time that the Plan is submitted to the court. Once the
plan is court approved, DFCS will provide copies to the present caregivers of the
child (custodian, foster parents, preadoptive parents, or relative), the child (if
appropriate), GAL/CASA (if appointed), and any other person significant to the plan
(with a signed and written consent of the parent).
7. SUBMIT TO THE COURT:
Submit the initial Case Plan for Non-Reunification to the court within 30
days of the child’s removal date. Using the CPRS, notify the judge that
the case plan has been completed; i.e., all screens are entered. Click
“signal that the court plan is ready for approval” on the “Court Plan
Status” screen. This action sends an electronic notification to the judge
that the plan is ready for review. If required by the court, the SSCM
may use a brief cover letter to transmit the Case Plan to the court,
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retaining a copy of the cover letter in the case record for
documentation purposes.
8. NOTIFY PARENT OF HEARING RIGHTS:
The CPRS provides written notice to the parent that the court will hold a permanency
hearing within 30 days of the receipt of the Case Plan for Non-Reunification to
review the county department’s determination that reunification services are not
appropriate.
CHANGES IN THE COURT-ORDERED PLAN
1007.20
Requirement
Should significant changes occur requiring an amendment to the court-ordered Case Plan,
the county department shall file a motion for a hearing so that the court may consider the
recommended changes, make any necessary findings, modify the Plan and enter a new
supplemental order. An interim step may also involve contacting the local Program
Coordinator to schedule another Judicial Citizen Review as soon as possible.
PANEL CASE REVIEW
Federal law requires periodic review of children in care by either a court or an
administrative body (a panel). While Georgia’s law establishes Judicial Review, certain
cases may be appropriate for Panel Case Review. The requirements and procedures for
conducting these reviews are set forth in PL 96-272.
The most distinctive feature of Panel Case Review is that it must be conducted by a three-
person panel of DFCS staff, at least one of whom is not responsible for the case
management or delivery of services to the child or parent. This provision is intended to
ensure objectivity in case planning and decision-making. Panel Case Review must be
open to the participation of the birth parent and child. Reviews must meet certain
periodicity requirements; that is, they must be held no less frequently than once every six
months. However, Federal law allows a thirty-calendar-day grace (beyond the six months)
to hold the review. The next review date will be scheduled six months from the last date of
review.
CHANGES TO THE CASE PLAN AND APPEAL RIGHTS
1007.32
Requirement
Should it become necessary to make any changes to the Case Plan, the parent is
informed in writing of the action and the parent’s right to appeal through an Administrative
Hearing process (See LEGAL: Administrative Hearings and Appendix P for “Notification
Form for Change in Case Plan/ Services - Placement”).
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Foster Care Services: Placement of a Child
Table of Contents
Section Heading
1009.1 Placement Planning
1009.2 Placement
1009.3 Parent-Child Visitation at Initial Placement
1009.4 Written Plan for Visitation
1009.5 Standard for Parent-Child Visitation
1009.6 Unsupervised, Overnight Visits Approved by Court
1009.7 Preserving Sibling Connections to their Families
1009.8 When Siblings are Placed in Separate Homes
1009.9 Grandparent Visitation
1009.10 Visits with Significant Others
1009.11 Disruption in Placement
1009.12 Decision to Remove
1009.13 Written Notice to the Parent
1009.14 Emergency Removal
1009.15 Written Notice to Foster Parent of Removal
1009.16 Replacement of the Child
1009.17 Trial Home Placement (Legal Custody Retained)
1009.18 Aftercare and Placement Supervision
1009.19 Time Limits for Aftercare Services
1009.20 Aftercare Case Plan
1009
Placement of a Child
The removal of a child from his home represents the most extreme alternative the county
department can take to assure a child is protected. Typically, a child entering care feels
much self-blame for what has happened. Fears are exaggerated in the child’s mind.
Removal is equated with the loss of family, perhaps even permanently.
The placement process must be carefully managed in order to minimize the impact of
separation and loss experienced by the child. Reunification is more likely to occur when
frequent and consistent visitation between parent and child occurs. When the child
experiences a disruption in placement and must be replaced, careful planning and
preparation must again occur to assist the child in getting through another loss. When
safety can be assured for the child, reunification should occur. Aftercare services offer
support to the reunified family and better assure that the child can be safely maintained in
his/her home.
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PLACEMENT PLANNING
1009.1
Requirement
When possible, the parent (or other appropriate member of the family) should participate in
the actual placement of the child in the foster home/facility.
PROCEDURES
In order to help the child adjust to the placement, the following should occur to the extent
possible:
Have the parent tell the child good-bye, explain that it is O.K. for the child to stay with this
family and let the child know when the first parent and child will visit for the first time.
If appropriate, encourage the parent to accompany the child to the home/facility.
When possible, have the child take clothing, special toys, family photographs/mementos,
etc., to help provide a connection to his/her family.
Schedule the placement at the time when normal family/facility activities will soon occur
and most family members/other children at the home/facility will be present.
PLACEMENT
1009.2
Requirement
The foster home provider receives the following information in accordance with the
specified time frames:
A. Form 40 (Agreement Supplement): Signed at the time of placement
B. Form 469 (Foster Child Information Sheet): Prior to or at the time of placement
C. Medical and Educational Information: As soon as available
D. Current Case Plan: As soon as available
PRACTICE ISSUES
 The Agreement Supplement provides the foster parent and DFCS with a written and
dated confirmation of the child being placed into (or removed from) a foster home.
A copy is given to the foster parent (with the original being filed in the child’s
record). If Form 40 is not provided at the time of placement, ensure that the form is
executed and a copy given to the provider on the next business day.
 The Foster Child Information Sheet gives the provider written information
concerning the child and his/her needs and/or preferences. If such information is
not immediately available, provide what information the county department has at
the time. Supplemental information can be obtained and shared at a later date.
Document in the case record that the Form 469 was given to the provider (with a
copy in the case file). If Form 469 is not provided at the time of placement, ensure
that the form is executed and a copy given to the provider on the next business day.
 It is a federal requirement at the time of initial placement (and each time a child in
care moves) that the provider be given updated medical and educational
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information on the child. At a minimum, the information contained in the Case Plan
(medical and educational portion) satisfies this requirement. Document in the case
record that the placement provider received this information.
A copy of the most recent Case Plan is always given to the placement provider.
PARENT/CHILD VISITATION AT INITIAL PLACEMENT
1009.3
Requirement
If possible, a child initially placed should have a family visit in the first week following
placement. If a visit cannot be arranged, then plans should be made for a telephone or
written contact during the first week of placement.
PRACTICE ISSUE
The child’s confusion and anxiety can be greatly reduced by arranging some form of
contact with birth family as soon as possible following placement. The child is reassured
that the parent is still available and concerned about him/her. Another psychological
advantage for the child is that he/she senses parental “permission” for being placed away
from the parent. This alleviates much of the guilt most children feel when placed. As
always, safety of the child is a paramount concern when considering the benefits of parent-
child contacts.
WRITTEN PLAN FOR VISITATION
1009.4
Requirement
A plan for parental visitation with the child is part of every Case Plan, a copy of which is
provided to the parent. Should the Case Manager and supervisor determine that visits are
detrimental to the child, the reasons for ceasing visitation must be well documented in the
case record, and, whenever possible, be supported by professional opinion or a court
order. The parent must have the reason for ceasing or limiting visits explained verbally
and in writing. (See appeal rights of parents through the court or through an Administrative
Hearing as outlined in Section 1013 Legal.)
PROCEDURES
If visitation arrangements are specified in a court-ordered Case Plan, then any modification
to the visitation schedule may require the filing of a motion to amend the Plan.
If the Case Plan is not incorporated into a court order, then any change in the visitation
plan must follow the policy contained in Section 1013 Legal, concerning Administrative
Hearings.
If the county department is contemplating overnight, unsupervised visits, approval of the
court must first be obtained. (See Section 1009.6.)
PRACTICE ISSUES
 It is a right, as well as a responsibility, for the parent to maintain meaningful contact
with his/her child while in care. (See Section1013, Legal regarding the court’s
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consideration of the parent’s efforts to maintain contacts and parent-child bonding
when a termination of parental rights action is before the court.)
 Visits represent the most significant means of developing, maintaining or enhancing
parent-child attachment.
 The frequency of visits is the greatest predictor of timely reunification.
 Generally, the child who is visited makes a more successful adjustment to foster
care and experiences a greater sense of well-being than does the child whose
parent visits infrequently or not at all.
 The county department has the responsibility to reach out to parents and assure
that a pattern of regular visitation is established early in placement. Parents may
require strong encouragement and support to exercise their visitation rights. The
parent who misses visits, shows up late, seems disinterested, etc., may be
experiencing great discomfort at having to continually face the reality of having the
child taken away. The parent may respond to a better understanding of how
important visitation is to the child when encouraged by the Case Manager.
 For more successful visits, planning with the child, foster parent and parent in
advance of the visit may be helpful. If there are difficulties experienced in relating to
the child, the Case Manager may need to assist the parent in developing more
meaningful ways of interacting with or relating to the child such as activities, games,
etc. The parent and child may need assistance in understanding when and how to
end a visit and say good-bye. Post-visit discussions with the child, foster parent
and parent may assist in planning for the next visit.
 It is anticipated that face-to-face contacts between a parent and child will be
stressful. The reasons for placement and separation will surface, along with the
feelings on the part of both the parent and child around those issues. Typically, the
child will express his feelings through his behavior prior to or following a visit; e.g.,
aggressiveness, temper tantrums, bed-wetting, angry outbursts, crying, etc. A child
who is particularly upset by visits may need additional assistance and support by
the Case Manager and foster parent to verbalize his/her feelings about the parent,
the reasons he/she is in care, the purpose and expectations of having visits with
his/her family, etc.
 Visits provide parents with opportunities to practice appropriate parenting behavior
and obtain feedback. Parental readiness and capacity for reunification can be
assessed and documented in the case record and Case Plan.
 An incarcerated parent retains visitation rights. It may be necessary for the county
department to arrange for or to provide transportation where agency resources
permit. Other forms of meaningful contact can include letters, cards, calls, etc.
STANDARD FOR PARENT – CHILD VISITATION
1009.5
Requirement
When agency resources allow, visitation shall be scheduled at two-week intervals, unless
the court has specified another visitation arrangement.
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PRACTICE ISSUES
 The following guidelines should be considered when scheduling parent/child
visitation:
 The younger the child, the more frequent visitation is needed for the child to
maintain a relationship with the parent.
 Supervised office visits may offer the best opportunity to assess how visitation
affects the parent and the child and the quality of the interaction, especially during
the first visits after the initial placement.
 Visits should be held in the least restrictive, most relaxed environments possible.
Parks, playgrounds, and even the home of the foster parent or parent may offer
alternatives to office visits.
 Visits should be scheduled taking into account:
 Child’s eating, sleeping and activity patterns;
 Parent’s work schedule or other responsibilities;
 Activities and responsibilities of the home/facility,
 Ideally, visits should involve parents in routine activities of parenting such as
attending his/her child’s school functions, special occasions and medical check-ups,
as well as engaging in feeding, diapering, and other direct child care
responsibilities.
 Family visits should become more frequent and of longer duration when placement
with the parent nears. Visits in the home of the parent are important in the transition
from foster care to the home, but require the approval of the court. (See Section
1009.6.)
UNSUPERVISED, OVERNIGHT VISITS APPROVED BY COURT
1009.6
Requirement
When the county department is considering unsupervised visits, overnight visits between
the child and his/her parent, relative or person who:
previously had custody; and/or was involved in the maltreatment of the child,
THEN prior approval must be obtained from the court.
PRACTICE ISSUE
Should the court-ordered Case Plan already address unsupervised, overnight visits,
approval from the court is not necessary.
PRESERVING SIBLING CONNECTIONS to their FAMILIES
1009.7
Requirement
Whenever possible, efforts should be made to place siblings together in care to preserve
their connections to family.
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1009.7 PRACTICE ISSUE
Placing siblings together lessens separation trauma, eases the stress on their parents,
reinforces the importance of family relationships, and facilitates visits and communication
between children and their parents.
WHEN SIBLINGS ARE PLACED IN SEPARATE HOMES
1009.8
Requirement
If siblings must be placed in separate homes/facilities, frequent and regular contact
between the children needs to be maintained. There must be documentation in the Case
Plan as to why it was necessary to place siblings in separate homes/facilities; e.g., due to
the lack of available resources, pattern of disrupted placements, individual needs of the
child that could only be met in separate placements, etc. The reason/explanation is
documented in the Case Plan item that relates to whether the child is placed in the “most
family-like setting.”
1009.8 PRACTICE ISSUES
Placement of siblings apart from each other should take place very rarely, and only if
placement together would be contrary to the developmental, treatment and safety needs of
a given child.
Separating siblings compounds the child’s sense of loss and feelings of being
disconnected from family.
Siblings should share in special times like birthdays, graduation, and other significant
family events.
Besides face-to-face visits, other forms of contact may include telephone calls and letters.
All contacts between siblings are documented in the case record.
GRANDPARENT VISITATION
1009.9
Requirement
The county department may grant the request of a grandparent to visit the child in care if it
is deemed important for the child. Depending on the interaction between the grandparent
and the child, the agency can supervise the visits when needed.
1009.9 PRACTICE ISSUES
Should DFCS not grant grandparent visitation, the grandparent has the legal right
according to O.C.G.A. Section 19-7-3, to petition the court for visitation rights with a minor
child when:
The minor child’s parents are divorced;
The parental rights of either parent have been terminated;
The parent of the child is deceased; or
The child has been adopted by the child’s blood relative or by a step-parent.
Note: “Grandparent” (as used in this provision of the law) refers to the parent of a minor
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child’s parent; the parent of a minor child’s parent who has died, or the parent of a minor
child’s parent whose parental rights have been terminated.
Reasonable visitation rights between the grandparent and the child may be granted if the
court finds:
The health or welfare of the child would be harmed unless such visitation is granted; and
The best interest of the child would be served by granting the visitation request.
VISITS WITH SIGNIFICANT OTHERS
1009.10
Requirement
Other family members or friends, with whom the child has had a significant, positive
relationship before entering care, may visit when the county department deems it important
for the child.
PRACTICE ISSUES
When parents object to certain individuals having visits with their child while in DFCS
custody, the Case Manager needs to understand the reasons for the parent’s objection
and determine if such contact is indeed contrary to the well-being of the child. Should the
county department arrange contacts despite the objections of the parent, the Case Plan
must clearly document all of the reasons for the parent’s objections. The approval of the
court must be obtained.
When visits with significant others are not supervised, the Case Manager is responsible for
assessing the adequacy and safety of the “visiting resource.” (See 1004 Placement
Resources, for the outline used in conducting an assessment.)
The county department must be notified of and approve all contacts and visits the child has
with adult friends and family.
DISRUPTION IN PLACEMENT
1009.11
Requirement
When the placement resource notifies the county department of possible disruption, all
possible efforts must be taken to prevent an abrupt or unnecessary replacement of the
child.
PROCEDURES
The following guidelines are followed when removal is being considered:
Whenever possible, assist the placement resource to maintain the child for at least two
weeks while another placement resource is being identified/developed.
Evaluate with the placement resource the reasons for possible disruption.
Determine if additional support services to the placement resource person could alleviate
the need for removal of the child.
Determine if additional services to the child could alleviate the need for removal of the
child.
Consult with the Supervisor in making the final decision about removing the child.
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PRACTICE ISSUES
The placement resource may request removal due to reasons involving the care of the
child or due to circumstances that are beyond the control of the family/facility or child. In
any case, the request for removal needs to be explored fully before any action is taken.
Since every move compounds the child’s sense of loss, it is essential that resolution be
attempted first.
DECISION TO REMOVE
1009.12
Requirement
Whenever the decision is made to terminate the placement, there must be adequate
preparation of the child and placement resource.
PRACTICE ISSUES
The following steps should be followed in preparation for disruption of placement:
During face-to-face contact, the Case Manager, foster parent and the child should discuss
the reason for the need to change placement in honest and nonjudgmental language.
The Case Manager and the child should talk about possible placement resources and
progress in finding an alternate placement.
When a child is placed in an Institutional Foster Care facility, facility staff may discuss with
the child the reasons for the move and the progress in obtaining alternate placement.
If possible, the placement resource should assist the Case Manager with planning for the
child’s actual removal.
WRITTEN NOTICE TO THE PARENT
1009.13
Requirement
In accordance with PL 96-272, the county department must give the parent written notice
of the intended change in placement that includes the following information:
The parent has the right to object by contacting the Case Manager; and/or
The parent has the right to appeal the decision to the Office of Administrative Hearings, if
not resolved locally.
Unless the parent signs a waiver, no action is to be taken for 30 days to allow the parent
sufficient time to appeal.
PROCEDURE
Mail a copy of the Notification Form for Change in Case Plan/Services – Placement (See
Appendix R) which provides the required written notice.
1009.14 PRACTICE ISSUES
Should a change of placement be necessary, the parent may respond in one of the
following ways:
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 Understand and agree to the change verbally and in writing;
 Object to the change, but agree to a meeting with the Case Manager and the
Supervisor to discuss the parent’s objections and the reasons for the change; or
 Fail to reach a satisfactory resolution as a result of Practice Issue (B), and request
an Administrative Hearing. (See Section 1013 Legal.)
EMERGENCY REMOVAL
1009.14
Requirement
If an emergency situation forces a change in placement, the county department must give
written notice to the parent of the change in placement that includes the following
information:
The parent has the right to object by contacting the Case Manager; and/or
The parent has the right to appeal the decision to the Office of Administrative Hearings, if
not resolved locally.
PROCEDURES
 When circumstances dictate the emergency removal of the child, the Case Manager
takes the following steps:
 Obtain approval of the emergency action by the County Director/designee within
two (2) working days of the action.
 Mail a copy of the Notification Form for Change in Case Plan/Services – Placement
(See Appendix R) within three (3) working days of the action taken.
 Should the parent object to the change, arrange a conference with the parent, the
Case Manager and the Supervisor to discuss the parent’s discussion and the
reasons for the change.
 If the conference does not resolve the parent’s objection, explain the parent’s right
to an Administrative Hearing. (See Section 1013 Legal.)
 Document the case specifics of the emergency situation.
WRITTEN NOTICE TO FOSTER PARENT OF REMOVAL
1009.15
Requirement
When it is the agency’s decision to move a child from a foster home, the foster parent is
given in writing a ten-day notice of intent to move the child prior to moving him/her.
(EXCEPTION: No advance written notice is necessary if the child is clearly at risk and
must be removed for safety reasons.)
PROCEDURES
Depending on the circumstances of the agency removal of the child, notice is provided to
the foster parent in the following ways:
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 If a move is planned due to circumstances within the foster home or to the foster
parent’s inability to meet the child’s needs, notify the foster parent in a letter and
provide an explanation that:
 During this period of time, the foster parent is given the opportunity to consider the
move. If requested by the foster parent, the ten-day wait may be waived.
 If the foster parent believes that the move is not in the best interest of the child, the
foster parent may file a grievance. The child may not be moved until the grievance
is resolved. NOTE: A return to the birth family or a court-ordered placement is not
a grievable issue. (See Foster Parent Manual for forms and instructions for filing a
grievance.)
 If a move is anticipated due to the decision to terminate parental rights and seek a
permanent home, then notify the foster parent via Form 149 (Notification to Foster
Parents of Intent to Petition for Termination of Parental Rights) of the county
department’s plan and the options of the court regarding permanent custody of the
child.
 When rights have been terminated (or surrendered) and the search for an adoptive
home is planned, then notify the foster parent via Form 150 (Foster Parent Affidavit
for Consideration of Adopting Foster Child Currently in Home) to make an informed
decision regarding an interest in adopting.
 When the staffing is held to make placement plans for the child, provide the foster
parent with Form 151 (Foster Parent Notification of Decision Regarding Adopting
the Foster Child Currently in Home) and ask the foster parent to complete and
return within 30 days of the staffing regarding his/her interest in being considered to
adopt.
REPLACEMENT OF THE CHILD
1009.16
Requirement
In selecting a placement resource, the Case Manager and the Supervisor must carefully
evaluate the type of placement needed by the child utilizing the criteria in Section 1004
Placement Resources.
PROCEDURES
Engage the child in a pre-placement discussion and visit at the selected placement
resource. (If possible, have the parent participate in the process.)
Provide the child with an opportunity of saying “good-bye” to the foster parent and other
family members or to important facility staff and peers.
Give the placement resource, in writing, as much information about the child as possible.
At a minimum, the foster parent receives the following in accordance with the specified
time frames.
 Form 40 (Agreement Supplement)
 Form 469 (Foster Child Information Sheet)
 Updated Medical and Educational information
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 Most recent Case Plan
Give the facility resource, in writing, as much information about the child as possible. At a
minimum, the provider receives the following in accordance with the specified time frames:
Form 448 (Institutional Foster Care Agreement)
Updated Medical and Educational Information
Most recent Case Plan
Any additional child information that may or may not be already included in the Application
materials.
1009.16 PRACTICE ISSUES
1. All moves experienced by a child will revive earlier feelings associated with
past separations and entry into care. Helping a child express his/her feelings
and concerns, as well as find appropriate ways to grieve, will make the
replacement go smoother.
2. The selection of the best possible placement resource capable of meeting
the child’s needs, is enhanced when there are several resource options from
which to choose.
Ideally, pre-placement activities should be as thoughtfully planned as a child’s initial
placement into care under non-emergency circumstances.
TRIAL HOME PLACEMENT (LEGAL CUSTODY RETAINED)
1009.17
Requirement
If part of the Case Plan and if approved by the court, a trial home placement may be
considered as preparatory step for reunification when:
The risks for maltreatment have been sufficiently alleviated/resolved so that the child’s
safety can be ensured in his own home; AND
The court has approved or directed the placement prior to the retransfer of the child’s
physical custody.
PROCEDURES
Conduct a face-to-face meeting with the parent and child of appropriate age/level of
functioning, to discuss the planned home placement.
Ensure that the Case Plan addresses the specific goals/steps that reflect the conditions for
the child to be safely maintained in the home.
Notify the court so that the court can approve or direct the placement prior to returning
physical custody of the child to the parent/relative/person who previously had physical
custody and/or was involved in the maltreatment of the child.
1009.17 PRACTICE ISSUES
A trial home visit should never be attempted unless the placement is expected to be
successful. It will require careful planning and preparation prior to and following the
reunification.
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Wraparound and other support services need to be provided and/or arranged to support
the reunified family such as counseling, child care, financial assistance, health care,
housing, in-home services, etc.
See Eligibility Section 1003, regarding a child maintaining IV-E eligibility if the trial home
visit is less than six months (or other time frame ordered by the court), and it becomes
necessary for the child to re-enter care.
The child needs to be prepared so that the transition is as smooth as possible. The Case
Manager should discuss the move soon enough to allow time for adjustment and should
give information about the actual date, time, circumstances, etc., of the move. The child
should know how the Case Manager would continue to be involved with the child and
family.
AFTERCARE and PLACEMENT SUPERVISION
1009.18
Requirement
When the court has transferred custody of a child to his/her parents or other custodian, the
county department may only provide aftercare services/placement supervision by court
order. In the event that the child’s return to the parent is the result of the parent signing a
Form 518 (Termination of Voluntary Agreement to Place Child in Foster Care), aftercare
services are dependent on the willingness of the parent to participate.
TIME LIMITS FOR AFTERCARE SERVICES
1009.19
Requirement
When the physical and legal custody of a child has been returned to the parent/relative,
the Case Manager may provide aftercare services up to 12 months (or longer, if ordered
by the court) to support the reunified family.
1009.19 PRACTICE ISSUES
Post-placement activities assist the family in adjusting to the placement and in assuming
full responsibility for the child.
Services may be provided to or arranged for the family through referrals to community
agencies.
Monitoring the child during post-reunification focuses on safety issues as well as the
provision of care that meets the child’s basic needs.
AFTERCARE CASE PLAN
1009.20
Requirement
An Aftercare Case Plan is mutually developed and periodically reviewed to address the
specific goals/steps for the child to be safely maintained in the home.
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PROCEDURES
 Arrange a meeting or family conference to discuss services needs of the reunified
family.
 Identify the specific goals and steps that the family must meet in order for the child
to be safely maintained in the home.
 Monitor the child in placement by making monthly face-to-face visits (See contact
requirements in Section 1011 Service Needs of the Child.)
 Document with sufficient detail the parent’s progress with achieving the Case Plan
goals and in meeting the needs of the child.
 Discuss the termination of agency supervision and services with the parent in a
family conference or face-to-face visit once the home is stable and/or the period of
court-ordered supervision expires.
 Provide referrals, as needed, to other agencies/programs for the family to maintain
the health, safety and well-being of the children.
Foster Care Services: Legal
CLIENT ACCESS TO RECORDS
The right of a parent to have access to information in the case record is one of the
provisions outlined in a Federal consent order signed as a result of the J.J. v. Ledbetter
class action suit. If any conflict exists between this Manual section and the Federal
consent order, the provisions contained in Appendix P shall control.
1013.2
Requirement
Any parent/guardian of a child for whom Department has placement authority, is entitled to
receive copies, upon request, of all the following portions of the case record pertaining to
the parent/guardian and the child:
1. Contact sheets summarizing information observed or given orally by parents and
others to the Case Manager except as expressly prohibited (see below).
2. Family Assessment, 30-Day Case Plan (Form 389), Case Review (Form 390),
Written Transitional Living Plan (Form 391), Social Services - Case Plan (Form
387), Case Plan: Goals and Steps (Form 388), Case Review Summary.
3. Other summary reports prepared by county department staff.
4. Court petitions and orders.
5. Service plans, goals and objectives, and service agreements other than those in 2
above.
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6. Pictures of abuse and neglect (pictures may be viewed by the client and/or his
attorney at reasonable times arranged with the Case Manager.
The following portions of the case record shall not be released to the parent/guardian by
the county department:
1. Any initial or corroborating reports of child abuse and neglect or information in the
case record quoted from third parties constituting a direct report of child abuse or
neglect.
2. Medical records (e.g., hospital records or physicians’, psychologists’, psychiatrists’
evaluation and treatment summaries).
3. School records.
4. Information from other public and private agencies, including other DHR agencies.
5. Reports, correspondence, or verbal quotes from privileged sources, such as
psychologists, psychiatrists, ministers, etc.
6. Information from or about a spouse or other adult family member without a written
authorization from the person(s) involved.
All other information in the case file not excluded by this section will be released to
the parent/guardian or legal representative of the parent/guardian upon presentation of
a duly signed authorization.
1013.2 PROCEDURES
1. Give the parent the form, “Information Which May Be Maintained in Case
Records by County Department of Family and Children Services,” when the
case is opened (See Appendix P).
2. Explain this form to the parent, preferably during a face-to-face contact. Otherwise,
provide a written explanation.
3. Document on the Form 452 that the form and the explanation have been given to
the parent.
4. Remove or obliterate any information that cannot be released by the county
department prior to the parent or the parent’s attorney seeing the case record or
receiving copies of releasable portions.
5. Provide free of charge copies of the 30-Day Case Plan, Family Assessment, Case
Review, Written Transitional Living Plan, Social Service - Case Plan, Case Plan:
Goals and Steps, Case Review Summary, and any document other than the above
which constitutes a case plan or service agreement generated by the county
department when requested by the parent or attorney.
6. Provide all other releasable material at a cost of no more than .25 cents a page,
advising the parent in advance of the cost. Establish procedures in the county
department to ensure the accountability for any funds collected.
7. Provide the releasable material to the parent within ten working days of the receipt
of the oral or written request. Provide a general statement if any of the information
cannot be released, informing the parent of the type of information being withheld
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and why.
8. Provide a list of primary sources and a general statement of the type of information
each source produced if the parent requests to review or have copies of information
the county cannot release. Give the form, “Non-Objection to Subsequent
Release of Information by Primary Sources” to the parent (See Appendix P).
9. Obtain a written authorization from each adult family member before releasing
information about him or her.
ADMINISTRATIVE HEARINGS
As a result of the J.J. v. Ledbetter class action suit, parents of children in DFCS custody are
provided due process rights of appeal. (See Appendix P for details regarding the suit and the
provisions of settlement.) Specifically, a parent may request a hearing whenever there is
disagreement with an agency decision to “deny, reduce or terminate a social service or
visitation.” The appeal process for the parent is handled by an Administrative Law Judge
(ALJ) with the Office of State Administrative Hearings (OSAH). The ALJ conducts the
hearing and issues a decision that is binding upon DFCS. If the parent is not satisfied with
the initial decision, the parent may appeal to the DHR Legal Services Office for a final
administrative decision. Further appeal rights are afforded parents through a separate legal
action outside of the Department of Human Resources.
Special Note: When a parent disagrees with a decision or a service which is part
of a court-ordered Case Plan (or a Plan being submitted to become an order of
the court), the appeal rights of a parent are exercised through juvenile court,
rather than through an administrative hearing process. While the number of
administrative hearing requests are few in Placement cases, other programs such as
Adoption Assistance and Child Care, follow the same hearing procedures outlined in
this section. If any conflict exists between this Manual section and the Federal
consent order in Appendix P), the terms of the consent order shall control.
1013.3
Requirement
The county department shall not limit or interfere with the parent’s freedom to request an
administrative hearing when the parent disagrees with any of the following decisions:
1. A social service is denied, reduced or terminated;
2. Visitation (or transportation to visitation) is being denied, reduced or terminated;
3. A determination is being made that the parent must participate in a service as outlined
in the Case Plan (not court-ordered);
4. The county department has failed or is unable to provide/arrange certain services and
supports as specified in the Case Plan (not court-ordered); or
5. A change in the Case Plan (not court-ordered) is being made.
1013.3 PRACTICE ISSUES
1. Counties should develop procedures to resolve differences without a hearing. The
procedures should include how the county department will take prompt action to
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resolve complaints, beginning with the Case Manager reviewing the situation with the
parent.
2. If the issue is not resolved locally and/or if the parent requests an appeal, the request
should be processed in a timely manner in accordance with the outlined procedures.
3. With respect to the “denial, reduction or termination of a social service” as a
basis of appeal, the “services” are those which may be requested by or previously
received by the parent. They may be provided directly by DFCS staff or
purchased/paid for by the county department.
NOTICE TO THE PARENT
1013.4
Requirement
The parent shall be informed in writing at the time of any agency action denying, reducing or
terminating social services or reasonable visitation (See Requirement 1013.3). The written
notice includes: the parent’s right to appeal the change or decision within 30 days;
information on how to obtain a hearing and how to be represented by legal counsel, a friend
or other spokesperson.
1013. 4 PROCEDURES
1. Provide notice to the parent with the form, “Notification Form for Change in Case
Plan/Services - Placement” (See Appendix P).
2. Maintain a copy of the completed form in the case record for documentation purposes.
3. Implement the agency’s decision if the parent formally accepts the proposed change
and waives his/her right to a hearing by signing the “Waiver of Administrative
Hearings - Placement” (See Appendix P).
4. DO NOT IMPLEMENT the agency’s decision/proposed change if the parent requests
a hearing (See 1013.5 for procedures).
REQUESTING A HEARING
1013.5
Requirement
The county department shall have the responsibility to assist the parent, as needed, in
requesting an administrative hearing. This includes:` providing the necessary form,
explaining the time factors and, if necessary, facilitating the completion of the written request.
1013.5 PROCEDURES
1. Accept the oral or written request from a parent for an administrative hearing
which may be made to DFCS or to the DHR Legal Services Office within 30
days of the date of the “Notification Form.”
2. Explain to the parent that oral requests for an administrative hearing must be
followed by a written request within 15 days from the date of the “Notification
Form”.
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3. Use the form, “Request for Administrative Hearing - Placement,” as the
written request (See Appendix P).
4. Stop any planned change or decision whenever a hearing is requested until the
entire appeal process has been completed.
EXCEPTION: Should an emergency threaten a child’s health or safety, emergency
action may be taken to protect the child. The County Director/designee must approve
the emergency action within two (2) working days. The parent must be provided
written notice of the emergency action and the reasons for it, including information
about the parent’s right to appeal. Such notice must be mailed to the parent within
three (3) working days of the action.
5. Accept a request for appeal when the parent believes a change or a decision
has been made by the agency without following the required procedural
guidelines.
PROCESSING THE REQUEST for a HEARING
2102.16 Family Visitation for Children in the Department’s Custody
Requirement
Plan all visits required to meet the visitation standards listed in
the following Procedures/Practice Issues.
Procedures/Practice Issues
Consider the following points when planning visits:
A child placed in the department’s custody should have a family visit in the first week
following placement, if possible;
 If a visit is not possible, arrange for a telephone or written contact during the first week
of placement;
 The younger the child, the more frequent visitation is needed for the child to maintain an
emotional attachment and relationship with the parent;
 A parent has the right to visit the child until the court severs their parental rights or rights
are voluntarily relinquished. Where agency resource permits, schedule visits at two-
week intervals (supervised visitation may be indicated);
 Grandparents have the right (O.C.G.A. 19-7-3) to petition the court to visit grandchildren
under certain circumstances (see Foster Care Policy1009.9) and,
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 In the rare instances that a parent’s visits appear detrimental to a child, obtain a
professional opinion and court order that visits should stop. Document this in the case
record.
For additional information on visitation, see Foster Care Services Manual, Chapter 1009.
2104.15 Confidentiality of Reporter Information
Requirement
Never reveal the identity of the reporting source to the subjects of the report (O.C.G.A. 49-5-
41).
Procedures/Practice Issues
Although a person may sometimes guess correctly who made a report, do not confirm this.
Direct attention back to the allegations and to determining whether there is evidence to
support them.
2109.5 Release of Information to Parents
Requirement
All legal parents and legal guardians of children, for whom a protective service case record
has been opened, are entitled to information from that case record.
Procedures/Practice Issues
Legal parents (including non-custodial parents) or legal guardians are entitled to access the
CPS case file. Accessing the case file means reading the case record and/or having copies
of material from the case record.
Accept a verbal request for information from parents/legal guardians. A signed release from
the parent/guardian is required for requests made on their behalf by an attorney.
Consult with the county=s Special Assistant Attorney General (SAAG) when legal issues
occur concerning releasing information to a parent/guardian. If the SAAG is unavailable,
refer concerns to the division's legal services officer.
Prior to release, edit case information in accordance with the guidelines found in Appendix B
of this chapter. These guidelines are the same as those established to meet the mandates of
the JJ Consent Order for children in agency custody.
The provision of the JJ Consent Order which requires that parents/guardians receive written
notice of their right to information applies only to cases in which a child is in the agency's
Parent Attorney Trial Notebook
legal custody. Written notification of the right to information, if the agency only has an open
child protective services case is not required. Establish procedures that assure that
parents/guardians are given written notification of their right to information at the time a child
is placed in agency custody. (See the Foster Care Services Manual, Section 1013.2 and
Appendix P-CL 86-1 for instructions.)
Release of Information When Parent/Guardian is Alleged Maltreater
If the parent/guardian requesting the information is the alleged maltreater, additional
decisions are required prior to allowing access to case files.
 First determine if the release of information will put the child at risk of harm. If risk will
likely occur to the child, information should not be released.
 If the child will not be placed at risk, contact the District Attorney or local law enforcement
to determine if criminal action is likely to be brought against the parent. Case material
is not released if law enforcement officials believe that the criminal case will be placed
in jeopardy.
Release of information when the alleged abuse occurs in a third party setting
Information may be shared with parents when their child was abused in a third party setting:
e.g. a school, child care center or residential facility.
Parents may request information if their child is interviewed, as part of an investigation being
conducted in such a setting, even if their child was not abused. In this case, information that
an investigation is occurring may be released, and non-identifying information concerning the
outcome of the investigation after it is completed may be shared.
Instructions for releasing information
Follow these steps when releasing information to a parent/guardian:
 Provide copies of the following at no charge:
Form Safety Plan
Case Review Forms/Summaries
Service Plan, Goals and Objectives
Service Agreements
Court petitions and orders
 Provide any other releasable material at a cost of no more than 25 cents a single side
and/or duplex page. Advise the parent in advance of the cost of items that are not free
and that payment for material is made upon receipt. Payment may be requested in
advance of copying. Establish procedures within county departments to assure
accountability for any funds collected;
 Edit information provided to the parent. Obliterate any information not releasable.
Accompany expunged portions by a statement informing the parent of the type of report
or information being withheld and why;
 Provide releasable material to the parent within ten (10) working days of the receipt of the
oral or written request;
Parent Attorney Trial Notebook
 If the parent originally or later requests to see/review information which the county
department cannot release, give the parent a list of primary sources and a general
statement of the type of information being withheld. Complete the "Non-Objection to
Subsequent Release of Information by Primary Source" Form and give this to the
parent/guardian (See Section X, Forms); and,
 Information in the case file on a spouse or other adult family member will only be released
with a written authorization signed by the person that the requested information
concerns.
MENTAL NOTE: 03/17/2015 Call incident in to the abuse registry for proper
documentation.
03/09/2015: Parent Aide, Patsy Clyne stated that DFCS told her that I
needed to start meeting Jayden at the Empowerment Office or a library due to
Jayden's allegations, and to assure I'm not coercing him in any type of way.
She further stated that I'm not allowed to ask if he's safe in lieu of his allegation
03/03/2015 noting otherwise. She also stated that I'm not allowed to ask
about his foster family, which I never have, I have only asked and assisted
Jayden in praying for himself, our family, and his foster family during our visits.
Before he eats, he always says "Thank you YAH for providing, please bless my
grandma, I love my grandma, and please let the people know that I want to go
back to my grandma!"
Patsy, also stated that I was disallowed to ask if he feels safe or happy.
02/17/2015-Noticed bruised scarring, About 2 inches long, and 1/2 inch wide
on his left rib cage.
Possibly resulting from his on-going cold which progressed into pneumonia like
symptoms. Since the on-set of foster care placement; Jayden continued to
display worsening symptoms of coughing, cold, mucus, and an increased
temperature for approximately 7 weeks.
03/03/2015 was the first sign of improved health, as he was finally taken back
to the doctor due to my aggressively pleading for further medical attention.
Parent Attorney Trial Notebook
Ironically, after that doctors visit, he was noticeably better. In fact, Jayden
described going through a tunnel and being squeezed, and being squeezed on his
arm for his blood pressure.
Donna referred to me as crazy, yet she chose to live with this crazy woman off
& on for several of her adult years. Documentation by Dyami even speaks
words of praise, referring to me as an excellent caregiver to Jayden, and that
was after I slapped him.
I'm accused of coercion and being emotionally and mentally unsafe to my
grandson. Yet my grandson has caught shear HELL living under DFACS' version
of safety. Even after "he" reported whoopings and dunking not only to himself,
but even worse to the other kids, DFACS continued to keep him in the
environment to prevent replacing all children. DFCS is violating the Temporary
Protective Order by not allowing me to inquire of my grandson's safety, after he
has knowingly disclosed safety issues.
I feel the documentation trail of Jayden's foster care process should be admitted
as evidence, since this is an evidentiary hearing, dates and processes should be
notated at the time of occurrence, not post-dated after the fact. I feel this is
necessary since his safety has been compromised while in the foster care system,
and it is the reason we are here today! Doing so will show that the DFACS
organization is guilty of violating the very TPO which they proactively and
haphazardly put in place.
On 12/09/2015 Krystal Leonard, rudely made an un-announced visit where
she hand-delivering a document that was incomplete in it's entirety. Not only
was the Georgia Safety Plan missing the date, she refused to talk to me about
it, although the discovery information denotes otherwise. She falsified my
refusal to sign it to protect the content within the document which states "Date
discussed with caregiver". By doing so, it creates a negative perception of
myself, and removes the responsibility to act professionally and make sure the
document is "clarified" to me the caregiver. The form also skipped over all of
Parent Attorney Trial Notebook
the preventive measures prior to taking proactive measures for the removal of
my grandson. In fact, I begged her in front of the (2) Aaron Rental, delivery
men which I paid case to purchase my furniture. She failed to discuss the form
with me, after I asked her to come back later or tomorrow. Even though she
was rude to me, as she stormed off, I told her how pretty she looked that day,
as her hair was curly and pulled up. She barely said thank you!
The ONLY craziness I have is being crazy about my children and my grandson.
And I'm willing to do anything to keep them safe as children and even as adults.
I've intervened on several occassions on my daughters behalf when she placed
herself in unsafe situations during her relationships, even concerning Dyami
Watson.
Ask Det. Fountain: He stated that Jayden didn't disclose an outcry, didn't know
above, below, or on top of, or body parts. He further stated that he could
remember details of the events further down the line through couseling, or just
as he gets older.
Det. Stoddard: Showed no interest in trying to prove the case whatsoever, and
used CPS officials to support and encourage NOT questioning Jayden based upon
his recent, yet prior accusations during that time frame. I felt that was a bad
call, as we were denied our constitutional right to share pertinent details about
the events which occurred. Especially since the on-going accusation has been
that he will only disclose anything to me. For that reason, regardless of how
many events are reported, it's still necessary to properly report the events at
the time they occur for proper validity of how they took place, rather they're
believed or not. He could very well be reporting a place which has had on-going
safety issues that have gone unreported by other children, which seem to be the
case in the foster care system.
Overall, there appears to be a lot of safety glitches in the foster care, visitation,
and transition process when children are removed.
Parent Attorney Trial Notebook
I believe this whole case is a situation which has been blown out of proportion,
an over-reaction by DFACS because they want me and my grandson to "shut
up" about his initial allegation of sexual molestation. That first event on
11/05/2011 was improperly handled not only by DFACS, but CHAO, and the
Gwinnett County Police Dept, as it was not handled in the same "legal" format
as the others. ALL of the named agencies used my grandson's young age to
detour and/or prevent thoroughly investigating his first allegation.
Rather than investigate the report of molestation, they chose to further create
resistance within our family, just as they're doing now, by creating a further
wedge between my daughter and I.
Throughout this case, and during Jayden's foster care, DFACS has shown bias
towards my daughter in how they share issues concerning my grandson, and
how we are allowed to communicate with the foster mom, and where & how
our visits take place.
For instance, on 03/10/2015, I was told that I could no longer meet Jayden at
restaurants, that I need to meet at more private locations like the
Empowerment office or a library, choosing placing that are more difficult for
me to get to, which could create inconvenience or disallow the visits for those
reasons.
ELABORATE BY MAKING A SEPARATE PARAGRAPH ENTITLED "VISITATION"-
-while making the mandated monthly visit for March, Sakeidra said it was
Okay if she didn't visit him often, since she's in South Georgia. Then she
(Sakeidra) actually became very defensive with me when I suggested DFCS' assist
my daughter in seeing Jayden to promote a stronger bond between them. Yet
after telling me that transportation was provided throughout the visitation
process, she changed that stance after our last court hearing 02/05/2015
CONFIRM, stating that I needed to show effort on my behalf to assure that I
really want to see my grandson. Just another ploy to make things difficult for
my visitation with Jayden. I've never missed a visit regardless of the inclement
Parent Attorney Trial Notebook
weather experienced every Tuesday for our visits. After asking exactly what am
I being accused of, what's the reason for Jayden's removal, and Sakeidra stated
that with my daughter's molestation, LaDonna Stewart that I was too reactive,
but with Jayden, that I've been too proactive, and it has crossed what appears
to be safety boundaries. I then asked her, why couldn't previous DFACS workers
dating back to his 2nd allegation tell me what she just told me, so that "we"
could've prevented this day & time. Her response was that she couldn't explain
why any previous DFCS caseworkers handled things differently. I then replied
that at any point Krystal Leonard or Teresa Winfrey could've told me that I was
crossing those boundaries.
I feel DFCS wanted to take Jayden to prove a point, and now he is really in an
unsafe environment, and an official inmate of the DFACS judicial system.
Discovery information also stated how Jayden cried for several days after being
removed. FIND--Shows trauma, mental & emotional abuse. All because of a
recording, and for the unproven accusal of coercion. I
SEPARATE PARAGRAPH FOR BIAS & REASONS.
DFACS is more comfortable and pro giving Jayden back to my daughter, not
only because she's the "biological" Mom, but primarily because she's not giving
them the grief I am about this entire process.
I've never been against my daughter.
MENTAL NOTE: If there was ANY validity to the accusations made against me,
why the need for 19 testimonies to confirm
Psalm 4:1 Answer me when I call, O God, defender of my cause; *you set me free when I am
hard-pressed; have mercy on me and hear my prayer.
02/17/2015-Noticed bruised scarring, About 2 inches long, and 1/2 inch wide
on his left rib cage.
Parent Attorney Trial Notebook
After several attempts, finally gotit to sync to my PC, It shows as a headsetand media player. Won'tallow you to
send/receive files. Only says "charging", powering off!
Tracking ID:
1Z26X36E2630926681 BESTOPE Mini Best Portable Waterproof Wireless Bluetooth Shower Speaker Ipx4
Handsfree Speakerphone Compatible, Bulit-in Microphone Hands-free , with All Bluetooth Devices for Outdoor
Sports and Cell Phone Car Kit and Computer (Red)
This item came much sooner than expected and I'm very disappointed the productdoesn'tperform as itis
advertised. Good sound, butyou can'tsend or receive any files to the device,in order to listen. Also, my PC
doesn'teven show the USB is connected, therefore, you can'tsend files that way either. After several attempts,
finally gotit to sync to my PC, It shows as a headsetand/or media player. Won'tallow you to send/receive files.
Only says "charging", powering off, charge complete etc. However, it's very cute, reminds me ofa ladybug, that's
why I chose red!LOL
And the device came,a day earlier than scheduled. Getting a refund.
cwooten@scsac.org----Southern Cresent
DFCS urges community to recognize signs of child abuse
March 31, 2008
ATLANTA (GA) – In Georgia there were more than 50,000 cases investigated for child abuse and/or neglect
last year. And tragically, many more cases never get reported. Child Abuse Prevention Month is April, and the
Division of Family and Children Services is making a statement statewide, to bring about more awareness.
Throughout the month of April local DFCS offices in all of Georgia’s 159 counties will recognize Child Abuse
Prevention Month by participating in “Pinwheels for Prevention.” To help raise local awareness, one colorful
pinwheel will be placed on the grounds of county courthouses across the state for each abused or neglected
child in the county. DFCS administrators see the pinwheels as visually striking ways to help the community
understand the prevalence of child abuse and the sheer number of children dealing with its consequences.
DFCS also hopes that through various month long community activities, people will be moved to get involved in
some way to help prevent abuse to children.
“We really need the public to be our eyes and ears in helping to protect children,” said Isabel Blanco, deputy
director, Division of Family and Children Services. “Many times concerns are brought to DFCS’ attention before
family circumstances rise to the level of child abuse and neglect. When this happens, we are able to provide
family support services to address the problems and, overtime, bring stability to the family and safety to the
child.”
What you can do:
Prevent Child Abuse America has developed the “Five Rs” which can help individuals better understand the role
they can play in child abuse prevention.
Parent Attorney Trial Notebook
Raise the issue: Call or write your elected officials to educate them about issues in your community and the
need for child abuse prevention, intervention, and treatment programs.
Reach out to children and parents: Supporting kids and parents in your own family and in the extended
community helps reduce the likelihood of child abuse and neglect.
Remember the risk factors: Child abuse and neglect occur in all segments of our society, but the risk factors
are greater in families where parents abuse alcohol or drugs, are isolated from their families or communities,
have difficulty controlling their anger or stress, appear uninterested in the care of their children, and have
mounting personal problems.
Recognize the warning signs: Some of the warning signs include: children who are overly aggressive,
children who are often hungry, children who have mysterious or unexplainable bruises, children who are
unsupervised or left home alone frequently, children who aren’t adequately dressed for the weather, children
who have low self-esteem, children who show interest in sex that’s not appropriate for his or her age.
Report suspected abuse or neglect: If a person suspects a child is being abused, report it to the county
DFCS office or your local Police Department.
For information contact:
Beverly Jones, 404-657-1387
bjjones2@ Online Directives Information
System (ODIS)
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Directives
Index >> Division ofFamily and Children Services >> Childcare and ParentServices
SUBJECT POLICY MANUAL
Childcare and Parent Services POL3540 MAN3540
Parent Attorney Trial Notebook
Parent Attorney Trial Notebook
Overview | News & Events | Conferences |Children andthe Law | Member Search
DFCS Foster Care Policies as of August 2014
Introduction
Placement of a Child
Placement of a Child via Voluntary Placement Agreement
Changes in Placement
Placement Resources
Relative-Non-Relative Care Assessments
Parent Attorney Trial Notebook
Placement-Re-Placement Safety Screenings
Financial and Non-Financial Supports for Children in Foster Care or Who Have Achieved
Permanency
Six and 12 Month Reviews of ERR,RCS, SG, NRSG Payments
Comprehensive Child and Family Assessment
Medical, Dental, and Developmental Needs
Psychological and Behavioral Health Needs
Educational Needs
Spiritual, Social, and Recreational Needs
Child Safety Equipment
Childcare Needs
Service Needs of an Immigrant Child
Purposeful Contact Requirements
Visitation
Preserving Sibling Connections
Minor Parent Expecting or Who Has a Child While in Foster Care
Permanency Planning
Case Planning
Missing Children
Youth Absent Without Permission
Conditions for Return
Case Closure
"Protecting children and promoting their well-being through excellence in courtroom advocacy."
Parent Attorney Trial Notebook
GACC is an affiliate of the National Association of Counsel for Children
GACC
Attn: Jane Okrasinski
145 Three Oaks Drive
Athens, Georgia 30607
Phone: 706-546-8902
Email: info@gaccchildlaw.org
Overview | News & Events | Conferences |Children andthe
Law | Member Search
Child Law Resources
There are many great resources available to child
law practitioners in Georgia. This page collects
some of those resources for ease of reference for
our members and the child law community in
Georgia.
Child Welfare Trial Notebook
The Supreme Court Committee on Justice for
Children, working with a team of GACC members,
has produced a Child Welfare Trial Notebook for
attorneys working in dependency and child in
need of services cases in Georgia's juvenile
courts. This document is fully up-to-date,
incorporating the provisions of Georgia's new
juvenile code. The trial notebook has been
updated as of October 2014. There are now 3
different options:
Full version of the Child Welfare Trial
Notebook
Condensed version
Code companion version
Updated Foster Care Policies
DFCS has recently updated their foster care and
independent living program policies and related
forms.
Click here for an index of general foster care
policies and links to the policies (Effective August
2014).
Click here for an index of foster care forms and links to the
forms.
Parent Attorney Trial Notebook
Click here for an index of independent living
program policies and links to the policies
(Effective November 2014).
Sample Forms and Motions for Foster Care
Services after 18
Thanks to members from DeKalb County for
sharing their protocol and
sample motion and order for independent living
services cases for children in foster care after they
turn 18.
Pretrial Procedures
Here's a standing order from Enotah Judicial
Circuit laying out pretrial discovery and evidence
issues.
Delinquency Guides
The manual Representing the Whole Child was
produced by the Southern Juvenile Defender
Center. It is a little out of date, but still provides a
good overview for those working in the
delinquency system. Another good resource is
the Ten Core Principles from the National
Juvenile Defender Center.
Georgia Appellate Law
The Supreme Court Committee on Justice for
Children produces summaries of all Georgia Court
of Appeals and Georgia Supreme Court cases
involving child welfare, and some cases involving
delinquency. Here are the most recent
summaries:
Note: No cases regarding Georgia's new juvenile
code, which took effect on January 1, 2014, have
been decided at the appellate level yet. Please
compare the old and new provisions of law before
citing to these cases.
There were no Deprivation/Dependency cases
decided in December 2014 or January 2015.
November 2014 Deprivation/Dependency
cases can be found in two files, here and here.
October 2014 Deprivation/Dependency cases are
Parent Attorney Trial Notebook
in two files, here and here.
No relevant cases were decided in August or
September of 2014.
July 2014 Deprivation/Dependency Cases
June 2014 Deprivation/Dependency Cases
No relevant cases were decided in April or May of
2014.
March 2014 Deprivation/Dependency Cases
February 2014 Deprivation/Dependency Cases
2015 Report on Child Welfare Failures
A new report from the Children's Advocacy
Institute, "Shame on U.S." highlights failures of
federal and state agencies responsible for child
welfare law. You can find the full report here, or
the executive summary here.
Complex Trauma Resources
Recently, a collaboration between the Carter
Center, Casey Family Programs, the Supreme
Court Committee on Justice for Children, the
State Bar of Georgia's Child Protection and
Advocacy Section, and Goshen Valley Boys Ranch
has created a series of summits on the kinds of
complex trauma children in the juvenile court
system experience. Visit the complex trauma
website for resources and to watch video of
summit presentations.
Domestic Violence Fact Sheet
This fact sheet from our friends at the National
Counsel of Juvenile and Family Court Judges
provides a great overview of the issues of
exposure of children to domestic violence.
Help for Teen Parents
Here are some resources for teen parents in
foster care from the Teen Parent Connection:
a brochure on their services and a know your
rights brochure.
Parent Attorney Trial Notebook
Special Education Resources
You can find lots of great information related to
special education law at www.wrightslaw.com.
Georgia Child Welfare Legal Academy
The Georgia Child Welfare Legal Academy is a
series of trainings from a wide range of experts
on topics relevant to juvenile court practitioners.
It is co-sponsored by the Supreme Court
Committee on Justice for Children and the Barton
Child Law and Policy Center. All sessions are
archived on video and many of the presentation
handouts are also available on the Georgia Child
Welfare Legal Academy web page.
Appealing a Case from Juvenile Court
Our friends at the Parent Attorney Advocacy
Committee have created some excellent resources
to support attorneys appealing cases from
juvenile court. While it was targeted to
dependency and termination of parental rights, it
contains a lot of helpful information for all types
of juvenile court appeals. The training
presentation can be accessed here, and other
resources are available here.
"Protecting children and promoting their well-being through excellence in courtroom advocacy."
GACC
is an affiliate of the
National Association
of Counsel for
Children
GACC
Attn: Jane Okrasinski
145 Three Oaks Drive
Athens, Georgia 30607
Phone: 706-546-8902
Email: info@gaccchildlaw.org
Pretrial Procedures
Here's a standing order from Enotah Judicial Circuit laying out pretrial discovery and evidence issues.
O.C.G.A. 15-11-170 (2010)
15-11-170. Short title; purpose
Parent Attorney Trial Notebook
(a) This article shall be known and may be cited as the "Georgia Child Advocate for the
Protection of Children Act."
(b) In keeping with this article's purpose of assisting, protecting, and restoring the security of
children whose well-being is threatened, it is the intent of the General Assembly that the
mission of protection of the children of this state should have the greatest legislative and
executive priority. Recognizing that the needs of children must be attended to in a timely
manner and that more aggressive action should be taken to protect children from abuse and
neglect, the General Assembly creates the Office of the Child Advocate for the Protection of
Children to provide independent oversight of persons, organizations, and agencies
responsible for providing services to or caring for children who are victims of child abuse and
neglect, or whose domestic situation requires intervention by the state. The Office of the
Child Advocate for the Protection of Children will provide children with an avenue through
which to seek relief when their rights are violated by state officials and agents entrusted with
their protection and care.
Disclaimer: These codes may not be the most recent version. Georgia may have more
current or accurate information. We make no warranties or guarantees about the accuracy,
completeness, or adequacy of the information contained on this site or the information linked
to on the state site. Please check official sources.
Q. What forms of discipline am I allowed to enforce?
A.Your current parenting style will determine how much of an adjustment you will need to make to follow
our guidelines. Our policies and guidelines are designed to protect both you and your foster children. We
only allow appropriate, non-physical methods of discipline, such as removing privileges, giving “time outs”
and using rewards, encouragement and praise for good behavior. Some of our discipline rules:
 NO physical punishment
 NO withholding meals, clothing, or shelter
 NO verbal abuse or name-calling
 NO threats to have a child removed
 NO physically strenuous work or exercise solely for punishment
 NO allowing other children to punish the foster child
 CREATE A “Right to Vote on a Plan of Reorganization”.

 C:UserschokmahDocumentsScreamInc.org-Website
 http://athens.communitiesinschools.org/?page_id=742

Dfcs docs important 04112015

  • 1.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 1 CODES/REFERENCES O.C.G.A § Section 15-11-190 O.C.G.A § Section 15-11-191 REQUIREMENTS The Division of Family and Children Services (DFCS) shall initiate a Comprehensive Child and Family Assessment (CCFA) for each child entering care via a referral to an approved provider within one business day of the Preliminary Protective Hearing. The CCFA shall comply with the standards as described at http://dfcs.dhs.georgia.gov/support-services-program. DFCS shall utilize DFCS staff or a state approved/contracted provider to complete the CCFA. DFCS shall collaborate with the Amerigroup Care Coordination Team (CCT) to ensure each child entering foster care receives a Health Check within 10 calendar days of entering foster care even if they have been seen by a doctor in the recent past. The Health Check must be completed by a licensed medical provider and the dental examination must be completed by a licensed dentist (See policy 10.11 Foster Care: Medical, Dental, and Developmental Needs). DFCS shall collaborate with the Amerigroup Care Coordination Team (CCT) to ensure each CCFA includes a Trauma Assessment for each child five years of age and older. As directed by the court, DFCS shall complete a social study concerning a child that has been adjudicated as a dependent child. Each social study shall include, but not be limited to a factual discussion of each of the following subjects: 1. What plan, if any, for the return of the child to his or her parent and for achieving legal permanency for such child if efforts to reunify fail; 2. Whether the best interests of the child will be served by granting reasonable visitation rights to his or her other relatives in order 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 such child and his or her siblings; b. Whether the siblings were raised together in the same home, and whether GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES CHILD WELFARE POLICY MANUAL Chapter: (10) Foster Care Effective Date: August 2014Policy Title: Comprehensive Child and Family Assessment (CCFA) Policy Number: 10.10 Previous Policy #: 1006.1
  • 2.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 2 the siblings have shared significant common experiences or have existing close and strong bonds; c. Whether the child expresses a desire to visit or live with his or her siblings and whether ongoing contact is in such child’s best interest; d. The appropriateness of developing or maintaining sibling relationships; e. If siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place siblings together or why those efforts are not appropriate; f. If siblings are not placed together, the frequency and nature of the visits between siblings; g. The impact of the sibling relationship on the child’s placement and planning for legal permanence; 4. The appropriateness of any placement with a relative of the child; 5. Whether a caregiver desires and is willing to provide legal permanency if reunification is unsuccessful. NOTE: If thoroughly completed, the CCFA may be submitted to the court to meet the social study requirement and shall include all the outlined components. DFCS shall terminate the CCFA if a child returns home at the 10 day Adjudicatory Hearing. The provider will be reimbursed for each completed portion of the CCFA submitted within 10 calendar days of the cancellation. DFCS and/or the CCFA provider shall attempt to engage all family/household members in the CCFA process. DFCS shall require providers to submit the completed CCFA to DFCS no later than 25 calendar days of the referral. DFCS shall initiate the Supplemental Security Income (SSI) application process on behalf of any child whose CCFA indicates the presence of mental or physical disabilities within five business days of receiving the CCFA. PROCEDURES The Social Services Case Manager (SSCM) will: 1. Determine if the family and/or child have received any type of formal assessments within the last 12 months (e.g., medical, social, educational, family psychological, etc.). If so, determine which CCFA components will need to be completed during the current placement episode. The assessor must collect the past records and reports, assemble the information, and incorporate it into the CCFA. 2. Determine if the CCFA will be completed by the SSCM or an approved provider. If the latter, select a state approved provider. 3. Select a provider from the approved provider directory available at http://dfcs.dhr.georgia.gov/fostercare and record the name of the provider on the Needs and Outcome page in Georgia SHINES, the Statewide Automated Child
  • 3.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 3 Welfare Information System. 4. Complete the Service Authorization Detail page in Georgia SHINES and submit the referral to the selected provider within one business day of the Preliminary Protective Hearing if the child remains in DFCS custody. 5. Notify the CCT of the referral to the CCFA provider within 24 hours of the Preliminary Protective Hearing. The CCT will contact the DFCS Case Manager regarding scheduling of medical/dental appointments and send the receipt of medical/dental information for the assessment to the CCFA provider within 17 days. 6. Within 24 hours of the CCFA provider accepting the referral, provide written notice of intent to complete the CCFA to the birth family and placement provider outlining the family assessment process and introducing the selected provider. 7. Within two business days of the provider accepting the referral, make available for review any background information on the child and parents. Obtain the appropriate release of information prior to releasing protected health information on the parents (i.e., HIPAA). Allow the provider to review the record with the exception of the names of any reporters. NOTE: Only DFCS staff may copy documents from a case record. 8. Collaborate with the CCFA Provider and schedule a Multi-Disciplinary Team (MDT) meeting as part of the CCFA within 25 calendar days of a child entering foster care. Include representatives from at least three professional disciplines (e.g., public health, mental health, and education) as well as the child, his/her parents, and their informal support team. 9. Provide the parents written notice of the MDT at least five business days in advance of the scheduled meeting date. 10.Participate in the MDT meeting a. Ensure the FTM/MDT recommendations concerning the child’s placement setting, permanency plan, and service needs (including those of the family and/or caregiver) are clearly documented. b. Select reasonable, achievable goals/objectives that address the specific behaviors or conditions that must be corrected for the child to be safely returned to the parent. 11.Within five business days of receiving the final CCFA report and billing invoice, review the CCFA information for quality and accuracy. a. If the CCFA is incomplete or of poor quality, immediately return it to the provider with specific information about what must be improved or changed. b. If the CCFA is complete and of acceptable quality, immediately approve the invoice, submit to the supervisor for approval, then forward to regional accounting for payment. 12.Make appropriate service referrals within five business days to address non- emergency needs identified in the approved CCFA. Emergency needs require an immediate service referral. 13.Initiate a home evaluation of any relative identified within the CCFA report as a potential placement resource.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 4 14.Submit a copy of the CCFA to the Juvenile Court within 30 days of a child entering care along with the initial case plan. If the SSCM (in lieu of a CCFA provider) completes a Family Assessment, the assessment will include, but is not limited to, the following components: a. Household Composition/Key Data b. Prior Agency Involvement c. Living Arrangements d. General Financial Status and Employment History e. Health of All Household Members f. DHR Form 419, Background Information on State Agency Child g. Marital Status h. History of Criminal Activity (list existing or known information; a criminal records check is not required) i. Education Status j. Relationship between Parent and Child k. Family and Community Resources l. Family’s Strengths and Needs m. Summary, Conclusions, and Recommendations The CCFA provider will: 1. Contact the applicable SSCM by fax or email within 48 hours of receiving the referral to indicate whether or not the referral will be accepted or declined. 2. Make face-to-face contact with the birth family within two business days of accepting the referral. 3. Collaborate with the CCT to obtain completed medical, dental, and trauma assessment for inclusion in the completed CCFA report. 4. Provide written notice to the SSCM within five business days if unable to make the required face-to-face contact within the designated time frame. 5. Engage all pertinent family members. 6. Explore all available sources of possible information about the family, including making collateral contacts with individuals/agencies that know or have worked with the family. 7. Observe family interactions, living conditions, behaviors, etc. 8. Review formal evaluations and treatment summaries (e.g., medical, psychological, drug and alcohol assessments, etc.) 9. Attend court hearings, MDT and FTMs. 10.Submit completed sections of the CCFA within 10 calendar days of being notified of the termination or cancellation of the CCFA. 11.Submit the completed CCFA within 25 days of the referral date. 12.Make additions/corrections to the CCFA recommended by DFCS. If the CCFA is cancelled, the SSCM will: 1. Notify the provider (if applicable) and the CCT as soon as the decision is made to cancel the CCFA. The initial notification may be made via telephone and followed by written notification. The CCT must be notified via the Amerigroup GA families
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 5 360º DFCS Form. 2. Include the date of cancellation in the written notification (i.e., date of the Adjudicatory Hearing returning the child). 3. Document the verbal and written notification of cancellation in the Contact Detail in Georgia SHINES. Indicate the full name of the person(s) notified. PRACTICE GUIDANCE DFCS has multiple strategies for assessing the initial well-being of children entering foster care and providing follow-up to ensure identified needs are addressed timely and appropriately. Serious needs may require ongoing treatment long after the child returns home or to another permanent living arrangement. The SSCM must engage parents/caregivers at the time of removal, and each subsequent contact, to obtain a complete picture of each child’s needs. The SSCM must be knowledgeable and resourceful in utilizing and developing resources to enable children to achieve the highest level of functioning possible. The CCFA is initiated following the Preliminary Protective Hearing, if a child remains in DFCS custody. If the Preliminary Protective Hearing is continued, the CCFA will be initiated after the conclusion of the extended hearing. This is to avoid initiating a CCFA before the court has ruled that there is sufficient evidence for the child to remain in foster care until the Adjudicatory Hearing. Gathering Information Explore all sources of possible information about the family that will assist in conducting a family assessment. It may require obtaining a signed Authorization for Release of Information form. Some ways of obtaining information include: 1. Consulting with the previous Case Managers, Supervisor or other DFCS staff familiar with the family 2. Reviewing past CPS and Foster Care history 3. Making collateral contacts with individuals/agencies that know or have worked with the family 4. Observing family interactions, living conditions, behaviors, etc. 5. Accessing reports and records generated from other agencies and/or other professionals 6. Reviewing formal evaluations and treatment summaries (e.g., medical, psychological, drug and alcohol assessments, etc.) 7. Obtaining any other source of information pertinent to the assessment process. Family Engagement The child and his/her immediate and extended family should be engaged in the assessment process to gather as complete a picture as possible of the family. Family- centered approaches such as a FTM are effective ways to involve the family in assessment, planning and decision-making around the needs of the child. The assessment information also assists judges, CASAs, citizen panels, and other providers working with the child and family to gain a better understanding of the: 1. Parental capacities and child vulnerabilities
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 6 2. Degree of parent-child attachment and the child’s sense of belonging 3. Child’s extended family as a potential resource for support and/or placement of the child 4. Family’s history and/or patterns of behavior (e.g., prior CPS involvement or foster care placements, past experience with handling crisis, problems with addiction, criminal behavior, etc.) 5. Strengths and resources which the family can engage 6. Core needs of the family which, at a minimum, must be changed or corrected for the child to be safely returned within a reasonable period of time 7. Challenges impacting the success of a reunification permanency plan 8. Identified medical, emotional, social, educational and placement-related needs of the child Georgia Families 360˚ On March 03, 2014, DFCS transitioned from a standard fee-for-service Medicaid program to a statewide Medicaid Care Management Organization (CMO) through Amerigroup Georgia Managed Care Company. The transition impacted children in DFCS custody and children receiving AA as they became members of a new program called Georgia Families 360˚ which is separate from Georgia Families, the general Medicaid program administered by the Georgia Department of Community Health (DCH). Georgia Families 360˚ is designed to provide coordinated care across multiple services and focus on the physical, dental, and behavioral needs of member children. The program is designed to ensure each member has a medical and dental home, access to preventive care screenings, and timely assessments. It also seeks to ensure medical providers adhere to clinical practice guidelines and evidence-based medicine. Amerigroup Care Coordination Teams (CCT) and Care Managers Each Georgia Families 360˚ member is assigned to a regional Care Coordination Team with a specified Care Manager. The CCT completes a Health Risk Screening (HRS) on youth in care to identify medical and/or behavioral needs. They ensure each child is assigned to a Primary Care Physician (PCP) and Primary Care Dentist so every child has a medical and dental home. The CCT is responsible for coordinating the health components of the Comprehensive Child and Family Assessment (CCFA), including the initial physical examination, dental examination, and trauma assessment. Care Managers are the primary partner of the SSCM for identifying and making referrals for needed services. Care Managers ensure each youth has an individualized care plan that addresses both physical and behavioral health needs. They work with community agencies to ensure appropriate services are provided. Any services not authorized by the CCT will not be paid for out of Medicaid. Therefore, it is imperative that all medical/dental, behavioral health and developmental care be coordinated with the CCT to avoid any uncovered expenses. See the COSTAR Manual Section 3001 Family Foster Care Programs an explanation of the “Unusual Medical/Dental” funding source for children who are not Medicaid eligible or who receive a service not covered by Medicaid. For youth covered by other forms of Medicaid (i.e.,
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 7 Fee-for-Service) or health coverage, the SSCM should utilize known providers in the community and contact the assigned Regional Well-Being Specialist for further support or assistance. Amerigroup GA Families 360º DFCS Referral Form DFCS communicates with Amerigroup, Rev Max, and DCH utilizing the Amerigroup GA Families 360° DFCS Referral Form. It is the primary means for communicating information about a member in Georgia Families 360˚. The Amerigroup GA Families 360° DFCS Referral Form must be completed and sent to Amerigroup, Rev Max, and DCH within 24 hours of a youth entering foster care. It should be completed thoroughly to include demographic information, medical information, placement information, the identified CCFA provider and other referrals (e.g., Babies Can’t Wait). The referral form is also used to report updates such as placement changes, a youth exiting care, etc. If there is information not available at the time of the initial referral to Amerigroup, submit an Amerigroup GA Families 360° DFCS Referral Form (update) as soon as the information is obtained. Accurate and timely communication with Amerigroup and Rev Max is vital to the Medicaid eligibility determination and assignment of a CCT and service providers. Important decisions regarding the assignment of primary care providers and referrals are made based upon the information submitted on the referral form. Health Check The initial Health Check assists in identifying a child’s medical, developmental, and mental health needs and ruling out medical conditions. (See policy 10.11 Foster Care: Medical, Dental, and Developmental Needs) Children housed in Youth Detention Centers (YDC), not Regional Youth Detention Centers (RYDC), are ineligible for Medicaid. Consequently, such children’s health services will be provided by the YDC, including initial assessments required upon entering foster care. Once the youth is released from YDC, the SSCM should update Georgia SHINES to reflect the change in placement and submit an application to Rev Max for Medicaid eligibility determination. Trauma Assessments Trauma can affect many aspects of a child’s life and may lead to secondary problems that negatively impact safety, permanency, and well-being (e.g., peer relationships, problems in school, health related problems).The Administration for Children and Families (ACF), a federal agency in the Department of Health and Human Services, has informed state child welfare agencies of the need to implement trauma-focused screening, assessment and treatment for children in foster care. The emotional well- being of our children is of the utmost importance and is directly correlated to their ongoing safety and success of permanency plans. Children five years of age and over are referred for a comprehensive trauma assessment after the completion of the medication evaluation and after the results of the hearing and vision screening have been received. The trauma assessment identifies all forms of traumatic events
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 8 experienced directly or witnessed by a child to determine the best type of treatment for that specific child. In addition to the trauma history, trauma-specific evidence-based clinical tools assist in identifying the types and severity of symptoms the child is experiencing. Examples of evidence-based, trauma-specific clinical tools include: 1. UCLA PTSD Index for DSM-IV 2. Trauma Symptom Checklist for Children (TSCC) 3. Trauma Symptom Checklist for Young Children (TSCYC) 4. Child Sexual Behavior Inventory The trauma assessment must provide recommendations and actions to be taken by DFCS to coordinate services and meet a child’s needs. Behavioral health providers who conduct a trauma assessment will provide a report which includes: 1. Trauma history, which informs the agency of information concerning any trauma the child may have experienced or been exposed to, as well as how they have coped with the trauma in the past and present 2. A standardized trauma screening tool 3. Summary and recommendations for treatment (if needed) The inclusion of a trauma assessment as part of the CCFA does not mean there will not be situations in which other specialized assessment (e.g., psychological evaluations, psycho-sexual evaluations, psychiatric evaluations, neuropsychological evaluations, substance abuse assessments or psycho-educational evaluations) will be warranted. The decision to refer a child for additional assessments must be made on a case-by- case basis in coordination with the CCT after an overall assessment of the child’s needs has been completed. If it is determined that a psychological evaluation is needed, prior authorization must be obtained from the CCT in order for Medicaid to pay for it. Relative Care Assessment (RCA) The CCFA may identify relatives that may be explored as placement or visitation resources. With supervisory approval, a case manager may request a CCFA provider to complete the RCA (See policy 10.5 Foster Care: Relative/Non-Relative Care Assessment). The provider must follow the format and all procedures outlined in the Placement of a Child section of Foster Care policy. The RCA must be requested as part of the CCFA in order to utilize the CCFA funding source. Refer to the COSTAR Manual Section 3006 Support Services manual for information regarding funding. FORMS AND TOOLS Amerigroup GA Families 360º DFCS Referral Form Authorization for the Release of Information COSTAR Manual Section 3001 Family Foster Care Programs COSTAR Manual Section 3006 Support Services SECTION I FOREWORD
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 9 A. INTRODUCTION A thorough understanding of the family is the foundation of all child welfare interventions. The assessment process is ongoing and involves gathering facts, observations and information about and from the family. Since assessment is an ongoing process, the Social Services Case Manager (SSCM) continually reassesses the family at each family contact, at every family meeting, during supervisory conferences, judicial or citizen’s panel reviews, and administrative case reviews to determine whether the family is making reasonable progress toward the permanency goal. During the assessment process, information is analyzed and conclusions are drawn about family strengths and needs. The SSCM gains a better understanding of the family as a unique system. The assessment process provides insight into how family members think, feel, behave, relate to others and respond to various situations, including the removal of the child. Assessment results are the foundation of the case plan. Assessment outcomes help to guide staff in making sound decisions about the best placement for the child, the critical service needs of the child and family, and the most viable plan for achieving permanency. Initially, the assessment assists staff in making a prognosis regarding the likelihood for reunification, which is the preferred option for achieving permanency when safety can be assured. A formalized assessment known as the Child and Family Comprehensive Assessment (CCFA) is initiated soon after the child enters care. The child and his/her family, both immediate and extended, are engaged in the assessment process. Family-centered approaches such as Family Team Meetings and Multi-Disciplinary Team Staffings are effective ways to involve the family in assessment, planning and decision-making around the needs of the child. The Family Assessment is the foundation of the family case plan and will also assist judges, CASA’s, Citizen Panels, and other providers working with the child and family to gain a better understanding of the:  Degree of parent-child attachment and where the child feels a sense of belonging;  Child’s extended family as a potential resource for support and/or the placement of the child;  Family’s history and/or patterns of behavior; e.g., prior CPS involvement or foster care placements, past experience with handling crisis, problems with addiction, criminal behavior, etc.;  Strengths and resources from which the family can tap;  Core needs of the family which, at a minimum, must be changed or corrected for
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 10 the child to be safely returned within a reasonable period of time;  Probability of the child returning home or the likelihood of an alternative permanency plan; and  Identified medical, emotional, social, educational and placement-related needs of the child. Children entering care are at higher risk than the general population for delays and disabilities. In addition, the trauma of placement can result in emotional distress and trauma. Consequently, a comprehensive screening or assessment of the child and family can have a positive life changing impact, if problems are identified and early treatment interventions are implemented. Georgia DFCS Foster Care Program designed the First Placement/Best Placement (FPBP) assessment procedures and standards now known as the Comprehensive Child and Family Assessment (CCFA). As required by Social Services Policy 1006 – Assessment and Permanency, a referral for a Comprehensive Child and Family Assessment (CCFA) is made for every child entering foster care as soon as the 72-hour hearing is held to detain the child in care. If the child has received an evaluation in the previous 12 months, a Comprehensive Child and Family Assessment is not required. A thorough and comprehensive Family Assessment shall be completed within thirty days of the date of referral. The assessment information will be used in developing case plans, determining the needs of the child and family and in sharing with the court. Children entering foster care will have a Health Check (Early and Periodic Screening, Diagnostic and Treatment –EPSDT) within ten (10) days of the child’s placement in foster care at the local health department or with an approved Health Check provider. A list of approved Health Check providers is located at: www.ghp.georgia.gov. The Health Check screen will assist in addressing medical, developmental, and mental health needs of children entering foster care and rule out medical conditions, which may cause problem behaviors, delays and disorders. If the county determines the need for a Comprehensive Child and Family Assessment (CCFA) for a child that has been in care for twelve (12) or more months, to assist in for permanency planning for the child, the County Director must submit a written waiver request to the Regional Field Director stating the reason the assessment is needed, the length of time the child has been in foster care, and the child’s permanency plan.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 11 CCFA Referral and Assesment Procedure Child in care 7 days. Within 24 hours of the provider’s acceptance of the referral, the SSCM: 1. Sends a referral letter to the parent and caregiver outlining the process of the CCFA and identifies the CCFA provider. The CCFA provider receives a copy of the letter. 2. Provides the provider with a Pre-Evaluation Checklist with all applicable documents attached. Within 9 days of child entering FC, DFCS facilitates the 1st Family Team Meeting. DFCS SSCM schedules the date and time of the Family Team Meeting (FTM). FTM must be held within nine (9) days of child’s placement in FC. DFCS SSCM schedules the date and time of the Multi- Disciplinary Team Meeting (MDT). MDT must be held within 21 days of the referral date. Provider has 24 hours to accept or decline the referral via Form 1. If the child remains in care following the 72-Hour Hearing, a referral is made via Form 1, Referral for Assessment, to an approved CCFA provider. If the provider declines the referral, the SSCM must make another referral. Within two business days of accepting the referral, the provider: 1. Must make a face-to-face contact with each family member referred for services and present a picture ID yourself and a copy of the referral letter. 2. Schedule a time to review the case record at the DFCS office. The Provider schedules all necessary appointments and provides transportation . Within 10 days of the child entering FC, the child must have a Health Check via the Public Health Department or with an “Approved Health Check Provider.” DFCS or the provider, if the service is purchased, accomplishes this step. Child in care 3 days
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 12 Child in care 10 days Child in care 25 days Child in care 30 days Within 30 days of the child being in care, the initial case plan is submitted to Juvenile Court. Within 21 days of the referral, the Provider will facilitate the MDT meeting. Initial case plan is completed. Within 30 days of the referral, the Provider submits final written report and an assessment invoice to the designated county staff member. (Unless a waiver was requested.) Within 15 days of the referral, if required, the CCFA Provider may request a waiver for up to 15 additional days to complete the assessment. Five calendar days before the MDT, DFCS must send notice ofthe meeting, and the intent to develop the initial case plan to the birth parent. If the child is returned home at the 10 Day Hearing, then the county may: 1. Cancel the CCFA and accordingly compensate the provider for work accomplished or 2. Continue the CCFA.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 13
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 14 B. BASIC RESPONSIBILITIES Comprehensive Child and Family Assessment (CCFA) Children and families who have not been assessed when entering the foster care system in the past 12 months must be referred for a Child and Family Comprehensive Assessment. (Policy manual ref. 1006.1) POLICY AND PROCEDURES CASE MANAGER'S RESPONSIBILITIES PROVIDER'S RESPONSIBILITIES INITIATION The earliestpointof referral is within 24 hours following the 72-hour hearing at which time the court determines thatthe child will be retained in DFCS custody. Assessmentservices are initiated. (DFCS Social Services Policy Manual ref. 1006) Note: Providers of services mustbe licensed and meetthe Standards for the CCFA established bythe Division. Only the DFCS approved providers who appear on the approved provider listmay provide assessmentservices (listavailable on the web at http://dfcs.dhr.georgia.gov/fostercare (DFCS Social Services Policy Manual ref. 1006) ASSESSMENT The standard components ofa comprehensive assessmentare:  Medical/Health Check (developmental/dental)  Psychological  Education INITIATION The DFCS SSCM will complete and provide a referral Form #1 for a comprehensive assessmentwithin twenty-four (24) hours of the 72-hour detention hearing to an approved provider (SS Policy 1006/CCFA Standards). DFCS SSCM will inform the familyof the CCFA and the FTM at the 72-hour hearing. DFCS will schedule the FamilyTeam Meeting and the Multi-Disciplinary Team (MDT) meeting. The Family Team Meeting will be held within nine days of the child’s placementin foster care. The MDT meeting mustbe held within twenty-one (21) days of the referral date. The SSCM will provide the appropriate release ofinformation forms and a copy of the shelter order with form #1. The SSCM will send a standard letter of intent, twenty-four hours following the referral date to the parent, relative and/or placementresource outlining the family assessmentprocess and introducing the particular provider completing the assessment. The SSCM will provide all necessary attachments and documents within 24 hours of the provider’s acceptance of the referral. (SS Policy Manual 1006) ASSESSMENT The SSCM will make available for review by the provider, the parent and the child's case records within two-days of the providers acceptance of the referral. (Social Services Policy Manual ref. 1006/CCFA Standards) INITIATION CCFA Provider will notify the SSCM by fax or email of the receiptof the referral and acceptance or decline of referral within 24 hours of receiving the referral. (Social Services Policy Manual ref. 1006/CCFA Standards). Provider will make face-to-face contact with the familyreferred for services within two business days of the referral date. (Social Services Policy Manual ref. 1006/CCFA Standards) Provider will advise the County DFCS Office within five days of the date of the referral if a determination is made that the provider is unable to assess a particular familyor the parent/caregiver is unwilling to cooperate.(Social Services Policy Manual ref. 1006/CCFA Standards) ASSESSMENT CCFA Provider mustcontactthe SSCM and/or the supervisor within two days of accepting the referral to arrange a date and time to review the case record. Provider may take notes of needed information to complete the assessment.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 15 POLICY AND PROCEDURES CASE MANAGER'S RESPONSIBILITIES PROVIDER'S RESPONSIBILITIES  Family Assessment See policy manual - ref. 1006 The SSCM will enroll the child in school (if appropriate),visit school and/or day care center according to policy, apply for Medicaid for each child, and apply for a social securitycard and a birth certificate for each child. The SSCM should begin to prepare a Life Book for each child. (DFCS Social Services Policy Manual 1006 and 1011) Case Manager will complete Form 527 the within the first 5 days of each child entering care and complete a Form 529 within 5 days of each move. (DFCS Social Services Policy Manual 1003) CCFA Provider is responsible for scheduling all appointments and arranging transportation.(Social Services Policy Manual ref. 1006/CCFA Standards) Provider will schedule all appointments within two days of the acceptance of the referral. CCFA Provider will collectrelevant educational records from the child’s school. The mostrecentrecords must include:grades,discipline reports, attendance records and achievements. Provider will have the educational reportcompleted bythe appropriate person atthe child's current school. Provider will review and interpret educational reportand summarize in CCFA report. (Social Services Policy Manual ref. 1006/CCFA Standards). Provider will arrange and transport the child to a Health Check Screen with an approved Health Check provider within 10 days of the child’s placementin foster care. Providers will collectall medical records ifthe child is medicallyfragile or has experienced severe physical abuse. Provider will include the health check information in the family assessment report. (Social Services Policy Manual ref. 1006/CCFA Standards) Provider will schedule and arrange transportation to an appointmentfor a psychological evaluation before the scheduled MDTmeeting. The provider is responsible for obtaining background information and developing the referral question with the SSCM. Provider will incorporate recommendations from the psychological reportinto the Family Assessmentwritten report.(Social Services Policy Manual ref. 1006/CCFA Standards) Provider will complete the family assessmentas outlined in the CCFA Standards,making sure to observe the parent/ child interaction and interviewing relatives and friends of the family. (Social Services Policy
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 16 POLICY AND PROCEDURES CASE MANAGER'S RESPONSIBILITIES PROVIDER'S RESPONSIBILITIES MDT Following completion ofthe components ofthe assessment,a MultidisciplinaryTeam (MDT) staffing is required as a part of the assessmentprocess. (DFCS Social Services Policy Manual ref. 1006) MDT The SSCM and/or a DFCS supervisor mustattend and participate in the MDT (Social Services Policy Manual ref. 1006/CCFA Standards) The SSCM will send written notice within five (5) days of the MDT meeting to the parent. The SSCM will inform the parentof the intentto develop the initial case plan goals atthe MDT meeting. The SSCM will complete the Initial Case Plan with the parentat the Family Team meeting and/or MDT meeting. The Case Manager will provide a copy of the case plan to the parent; send a copy to the court system for consideration to become an order of the court. (DFCS Social Services Policy Manual 1007) The designated countystaff will review and approve the provider invoice within 5 days of receiptbefore submitting itto the appropriate accounting department. (Social Services Policy Manual ref. 1006/CCFA Standards) The SSCM mustupdate the case plan with any medical,dental,educational and any therapy services every six months according to policy. (DFCS Social Services Policy Manual 1007 &1011) Manual ref. 1006/CCFA Standards). The provider will complete all areas in which information is available on the Form 419. (Social Services Policy Manual ref. 1006/CCFA Standards) The provider will complete a computer generated Genogram on the family. The Genogram should reflect the make up of the paternal and maternal family. MDT Provider will facilitate and coordinate the MDT staffing. (Social Services Policy Manual ref. 1006/CCFA Standards) Provider has 30 days from the date of the receiptof a referral to complete the assessment,including gathering all information and producing a final written report. (Social Services Policy Manual ref. 1006/CCFA Standards) Provider will submitthe final written report and an assessmentinvoice to the designated countystaff member within 30 days from the date of receiptof the referral or requesta waiver (for up to an additional 15 days). The waiver mustbe requested within 15 days of the referral date (Social Services Policy Manual ref. 1006/CCFA Standards)
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 17 SECTION II INITIATING AN ASSESSMENT A. INTRODUCTION The permanency planning process begins when the child enters foster care and continues until goals and objectives of the family case plan are met and services are terminated. The CCFA reporting standards are based on a time line that is triggered when a child requires out of home placement and is placed into DFCS custody. The time line standards were developed to ensure that assessments and reports are completed in accordance with the key principles of the Adoption and Safe Families Act (ASFA). ASFA established the national goals for children in the child welfare system as safety, permanency and well-being. The most realistic and viable permanency plan, as well as the most appropriate services to meet the needs of the child and family, are proposed in the Department’s initial case plan for reunification when safety can be assured. The family assessment is the foundation of the case plan. It is essential that the CCFA be completed within thirty days of the child entering foster care to assist in the initial planning for the family. The Comprehensive Child and Family Assessment (CCFA) is the property of the Department of Family and Children Services (DFCS) and, therefore, can only be released to third parties by DFCS staff. Only State Approved Providers are allowed to complete a Child and Family Comprehensive Assessment or provide Wrap-Around Services. The approved CCFA/Wrap-Around Providers are listed on the web at: http://dfcs.dhr.gerogia.gov/fostercare. (1) Referrals for an Assessment The DFCS Social Services Case Manager will complete and provide, to the vendor, a Referral for Assessment Form # 1 for a comprehensive assessment within 24 hours of the conclusion of the 72-hour detention hearing, if the child remains in DFCS custody. The DFCS SSCM should include any significant or unusual information about the child or family on the referral form (e.g. child is hearing impaired). The referral form must include the referral date along with the scheduled date of the Family Team Meeting and the Multi-Disciplinary Team (MDT) meeting. The DFCS SSCM or Supervisor will facilitate the FTM, which must be held within nine (9) days of the child’s placement in foster care. The MDT meeting will be facilitated and coordinated by the CCFA provider and will be held within twenty-one (21) days of the referral date for the assessment. The SSCM will include the names of family members, friends, etc. who should be invited to the Family Team Meeting and/or the MDT meeting as part of Form # 1. The SSCM should notify the parent and family members of the CCFA and the FTM at the 72-hour
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 18 hearing. The DFCS SSCM will provide the name of the local or district public health representative on the form and will provide appropriate release of information forms and a copy of the shelter order along with form #1 (2) Provider Acceptance The provider will notify (by fax or e-mail) the DFCS agency of the receipt and acceptance or decline of the referral within 24 hours of receiving the referral using Form 1- Comprehensive Child and Family Assessment Provider Referral. (3) Contact with the Family Within twenty-four hours (24 hours) of the provider’s acceptance of the referral, the Social Services Case Manager will send a standard letter of intent to the family and the placement resource outlining the family assessment process and introducing the particular vendor completing the assessment. A copy of the letter must also be provided to the vendor within 24 hours of the acceptance of the referral via email, or fax. The provider will make face-to-face contact with each family member referred for services within two business days of receipt of the referral. In making contact, the provider must present to the family picture identification and a copy of the referral letter. The DFCS Case manager will assist the provider in gaining access to family members enrolled in active treatment programs (i.e. alcohol or substance abuse and/or incarcerated). (4) Pre-evaluation The actions identified on the Pre-Evaluation checklist are completed by the SSCM and provided to the vendor within twenty-four hours of the provider’s acceptance of the referral. The SSCM is responsible for providing all information and actions listed on the Pre-Evaluation Checklist. (Sample letters on cc – CPS Case record, Placement, Assigned Provider) (5) Copies of Case Record Information Social Service Case managers are responsible for providing appropriate copies of all reports and/or other information from any DFCS case files as indicated on the Pre- evaluation Checklist. SSCM’s are responsible for providing this information to the provider within 24 hours of the provider’s acceptance of the referral. This information will aid the provider in completing the assessment. The Provider must contact the Social Services Case Manager and/or the Supervisor within two days of accepting the referral to schedule time to review the case record. Case records must remain in the County DFCS office at all times. Certain portions of case records remain confidential (e.g. the "reporter" information). The SSCM can provide relevant copies of any report as long as any specific confidential information is first concealed. The Social Services Case Manager is responsible for copying any relevant information/reports from existing case records and documenting on a Form 452 about
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 19 all released information as follows:  Information released,  Date, and  To whom the information was provided, and if applicable, the reason why information not appearing on the Pre-Evaluation Checklist was released. If it is determined that the provider needs information that is not on the Pre-Evaluation Checklist, the SSCM may only release this information with the approval of the supervisor (or if outlined by the county, the county director and/or designee may be required to provide approval). Note: Once the review is complete, the Reporter’s information must be filed back in the case record. (6) Unable to Assess a Family. The provider will advise the County DFCS Office if they make a determination that they are unable or unwilling to assess a particular family within five days of the date of receipt of the referral. The provider will provide written communication stating the reasons for this decision. (7) Scheduling and Transportation The provider is responsible for scheduling all appointments and arranging transportation to and from appointments. Within two business days of accepting the referral, the CCFA provider schedules all of the necessary appointments. (8) Court Appearance Appearance and/or testimony in court proceedings by the CCFA provider is part of the assessment process (see page 16). If sixty days beyond the referral date, the CCFA provider is required to appear/testify in court, the county may reimburse at the rate of $50.00/hour (professional) and $25.00/hour (paraprofessional). A subpoena is required and should be submitted with the invoice. (9) Termination/ Cancellation of a Comprehensive Child and Family Comprehensive Assessment (CCFA) The County Department has the right to terminate and/or cancel a CCFA Comprehensive Child and Family Assessment if a child returns home at the Adjudicatory (10 Day) Hearing. The County Department will reimburse the contractor for each completed section of the CCFA. The invoice with completed work must be submitted within ten (10) calendar days of cancellation date. The amount reimbursed will be based on the documented completed work. If the county views that the CCFA will assist the DFCS agency in continuing to work with the family, the County Director and/or designee may choose to have the assessment completed even though the child was returned home.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 20
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 21 CCFA REFERRAL FORM 1 Indicate Application Type: Medical Assessment/Health Check (0-18) MPI (0-18) Educational Assessment (5-18); (4 & under, if in early intervention) Psychological (4-18) Family Assessment (0-18) Relative Home Evaluation (0-18) Adolescent Assessment (14- 18) Maltreatment (Check all that apply): Physical Neglect Sexual Emotional Other County Name County Code Child's Name Child's Case #: Parent's Name Parent's Phone#: Parent's Address DFCS CPS Case Manager: Phone/Fax/Pager: DFCS Foster Care Case Manager: Phone/Fax/Pager: DFCS Supervisor Name: Phone/Fax/Pager: CASA Name: Phone/Fax/Pager: HOUSEHOLD MEMBERS Name DOB Relationship In Home Out of Home Phone # CHILDREN REMOVED FROM HOME Name Gender Ethnicity DOB SSN# Child #1 Male Female Child #2 Male Female Child #3 Male Female Child #4 Male Female Child #5 Male Female Child #6 Male Female Child #7 Male Female Relationship To Case Child's Current Placement Phone # Medicaid # Child #1 Child #2 Child #3
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 22 Child #4 Child# 5 Child #6 Child # 7 Child’s Name: __________________________________Date of Removal: ________________________ Current School: ________________________________________________________________________ School Address & Telephone #: ___________________________________________________________ ____________________________________________________________________________________ _ Name of Child(s) Physician: ___________________________ Physician Phone# _________________ Physician Address______________________________________________________________________ Name of Child(s) Dentist: _____________________________ Dentist Phone# ____________________ Dentist Address________________________________________________________________________ Reason Child Was Removed: ____________________________________________________________________________________ __ ____________________________________________________________________________________ __ ____________________________________________________________________________________ __ ____________________________________________________________________________________ __ Comments/Additional Information: ____________________________________________________________________________________
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 23 __ ____________________________________________________________________________________ __ ____________________________________________________________________________________ __ ____________________________________________________________________________________ __ ____________________________________________________________________________________ __ Child’s Current Placement: DFCS Foster Home Group / Institutional Placement Private Agency Foster Home __________________Contact/ Number: __________/________________ Placement Address / Phone Number: ____________________________________________________________________________________ __
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 24 Multidisciplinary Team Meeting and Family Team Meeting Form 1 Case Name: _____________________________________________________________ Case # ________________ Individuals listed below should be invited to attend the MDT and/or FTM as indicated. Please note that participation is not limited to the individuals below. Any persons identified throughout the course of the CCFA who are appropriate to attend either or both meetings should also be invited. Name Relationship To Parent Address Phone # Type MDT FTM Meeting Date / Time/ Location Family Team Meeting Multidisciplinary Team Meeting Comments: _____________________________________________________________________________ _____________________________________________________________________________________
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 25 __ _____________________________________________________________________________________ __ _____________________________________________________________________________________ __ _____________________________________________________________________________________ __
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 26 PRE-EVALUATION CHECKLIST FORM 1 Child's Name: ______________________________ Case #: _________________ Pre-evaluation Checklist. The case manager must provide pre-evaluation information within 24 hours of the provider’s acceptance of the referral. The case manager must complete the actions on this checklist and provide to the vendor copies of any relevant reports/information from the case records. See Section II.A. (5). Referral Questions Generate referral questions. An individual or a team may generate referral questions. Ideas for a referral question maybe gathered from case managers,foster parents,biological familymembers,fictive kin, facility representatives,physician,teachers,etc. Referral questions maybe general or specific.(General:We are seeking a child’s cognitive abilitylevel, currentachievementlevel and an emotional profile.) (Specifi c:Is this child mentallychallenged? Does this child have dyslexia? Does this child have ADHD?) Background Information Provide background information. The case manager,foster parentand/or facility representative mustbe available to the psychologistto provide background information and to complete developmental and behavioral questionnaires.If an adult who has limited knowledge ofthe child provides transportation,then it is the responsibilityof the case manager and/or facility representative to set up an in-person or telephone appointment. The purpose ofthis appointmentis to provide the information within one week of the evaluation so the report can be completed in a timelymanner. Previous Reports Provide copies ofprevious reports. Copies ofall prior psychological evaluations,psycho-educational reports and other relevant reports should be provided to the psychologistwhen the child is transported to the evaluation.It is the responsibilityof the case manager to determine ifthe child has been receiving special education services or has been considered for special education services. Medications Provide information on medications. Inform the psychologistifthe child is on medication atthe time of the evaluation.A listof all medications should be provided to the evaluator at the time of the evaluation. Other Factors or Disabilities Listany other factors that may assistthe psychologistin conducting the psychological evaluation. Some examples the case manager is responsible for considering during the pre-evaluation process include:  Cultural or Language Issues It is expected that the evaluator will be sensitive to cultural and language issues during the evaluation and when writing his/her report.  Specialized Assessments Children in placementoften exhibit a wide range of problem behaviors ata rate higher than the general clinical population.These behaviors may require further specialized assessments. These assessments are not included in the psychological or the CCFA. If a specialized assessmentis required, it is in addition to the psychological. The county department’s approval is required,for billing purposes,before initiation ofthe specialized assessment.  Children Left Unaccompanied Children/youth shall not be left in the office for an evaluation. The CCFA provider mustcontactthe case manager,facilityrepresentative or foster-parentimmediately ifthe evaluation is discontinued or an emergencyarises. Many of these children have been traumatized by the changes in their lives and may not be able to focus.If it is determined thata valid assessment cannotbe completed, it is the psychologist's
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 27 responsibility to discontinue the session. _________________________________ ___________________________ Signature of Case Manager Completing Checklist Date Completed CCFA PROVIDER ACCEPTANCE/DECLINE FORM FORM 1 _____________________County DFCS Date of Referral: __________________________ Case Name: ___________________________________ DFCS Contact Name:_____________________________________________ Phone Number:____________________ Email Address: ________________________________________ Fax Number: _____________________ Supervisor Name: ______________________________________ Phone Number: ___________________ Email Address: ________________________________________ Fax Number: _____________________ CCFA Provider:____________________________________________________ Please review the information provided on Form 1 and indicate your acceptance or non-acceptance of the referral by fax or e- mail within 24 hours of receipt to the DFCS contact indicated above. Date of Receipt: ______________________ Date of Response: _____________________ Referral Accepted Referral Assigned To: (Name /License) _____________________________________ ______________________ Name License Phone: ________________ Fax: _________________
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 28 Email: ___________________________ Referral Not Accepted(Please indicate reason) ________________________________________________________________ __ ______________________________ _______________________ ______________ CCFA Provider Contact Name Signature Title
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 29 E. Comprehensive Child and Family Assessment (CCFA) Payment Schedule The county department will decide which components and reports are needed for the assessment process and will only pay for the completed components. The Comprehensive Child and Family Assessments (CCFA) will include one or more of the following components and reports:  Psychological (ages 4 – 18)  Family Assessment (age 0 – 18)  Educational Assessment (age 5 – 18) If child is in early intervention 4 & under  Health Check (age 0 - 18), includes a dental screen for (age 3 - 18) and developmental screen for (age 0 - 3)  MDT Report (age 0 – 18)  Family Team Meeting (age 0 – 18)  Match Profile Instrument (age 0 - 18) The County Department agrees to pay the contractor per referral according to the progress payment schedule. Payment is contingent upon the completion of tasks as identified in the Progress Payment Schedule and compliance with the standards. 1. Comprehensive Child and Family Assessment includes the compilation of the Comprehensive Child and Family Assessment as well as appearing and testifying in Court if required and compliance with the (CCFA) standards. The Comprehensive Assessment must include all components as requested by the county, facilitation of the MDT meeting, participation in the FTM, completion of a Genogram, and DFCS Form 419. In addition, information on relative’s as potential placement resources must be included. Appearance and testimony in court is within the first sixty days of the assessment and is compensated as follows: Amount: $600 one child $300.00 each additional child 2. Assessment Components includes compilation of any individual component of the assessment will be reimbursed at the following rates: Family Assessment $600.00/one child $300.00/additional child Educational Component $150.00/child Medical Component (includes Dental $150.00/child and Developmental screen) $150.00/child Psychological $300.00/child Match Profile Instrument (MPI) $ 75.00/child
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 30
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 31 SECTION III PSYCHOLOGICAL ASSESSMENT STANDARDS & REPORTS AGES 4 TO 18 A. INTRODUCTION To obtain information on the child’s mental health, children (ages 4-18) require a psychological evaluation when they first enter care using the Comprehensive Child and Family Assessment (CCFA) standards. Infants and toddlers (age 0-3) will have a developmental screen as part of the Health Check Screen. See Section VII. A psychologist participating in the Medicaid program, Peach Care, Georgia Better Healthcare or the child's insurance plan should complete a Psychological evaluation. A psychological evaluation is a written report of the information collected during the evaluation. This report should include, but is not limited to, the psychological status of the child or adolescent at the time they enter foster care. If the psychological evaluation yields any psychological or developmental delays or concerns, the psychological summary and report must provide detailed recommendations and actions to be taken. The case manager then coordinates services to keep or get the child or adolescent on target with their age appropriate development. Every child or adolescent (ages 4-18) must have a psychological evaluation. NOTE: Do not begin the Psychological Evaluation until the hearing and vision screening results are available. (1) Pre-evaluation for a Psychological Evaluation Before a psychological evaluation is conducted, the case manager or CCFA provider, if service is purchased, is shall take the following actions:  Generate a referral question before the request for a psychological evaluation is sent to the psychologist. (See Pre-Evaluation Checklist) An individual or a team may generate the referral question. Ideas for a referral question may be gathered from case managers, foster parents, biological family members, facility representatives, physician, teachers, etc. Referral questions may be general or specific. (General: We are seeking a child’s cognitive ability level, current achievement level and an emotional profile.) (Specific: Is this child retarded? Does this child have dyslexia? Does this child have ADHD?)  The provider must have a hearing and vision screening completed prior to beginning the evaluation. Do not begin the evaluation until the hearing and vision screening results are available for your records.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 32  Provide background information. The case manager, foster parent and/or facility representative must be available to the psychologist to provide background information and to complete developmental and behavioral questionnaires. If an adult who has limited knowledge of the child provides transportation, then it is the responsibility of the case manager and/or placement provider to set up an in- person or telephone appointment. The purpose of this appointment is to provide the information within 72-hours of the evaluation so the report can be completed in a timely manner.  Provide copies of previous reports. Copies of all prior psychological evaluations, psycho-educational reports and other relevant reports should be provided to the psychologist when the child is transported to the evaluation. It is the responsibility of the case manager to determine if the child has been receiving special education services or has been considered for special education services.  Provide information on medications. Inform the psychologist if the child is on medication at the time of the evaluation. A list of all medications should be provided to the evaluator at the time of the evaluation. Other factors the case manager is responsible for considering during the pre-evaluation process include:  Children/youth shall not be left in the office for an evaluation. The CCFA provider must contact the case manager, facility representative or foster-parent immediately if the evaluation is discontinued or an emergency arises. Many of these children have been traumatized by the changes in their lives and may not be able to focus. If it is determined that a valid assessment cannot be completed, it is the psychologist's responsibility to discontinue the session.  It is expected that the evaluator will be sensitive to cultural and language issues during the evaluation and when writing his/her report.  Children in placement often exhibit a wide range of problem behaviors at a rate higher than the general clinical population. These behaviors may require further specialized assessments. (2) Psychological Evaluation A psychological evaluation should include, but is not limited to, a review of the following domains or areas: (See below for examples of further assessment domains)  Identifying data  Reason for referral  Background  Past evaluations and treatment  Behavior observations/mental status
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 33  Evaluation Results  DSM IV-Multi-Axial Diagnosis  Summary and Recommendations  Must address the referral question and presenting problems  Validity Statement (e.g. This evaluation appears to be a valid reflection of this child's level of functioning.)  Placement Recommendations (if appropriate)  Treatment Recommendations  Referrals for Additional Assessment (if necessary)  Signature of Licensed Psychologist, Date Children or adolescents may require additional specialized assessments. Examples of specialized assessments are:  Dissociative Disorders  Fire setting  Learning Disability  Neuropsychological  Occupational Therapy Evaluation  Psychiatric Evaluation  Sexual Perpetrator  Specialized Medical  Speech and Language Evaluation  Substance abuse  Trauma Assessment (sexual, physical) (3) Adult Psychological Evaluations and Specialized Assessments An Assessment by means of Psychological, Psychiatric, Speech Therapy Services (formerly known as PPST) and specialized assessments may be utilized when Medicaid is not available. The following are eligible to receive assessment and treatment services:  Children in foster care,  Birth parents of children in care when the permanency plan is reunification or when another permanency plan may need to be selected,  Relative care givers of children in care when the permanency plan is placement with a “fit and willing relative” or when another permanency plan may need to be selected, and  Foster Parents serving special needs children who require consultation about a specific child in the home. Providers must be licensed for the service performed; i.e., psychiatric and psychological evaluations and therapy must be conducted by a psychiatrist (M.D.) or by a licensed clinical psychologist (Ph.D. or Psy.D.). These assessments are charged at the Medicaid billable amount (Fiscal Services – Section 1016.5). Prior approval from the county department is required before an adult or specialized assessment is initiated. If an adult or specialized assessment is recommended, and there is no identified funding source to cover the cost of the assessment, the county department may authorize payment using assessment funds. The county department will provide the CCFA provider with Form 535, Authorization and Claim for Psychological, Psychiatric or
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 34 Speech Therapy Services, completed and signed by the County Director/designee. The county department must provide instructions to the CCFA provider for submitting the claim to the county department for services rendered. (4) Who Can Complete the Psychological Evaluation Psychological evaluations are to be completed and signed by a licensed psychologist and/or a psychiatrist. A non-licensed individual from an agency (Bachelor’s level education or paraprofessional) may accompany the child to the appointment and provide all background information including the referral question to the Psychologist. The provider will also ensure that a copy of the Psychological evaluation is submitted with the CCFA report. B. AGES 4 TO 18 ASSESSMENT REPORT The title and format of the report is as described below and must include the following nine (9) sections. These are minimum standards. Psychologists may expand these standards to reach assessment goals. Report Title: Psychological Evaluation Report 1. Identifying Data  Name  Date of Birth  Child's Social Security Number (if applicable)  Date of Referral  Date of Evaluation  Names of the following:  Parent/Guardian  Foster parent  Referring person and agency 2. Reason for Referral 3. Background Information  History of child/youth  Present placement 4. Summary of Past Evaluations and Treatment 5. Behavior Observations/Mental Status 6. Evaluation Results  Include name of test and scores (standard scores, percentiles, grade equivalent scores)
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 35  Summarize results and findings of each test It is the responsibility of the Psychologist to review previous psychological reports to determine if an IQ test needs to be repeated within the three-year window. If an IQ test does not need to be repeated, it is expected that the psychologist will use the extra time for extended achievement screening or personality measures. The following sections are completed for each child receiving comprehensive assessment services: A. Intellectual Assessment  IQ score from the WISC-III, Stanford-Binet, WAIS-R, DAS (Differential Abilities Scale), Bayley Scales of Infant Development, WPPSI-R  An IQ test does not need to be repeated:  If a child has had an IQ score completed with the WISC-III or Stanford- Binet within three calendar years,  If the child was at least 7 (seven) years of age at the time of the earlier IQ test, and  If a child will not be referred for Level of Care services.  An IQ test must be repeated:  If a child was under 7 (seven) years of age at the time of the earlier IQ test,  If the child has had a head injury or evidence of serious mental illness has emerged since the initial evaluation,  If the child was not on medication (such as Ritalin) during the earlier evaluation, and  If a child will be referred for Level of Care services, an IQ test must be current and completed within one calendar year. NOTE: Abbreviated scales (Kaufman Brief Intelligence Test -KBIT or Wechsler Abbreviated Scale of Intelligence -WASI) are acceptable only if the child's scores fall at the Low Average or above. Children with Borderline or Intellectually Disabled scores on an abbreviated instrument will need an IQ score from a Full battery. Children with evidence of Learning Disabilities will need an IQ score from a Full battery. B. Adaptive Behavior Scales  If IQ falls within or below the Mildly Mentally Retarded Range an Adaptive Behavior Scale must be administered (i.e. Vineland, AAMD). C. Academic Screening and Assessment.  WRAT - 3 (Wide Range Achievement Test) may be used for screening. WJ II - The (Woodcock-Johnson II) or WIAT - (Wechsler Individual Achievement Test) is preferred for assessment.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 36  Assessment will need to target problems highlighted by the screening or referral question. Further referrals for additional evaluation may be required. D. Personality Measures  Choice of measures based on age, referral question, IQ, etc.  Objective (e.g. MMPI-A, RCDS, RADS)  Projective (e.g. TAT, RAT-Roberts Apperception Test, Rorschach) E. Standardized Behavioral Check List  For example, Achenbach, CAFAS, BASC  Report significant Problem Areas. 7. DSM IV - Multi-Axial Diagnosis  Include all 5 axes and numerical codes. 8. Summary and Recommendations  Summary and recommendations must address the referral question, presenting problems, and the reason the child came into care.  Supplemental recommendations may be listed. These recommendations should address the underlying reasons, which impact the child and family functioning.  A validity statement should be included (i.e. This evaluation appears to be a valid reflection of this child’s current level of functioning).  Recommendations for placement (if appropriate)  Recommendations for Treatment  Referrals for additional assessment (if necessary) 9. Name, Signature of Psychologist and Date Completed  License Number  Only Licensed Psychologists are eligible to complete and sign psychological evaluations. Psychometricians may be used to administer and score tests. The psychologist is responsible for diagnoses, summaries and treatment recommendations. NOTE: Standards developed by Wendy Hanevold, Ph.D., Licensed Psychologist #1574 (Georgia) 404-583-7333
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 37 SECTION IV ASSESSMENT STANDARDS & REPORTS FOR ADOLESCENTS & YOUNG ADULTS AGES 14 TO 20.5 A. INTRODUCTION The adolescent component of the Comprehensive Child and Family Assessment (CCFA) provides supplemental information to DFCS’ comprehensive assessment program. The adolescent component is administered to youth, ages 14-18, if at a Judicial or Citizens Panel Review the plan for permanency changes to emancipation for the youth and if the assessment is deemed necessary or appropriate as part of the review plan. The SSCM will coordinate the assessment with the Independent Living Coordinator (ILC) and ensure a copy of the assessment is forwarded to the ILC when completed. The adolescent component is designed to generate information critical to successfully guiding young people in their journey from foster care to achieving self- sufficiency. The observations and recommendations derived from the assessment are presented at a Multi-Disciplinary Team (MDT) staffing. The MDT explores service and treatment options for an adolescent and makes suggestions/recommendations based on identified strengths and challenges. DFCS staff, judges, youth, Independent Living Coordinators (ILCs) and others are to consider this information key in developing a Written Transitional Living Plan (WTLP) and identifying services to assure safety, permanency and youth well being. The assessment is strength-based and solution- oriented and is completed in partnership with teens who assist in identifying their own areas of strength and challenges as they move toward transition. The adolescent component of the assessment also serves as a determinant for participation in DFCS’ Transitional Living Program (TLP). The TLP is a supervised, scattered site apartment program for youth ages 18-21 who are moving from the foster care system back into communities. Youth appropriate for the TLP Adolescent Assessment are generally those who: (1) are between the ages of 17.5 and 20.5, (2) are currently in foster care with a signed Form 7 (Consent to Remain in Foster Care), (3) were formerly in foster care; i.e. youth in Aftercare status, who remained in foster care until age 18, (4) have completed high school, and (5) have assessment approval from the local ILC. The following areas and domains are evaluated and included as an integral part of the assessment: (See Section IV, C for a list of required tools used in the Adolescent Component.)
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 38 1. Independent Living Skills  Daily Living Tasks  Self Care  Housing and Community Resources  Social Development  Money Management 2. Family of Origin Strength and Issues 3. Interpersonal Relationships and Social Support Networks 4. Future Perspective 5. Pre-Vocational and Vocational Goals 6. Alcohol and Drug Use 7. Coping Skills and Self Esteem 8. Sensitive Issues 9. Interviews with Youth, Caregivers, Case Managers and Teachers 10. Functioning (1) Interviews The assessment is youth centered. Collateral interviews should be completed with parents, case managers and/or teachers. Collateral material may also be available in the Family Assessment and Psychological Evaluation. (2) Report The report generated from this assessment is to be used to help develop a Written Transitional Living Plan (WTLP). The WTLP helps to direct the work of the ILC, Life Coach, Social Services Case Manager and others who serve as a support to the adolescent. The youth receives a summary of the report and a copy of the WTLP. (3) Who Can Complete the Adolescent Component The Adolescent Assessment is to be completed by an individual with a minimum of a Master’s level of education in Social Work, Counseling, or Psychology with an LCSW, LMFT or LPC granted by the State of Georgia’s Composite Board of Counselors, Social Workers, and Marriage and Family Therapists, as well as be in good standing with that authority. Individuals with a Master’s degree who are under the supervision of an LCSW, LPC or LMFT may also conduct the Transitional Youth Assessment. In which case, the Assessment requires two signatures: the licensed supervisor’s and the Master’s level assessor. B. ADOLESCENT ASSESSMENT REPORT The format of the Adolescent Assessment must include the following six sections. The licensed Master’s level individual must sign the adolescent assessment report.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 39 Report Title: Adolescent Assessment Report 1. Data Section 2. Background and Summary of the Adolescent Comprehensive Child and Family Assessment  Reason for Referral and Background Information (e.g. for youth transitioning out of foster care, for a significant, extenuating circumstance concerning the child and/or family, etc.)  Individual Assessment  Summarize Assessment Conclusions  Include Diagnostic Impression:  Axis I  Axis II:  Axis III:  Axis IV:  Axis V: Global Assessment of Functioning (Current)  Family Assessment Recommendations and Conclusions. (Include agency name and date completed) 3. List Instruments Used All instruments and the name of the person completing each must be used for youth ages 14 to 20.5. See Appendix C. for a sample Adolescent Profile.  Draw Your Strength  Genogram  Ecomap  Draw Your Future  Road of Life  Rosenberg Self-Concept Scale  Alcohol and Drug Questionnaire  Sensitive Issues Inventory  ACLSA-Level III  Interview 4. Results of Assessment A sample adolescent profile template can be found in Appendix C. 5. Summary and Recommendations 6. Name, Signature and Date Completed Reminders
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 40 1. Remember to have the following items included in the appendix of the assessment report for youth under consideration for TLP participation.  Draw Your Strength.  Genogram  Ecomap  Draw Your Future  Road of Life  ACLSA-Level III: Response Summary 2. The provider should provide the youth a copy of the adolescent component of the assessment after the MDT is completed. C. ADOLESCENT ASSESSMENT REQUIRED TOOLS 1. Independent Living Skills (Ages 16-20.5)  Ansell-Casey Life Skills Assessment (ACLSA) This scale is available for free at www.caseylifeskills.org  Daily Living Tasks  Self-care  Housing and community resources  Social Development  Money Management  Work & Study Habits 2. Family of Origin (all youth)  Genogram. To help youth explore their roots and history. 3. Interpersonal Relationships (all youth)  Ecomaps (Focus on youth’s friendship and social support network) 4. Draw Your Future Perspective (ages 16 - 20.5)  Have youth write a passage about their goals and dreams.  Have youth draw their future goals (e.g. crystal ball drawing - present a line drawing of a crystal ball and ask youth to draw their future) 5. Alcohol and Drug Questionnaire (all youth)  This is a two-part questionnaire that asks youth about their current and past substance abuse.  This questionnaire is not scored. It is a qualitative instrument. The evaluating team will need to use their professional judgment to determine if a referral for a
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 41 drug screen and/or substance abuse evaluation is recommended. A copy can be obtained at http://dfcs.dhr.georgia.gov/fostercare. 6. Coping Skills and Self-Esteem (ages 16 - 20.5)  The designated Self-Esteem – Rosenberg Self-Concept Scale  Draw Your Strength 7. Life Experience-Inventories and Questionnaires (All Youth)  Sensitive Issues Inventory-Adolescent. A copy can be obtained at http://dfcs.dhr.georgia.gov/fostercare 8. Interviews (all youth)  The assessment is youth centered.  Collateral interviews should be completed with parents, caseworkers and/or teachers.  Collateral material may also be available in the Family Assessment and Psychological Evaluation. Note: The above is a list of required instruments and questionnaire. You may add additional tools and assessment results to the Adolescent (Transitional Youth) Assessment.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 42 SECTION V ASSESSMENT STANDARDS & REPORTS FOR FAMILIES A. INTRODUCTION The goal of the Family Assessment is to provide a comprehensive assessment of the family. The assessment provides the foundation for effective case planning, intervention and decision-making. DFCS staff uses the assessment information to assist judges, CASA, Citizen Panels, families and other providers working with the child and family in making placement decisions and the identification of services to ensure the safety, permanency and child and family well-being. Observations and information from the Family Assessment will be presented at the Multi-Disciplinary Team staffing (MDT). The MDT will explore options for the family and make suggestions/recommendations about placement and service interventions/provisions for the family (e.g. family preservation, family therapy, parent aide, etc). Goals that are positively stated, measurable, and address the specific behaviors or conditions that must be corrected for the child to be safely returned, will be incorporated in the initial case plan for the family. The Case Manager will be responsible for updating the Family Assessment at a minimum of every two years per Social Services Policy Manual reference 1006 The family assessment must include (if applicable), but is not limited to, the following information:  Reason for Referral  Household Composition/Key Data (See page 39 for various stages)  Clinical Observation  Prior Agency Involvement  Living Arrangements  General Financial Status and Employment History  Health of All Household Members  Marriage Status  History of Criminal Activity (parents and children)  Education Status  Relationship between Parent and Child  Relationship between Placement Resource and Child  Family and Community Resources (i.e. Transportation)  Family's Strengths and Needs  Relatives and resources for support, placement, and possible permanency  Efforts to place siblings together and reasons they were not placed together, if applicable  Does the parent or child have Native American Heritage?  Reason child is placed a substantial distance from their home, if applicable.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 43  Genogram (as a required attachment)/DHR Form 419  Summary, Conclusions, and Recommendations KEY QUESTION: Can the child's parents/caregivers mobilize their internal and external strengths and resources to successfully meet each of their children's needs? Examples of questions to ask during the assessment  What are the safety and protection issues that must be addressed?  What are the family's strengths?  What are the family's limitations and needs?  What are the factors that need to be reviewed to determine if the child can be safe in their family?  Can this family meet the individual child's' needs?  What are the resources for this family? (Extended Family and Community)  Does this family have a clear and appropriate hierarchical structure?  Is this family overly distant (disengaged) or overly close (enmeshed)?  Are there major substance abuse issues?  Are there major mental health issues present in this family?  Is there evidence of a serious personality disorder in one or more caregivers?  Can the family manage the basic tasks of life, such as providing food and shelter?  Do the caregivers have the ability to manage their children's behavior in age- appropriate and safe ways?  Is there a multigenerational pattern of abuse and neglect?  What is the parent's level of empathy for each child?  What has helped this family in the past?  What is the parent/caregiver's attitude towards available resources?  How does this family cope with crisis?  What is the history of sensitive issue? Is this family (trauma, loss) and how have they coped with past issues?  How does this family cope with crisis?  What are the resources for this family? (1) Dynamic Assessment Family assessments must be based on a combination of observations, interviews, self- report measures and social history. Family self-reporting is insufficient. Family history is insufficient. The family must be observed in action (enactments). The assessment must be dynamic (it should reveal the family's energy, style, and behavior). If at all feasible, see families over a period of time. Having only one observation session may result in a distorted picture. The focus of the assessment is on the dynamic observations and interactions observed
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 44 during the assessment. Standardized self-report instruments may be used to gather information. Although a social history and a background information section need to be included, this section is only one of the sections of the assessment or report. Integrate the history and background sections into the conclusions and recommendations. Observations need to confirm or not confirm a self-report. Observe the family in action and do not accept their report of their behaviors as the primary source for assessment. All parents must be interviewed. This includes absent or incarcerated, putative, legal, adoptive or any other parent category not listed. The required method is a face-to-face interview. If a parent is absent or incarcerated, then a telephone or written interview is appropriate. In any case, a written explanation must be included in the report explaining why a face-to-face interview was not accomplished. This statement should document all attempts to secure interviews. Extended family members must be contacted. If the custodial parents refuse to permit contact with extended family members, the DFCS case manager determines if contact should occur despite the custodial parent's protest. When interviewing the extended relatives, the provider should explore resources for support, placement and possible permanency. The Provider may also obtain information on other relatives to contact. The CCFA Provider should contact DFCS immediately, if a relative is identified as a placement resource for the child. DFCS may request an approved CCFA provider to complete a home evaluation on a relative(s). Key: Observe the family in at least one setting. Use a combination of unstructured and structured observations. A home visit is required to complete the Family Assessment. Note: It is the responsibility of the assessment team to provide age-appropriate materials to engage children and caregivers for the purpose of observation and assessment. (2) Stages of Assessment of Key Family Members The family subsystems should be seen together and in separate units. It is recommended that the assessment take place in two or three stages. Stage I: See the parent/caregiver(s) first. During this stage the family assessor can:  Determine who is in the household.  Identify family members (not living in the household) relatives who have an impact or important role for this family (e.g. grandmothers, parents, etc.). Are any of these individuals’ potential placement resources for the child?  Identify non-family members who are important to this family (e.g. boyfriend/girlfriends, pastors, neighbors, etc.).
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 45  Obtain a developmental history of the child (children). This history will provide an opportunity to obtain the parent's perception of their child, knowledge of developmental issues and parenting skills.  Explore individual caregiver issues and obtain an initial mental status for each caregiver. At this stage, it may be determined that a parent(s) require a psychological evaluation and/or a substance abuse evaluation.  This first stage can provide an opportunity for the initial assessment of the couple's relationship. Stage II: The child (or each child in a sibling group)  The child should be seen alone to obtain the Child's Perception of his parents and his family.  This stage can be included in the Individual Child Assessment. Stage III: The family subsystems should be seen together and in separate units. The family should be seen together unless there is a serious, well-documented basis preventing the family system to be seen as a unit. For example:  Child with parent (or caregiver) 1 and 2 (both caregivers together with child)  Child with parent or caregiver 1  Child with parent or caregiver 2  Family unit (household unit-parents/caregivers, siblings, target child (children)  Extended Family/Community: As many family members/community resources that can be gathered for the assessment.  Family Team Meeting ("Family Team Meeting” is a gathering of family members, friends, community specialists and other interested people who join together to strengthen a family and provide a protection and care plan for their children." From The Child Welfare Policy and Practice Group). (3) Who Can Complete the Family Assessment The Family Assessment is to be completed by an individual with a minimum of a Master’s level of education in Social Work, Counseling, or Psychology with an LCSW, LMFT or LPC granted by the State of Georgia’s Composite Board of Counselors, Social Workers, and Marriage and Family Therapists, as well as be in good standing with that authority. Individuals with a Master’s degree who are under the supervision of an LCSW, LPC or LMFT may also conduct the Family Assessment. In which case, the Assessment requires two signatures: the licensed supervisor’s and the Master’s level assessor. B. FAMILY ASSESSMENT REPORT The title and format of the report is as follows and must include the following nine (9) sections. Report Title: Family Assessment Report
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 46 1. Key Data  Dates and locations of assessment (include who was present during the assessment on each date)  Name(s) of assessors  Name of case manager  List of key family members (family of origin and family of procreation)  Interviews with all parents and alleged parents including absent and incarcerated parents  Contacts with extended family members. If the custodial parents refuse to permit contact with extended family members, the DFCS case manager determines if contact should occur despite the custodial parent's protest. *Document attempts to reach family members - include date of attempt and how contact was attempted  Note the Key Family Members who were seen for assessment  Note key family members who were not seen during assessment  Note who lives in home (* might signify lives in home)  Note who lives outside the home  Example of Family and Community Members: Name Age Relationship Seen for Assessment Sara Jones 23 Mother Yes No Thomas B.* 31 Boyfriend Yes No  Interview Outline  Interviewed (list all those interviewed, i.e. identified Client, biological mother, biological sister, maternal half-sister, etc.)  Not Interviewed (list all not interviewed; i.e. Biological Father). (He is presently serving a prison sentence in North Carolina)  Provide following interview information for each interview conducted: Date Location Present Relationship Age  Telephone Contacts (List information for each contact as follows) Date Location Conversation 2. Reason for Referral State the reason the child/family is being referred for assessment. 3. Family Summary/History Background information on the child’s and family history 4. Clinical Observation This section includes behavioral observations of key individuals, couples, parent-child interactions, and family structure. These findings are not based only on the report, but
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 47 are also gathered through observations and the use of clinical judgment. 5. Areas to Be Assessed A. Prior Agency Involvement  Mental Health, DJJ/Corrections, Public Health,  Economic Support/Social Services/Childcare/Child Support  Other B. Living Arrangements C. General Financial Status and Employment History D. Health of All Household Members E. Marriage Status F. History of Criminal Activity (parents and children) G. Education Status H. Safety and Protection  Review the investigation and determination information and findings from the Child Protective Services investigation and the Risk Assessment. I. Caregiver Child Interactions  Parent's perception of child  Listen to how parents describe their child  Daily Routines (Have family describe a "typical day.")  Parents awareness of child's needs (physical, emotional, cognitive and social)  Emotional bonds to family J. Child's Perception of Parent K. Parent's Knowledge of Parenting L. Limit Setting Skills and Discipline  Can the parents set limits with their child (children)?  Are clear boundaries and hierarchies present between parent and child(ren)?  Any known problems and/or presenting behaviors of children (e.g. substance abuse, delinquency, sexual behaviors, academic problems) M. Couple/Relationship  Do partners work together as a unit?  Do partners agree or at least agree to disagree?  What is the risk for domestic violence (ask each partner without the other partner present)?  Separation, divorce and stepfamily issues. How do separated parents (grandparents) work together as a unit? N. Family Stressors and Resources  Living Conditions  Financial Conditions  Supports and Resources  Health  Housing  Employment  Transportation
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 48  Coping skills O. Caregiver(s) Strengths and Limitations  Information for this section may best be completed by an individual assessment of each caregiver/parent. The findings of the individual assessment may then be used to explore how the following areas determine this family's needs, ability to protect, interpersonal and intra- personal resources: o History of trauma-physical sexual emotional-neglect o Look for disassociation and Post Traumatic Stress Disorder (PTSD) in caregivers. o History of substance abuse o Current substance abuse o Physical violence o Other criminal behavior o Adult victimization-domestic violence o Cognitive level o Mental Illness o Emotional stability, depression, mood swings, impulsivity, though disorder, personality disorders o Management of anger o Problem solving and coping skills o Self-esteem o Physical health-medication P. Child Strengths and Needs  The Child Assessment should provide a profile of the child's strengths and needs.  Adolescents (ages 14-18) must complete the Alcohol and Drug Questionnaire. Information from the questionnaire must be included in the assessment. Q. Collection of Information for Form 419 (Background Information for State Agency CHILD)  Document any areas on the form in which information was not obtained by stating what attempts were made (how) and the reason why information was not obtained. 6. Summary/Conclusions and Recommendations The summary section should provide a dynamic picture of the following family issues:  Safety and Protection Issues (A review of the Risk Assessment completed in CPS and the identification of risk factors should be included in the report)  Strengths  Limitations and needs  Resources-within the nuclear family, the extended family, community resources  Coping skills  Fit between parent and child
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 49 The Focus of the report is on the integration of the dynamic observations and interactions observed during the assessment, social history, interviews, and results from standardized measures. 7. Signature, Credentials and Date Completed The Family Assessment must be completed by an individual with a minimum of a Master’s level of education in Social Work, Counseling, or Psychology with an LCSW, LMFT or LPC granted by or the State of Georgia Composite Board of Counselors, Social Workers, and Marriage and Family Therapists, as well as be in good standing with that authority. Individuals with a Master’s degree who are under the supervision of an LCSW, LPC or LMFT may also conduct the Family Assessment. In which case, the Assessment requires two signatures: the licensed supervisor’s and the Master’s level assessor. However, the licensed supervisor is responsible for the overall assessment and report. NOTE: Family assessments do not have to be based on any specific school of family theory but the assessors must have training and experience in family systems and be able to assess families based on a systemic theory using systemic techniques. (e.g. enactments and observations). 9. Required Attachments  Genogram – must be computer generated.  Form 419 - Background Information for State Agency Child (All 7 pages and all sections of the form must be completed and typed (information should be completed as it can reasonably be obtained) The form may be accessed at http://dfcs.dhr.georgia.gov/fostercare.  Alcohol and Drug Questionnaire for adolescents (ages 14-17)
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 50 Georgia Departmentof Human Resources BACKGROUND INFORMATIONFOR STATE AGENCY CHILD FORM 419 Worker/Title: Birth Name of Child: Telephone #: Date: Date Birth of Child: Time of Birth: Sex: Home County: Boarding County: Race/Ethnic: Child’s Mother Grandmother Grandfather Father Grandmother Grandfather DOB Race/Ethnic National Descent: Hair Color: Eye Color: Complexion: Weight: Height: Occupation: General Health: Education: If Deceased Age & Cause Special Characteristics Child’s Maternal Aunts & Uncles Child’s Paternal Aunts & Uncles DOB Sex
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 51 ALL RELATIONSHIPS ARE TO THE CHILD CHILD’S NAME: __________________________ Maternal Paternal (Add additional pages if necessary) Form 419 (Rev 2-99) ALL RELATIONSHIPS ARE TO THE CHILD SIBLINGS OF CHILD MATERNAL Race/Ethnic National Descent: Hair Color: Eye Color: Complexion: Weight: Height: Occupation: General Health: Education: If Deceased Age & Cause Special Characteristics
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 52 Form 419 (Rev 2-99) ALL RELATIONSHIPS ARE TO THE CHILD FAMILY OF CHILD’S MOTHER MATERNAL PATERNAL DOB: Full or Half Sibling: Sex: Hair Color: Eye Color: Complexion: General Build: General Health: School Grade and Achievement Special Characteristics PATERNAL DOB Full or Half Sibling Sex: Hair Color: Eye Color: Complexion: General Build: General Health: School Grade and Achievement Special Characteristics
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 53 Child’s Great Grandmother Great Grandfather Great Grandmother Great Grandfather DOB Race/Ethnic National Descent: Hair Color: Eye Color: Complexion: General Build: Occupation Education: Special Characteristics: If Deceased Age & Cause Child’s Maternal Great Aunts And Uncles Child’s Paternal Great Aunts And Uncles DOB Race/Ethnic National Descent: Hair Color: Eye Color: Complexion: General Build: Occupation: Education: Special Characteristics If Deceased Age & Cause
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 54 ALL RELATIONSHIPS ARE TO THE CHILD FAMILY OF CHILD’S FATHER MATERNAL PATERNAL
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 55 Form 419 (Rev 2-99) Child’s Great Grandmother Great Grandfather Great Grandmother Great Grandfather DOB Race/Ethnic National Descent: Hair Color: Eye Color: Complexion: General Build: Occupation: Education: Special characteristics: If Deceased Age & Cause Child’s Maternal Great Aunts And Uncles Child’s Paternal Great Aunts And Uncles DOB Race/Ethnic National Descent: Hair Color: Eye Color: Complexion: General Build: Occupation: Education: Special Characteristics If Deceased Age & Cause
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 56
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 57 FAMILY MEDICAL INFORMATION MATERNAL FORM 419 Check YES or NO to each of the follow ing diseasesor conditions. If the answ er is YES, give family member and brief description of disease condition, its effect, age of onset, age if cause of death, in the space below . Yes No Ye s No Yes No 1. Allergies 7. Congenital Birth Abnormalities b) premature births a) drugs 8. Cleft lip c) still births b) foods 9. Cleft palate d) incompetent cervix c) asthma 10 Cystic Fibrosis e) ectopic pregnancies d) hay fever 11 Diabetes f) eclamptogenic toxemia e) other 12 Dw arfism g) spontaneous abortion 2. Alcoholism/Drug Addiction 13 Epilepsy h) other 3. Blood Diseases 14 Hearing Disorder 29 Respiratory Diseases a) hemophilia 15 Huntington Disease a) emphysema b) RH disease 16 Hyperactivity (ADHD) b) bacterial pneumonia c) sickle celldisease/trait 17 Immune SystemDisease c) tuberculosis d) thalassemia (cooly’s anemia) e) other a) HIV + b) AIDS d) other 18 Learning Disability (specify) 30 Skin Disorders a) psoriasis b) other 4. Bone Disease a) arthritis b) curvature of the spine 31 Speech Disorders c) other structural malf ormation 19 Liver Disease a) stuttering d) other 20 Mental Illness b) tongue tie 5. Cancer a) bi-polar c) sound omissions a) breast b) schizophrenia d) sound distortions b) bow el c) other e) delayed speech c) colon 21 Mental Retardation f) other d) ovarian a) Dow ns Syndrome 32 Sudden Infant Death e) skin b) PKU 33 Systemic Lupus Erythematosis f) stomach c) Lesch-Nyham syndrome 34 Thyroid Disorders g) lungs d) Hunters 35 Tay-Sachs Disease h) leukemia e) tuberous sclerosis 36 Tourettes Syndrome i) other f) other 37 Visualdisorders 6. Cardiovascular Disease 22 Migraine headache a) cataracts a) arteriosclerosis 23 Multiple Births b) dyslexia b) congenial heart defect 24 Multiple Sclerosis c) glaucoma c) heart attack 25 Muscular Dystrophy d) retinitis pigmentosa d) hyperlipidemia 26 Myasthenia Gravis e) strabismus e) stroke 27 Obesity f) other f) high blood pressure g) other 28 Pregnancy Complications a) drug/alcohol use during pregnancy 38. Any other diseases which have occurred repeatedly in the family (specify) Biological Mother age at onset of menses: Code number and letter when describing disease/condition (attach additional page if needed) Form 419 (Rev 2-99)
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 58
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 59 FAMILY MEDICAL INFORMATION PATERNAL Check YES or NO to each of the follow ing diseasesor conditions. If the answ er is YES, give family member and brief description of disease condition, its effect, age of onset, age if cause of death, in the space below . Yes No Ye s No Yes No 1. Allergies 7. Congenital Birth Abnormalities b) premature births a) drugs 8. Cleft lip c) still births b) foods 9. Cleft palate d) incompetent cervix c) asthma 10 Cystic Fibrosis e) ectopic pregnancies d) hay fever 11 Diabetes f) eclamptogenic toxemia e) other 12 Dw arfism g) spontaneous abortion 2. Alcoholism/Drug Addiction 13 Epilepsy h) other 3. Blood Diseases 14 Hearing Disorder 29 Respiratory Diseases a) hemophilia 15 Huntington Disease a) emphysema b) RH disease 16 Hyperactivity (ADHD) b) bacterial pneumonia c) sickle celldisease/trait 17 Immune SystemDisease c) tuberculosis d) thalassemia (cooly’s anemia) e) other a) HIV + b) AIDS d) other 18 Learning Disability (specify) 30 Skin Disorders a) psoriasis b) other 4. Bone Disease a) arthritis b) curvature of the spine 31 Speech Disorders c) other structural malf ormation 19 Liver Disease a) stuttering d) other 20 Mental Illness b) tongue tie 5. Cancer a) bi-polar c) sound omissions a) breast b) schizophrenia d) sound distortions b) bow el c) other e) delayed speech c) colon 21 Mental Retardation f) other d) ovarian a) Dow ns Syndrome 32 Sudden Infant Death e) skin b) PKU 33 Systemic Lupus Erythematosis f) stomach c) Lesch-Nyham syndrome 34 Thyroid Disorders g) lungs d) Hunters 35 Tay-Sachs Disease h) leukemia e) tuberous sclerosis 36 Tourettes Syndrome i) other f) other 37 Visualdisorders 6. Cardiovascular Disease 22 Migraine headache a) cataracts a) atherosclerosis 23 Multiple Births b) dyslexia b) congenial heart defect 24 Multiple Sclerosis c) glaucoma c) heart attack 25 Muscular Dystrophy d) retinitis pigmentosa d) hyperlipidemia 26 Myasthenia Gravis e) strabismus e) stroke 27 Obesity f) other f) high blood pressure g) other 28 Pregnancy Complications a) drug/alcohol use during pregnancy 38. Any other diseases which have occurred repeatedly in the family (specify) Biological Mother age at onset of menses: Code number and letter when describing disease/condition (attach additional page if needed) Form 419 (Rev 2-99)
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 60
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 61 Form 419 (Rev 2-99) ALL RELATIONSHIPS ARE TO THE CHILD NAMES AND ADDRESSES CHILD: NAME (last, first, MI): DOB: ADDRESS: MATERNAL NAME DOB ADDRESS MOTHER: GRANDMOTHER GRANDFATHER AUNTS & UNCLES SIBLINGS PATERNAL NAME DOB ADDRESS FATHER: GRANDMOTHER GRANDFATHER AUNTS & UNCLES SIBLINGS Is mother aware of the provisions of 19-8-23F (Reunion Registry) YES NO Is father aware of the provisions of 19-8-23F (Reunion Registry) YES NO
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 62 D. THE DIFFERENCE BETWEEN PSYCHOLOGICAL EVALUATIONS AND FAMILY ASSESSMENTS PSYCHOLOGICAL EVALUATIONS  IQ test FAMILYASSESSMENTS  Social History  Adaptive level of functioning- everyday functioning for people with Developmental Disabilities  Family Dynamics  Academic Skill Levels  Family Strengths and Challenges  Mental Health Diagnosis (DSM-IV)  Exploring Parenting Skills  Neuropsychological Factors e.g. Head Injuries (Developmental & Current)  Reviewing Parents Perceptions of the Child(ren)  Individual Psychological History (Developmental & Current)  Child's Perception of Parent & or Parents  Assessing the Couples Relationship (If Appropriate)  Extended Family Resources Some behaviors may require a specialized assessment. Examples of specialized assessments are:  Disassociate Disorders  Fire setting  Learning Disability  Neuropsychological  Occupational Therapy Evaluation  Psychiatric Evaluation  Sexual Perpetrator  Specialized Medical  Speech and Language Evaluation  Substance abuse  Trauma Assessment (sexual, physical) Traditional individual psychological evaluations, parenting evaluations and family assessments do not provide information about:  Guilt or Innocence (Did an individual sexually abuse or physically abuse a child?)  Substance Abuse These factors have to be evaluated by experts in the field and through forensic channels.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 63 E. SAMPLE OF TOOLS 1. Observation Tools A. MIM-Marchak Interaction Method  The MIM is a method for observing the interactions of individuals and families as they perform a series of structured tasks together. Order from Theraplay Institute 847-256-7334.  Structured Task  Any set of structured tasks that provide a framework for observing families. B. Darlington Family Assessment System  This system is based on a structured interview that looks at four system levels:  the child's perspective  the parental perspective  the parent-child perspective  the whole family perspective  Wilkinson, Ian, (1998) Child and Family Assessment: Clinical Guidelines for Practitioners. 2nd edition. Routledge: New York C. McMaster Family Assessment Device  A complex systemic assessment system that explores the functioning of families on six major components:  Problem Solving  Communication  Roles  Affective responsiveness  Affective involvement  Behavioral Control Epstein, N.B., Baldwin, L.M. and Bishop, D.S. (1983) McMaster Family Assessment Device, Journal of Marital and Family Therapy, 9, 171-180. D. Timberlawn Couple and Family Evaluation Scales  These scales allow the observer to evaluate the family on six domains. 1. Structure 2. Autonomy 3. Problem Solving  4. Affect Regulation  5. Disagreement/Conflict  6. Global Competence Order from Administrator Timberlawn Research Foundation, P.O. Box 270789, Dallas, Texas 75227-0789. Telephone 214-388-0451.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 64 F. Function Emotional Assessment Scale (FEAS)  A parent and child observation scale by Stanley Greenspan & S. Weider G. Family Play Therapy  Examples include:  Play in Family Therapy by Eliana Gil (1994) Guilford Press: New York Treating Troubled Children and Their Families by Ellen Wachtel (1994) Guilford Press: New York 2. Home Observation Tools A. The Bricklin/Elliot Child Custody Evaluation: Home Visit Booklet. Start up Kit with 12 booklets: 1-800-553-7678 B. Family Assessment Form from Children's Bureau of Southern California -order form Child Welfare League of America- 1-202-638-2952 3. Parent's Perception of Child Tools A. APSIP: Assessment of Parenting Skills: Infant and Preschooler (Gail Elliott)- The APSIP evaluates a parents knowledge of a child's development, routines, special needs, fears and health history. B. PPCP: Parent Perception of Child Profile (PPCP) The PPCP evaluates a parent's perception of routines, health, development school, fears, personal hygiene and communication style. C. Stranger Situation Task (Ainsworth) D. Parent's Awareness Skills Survey (PASS) Parenting Awareness Skills Survey (PASS) The PASS reflects the sensitivity and effectiveness with which a parent response to typical childcare situations. Village Publishing (800) 553-7678 E. Parent Child Relationship Inventory. This self-report inventory tells how parents view the task of parenting and how they feel about their children. WPS-800-648- 8857 F. Parenting Alliance Measure. This is a self-report instrument that measures the strength of the perceived alliance between parents of children ages 1 to 19 years of age. PAR- 1-800-331-8378 G. Parenting Stress Index: This screening and diagnostic instrument was developed on the basis that the total stress a parent experiences is a function of certain salient child characteristics, parent characteristics and situations that are directly related to the role of being a parent. PAR- 1-800-331-8378
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 65 H. Stress Index for Parents of Adolescents: This screening and diagnostic instrument was developed on the basis that the total stress a parent experiences is a function of certain salient child characteristic, parent characteristics and situations that are directly related to the role of being a parent of an adolescent. PAR- 1-800-331-8378 4. Child's Perception of Parents Tools A. PORT: Perception-Of-Relationship Test: The Port measures how close a child feels to a parent Village Publishing (800) 553-7678 B. BPS: Bricklin Perceptual Scales: These scales can be used with children as young as 4. It evaluates how a child perceives his/her parent's competence, follow-up consistency, ability to be supportive and possession of admirable personality traits. Village Publishing (800) 553-7678 C. Discipline Index: The discipline index systematically obtains information from a child about the child's perceptions of each parent's disciplinary practices. Village Publishing (800) 553- 7678 D. Family Relations Test-By Eva Bene and James Anthony- This test attempts to assess the family relationships and family tensions as the child directly experiences them. 5. Parent's Knowledge of Parenting Tools A. Observation B. Nurturing Quiz: This is a quiz that measures a parent's knowledge of behavior management ideas and techniques from Family Development Resources, 800- 688-5822. C. Parenting Awareness Skills Survey (PASS): The PASS reflects the sensitivity and effectiveness with which a parent responds to typical childcare situations. Village Publishing (800) 553-7678 6. Global Assessment of Relational Functioning Scale- GARF Tools Refer to DSM-IV A. Group for the Advancement of Psychiatry Committee on the Family (1996) Global Assessment of Relational Functioning Scale (GARF); Family Process: 35: 155-175 B. Dausch, Barbara M., Miklowitz, David, J., and Richards, Jeffrey (1996) Family Process 35: 175-191.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 66 7. Limit Setting Skills and Discipline Tools A. Child Abuse Potential Questionnaire- This questionnaire was designed as a screening scale for physical child abuse. PsyTec-1-815-758-1415 B. AAPI: Adolescent-Adult Parenting-2 Inventory: This brief inventory explores beliefs about corporal punishment, ability to empathize with the needs of child, role reversal, and inappropriate expectations. From Family Development Resources 1-800-688-5822 8. Couple/Relationship Tools A. ENRICH: Relationship Questionnaire B. Lerner and Spanier C. Structured Tasks for observation (Plan a dinner or a night out) 9. Stress and Resources Tools A. LISRES-Life Stressors and Social Resources Inventory PAR1-800-331-TEST B. DUNST Scales-Stress and Resource Questionnaires NOTE: For questions regarding the family assessment standards, resources, or tools please contact Wendy Hanevold Ph.D., Licensed Psychologist #1574 (Georgia) 404-583-7333, or email hanevol9@bellsouth.net.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 67 SECTION VI EDUCATIONAL ASSESSMENT STANDARDS & REPORTS A. INTRODUCTION The educational component is a comprehensive assessment of the child's educational history prior to placement in foster care. The purpose of the educational assessment is to determine a child’s educational needs and to ensure that necessary supports are provided to give the child the best chance for academic and social success. Typically the educational assessment is completed for school age children, five to eighteen. However, if a child under the age of four (4) participates in early intervention, then components of the report must be completed. The educational standards should include, but are not limited to, the following:  Current school records  Current Individual Education Plans (IEP).  Educational History  Test scores from standardized tests such as Iowa, Stanford IV, CRCT, etc.  Psychological evaluations   Grades  Discipline Reports  Attendance Records  Achievements  A Brief Summary of the child’s functioning in the current grade level and any other significant issues.  IQ Testing  An IQ test does not need to be repeated:  If a child has had an IQ score completed with the WISC-III or Stanford- Binet within three calendar years.  If the child was at least 7 (seven) years of age at the time of the earlier IQ test  If a child will not be referred for Level of Care and/or MATCH services  An IQ test must be repeated:  If a child was under 7 (seven) years of age at the time of the earlier IQ test  If the child has had a head injury or evidence of serious mental illness has emerged since the initial evaluation  If the child was not on medication (such as Ritalin) during the earlier evaluation  If a child is referred for Level of Care and/or STAC services an IQ test must be current (completed within one calendar year).  A summary of the child’s educational history and current status must be included in the CCFA report.  Case Manager or Provider must have a parent sign a Release of Information Form to collect this information, if required by the school.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 68  The three (3) page Educational Evaluation Report, which may be filled out by Provider but must be signed by a certified school official. (1) Who Can Complete the Educational Evaluation The provider may complete and sign the educational evaluation or the official school personnel may complete form and sign. The provider who may be Master’s level individual (preference to a M.Ed. specialist) must specifically list in the report the name and title of the school official and the date the information was obtained. CASE REVIEW The placement case manager must continue to update each child's educational progress every six months as part of the case review. This update must address any needs identified in this assessment (Social Services Policy Manual Section 1011).
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 69 B. EDUCATIONAL ASSESSMENT REPORT The title and format of the report is as follows and must include both Part I and Part II. The Provider may fill out the Educational Evaluation Report. Thoroughly complete each item. Do not leave an item blank. If the requested information is unavailable, explain. Attach all educational records collected. ReportTitle: EducationalEvaluation Report Part I: Educational Evaluation Name of Child____________________________ Birth Date_____________________ Gender________________________ Date(s) of Evaluation_______________________________________________________ Source of Information/Title___________________________________________________ ______________________________________________________________________ __ 1. Current School Status School Name: ____________________________________________________________ School Address: __________________________________________________________ School Telephone #: _________________ Present Grade Level: _________________ Performance: _________________ Type of Classroom Placement: __________________ Educational Strengths/Needs: _______________________________________________ ______________________________________________________________________ __ Is child working up to academic/developmental capacity? ____Yes ____ No 2. Results of Hearing Screening (Using an audiometer) ______________________________________________________________________ __ ______________________________________________________________________ __
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 70 ______________________________________________________________________ __ 3. Results of Vision Screening (Snellen eye Chart + other appropriate measures) ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ 4. Academic Screening (Woodcock-Johnson II, Wechsler Individual Achievement Test (WIAT), Kaufman (KTEA) may be available from psychological evaluation) Name of Test_____________________________________________________________ Standard Score Percentile Grade Equivalent ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ 5. Descriptors for Areas of Concern (attached) observations from teacher(s) ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ 6. Behavior Rating Scale ( Achenbach: Teacher Report Form preferred) List of Significant Problem areas: ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 71 ______________________________________________________________________ __ ______________________________________________________________________ __ 7. Mental Ability Instrument: IQ (WISC-III, Stanford-Binet) (may be available from psychological evaluation) Name of Test_____________________________________________________________ Standard Score Percentile Standard Error of Measurement ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ 8. If IQ falls within or below the Mildly Mentally Retarded Range you must include an Adaptive Behavior Scale (i.e. Vineland, AAMD) (may be available from psychological evaluation). Name of Test ______________________________________________________ Domain Standard Score Age Equivalent ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ Part II: School History Attach current school records and current IEPs. 1. Number and grade levels of retentions: ______________________________________________________________________ __ ______________________________________________________________________ __ 2. Names of different schools and school systems: ______________________________________________________________________
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 72 __ ______________________________________________________________________ __ ______________________________________________________________________ __ 3. Modifications made to regular curriculum: ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ 4. Participation in remedial or compensatory program(s) (e.g. Title I, SIA, Remedial Education, alternative school, etc.) ______________________________________________________________________ __ ______________________________________________________________________ __ __________________________________________________________________ 5. Is the student support team currently serving the child? ____Yes ____No 6. Has child been referred to special education or Early Intervention (birth to three)? ____Yes ___No If yes, Date of Referral:____________ Program Area____________________________ 7. Was the child previously in special education or early intervention, but no longer eligible? ____Yes ____No If yes, reason ineligible ___________________Program Area_______________________ If yes, dates of previous eligibility_____________________________________________ 8. Is the child currently in special education or early intervention (birth to three)? ____Yes ____No If yes, attach current records (IEP, eligibility report, psychological, standardized group tests etc.)
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 73 9. Is child eligible for residential service as determined by the IEP? ____Yes ___No 10. If the child is not in special education, specify any supportive service e.g. tutoring, remedial classes, speech) being provided: ______________________________________________________________________ ______________________________________________________________________ ____ Any Recommended? ______________________________________________________________________ __ 11. If child changes schools at the time of placement, explain why the change was necessary. ______________________________________________________________________ __ ______________________________________________________________________ __ 12. Specify strengths, talents, interest, and abilities that should be developed. ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ 13. Specify how the child learns best ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ 14. Specify issues that my impede learning. ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 74 15. Record significant observations regarding the child’s attitude, independence, dependence, self-control, social interactions and friendships developed. ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ I certify that a school official has provided the assessment & history information. ______________________________ ____________________________________ Provider (Print Name) School Official (Print Name) ______________________________ ____________________________________ Provider (Signature) School Official (Signature) ______________________________ ____________________________________ Job Title School Official (Title) Date:__________________________ Date:_______________________________
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 75 SECTION VII MEDICAL STANDARDS & REPORTS A. INTRODUCTION The medical component is a comprehensive assessment of the child's overall health status. This information is used by DFCS staff, judges, CASA’s and others to ensure that the medical needs of children in foster care are addressed. Children entering foster care will have a Health Check (EPSDT: Early Periodic Screening, Diagnostic, and Treatment) service within ten (10) days of their placement. Health Check (EPSDT) is Medicaid’s comprehensive and preventive child health program. Health Check includes periodic screening, vision, dental, hearing services, etc. To strengthen the Department’s collaboration with the Division of Public Health, children may receive Health Check screens at the local health department or with an approved Health Check provider. For a list of approved Health Check providers, go to: www.ghp.georgia.gov. The following are included in Health Check services:  Comprehensive Health and Development history  Developmental Assessment including mental, emotional, and behavioral screens  Comprehensive unclothed physical exam  Immunizations according a Recommended Childhood Schedule by the Advisory Committee on Immunization Practices (ACIP)  Certain Laboratory procedures (including, but not limited to, blood lead level screening)  Measurements  TB and Lead Risk Assessment  Anticipatory Guidance and Health Education  Vision Screening  Dental/Oral Health Assessment  Hearing Screening If the developmental screen completed as part of the Health Check, yields any developmental delays or concerns, a developmental assessment must be completed. The Health Check Provider is responsible for making a referral for the assessment and DFCS is responsible for the ensuring the child has the assessment within thirty-days of the Health Check. Children three and under, who are referred to Babies Can’t Wait (BCW) per the Child Abuse Prevention and Treatment Act (CAPTA) requirement for referral of children to early intervention, may receive an assessment from BCW. Also, if the dental screens yields any concerns or the need for dental treatment, DFCS is responsible for follow-up within thirty-days of the Health Check with an approved Medicaid Dental Provider. Medicaid Dental Professions may be located by calling 1- 800-432-4357.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 76 The medical standards should include, but are not limited to, the following: (1) Standard I  Patient Name:  Medical Record Number:  Medicaid Number (if applicable):  Date of Visit: (2) Standard II  Completed Georgia Department of Human Resources Immunization Form 3231 (3) Standard III  Child’s Medical History – Provider must collect a verbal medical history on all children and obtain medical records from birth to present for medically fragile children and children in protective custody as a result of severe physical abuse.  Family Health History - Provider should make every effort possible to obtain this information through interviews with the family prior to the child’s Health Check appointment. (DHR Form # 419 Background Information on State Agency Child) (4) Standard IV  Impressions of child's current medical needs.  Ongoing Treatment Plan (as outlined by Health Check Provider)/Recommendations, if applicable.  Referrals, if applicable. The Medical Report must include the following attachments in order to be complete:  Health Check Service Documentation/flow chart  Medical Records (medically fragile children and severe physical abuse)  DHR Form #419 Background Information for State Agency Child—Available online at http://dfcs.dhr.georgia.gov/fostercare. This form must be typed and contain as much information as possible.  DHR Form 3231 Certificate of Immunization NOTE: When any routine and/or emergency treatment (outside of Health Check services) is identified during the course of the medical assessment, the county DFCS must be notified. Prior to any treatment being provided, a DFCS staff member must authorize by signature. Treatment examples include ear tubes, minor surgery, etc. (5) Who Can Complete the Medical Evaluation The provider must complete the medical assessment report and summarize the findings from the Health Check appointment. The provider, who may be Bachelor’s level, must
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 77 specifically list in the report the name, title, and date, of any licensed medical official from whom the information is obtained. The licensed medical professional completing the Health Check screen must sign the Health Check documentation forms/flow chart. NOTE: CASE REVIEW The case manager must continue to update each child's medical status every six months as part of the case review. This update must address any need identified in this assessment. The Case Manager must also obtain medical records on all children placed in foster care. B. MEDICAL ASSESSESSMENT REPORT The title and format of the report is as follows and must include the following four (4) sections and all accompanying documentation. ReportTitle: MedicalAssessmentReport 1. Identifying Data  Child’s Name:  Medicaid Number (if applicable):  Date of Visit:  Summary statement regarding the current overall health/medical status of the child. 2. Medical History  Child’s History of Present Illness  DHR Form #3231 Certificate of Immunization  Family Health History – Provider should make every effort to interview the family to obtain as much information about the child’s and family’s health history See the prior history Form in the current Health Check Policy and Procedures manual (www.ghp.georgia.gov) 3. Summary and Recommendations  Development of an Individualized Medical Treatment Plan (as outlined by the approved Health Check Provider)  Recommendations, if applicable  Referrals if applicable 4. Name, Signature, and Date Completed The provider must complete the medical assessment report, which is a summary of the findings of the Health Check appointment with the medical professional. The provider, who may be Bachelor’s level, must specifically list in the report the name, title, and date, of any licensed medical official from which the information is obtained.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 78  Print Name  Signature  Job Title  Date REMINDER: The Medical Assessment Report must include the following attachments in order to be complete:  Health Check Service Documentation  Medical Records for medically fragile children or physical abuse cases.  DHR Form #419 (Background Information for State Agency Child) --Available online at http://dfcs.dhr.gerogia.gov/fostercare. This form must be typed and completed in its entirety.  DHR Form 3231 Certificate of Immunization
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 79 SECTION VIII MULTIDISCIPLINARY (MDT) STANDARDS & REPORTS A. INTRODUCTION A comprehensive assessment on any child or family is not complete until a Multidisciplinary team representing multiple disciplines meets to review all relevant aspects of the information. It is the team's responsibility to make the best and most appropriate recommendations for services and placement (if appropriate) that meets the needs of the child and family. The team will select reasonable, achievable goals/objectives that are positively stated, measurable, clear, concise, and address the specific behaviors or conditions that must be corrected for the child to be safely returned to the parent and incorporated into the initial case plan. Goals that are unrelated to the conditions, which resulted in the child’s placement or child-specific service goals, may be entered in the Case Plan Reporting System (CPRS) as secondary goals for the family. DFCS as the legal custodian of the child may or may not follow the recommendations of the MDT. When the MDT recommendations are not implemented or included in the initial case plan, the reasons why must be clearly documented on the MDT Staffing Recommendation Form # 3. (1) Definition Multidisciplinary teams consist of persons representing various disciplines associated with key components of the assessment process. The disciplines which may participate as part of the MDT should include, but are not limited to the following:  Legal Custodian (DFCS - Case Manager, CPS Investigator, CPS Ongoing Case Manager, Supervisor, Independent Living Coordinator for any youth 14 or older) – All case managers involved with the child/family should be present at the MDT.  CCFA Provider (Provider who conducted the actual assessment.)  Educational (School system representative who has direct knowledge of the educational status of the child(s) or an appropriate designee)  Medical (Medical system representative who has direct knowledge of the medical & dental status of the child(s) or an appropriate designee.) A representative from the local health department should be invited to attend the MDT for every child assessed. If a child receives services from Babies Can’t Wait (BCW), the BCW service coordinator should be invited to the MDT meeting.  Psychological (The actual psychologist who conducted the psychological evaluation or an appropriate designee)
  • 80.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 80  Judicial (A representative from the appropriate court system if the child (s) had any court or law enforcement involvement. This may include local law enforcement officials or a Court Appointed Special Advocate (CASA)).  Mental Health (A representative from the MHMRSA system that may have direct knowledge of mental health or substance abuse issues affecting the child (s) or family).  Foster Parent(s) or placement provider where the child(s) resided during the assessment process that has direct knowledge of the child(s) behavior and activity during the assessment. DFCS foster parents may earn 1.5 in-service training hours for their attendance and participation at a MDT meeting for a child(ren) placed in their home. Upon completion of the MDT meeting, the CCFA provider will sign the Certificate of Attendance (attached and available at http://dfcs.dhr.state.ga.us/fostercare) and provide a copy to the foster parent for tracking purposes.  Any other individual having appropriate information directly related to the case. Note: An appropriate designee may be a county school system counselor, a public health representative, or a clinician that regularly sits as part of the MDT. (2) Team Composition A duly constituted MDT must have a minimum of three separate disciplines represented. DFCS, regardless of the number of staff persons attending, only represents one discipline. The birth parents, relatives, foster parents, and the children (age appropriate) should attend and have input at the MDT. The birth parent’s attendance is required for case planning purposes. However, birth parents, relatives or children do not count as a discipline for purposes of constituting a team. An MDT may contain representatives from all of the above listed disciplines and may have more than one representative attend from any one discipline. There is no maximum number of participants. It is up to the DFCS office and the provider to decide who should attend any MDT. MDTs should be composed on a case-by-case basis that best represent the needs of the child and family. The County DFCS Director or his/her specific designee can waive in writing the requirement for three disciplines to be represented on any team on a case-by-case basis. If Babies Can’t Wait (BCW) is assessing a child, under the age of three, the provider should make every effort possible to include the BCW coordinator as a member of the team. (3) The MDT and Family Team Meeting For a description of Family Team Meeting, refer to Appendix E, Page 191 in the manual. The complete Georgia Family Team Meeting Handbook (Form # 48). The MDT Meeting and the Family Team Meeting are two separate meetings. DFCS will
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 81 schedule the FTM and the MDT meeting. The provider is responsible for coordinating and facilitating the MDT Meeting. The SSCM is responsible for facilitating the Family Team Meeting. DFCS will schedule a family team meeting within nine days of the child’s placement in foster care. The SSCM will notify the parent of the CCFA and FT meeting at the 72-hour hearing. The CCFA Provider may invite other persons to attend the FTM as indicated on the referral form. The family team meeting will begin the initial case planning for the family. The CCFA provider must attend the FTM meeting and incorporate information from the meeting into the final CCFA report. The CCFA provider will be sure to obtain information on possible relative placement resources to include in the report. The 1st Family Team Meeting held within nine (9) days of the child’s placement in foster care should be facilitated by DFCS, however there are instances in which the county may choose to purchase the service from the CCFA/Wrap-Around provider. In these instances the CCFA provider is responsible for facilitating the family team meeting (see Wrap-Around Services – In Home Case Management). The Family Team Meeting is a tool that is part of the assessment process. Good practice and DFCS policy requires that families be involved in planning for their children, regardless of the permanency plan. Family Team meetings may be held at any point in the life of a case and are encouraged to facilitate permanency planning with the family. The conference notes from the Family Team Meeting should be shared with the MDT. The SSCM will provide notice within five days of the MDT meeting and the intent to develop the initial case plan to the parent and/or family members. If the parent or family members are not present at the MDT meeting, the findings and recommendations of the MDT should be shared as soon as possible. (4) Collaboration The MDT meeting is one of the foundations of the Comprehensive Child and Family Assessment (CCFA) process. Multidisciplinary teams represent the ultimate in public/private collaboration. County Departments and providers must work together to develop ongoing, effective teams. While the provider is responsible for contacting potential team participants and inviting them to the MDT staffing, County Departments can assist in this endeavor by identifying and contacting public officials (i.e. a public health representative, a school official, etc.) who would be willing to participate as a regular team member. This would help to develop broad representation and ensure the required numbers of disciplines are represented. In addition, setting regular times and locations for MDTs also helps facilitate additional participation since most participants are volunteering their time. The county department will set the date of the MDT meeting when initiating the referral for the CCFA. (5) Meeting Time and Location It is DFCS’s responsibility to set the meeting time, location, and date for the MDT. The
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 82 CCFA provider will facilitate the meeting and ensure all representatives are notified and invited (arranging transportation when necessary). This is normally done in conjunction with the County Department. Based on the CCFA, the provider will recommend individualized service strategies for consideration by DFCS to include in the family or child’s case plan. These recommendations should be included in the CCFA report(s). The goals and steps should be achievable and measurable. At the conclusion of the MDT, the provider is responsible for completing the MDT Staffing Recommendation Form (Form # 3). If a duly constituted MDT could not be convened, (3 separate disciplines represented) the reasons should be clearly stated on the recommendation form under the participant's section. (6) Who Can Conduct the MDT The MDT meeting should be coordinated and facilitated by the individual who completed the Family Assessment. B. MULTIDISCIPLINARY TEAM (MDT)REPORT The Multidisciplinary Staffing Recommendation Form 3 meets the requirement for the report. All sections of Form 3 must be completely filled out. Section I Case Identifying Information Section II Participants  If a duly constituted MDT could not be convened, (three separate disciplines represented) the reasons should be clearly stated in this section. Also, the reason the parent, family, and placement resource was not in attendance must be explained in this section. Section III Placement Recommendations (Identification of possible relative resources)  Child's Needs  Most Appropriate Placement  Reason why placement recommended Section IV Permanency Recommendations  Reunification  Adoption  Guardianship  Placement with Fit and Willing Relative  Another Planned Permanent Living Arrangement, Specify _________ Service V Service Recommendations – development of case plan ( If there are service recommendations not incorporated into the case plan, please
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 83 explain)  Child  Birth Family  Relative  Foster Parents  Other Section VI Statement to Parents  To be read to parents if they participate in the MDT. Section VII Signature  Name, Title, and Agency of person completing form  Date MDT completed.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 84 FORM # 3 MULTIDISCIPLINARY TEAM (MDT) STAFFING RECOMMENDATION FORM (One form must be completed for each child) Section I Case Identifying Information Child’s Name:__________________________________ DOB: ___________________ County Name:______________________________________________________________ MDT Meeting Date:_________________________ Section II Participants Participants Name Title Signature ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________ ________________________________________________________________________ __ Section III Placement Recommendations (1) Brief detail of child's needs________________________________________________ ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ (2) Most appropriate type of placement (relative, foster care, group home, institution etc.) ______________________________________________________________________ __
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 85 ______________________________________________________________________ __ ______________________________________________________________________ __ (3) Why this placement is recommended________________________________________ ______________________________________________________________________ __ ______________________________________________________________________ __ ______________________________________________________________________ __ (4) Will this placement be supported through Wrap-Around Services? If yes, what services are recommended?________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ ______________________________________________________________________ Section IV Permanency Recommendations Reunification Adoption Guardianship Placement with Fit and Willing Relative Another Planned Permanent Living Arrangement, Specify _______________________ Section V Service Recommendations (development of case plan) The goals of the case plan are designed to address the specific behaviors or conditions that must be corrected for the child to be safely returned. The goals must be specific, positively stated, measurable, and achievable. They must outline who will do what, when, how often, and where. (1) Child: ________________________________________________________________ ______________________________________________________________________ __ ______________________________________________________________________ __ (2) Birth Family: ___________________________________________________________ ______________________________________________________________________ __
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 86 ______________________________________________________________________ __ (3) Relative: ______________________________________________________________ ______________________________________________________________________ __ ______________________________________________________________________ __ (4) Foster Parents: ________________________________________________________ ______________________________________________________________________ __ ______________________________________________________________________ __ DFCS SSCM will incorporate information into the Case Plan Reporting System (CPRS) and submit to the court for its consideration to be entered into an order. Section VI Statement to Parents The following statement is to be read verbatim to parents if they participate in the MDT. As a parent of a child in foster care, you have certain rights, including the right to understand the reasons for removal, to participate in planning toward your child's return and to know what you must do to accomplish the changes which are outlined in your case plan. Foster care is a temporary plan. Your child needs to have a permanent home as soon as possible. Therefore, you and the Department need to work together toward this end. The agency will assist you in your efforts to have your child returned through providing direct services and referral to other agencies. At the same time, the agency will be evaluating your efforts in meeting the stated goals of the Case Plan. Visitation arrangements and contacts with the caseworker are included in the Plan. These are also important responsibilities for you to understand and meet. The Case Plan has been developed and discussed with the Child (as appropriate) and Parent(s) as it relates to permanency, safety, and well being (health, education, and mental needs being met while in care) of the child.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 87 SECTION IX ASSESSMENT REPORTING STANDARDS A. INTRODUCTION The completion of a comprehensive assessment of the child and family, including all relevant components is based on a time line that is triggered whenever a child is removed from the home and taken into DFCS custody. The following time line standards were developed to ensure that assessments and reports are done in accordance with the Adoption and Safe Families Act guidelines on moving children toward permanency. (1) Assessment Report The vendor has 30 calendar days from the receipt date of the referral to complete the assessment. This includes gathering all information, facilitating a Multidisciplinary Team Staffing (See MDT Staffing Recommendation Form, Form # 3), and producing a final written report. The MDT meeting will be held within twenty-one (21) days of the CCFA referral date. The provider may verbally present the information gathered and any recommendations for service provision. The psychological evaluation must be completed before the MDT. A verbal report and recommendations from the psychological may be presented at the MDT meeting. The final written psychological report must be included with the CCFA report. Note: The SSCM will begin initial case planning at the Family Team Meeting and conclude case planning with the family at the MDT meeting. If the MDT meeting is delayed, the case manager is still responsible for completing (with the family) and submitting the initial case plan to the court within 30 days of the child entering care. In addition, the case manager must notify the court that additional information is forthcoming from the assessment. Once the CCFA is received, the case manager is required to provide the information to the court. (2) Assessment Waiver A waiver request may be made where extenuating circumstances prevent the completion of the assessment within 30 calendar days. A vendor must submit the request to the appropriate DFCS representative using the CCFA Waiver Request Form (Form #4) within fifteen days of accepting the referral. The County Director or designee authorizes the waiver request. The approving authority may authorize a waiver for a time span of from one to 15 days. A waiver may be requested for a specified number of days, but should never exceed 15 calendar days. Waiver requests from vendors should be an exception. The reason(s) for a
  • 88.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 88 waiver should be clearly explained on the waiver request form. Vendors who consistently request waivers should be reviewed for compliance with the contract. Waivers are limited to one per assessment referral. When a waiver request is denied by the authorizing party, the vendor must be notified immediately and provided with an explanation of the reason(s) for denial DFCS must indicate on the waiver request form, if DFCS is responsible in any way for the delay in the CCFA. (3) Thirty-day Notice. The County DFCS Department will provide written notice to the provider and the State Office Provider Review Committee via certified mail within 30 days of any noted deficiencies regarding compliance to the terms and conditions of the contract. (4) Assessment Invoice Submittal The provider will submit a written report and an assessment invoice within 30 days of receipt of the referral. The written report will include a separate Assessment Summary Coversheet Form #7 for each child assessed. An assessment invoice must be submitted within ten (10) days of completion for each child assessed. The county approving authority will submit to their appropriate accounting department each completed invoice within five (5) days of receipt if the assessment meets the standards and requirements as outlined in the standards. CCFA/Wrap-Around Invoices are available at http://dfcs.dhr.georgia.gov/fostercare. Forward the original invoice to Accounting for payment; retain one copy in the child's record. (5) Late Assessment Penalty CCFA reports should be submitted within thirty days of the date of the receipt of the referral, unless a waiver is requested and approved in writing within 15 days of the receipt of the referral. Reports received after 30 days of the referral may be subject to a $10 per day reduction from the approved family assessment payment rate. A pattern of late reports will result in corrective action by the Department including reductions in referrals and could result in contract termination.
  • 89.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 89 ASSESSMENT WAIVER REQUEST FORM FORM # 4 CHILD AND FAMILY ASSESSMENT COMPONENTS:  HEALTH CHECK  PSYCHOLOGICAL  EDUCATIONAL  FAMILY ASSESSMENT  MULTIDISCIPLINARY TEAM STAFFING (MDT)  Match Profile Instrument (MPI) Date:_________________________________________________________________ County Name:__________________________________________________________ Child’s Name:___________________________________________________________ DFCS Case manager’s name:______________________________________________ DFCS Supervisor’s name:_________________________________________________ Date Assessment Referred:_________________________________________________ Original Due Date:_________________________________________________________ Note: Waiver must be requested within fifteen (15) days of the date of the referral. Reason for waiver request: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ______ Length of Waiver Requested: (Check appropriate box - not to exceed 30 calendar days.) 0-5 days 6-10 days 11-15 days Assessor’s Name:___________________________________________________________ Agency name:______________________________________________________________ Phone/Fax/Pager:___________________________________________________________ TO BE COMPLETED BY DFCS ONLY Request Approved: Yes No If yes, new due date (enter date) __________________ If no, state reason: ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ______ Approved by: Name:____________________________________
  • 90.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 90 Title:________________________________ Date :_______________________________
  • 91.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 91 Assessment Summary Coversheet FORM # 7 EnclosedInformationof Assessment (1) Date Referred by DFCS: _____________________ (2) Date Received by Provider: ______________ (3) Date Completed by Provider: __________________ (4) Date Received by DFCS: ________________ Contractor Name: _____________________________ Telephone #: _____________________________ Child’s Information Ethnicity: B--Black W--White A--Asian AI--American Indian or Alaskan Native H--Hawaiian or Pacific Islander U--Unable to Determine Checklist Name of Child (first): (middle): (last): Preferred Name: SS#: Child ID#: Date of Birth: Sex: M F Ethnicity1: Height: Weight HL--Hispanic/Latino Origin: HLU—Hispanic/Latino Origin--Unable to Determine Birthplace: City County State Current Address (also if facility): Street City State Zip Psychological Family Assessment Adolescent Assessment Medical/Health Check Medical History (if child is medically fragile or severe physical abuse case) Immunization Certificate School Records, School History and Summary Current/Previous IEP’s (if applicable) Certificate of Eye, Ear, and Dental Examination (if required by local school system) MDT Staffing Recommendations MATCH Profile Instrument (MPI) Other Identifying Information (List brief description of each 1. 2. 3. 4. 5. NOTE: You must complete a separate cover sheet for each child assessed.
  • 92.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 92 COMMENTS: ______________________________________________________________________ ______________________________________________________________________ ____
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 93 SECTION X RELATIVE PLACEMENT STANDARDS & REPORTS A. INTRODUCTION All relatives in Georgia, including parents, identified as a possible placement resource for a child/sibling group, will require a relative home evaluation. Home evaluations must be completed within 30 days of receipt of a referral requesting a study (evaluation) of a specific relative’s home. The referral may be submitted during or following the Comprehensive Child and Family Assessment. The standards for relative home evaluations are considered based on the needs of the specific child or sibling group requiring a placement in Georgia. The relative placement resource and their home must be determined to be appropriate to adequately meet the child’s needs. This includes the child’s physical, mental, emotional, medical, educational, social and Inter-personal needs. Additionally, the case file must document that a relationship by blood, marriage or adoption exists between the child and caregiver prior to completing the relative home evaluation. This requirement includes establishing paternity. The format of the report follows and must include the five sections (Items II., A-E) listed below. These requirements also apply to home evaluation requests submitted through the Interstate Compact on the Placement of Children (ICPC) offices. B. RELATIVE HOME EVALUATION REPORT All domains and areas being evaluated pertain to the parent’s or relative caregiver’s home for purposes of considering it as an acceptable placement resource for a specific child or sibling group. The suggested format includes, but is not limited to, a review of all the domains or areas listed below. 1. Data Section  Date Evaluation Initiated  Identify Child  Relative Name and Spouse (if married)  Clarify Relative’s Relationship to the Child  Reason for Evaluation  Household Composition (Names, ages, gender, relationship to child and other household members, etc.)  Prior DFCS Involvement (relative caregiver and all household members)
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 94 2. Domains and Areas Evaluated (includes, but is not limited to):  Interpersonal Relationship Between Parent and Child  Interpersonal Relationship between Parent and Relative Caregiver(s)  Interpersonal Relationship between Relative Caregiver(s) and Child  Household Members/Key Data  Living Arrangements  Sleeping Arrangements  Employment History, if appropriate  Current Financial Status  Health History/Current Status (all family members)  Marriage Status  Education Status  Interpersonal Relationships with the Child(ren) Being Placed  Discipline Views and Practices  Corporal Punishment Views and Practices  Commitment to Abide by State Prohibition of Corporal Punishment  Practices and Views on Maintaining Parental, Sibling and Other Family Ties  Interpersonal Relationships With Other Household Members  History of Criminal Activity (Mandatory for all persons age 18 and older); includes fingerprint checks, both GCIC and NCIC and Sexual Offender’s Registry @ http://www.ganet.org/gbi/sorsch.cgi or through IDS, under the Protective Services Data System (PSDS)  Residence check completed by law enforcement on the address of the relative for the previous five years. The residence check should note all calls for the address.  Drug Screening (all adults, age 18 and older)  Medical Statement indicating that caregiver does not have any health concerns or conditions, which impedes their ability to care for the child(ren) or places them at risk. All health related concerns, which, otherwise, precludes them from consideration as a placement resource for the child(en) must be addressed. This is mandatory for relative caregivers. It must be dated within 12 months prior to the date of the evaluation.  Home Environment o Appearance and State of Repair/Maintenance Issues o Cleanliness o Soundness of Physical Dwelling o Appearance of Electrical Wiring System, Fixtures and Outlets o Appearance of Gas Lines and Heating and Cooking Appliances o Availability and Condition of Running Water Indoors o Availability and Condition of Toilet Facilities Indoors o Appearance of Household Furnishings o Availability and Appearance of Storage Facilities (closets, cabinets, pantry, bookshelves, etc.)  Home and Personal Safety Issues, Practices and Concerns o Swimming or Wading Pools, Ponds, Lakes, etc. o Trampolines
  • 95.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 95 o Animals o Environmental Hazards o Weapons o Electrical Wiring o Waste (garbage, trash, animal feces, etc.) o Unlocked and Inoperable vehicles, appliances, etc. o Dangerous porches, steps, doors, etc. o Inadequate Fencing o Access to busy streets and/or highways  Views and Practices of Child Supervision o Swimming or Wading Pools, Ponds, Lakes, etc. o Trampolines o Animals o Environmental Hazards o Weapons o Electrical Wiring o Waste (garbage, trash, animal feces, etc.) o Unlocked and Inoperable vehicles, appliances, etc. o Dangerous porches, steps, doors, etc. o Inadequate Fencing o Access to busy streets and/or highways  Family and Community Resources  Birth and Extended Family's Strengths and Needs  Parent/Relative Caregiver Strengths and Needs  Two References Required  Additional Pertinent Observations and Concerns Must be Discussed and Documented 3. Results of Evaluation (Findings and Conclusions) 4. Summary and Recommendations 5. Complete Name(s), Signature(s), Titles and Date(s) on all Required Documents and/or Forms C. WHO CAN COMPLETE RELATIVE HOME EVALUATIONS A DFCS case manager or private provider may complete the Relative Home Evaluation. The County Director or designee must approve the contracting of the assessment with a provider. Relative Home Evaluations may be charged to UAS Code 511 under Code 29, Other/Relative Assessments. Fees are not to exceed $350/per relative home evaluated. This rate includes costs related to a Family Team Meeting. The provider may be reimbursed for any costs, (which exceeds the above-referenced $350 fee), related to the following mandatory reports:
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 96  Criminal Background Checks (fingerprint checks, both GCIC and NCIC);  Drug Screening Checks; and  Medical statements NOTE: These items apply to all relative caregivers and household members, 18 years or older. Receipts are required before reimbursement is made for theses expenses.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 97 D. APPROVAL OF RELATIVE HOME EVALUATIONS The responsibility for recommending approval of a relative home evaluation rests with the County Department of Family and Children Services office, which conducted the study, and will ultimately have to supervise the home if placement is made. Initial placements may be made on the merits of the favorable home and family assessments and in conjunction with documentation that local law enforcement has performed a satisfactory criminal records background check on all persons eighteen (18) or older in the home using their full name, date of birth, and social security number (if available) pending the results of the GCIC and NCIC. Relatives accepting such placements must be clearly informed that, the child(ren) will be removed, if it is determined that the family is ineligible, based upon information contained in the NCIC report or any other adverse information received by the Department. URGENT NOTE: Family members should be informed that many variables influence a placement decision affecting a child or sibling group requiring a placement in Georgia. The relative placement resource and their home must be determined to be appropriate to adequately meet the child’s needs (physical, mental, emotional, medical, educational, social and interpersonal). The case file must document that a relationship by blood, marriage or adoption exists between the child and caregiver prior to completing the relative home evaluation. This requirement includes establishing paternity. Also, the homes of multiple relatives may be evaluated concurrently. Therefore, a favorable home evaluation does not guarantee that placement will occur. NOTE (1) Case managers must document that a relationship by blood, marriage or adoption exists between the child and caregiver prior to completing the relative home evaluation. This requirement includes establishing paternity. (2) Case managers must notify or coordinate with other counties, as appropriate, to arrange when, where, and by whom a relative home evaluation is to be conducted. (3) The case file must contain proper documentation of all required and pertinent relative assessment information and forms.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 98 SECTION XI WRAP-AROUND SERVICES Comprehensive Child and Family Wrap-Around Services (Promoting Safe and Stable Families) A. INTRODUCTION Comprehensive Child and Family Assessment (CCFA) (CCFA) Wrap-Around Services provide critical support in Placement (PLC) cases with the intent of promoting safe and stable families and early reunification. The individual Wrap-Around Services may be used in combination or as separate service components. Unless otherwise specified, the duration of service provision may not exceed eight (8) months. Court ordered after care services are required to continue wrap-around services once custody has been transferred to the parent or relative. On court ordered after-care services, wrap-around services may be extended up to an additional six months without a waiver. The need for Comprehensive Child and Family Wrap-Around Services should be determined in the Comprehensive Child and Family Assessment, as children enter care. If the child does not have a Comprehensive Assessment, or if the need for Wrap- Around Services does not arise until after an Assessment has been completed, then the service needs of the family are documented on the Wrap-Around Services Authorization (Form 5). The process for accessing Comprehensive Child and Family Wrap-Around Services and for paying providers follows. To initiate Wrap-Around Services, follow these steps:  Consult the Approved Provider List found at the web site http://dfcs.dhr.georgia.gov/fostercare.  Complete a Wrap-Around Services Authorization (Form #5) and obtain the necessary approvals; provide a copy to Accounting.  Make the referral to the vendor by using the Referral for Wrap-Around Services (Form#6) no later than 15 days of identifying the service need.  Expect the provider to acknowledge the receipt and acceptance of the referral within 24 hours of receipt.  Contract the parent, relative, foster parent and/or adoptive parent by sending a standard letter of intent that outlines the Wrap-Around Service process and introduces the particular vendor to the family. To process the provider’s invoice for payment, follow these steps:  By the 10th of each month, ensure that the provider has submitted both the Wrap- Around Services Documentation Report of all contacts made with the child, parent, relative, foster parent and/or adoptive parent during the previous month and the Wrap-Around Services Invoice;
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 99  Review for completeness and accuracy;  Forward to the designated DFCS approving authority for signature. Forward the original invoice to Accounting for payment; retain one copy for the case record. NOTE: The following forms are used in the provision of Wrap-Around Services and can be download individually from the CCFA Information Page at http://dfcs.dhr.georgia.gov/fostercare:  Wrap-Around Services Authorization (Form #5)  Referral for Wrap-Around Services (Form #6)  Wrap-Around Services Documentation  Wrap-Around Services Invoice  Wrap-Around Services Invoice instructions B. WRAP-AROUND SERVICES The decision to initiate wrap-around services will be based on the recommendations of the comprehensive child and family assessment for most children. The need for Comprehensive Child and Family Assessment (CCFA) Wrap-Around Services should be determined in the Comprehensive Child and Family Assessment for children entering foster care. If the child does not have a Comprehensive Child and Family Assessment, the case manager must document on the Wrap-Around Services Authorization Form, that an assessment has not been completed, but list the reason(s) for services. The appropriate individuals must sign the form prior to the referral being made. The following time line standards were developed to ensure that services are provided in accordance with the Adoption and Safe Families Act (ASFA) guidelines in moving a child toward permanency: (1) Wrap-Around Services Authorization. Case managers must first generate a Wrap-Around Services Authorization (Form #5) indicating the specific types of wrap-around services needed and expected outcomes. The authorization must be approved in writing by the designated county DFCS approving authority (County Director or appointed designee). (2) Referrals for Wrap-Around Services. No later than 15 days of identifying specific service needs, DFCS case managers complete and provide to a vendor a Referral for Wrap-around Services Form # 6. The DFCS Case manager should include any significant or unusual information about the child or family on the referral form (i.e. deaf child).
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 100 (3) Provider Acceptance The provider will notify (if by telephone follow up by, fax or e-mail) the case manager of the receipt and acceptance or decline of the referral within 24 hours of receipt. (4) Contact with the Family. The case manager will send a standard letter (See Appendix A) of intent to the family and the foster parent(s) involved outlining the family wrap-around service process and introducing the particular vendor providing the services. The provider will make the initial face-to-face contact with each family, referred for services within two business days of receipt of the referral. In making contact with the family, the provider must show picture identification and a copy of the referral letter. The DFCS Case manager will assist the provider in gaining access to family members enrolled in active treatment programs (i.e. alcohol or substance abuse). (5) Copies of Case Record Information Case managers are responsible for providing appropriate copies of all reports and/or other information from any DFCS case files as indicated on the Pre-evaluation Checklist and a copy of the current case plan. This information must be provided to the provider within five days of the date of the referral for Wrap-Around services. This information will aid the provider in providing the designated services. If it is found that the provider needs information that is not on the Pre-evaluation Checklist, the case manager must copy this information with the approval of the supervisor, county director, and/or designee. (6) Unable to Provide Services The provider will advise the County DFCS Office if it makes a determination that it is unable or unwilling to provide the designated wrap-around services to a particular family within five days of receipt of the referral. The provider will provide written communication stating the reasons for this decision. (7) Scheduling and Transportation The provider is responsible for scheduling all appointments and arranging or providing transportation. (8) Court Appearance Appearance and/or testimony in court proceedings by the CCFA provider is part of the assessment process (see page 16). Any required court appearances beyond sixty days
  • 101.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 101 of the CCFA referral date can be reimbursed only if the provider is subpoenaed to testify. The CCFA Wrap-Around Provider is required to appear and/or testify in court and may be reimbursed at a rate of $50.00/hour if he/she meets professional standards and $25.00/hour if he/she meets case management or paraprofessional standards. (9) Mileage Reimbursement Mileage is reimbursed at a rate of $0.28 per mile. CCFA providers may bill for mileage from their residence, official business address, or county making the referral, whichever is nearer to the destination point. This also applies when providers are asked by the County Department to travel outside of the referring county to support a child or family in another county. C. WRAP-AROUND SERVICES REPORTING STANDARDS The following time line standards were developed to ensure that Wrap-Around Services are done in accordance with the Adoption and Safe Families Act (ASFA) guidelines on permanency. The following actions must be taken: (1) Wrap-Around Documentation Report and Wrap-Around Invoice Submittal. The provider must provide the county with a completed documentation form for all contacts made with child, parent and/or foster parent monthly. The documentation forms for the previous month must be sent with a completed invoice by the 10th of each month. Documentation must include the information found in paragraph F of this section. The county approving authority will submit to the accounting department each completed invoice within five (5) days of receipt. Forward the original invoice to Accounting for payment; retain one copy in the child's record. (2) Thirty-day Notice. The County DFCS Department will provide written notice to the provider and the State Office Provider Review Committee via certified mail within 30 days of any deficiencies regarding compliance to the terms and conditions of the contract. D. CODES, DEFINITIONS, ELIGIBILITY, RATES AND FUNDING FOR CCFA WRAP AROUND SERVICES FISCAL CODES FOR CCFA WRAP-AROUND SERVICES
  • 102.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 102 UAS Code 518  80 Summer Safety/ Summer Enrichment  95 In-Home Intensive Treatment  71 In-Home Case Management  24 Crisis Intervention (Prevent Disruption)  47 Crisis Intervention (Behavioral Management)  53 Transportation  88 Court Appearance (1) Summer Safety / Summer Enrichment (Entitlement Code 80) a) Purpose: Summer Safety/Summer Enrichment supports the foster or adoptive family and promotes the well-being of children by providing summer enrichment activities. These activities offer stimulating learning and/or cultural experiences in the community and are available through such programs as the Red Cross, YMCA, school or church- related camps, etc. b) Eligible children/youth: Must be under 14 years of age and in DFCS custody. Child/youth must be placed in DFCS foster home, adoptive home (adoption not finalized) or a private child placement agency (foster or adoptive home -adoption not finalized). Note: For youth age 14 and older, enrichment activities are charged to Program 585 (Secondary Educational and Enrichment Expenses). All referrals for 585 must go through the Independent Living Coordinator. c) Child Care Licensing guidelines are applicable for summer camps. Rate: Allocation of funds is based on the number of children in care. Therefore, enrichment activities are limited to a maximum of $252.00 per child per summer (June, July and August). For children attending school year round, three subsequent months in the year may be substituted for June, July and August. A contract is not required. Prepare Authorization (Form #5) and copy to Accounting. No Referral (Form #6) is required. (2) In-Home Intensive Treatment (Entitlement Code 95) a) Purpose: The purpose of In-Home Intensive Treatment is to provide therapeutic and/or clinical services for a family in preparation for the safe return of a child and/or to maintain and stabilize a child’s current placement. b) Service Activities: Activities include, but are not limited to, drug treatment and support services for the parent and/or child; therapy and/counseling; mental health evaluation of parent and/or child; domestic violence counseling; anger and stress management/counseling; behavior aides for child; grief management; loss and/or separation issues; discipline issues, etc. Note: The specific in-home services/activities may be based on the recommendations of a licensed professional; e.g., Psychiatrist,
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 103 Psychologist, Physician and/or Certified Teacher in the Comprehensive Child and Family Assessment and/or in the Case Plan. The Case Manager specifies in a written plan the activities/services to be delivered by the provider, along with expectations for the provider to make face-to-face weekly contacts with the primary client (child) and any other required contacts, as needed, with the family, relative, foster parent and/or adoptive parent. The Case Manager will receive monthly progress reports (Wrap-Around Documentation Report) and at least quarterly, must have face-to-face contacts with the provider to address progress and/or other issues. Providers must be on-call 24 hours a day, 7 days a week, including telephone contact and home visits as necessary. The provider is also responsible for ensuring the provision of clinical services in the home. c) Provider Qualifications: In-Home Intensive Treatment must be completed by an individual with a minimum of a Master’s level of education in Social Work, Counseling, or Psychology with an LCSW, LMFT or LPC granted by the State of Georgia’s Composite Board of Counselors, Social Workers, and Marriage and Family Therapists, as well as be in good standing with that authority. Individuals with a Master’s degree who are under the supervision of an LCSW, LPC or LMFT may provide In-Home Intensive Treatment. In which case, the Wrap-Around Services quarterly reports require two signatures: the licensed supervisor’s and the Master’s level clinician assessor. d) Rate: The contracted rate for clinical services is $60.00 per hour plus mileage at a rate of $0.28 per mile. The maximum fee is $3500 per family. (3) In-Home Case Management (Entitlement Code 71) a) Purpose: The purpose of In-Home Case Management is to provide case management assistance to families in completing the defined goals and steps of the Case Plan. b) Service Activities: Activities include, but are not limited to, providing direct services; coordinating community services; advocating for service provision; coordinating and supervising visitation with parent(s), relative, and/or siblings; preparing families for reunification; monitoring placements for safety and stability following reunification (Aftercare); drug screening of the parent/relative; criminal record checks (fingerprint clearances, GBI, NCIC) for the parent, relative or other caregiver; medical exam for relative caregiver for purpose of establishing paternity (DNA testing); does not include court fees for legitimization; tutorial program; behavior aides for child; parent aide services (Para-professional) and/or parenting classes; transportation services; coordinating and facilitating family conferences, preparing children for adoption (excluding Child Life Histories); developing and discussing Life Books; discipline issues; translation services; sign language services; etc. A written waiver must be sent to the
  • 104.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 104 Regional Field Director to pay for any service not otherwise listed. The waiver should include who will receive the service and why the service is needed. NOTE: A waiver request for use of a vendor not approved by CCFA/Wrap-Around to provide tutorial services must be sent to the Director of Social Services. The request must include the child’s name, DOB, copy of educational report from the CCFA, school reports, and the credentials of the individual proposed to provide the services. An explanation of why an approved vendor is not appropriate must be included. Parent-Aide Services – Duties and responsibilities must be consistent with DFCS Family Service Worker I and Family Services Worker II job responsibilities. The specific in-home services/activities may be based on the recommendations of a licensed professional; e.g., Psychiatrist, Psychologist, Physician and/or Certified Teacher in the Comprehensive Child and Family Assessment and/or in the Case Plan. The Case Manager specifies in a written plan the activities/services to be delivered by the provider, along with expectations for the provider to make weekly face-to-face contacts with the primary client (child) and weekly contact with the family, relative, foster and/or adoptive parent. The Case Manager will receive monthly progress reports (Wrap-Around Documentation Report) and at least quarterly, must have face-to-face contacts with the provider to address progress and/or other issues. Providers must be on-call 24 hours a day, 7 days a week, including telephone contact and home visits as necessary. c) Provider Qualifications: A Bachelor’s level education in Social Work, Counseling, or Psychology or a related field is needed for most (see Para-professional for exceptions) activities/services. The Bachelor’s level individual must sign all Wrap- Around Documentation Forms. The Para-professional is an individual who does not have a degree, but has both the skills and knowledge necessary to provide parent aide services. d) Rate: The contracted rate is $45.00 or $30.00 (Para-professional) per hour plus mileage at a rate of $ 0.28 per mile. The maximum fee is $5000 per family. (4) Crisis Intervention to Prevent Placement Disruption (Entitlement Code 24) a) Purpose: Crisis Intervention to Prevent Placement Disruption provides an immediate service to stabilize a volatile family situation where safety of the child is not an issue, but may result in a child’s current foster care/relative placement, adoptive placement (adoption not finalized) or Aftercare placement, being at imminent risk of disruption and/or the child being at risk of re-entering foster care.
  • 105.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 105 b) Service Activities: Activities include, but are not limited to, coordinating community services; advocating for service provision to child and family; monitoring placements after reunification has occurred (Aftercare); therapy and/or counseling; domestic violence counseling; anger and stress management/counseling; behavior aides for child; parent aide services and/or parenting classes, coordinating and facilitating family conferences; grief management; loss and/or separation issues; discipline issues; translation services, sign language services; etc. The specific activities/services may be based on the recommendations of a licensed professional; e.g., Psychiatrist, Psychologist, Physician and/or Certified Teacher in the Comprehensive Child and Family Assessment and/or Case Plan. The Case Manager specifies in a written plan the activities/services to be delivered by the provider, along with the frequency of face-to-face contacts by the provider with the primary client (child) and the family, relative, foster parent and/or adoptive parent. The Case Manager will receive monthly progress reports (Wrap-Around Documentation Report) and at least quarterly, must have face-to-face contacts with the provider to address progress and/or other issues. Providers must be on-call 24 hours a day, 7 days a week, including telephone contact and home visits as necessary. The provider is also responsible for ensuring the provision of clinical services in the home. c) Provider Qualifications: Crisis Intervention to Prevent Placement Disruption must be completed by an individual with a minimum of a Master’s level of education in Social Work, Counseling, or Psychology with an LCSW, LMFT or LPC granted by the State of Georgia’s Composite Board of Counselors, Social Workers, and Marriage and Family Therapists, as well as be in good standing with that authority. Individuals with a Master’s degree who are under the supervision of an LCSW, LPC or LMFT may provide Crisis Intervention to Prevent Placement Disruption. In which case the Wrap-Around Services quarterly reports require two signatures: the licensed supervisor’s and the Master’s level clinician assessor. d) Rate: The contracted rate is $60.00 per hour for clinical services and behavioral/disruptive crisis intervention, and $30.00 per hour for paraprofessional family services depending on the level of intervention. Transportation of the client is reimbursed at $0.28 per mile. There is no maximum fee per family. However, service provision may not exceed eight (8) months. (5) Crisis Intervention for Behavioral Management (Entitlement Code 47) a) Purpose: Crisis Intervention for Behavioral Management provides an immediate service to stabilize and manage the behavior of a child which may result in his/her current foster care/relative placement, adoptive placement (adoption not finalized) or
  • 106.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 106 Aftercare placement, being at imminent risk of disruption and/or the child being at risk of re-entering foster care. b) Service Activities: Activities include, but are not limited to, coordinating community services; advocating for service provision to child and family; monitoring placements after reunification has occurred (Aftercare); therapy and/or counseling; domestic violence counseling; anger and stress manage/counseling; behavior aides for child; parent aid services and/or parenting classes, coordinating and facilitating family conferences; grief management; loss and/or separation issues; discipline issues; translation services, sign language services; etc. The specific activities/services may be based on the recommendations of a licensed professional; e.g., Psychiatrist, Psychologist, Physician and/or Certified Teacher in the Comprehensive Child and Family Assessment and/or Case Plan. The Case Manager specifies in a written plan the activities/services to be delivered by the provider, along with the frequency of face-to-face contacts by the provider with the primary client (child) and the family, relative, foster parent and/or adoptive parent. The Case Manager will receive monthly progress reports (Wrap-Around Documentation Report) and at least quarterly, must have face-to-face contact with the provider to address progress and/or other issues. Providers must be on-call 24 hours a day, 7 days a week, including telephone contact and home visits as necessary. The provider is also responsible for ensuring the provision of clinical services in the home. c) Provider Qualifications: Crisis Intervention for Behavior Management must be completed by an individual with a minimum of a Master’s level of education in Social Work, Counseling, or Psychology with an LCSW, LMFT or LPC granted by or the State of Georgia’s Composite Board of Counselors, Social Workers, and Marriage and Family Therapists, as well as be in good standing with that authority. Individuals with a Master’s degree who are under the supervision of an LCSW, LPC or LMFT may provide Crisis Intervention for Behavior Management. In which case the Wrap-Around Services quarterly reports require two signatures: the licensed supervisor’s and the Master’s level clinician assessor. d) Rate: The contracted rate is $60.00 per hour for clinical services and behavioral/disruptive crisis intervention, and $30.00 per hour for paraprofessional family services depending on the level of intervention. Transportation of the client is reimbursed at $0.28 per mile. There is no maximum fee per family. However, service provision may not exceed eight (8) months. E. WRAP-AROUND SERVICES FORMS
  • 107.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 107 The following forms all apply to the provision of wrap-around services. They can also be downloaded individually from the CCFA Information Page of the Georgia Association of Homes and Services web site at http://dfcs.dhr.georgia.gov/fostercare:  Wrap-Around Services Authorization Form #5  Referral for Wrap-Around Services Form #6  Wrap-Around Services Documentation  Wrap-Around Services Invoice F. WRAP-AROUND SERVICES DOCUMENTATION The following information must be documented (typed) and submitted along with the wrap-around services invoice with each invoice submitted.  Provider Name  Date  Client Name  Case #  County  DFCS Case Manager  Start and End Times (am/pm) of services provided  Type of Services Provided:  Summer Safety/Summer Enrichment  In Home Intensive Treatment  In-Home Case Management  Crisis Intervention to Prevent Placement Disruption  Crisis Intervention for Behavioral Management  Transportation  Purpose/Goal of Visit (Specify who was seen by name) – Address if goal is outlined in family’s case plan.  How the purpose/goal was achieved, topics/areas discussed  Client's level of understanding and/or participation  Goals to be accomplished by next visit o Present recommendation on permanency, safety and well-being  Signature of Provider  Date NOTE: Attach Documentation to Wrap-Around Services Invoice
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 108 SECTION XII STANDARDS FOR BECOMING AN APPROVED COMPREHENISVE CHILD AND FAMILY ASSESSMENT (CCFA) PROVIDER A. COMPREHENSIVE CHILD AND FAMILY ASSESSMENT (CCFA) PROVIDER QUALIFICATION GUIDELINES The contractor must comply fully with all administrative and other requirements established in the contract. A provider’s program must comply with the definition, eligibility, program description, services, service fees and program evaluation component of the CCFA program outlined in the CCFA standards. 1. Providers must complete training in Comprehensive Child and Family Assessment (CCFA) including both "Back to Basics" and "Advanced" trainings. Supervisors who are responsible for supervising family assessors must also attend the "Advanced" training. All family assessors must complete the Advanced Skills Training. Providers must maintain certificates of attendance on file for all who have attended training. All persons approved to complete assessments prior to January 1, 2005 must provide documentation of their attendance in an Advanced Training Session before December 31, 2005. 2. All provider agencies shall have an identified administration with authority over and responsibility for staff and service delivery of the CCFA program and services. The administration must ensure that its staff will follow the Georgia DFCS guidelines and requirements listed in the most current CCFA Standards. 3. All provider agencies will provide, show and maintain proof of general commercial liability of $100,000 minimum insurance for their employees and their actions. 4. It is required that counselors/assessors have a minimum of a Master's level of education in Social Work, Counseling, or Psychology with an LCSW, LMFT, or LPC granted by the State of Georgia’s Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists and be in good standing with that authority. Counselors/assessors with a minimum Masters level education in social work or counseling who are not licensed by the Composite Board may complete assessments as long as they are under the clinical supervision of an LCSW, LMFT, or LPC. NOTE: Bachelor’s level individuals may only facilitate the medical component of the assessment and/or accompany a child to the psychological appointment. A bachelor’s level individual is qualified to provide services under In-Home Case management Entitlement Code 71. Non-degreed individuals may transport a child to and from a psychological appointment
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 109 and provide par-professional services under In-Home Case Management, In-Home Intensive Treatment, and Crisis Intervention. 5. All services must be offered without discrimination on the basis of political affiliation, religion, race, color, sex, mental or physical handicap, national origin, age or financial ability to pay. 6. A record of services must be maintained on each child served for a minimum of three years. The record must contain a complete account of services rendered for each child. The provider’s record, once completed, is the property of the Department, is confidential, and must be safeguarded. 7. In assessing families, the provider must incorporate the Georgia Division Of Family and Children Service’s policy, which prohibits corporal punishment or emotional, physical, sexual or verbal abuse. 8. The agency and/or provider shall adhere to the professional code of ethics regarding responsibility to clients, integrity, confidentiality, responsibility to colleagues, assessment instruments, research, advertising, and professional representation. 9. Providers must submit designated information to the Georgia State Office of Child Protection for evaluation purposes. The information needed will be updated with each CCFA standards update. 10.All providers must be prepared to undergo annual audits and reviews by the Georgia DFCS State Office of Child Protection or its designated representative in order to maintain provider status. These reviews may include, but not limited to, audits of staff qualification (Copy of Master’s Degree or License), random selections of reports of ensure regulations of time and content are met, and record keeping accuracy. 11.CCFA supervisory staff needs extensive knowledge of social work, counseling and mental health concepts. Supervisory staff must have a minimum of a Master's level of education in Social Work, Counseling, or Psychology with a LCSW, LMFT, or LPC granted by the State of GA Composite Board of Professional Counselors, Social Workers and Marriage and Family Therapists and be in good standing with that authority. 12.Comprehensive Child and Family Assessment (CCFA) bachelor level staff are limited to certain specific activities * and are required to have a minimum of a bachelor's level education in social work, counseling or psychology or a related field. 13.Comprehensive Child and Family Assessment (CCFA) non-degree staff is limited to certain specific activities and they are required to have experience and knowledge in social services. * See Section XII, D. for provider qualifications for each type of wrap-around services.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 110 B. PROVIDER ENROLLMENT PROCESS The following steps comprise the process for a provider applying for enrollment as an "Approved Assessment Provider:" Refer to Appendix C for an application and samples of approval letters. Applications for CCFA/Wrap-Around Services will be accepted quarterly in February, April, August, and November. 1. Provider inquiry - via email or regular mail. 2. Private Provider Enrollment Application downloaded from the web. 3. Technical assistance to private providers on any aspect of the application process is available upon request via email. 4. Provider completes and mails application. 5. Initial review of application completed by a member of the State Provider Review Committee within six weeks of receipt. If all parts of the application are present, the application is prepared for presentation to the State Provider Review Committee. (This process may take up to eight weeks.) 6. Application package reviewed by State Provider Review Committee. The committee usually meets quarterly, unless the need arises to meet more frequently. 7. Provisional Approval Granted -- letter sent within seven (7) to ten (10) working days of the committee's decision. The State provider Review Committee will assign a county to the provider for the purpose of completing the first two comprehensive child and family assessments. 8. Provisional provider forwards the complete copies of the first two comprehensive child and family assessments (two separate families) to the State Provider Review Committee. The initial assessments must be completed and forwarded within 90 days of the provisional approval date. 9. A member of the State Provider Review Committee completes an initial review (within two weeks of receipt) of the assessments (to insure completeness) and forwards them to the DHR clinical psychologist consultant for clinical review. (Review may take up to six weeks.) 10.State Provider Review Committee convenes to review entire application. 11.State Provider Review Committee's Decision 12.Provider notified by letter of final status within ten (10) working days of the decision.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 111 13.Once two assessments have been received and favorably reviewed by the State Provider Review Committee, the provider will receive a contract for services. Once an executed contract is on file, the provider will receive a "Full Approval" letter. At that time the provider will be added to the CCFA Approved Provider List and at this time the provider may begin providing services. The CCFA Approved Provider List is updated monthly. 14.If the committee decides not to grant full approval, providers will be notified by letter. 15.Provider may re-apply by submitting a new application within one year of the denial date of the application. 16.Providers are asked to communicate via email. Applications and other correspondence must be mailed to the State Provider Committee. Information hand delivered by the provider will not be accepted.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 112 C. PROVIDER ENROLLMENT/RE-ENROLLMENT APPLICATION DIVISION OF FAMILY AND CHILDREN SERVICES COMPREHENSIVE CHILD AND FAMILY ASSESSMENT FIRST PLACEMENT BEST PLACEMENT 1. Your Name: __________________________________________________________________ 2. Title/Position: _________________________________________________________________ 3. Agency Name: ________________________________________________________________ 4. Agency Status: For Profit Not-for-Profit FEI# _______________________________ C. Are you applying for re-approval as an independent contractor, non-profit agency, Community Service Board (CSB), for profit agency? 6. Address (Mailing) _____________________________________________________________ __________________________________________________________ ___ 7. Address (Location) _____________________________________________________________ _____________________________________________________________ 8. Phone: __________________________ 9. Fax: _______________________________ 10. Email address: _____________________________________________________________ 11. Web Page Address: _______________________________________________________ 12. Yes No Add address to "Approved Assessment Provider" E-mail address book. 13. How long have you been doing Comprehensive Assessments (CCFA)? __________________
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 113 14. How many Comprehensive Assessments have you completed in the past 12 months? _______ 15. Do you provide CCFA Wrap-around Services? Yes No 15 (a). If yes, please provide the number of Wrap-around cases served for the last calendar year by the following: Summer Safety/Summer Enrichment: __________ In-Home Intensive Treatment __________ In-Home Case Management __________ Crisis Intervention (Code 24) __________ Crisis Intervention (Code 47) __________
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 114 16. Training: 16 (a). List all individuals who attended "Back to Basics" and "Advanced" training and the dates attended. Note: All Family Assessors must have a certificate on file for Advanced Training.__________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ ________ 16 (b). List any additional training you or your staff have received that enhances your ability to complete all aspects of the CCFA assessment and wrap-around services program. List by name of training, dates of training, trainer and CEUs attained. __________________________ _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ ______ 17. Waivers: Has your agency requested any waivers during the past year? Yes No 17 (a). If yes, provide a complete list of all waivers requested, the reasons for each request, the county involved, and whether the waiver was approved (yes or no). 18. List the county DFCS offices you are currently providing services: (add additional sheets as necessary) ______________________ ______________________ ______________________ ______________________ ______________________ ______________________ 19. Do you have any plans for expanding your services in Georgia? Yes No If yes, please list the additional counties or geographic areas you plan to serve: ____________________________________________________________________________ __ 20. List any special or unique capabilities of your agency. For example, you have staff capability in translating in Spanish, sign language, etc. 21. Are you a Medicaid provider? Yes No. If so, list your provider #__________ (For interagency use only) 22. Signature:__________________________________________ Date: ___________________ Title: __________________________________________
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 115 Application must be mailed to: (Applications will not be accepted if they are faxed, emailed or hand delivered by the provider) The Department of Human Resources, DFCS Attention: CCFA Statewide Assessment Program 2 Peachtree Street, NW, Suite 18-204 Atlanta, Georgia 30303 For questions or assistance, call (404) 657-3459 or email to lbcofield@dhr.state.ga.us,
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 116 APPLICATION ATTACHMENTS The Department of Human Resources, Division of Family and Children Services reserves the right to verifyany of the information provided in these attachments with the appropriate credentialing body, licensing board, insurance carrier, or criminal background check system. The Department will verifyeducational and licensure credentials. The following attachments must be included as part of the application: (1). Copy of current Business License(s) or other appropriate license or documentation (e.g. Letter of Incorporation). (2). Copy of proof of general commercial liability coverage of a minimum of $100,00.00. You must include with this information a signed release by your agency that gives Department of Human Resources, Division of Family and Children Services (DHR/DFCS) permission to verify with the Insurance Company. Liability coverage must include all staff or provide verification that all persons whom you contract with have appropriate coverage. (3). Copy of other professional credentials e.g. transcripts for all person(s) who will be completing the assessments/providing services. Provide a list by name, education, and license, for each staff member or subcontractor. You must include with this information a signed release by each individual that gives Department of Human Resources, Division of Family and Children Services (DHR/DFCS) permission to verify with the specific credentialing body (e.g. university, college, licensing board, etc.) the credentials listed. (4). Copies of a state and national fingerprint check (Georgia Crime Information Center - GCIC and National Crime Information Center - NCIC) is required for all staff and all subcontractors and their staffs. Provisional Status may be granted with a satisfactory criminal records check from a local law enforcement agency, however Full approval is contingent upon the receipt of satisfactory results from NCIC. Submit two (2) sets of fingerprints cards and a money order, in the amount of $24.00 to the GCIC for processing. (5). A copy of the current Georgia Driver’s license and current automobile insurance must be provided on all individuals who will have the responsibility of transporting children or families. Persons transporting children and families are required to have coverage that is inclusive of terms/provisions for transporting children and families. (6). A brief statement of your experience in assessing children and families. Included in this statement should be the names, titles, and professional credentials of all supervisory staff and the names of the individuals they are supervising. (7). Attach two (2) current references (letters within the last year) from individuals or organizations (at least one from a DFCS office) that are familiar with your work. Include their name, address, and phone number on the agency letterhead. (8). Please provide a list all individual(s)/agencies who make up your support network for the provision of CCFA/Wrap-Around services. All providers must have approved Health Check
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 117 Providers and Psychologist/Psychiatrist as identified members of their support network or team. This list should include the names, addresses, and telephone numbers of the individual/agency. (9). For re-enrollment only. Copies of two (2) assessment packages completed within the past three months. On two different families if a particular type of report was not done in the past three months, then submit copies of the two most recently completed. These will be reviewed to insure the Minimum Standards for Child and Family Assessments were followed. Package for Re- application Must Include: Ages 4 - 18 Psychological Assessment Report Family Assessment Report Adolescent Assessment (Ages 14-18) Report Educational Assessment Report Medical Assessment Report Note: If any of the five (5) reports above are not provided in the re-application, a specific reason for not including that report must be stated. For example, if no referrals for adolescent assessments were received, then this reason should be stated. (10). (a) List the members of your staff and their specific roles and responsibilities in the provision of both assessment and wrap-around services. Include an organizational chart reflecting the individuals listed. (b) Discuss any staff turnover in the past year. List individuals who were approved to provide services for your agency, and are no longer working with your agency. (11). For re-enrollment providers only. Agencies providing wrap-around services, are to submit copies of two different Wrap-Around Services Documentation reports (Ref: Section XIII, G. in CCFA Standards). Note: Applications should be tabbed in accordance with the enrollment/re-enrollment application numbers and attachments. The application should include a cover letter and table of contents. Once approved, providers are responsible for keeping their enrollment package current by providing to the DFCS State Office of Child Protection, CCFA Provider Review Committee, Two Peachtree Street, NW, Suite 18, Atlanta GA 30303 updated information on staffing, credentials, licensure, and insurance coverage as changes occur. Application and all attachments must be mailed to: (Applications will not be accepted if they are faxed, hand delivered by the provider, or emailed.),
  • 118.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 118 The Department of Human Resources, DFCS Attention: CCFA Statewide Assessment Program 2 Peachtree Street, NW, Suite 18 Atlanta, Georgia 30303 For questions or assistance, please send via email to lbcofield@dhr.state.ga.us.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 119 D. ENROLLMENT/RE-ENROLLMENT APPLICATION INSTRUCTIONS DIVISION OF FAMILY AND CHILDREN SERVICES COMPREHENSIVE CHILD AND FAMILY ASSESSMENT 1. Provide your full name. 2. Provide the title of the person on line 1. or the position. For example, Executive Director, or Clinical Director, or Case Manager 3. Provide the name of the organization that you are applying to be approved under. Provide the legal name and/or the name doing business as. For example, "Comprehensive Family and Health Services" doing business as "New Horizons" If applying as an Individual, list the full name of the individual, including his/her title. For example, Dr. Joe Smith, Ph.D., Clinical Psychologist. 4. Check the appropriate box regarding your organization status. 5. Check the appropriate box as indicated. 6. Provide your official mailing address. 7. Provide your organization location address if different from your mailing address. Otherwise enter "SAME”. A Post Office Address is not acceptable. You must list a physical address. 8. Business telephone number. 9. Business fax number. 10. Business or other e-mail address where you wish to receive e-mail on any aspect of the application process. This e-mail address may be incorporated into an overall e-mail address book of approved providers. The purpose will be to disseminate information pertinent to providers doing assessments. Types of information that might be provided are training topics and dates, alerts to changes in standards, application and re-application information, and any other information of interest to all approved private providers. 11. List your web page address, if applicable. 12. Check the appropriate box. It is strongly recommended that you provide an e- mail address and keep it current. This is the preferred method of communication with all providers and will ensure you of getting critical information in a timely manner. 13. List the number of months you have been doing assessments. 14. For re-enrollment only. Completed comprehensive assessments should equal the numbers of invoices you have submitted and received payment for the last calendar year. 15. For re-enrollment only. Check the appropriate box. 15 (a) indicate the number of cases for each type of service listed. 16. Training (within the last calendar year) 16 (a) Include with the list copies of attendance certificates for all individuals listed, if available. 16 (b) include any information on additional training that may be applicable.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 120 17. For re-enrollment only. Waivers (last calendar year). Check appropriate box. 17 (a) Provide a complete list as indicated. 18. List only those Georgia counties you provide assessment services to. 19. Do you have any plans for expanding your services? If yes, please explain and list additional areas. 20. List any unique capabilities of your agency, including other types of services or programs you provide. 21. Only answer yes to this question if you have a Medicaid provider number. 22. The Executive Director, President or equivalent must sign and date the re- application upon completion. If the application is from an individual as opposed to an organization, then the individual is responsible for signing the re- application. Please include the title and date signed. Please mail the re-application form and all other accompanying information to: The Department of Human Resources, DFCS Attention: CCFA Statewide Assessment Program 2 Peachtree Street, NW, Suite 18-204 Atlanta, Georgia 30303 Note: The State Provider Review Committee reserves the right to check and verify the credentials, degrees, and/or licensing information on any employee included as part of the application.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 121 E. DFCS FIELD AREA MAP The DFCS Field Area Map can be found at the following website: http://dfcs.dhr.state.georgia.gov/fostercare
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 122 F. PROVIDER REVIEW AND RE-ENROLLMENT PROCESS The following steps comprise the process for a provider review and re-enrollment as an "Approved Assessment Provider:" Refer to page 135 for a Re-enrollment application. 1. Provider sent letter informing them of time for review and re-enrollment. 2. Provider re-enrollment package sent via mail. 3. State Provider Review Committee provides technical assistance to the provider on all aspects of the re-enrollment process. (Response within five (5) business days to any request for assistance.) 4. Provider completes and mails re-enrollment application. 5. State Provider Review Committee completes initial review of re-enrollment application to ensure it is complete. Review will include identifying issues to be included in various surveys. (Estimated time of four to six weeks.) 6. State Provider Review Committee surveys local County DFCS staff, purchasers, consumers and provider of assessment services. Surveys may also be done annually to address practice improvement issues. (Estimated time of four to six weeks.) 7. The State Provider Review Committee arranges for a time and date for an on- site review of the providers performance at a local County DFCS Office. Notifies provider in writing of the time and date. 8. State Provider Review Committee conducts on-site review of provider's performance, including random review of assessment records. Includes interview with the provider. (See Monitoring Review Form) 9. Re-enrollment application, survey results, and the results of the on-site reviews all evaluated by the State Provider Review Committee. 10. State Provider Review Committee's decision -- Provider notified of decision via letter.
  • 123.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 123 Page 1 of 2 G. MONITORING REVIEW FORM Provider:________________________________________ Agency Individual County: __________________________________ Review Date: __________________ Parent's Name: _________________ Child's Name: ____________________________ State Reviewer's Name: __________________________________________________ REVIEW GUIDE QUESTIONS Yes No N/A 1. Was a Contract completed with the Provider? 2. Was a referral form sent to the provider? 3. Was contact made with the family within two days? 4. Did the provider meet with the Case manager? 5. Did the provider timely advise the county when unable to make contact with the family? 6. Did the Provider agree to work according to the progress payment schedule in the contract? 7. Did the provider cooperate with the County in obtaining criminal records checks? 8. Did the provider arrange all medical and psychological appointments? 9. Did the provider collect medical records when applicable? 10. Did the provider collect pertinent educational records? 11. Did the provider take the child for a health check with an approved health check provider within 10 days of the child’s placement in foster care? 12. Did the provider complete the MDT within 21 days of the receipt of the referral? 13. Did the county receive a written report from the provider within 30 days of the referral? 14. Has the county provided the provider with a letter of any deficiencies?
  • 124.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 124 15. Have any provider appeals or grievances been filed? 16. Was the invoice for payment timely submitted?
  • 125.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 125 Page 2 of 2 MONITORING REVIEW FORM (Continued) On-Site Case ContactSummary Date Date Date Child's Name & Date of Contact Parent's Name and Date of Contact Type Name of Collateral, Date and Type Home Visit Contact Summary: ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ______________________________________________________________________ ________ CASE REVIEW RESULTS State Reviewer's Case Review Discussion with Case manager Case Corrections Needed? No Yes Date Due: Case Corrections Completed: Date: State Reviewers Case Review Comments:
  • 126.
    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 126 H. STATE OF GEORGIA DEPARTMENT OF HUMAN RESOURCES CONTRACT Introduction A contract is developed at the state level for approved providers interested in providing Comprehensive Child and Family Assessment (CCFA)/Wrap-Around Services. Once a contract is executed, this creates a network of providers with whom County DFCS can choose from to provide services. County or Regional DFCS may go through a further screening process to identify or prioritize providers with whom they choose to utilize for services. Factors could include timeliness of services provided, customer satisfaction, and quality of product provided. A listing of approved providers with a contractual agreement with the Department of Human Resources is posted on the worldwide web at http://dfcs.dhr.georgia.gov/fostercare. County or Regional DFCS directors are strongly urged to meet with providers to fully communicate goals and expectations of desired services and outcomes. These meetings can serve as a very useful vehicle to clarifying questions regarding all aspects of services being requested and begin the important process of open communication between providers and DFCS staff. All DFCS staff that work with providers are encouraged to attend this meeting. Regular or ongoing meetings are also recommended.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 127 I. APPROVED PROVIDERLIST Below is a list that represents a fictitious example of the Approved Assessment Provider list. This list is regularly updated as providers are added or deleted. Therefore, the following list represents an example of what the approved list would look like on the web at the stated date listed. A copy of the current list can be obtained by going to the web site of DHR at http://dfcs.dhr.georgia.gov/fostercare. DHR Approved Agencies/Individuals for Child and Family Assessments This is a list of licensed providers who are approved to complete the State of Georgia’s Comprehensive Child and Family Assessment (CCFA). All providers must comply with the Minimum Standards for Child and Family Assessments Counties and providers may contact any agency/ individual on this list. Counties are expected to check this list before initiating services. Providers may serve various counties in a geographical area. (Updated 00/01/2004) Corrections or updates to the list may by made by e-mail to lbcofield@dhr.state.ga.us. SAMPLE LIST (Not Real Providers) (1) Name (2) Contact # (3) Service Area ABC Counseling, Inc. 404-123-0000 All 159 Counties BDE Counseling Service 404-123-0000 All 159 Counties FRJ Medicine, LLC 404-123-0000 Central Georgia KLM CounselingCenter 404-123-0000 Northeast Georgia RJB Guidance 404-123-0000 Southeast BACK CONTENTS FORWARD 2104.18 Safety Plan (Form 455B) Safety Plan Discussion A safety plan is a response to each factor, identified on a safety assessment, which affects a child's immediate safety. It identifies the controls that are being put in place to ensure a child's immediate protection and safety. It expands on the available resources, as identified in the Reasonable Efforts Checklist section of the Safety
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 128 Assessment, by identifying persons or agencies that will take responsibility for a child’s safety. It provides a detailed description of the specific steps that everyone participating in the plan has agreed to for keeping a child safe. A safety plan is completed for every substantiated report and for any unsubstantiated case that is required to remain open (e.g. court-ordered supervision). A plan is completed at any time during an investigation that a safety assessment suggests a child might not be safe. There must be a plan in place by the completion of the investigation on substantiated reports and those that will remain open for court-ordered supervision. One safety plan can be developed for all children in the family; however, it must be individualized, as needed, to cover the conditional and unique safety needs of any child whose needs differ from needs of other children covered by the plan. Remember, Form 455B (Safety Plan) is not a case plan. The case plan identifies selected goals and the steps to be followed when making the long-term changes necessary for future and ongoing protection and safety of a child. The Safety Plan describes the safety controls that are in place up until the time a case plan is developed and activated. However, a new safety plan may be needed whenever circumstances change and a new safety assessment determines that new controls are needed to ensure safety. A Safety Plan remains in place while the ongoing case manager assesses the family’s strengths and needs and develops with the family a case plan. The ongoing case manager who receives a case in transfer from investigations must continue to follow the safety plan, as written, or work with the involved parties of the plan to make any needed adjustments. Requirement Complete a Safety Plan*, using Form 455B, for:  Any child with substantiated maltreatment;  Any child whose circumstances require a safety plan prior to the investigation being completed;  Any child in an unsubstantiated case that is required to remain open:  Any child in an ongoing CPS case when a reassessment indicates risk level has increased, or as needed when safety concerns are identified. *[Exception: a safety assessment and safety plan are not completed when the alleged maltreater is a day care provider, foster parent, school employee or an agency standing in loco parentis.] The Safety Plan requires a response for each identified behavior or condition (safety factors) answered with a “Yes” on the Safety Assessment. Restate each Safety Factor on the Safety Plan. Involve parents and others who will be responsible for a child’s care with the development of the safety plan. Include the following information:
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 129  Detailed safety steps for each identified factor that indicates the presence of behaviors and conditions that make a child unsafe.  Names of persons who will be responsible for a child’s protection. Describe in Steps how each person has agreed to help protect the child will be protected? A plan where the person allegedly responsible for maltreatment is given responsibility for the child’s safety may not be a plan that will succeed. Do not give this person this responsibility without first discussing the proposed plan with the supervisor. When making a decision for the alleged maltreater to be a safety control resource, consider the frequency of alleged maltreatment, including any history of maltreatment (is this an isolated situation vs. the alleged maltreater has been indicated in other situations), ages of children and the seriousness of any alleged or substantiated maltreatment.  Names of persons who have agreed to full or part-time responsibility for a child's care (see 2104.33) in situations where a child must be temporarily separated from parents, or who will provide respite care, if needed, to assist the parent in the process of making the necessary changes to avoid future incidents of maltreatment? Describe in steps the details of how and when these persons will assume responsibility for the child’s care.  What has a parent or others agreed to do to deal with the frustrations that led to the maltreatment incident? Describe these agreements as steps, giving details of who will do what, where, when and other pertinent information.  Identify who (relative, neighbor, visiting nurse, school social worker, etc.) sees a child on a regular basis and has agreed to notify CPS immediately of any concerns? Describe in steps how these notifications will occur.  List other tasks, identified as immediate steps, that the parent will take to ensure protection and safety and to reduce risk (e.g., enrolling a child in school, beginning immunizations, clearing yard of hazardous debris, having a child examined by a pediatrician, etc.).  List specific agreed on case manager activities and responsibilities for contacts with plan participants and any other steps showing case manager involvement.  Document on the Safety Plan form the date that safety planning was discussed with parents. Document on the contact sheet (Form 452) the extent of parents’ involvement in the safety planning and their agreement to the plan. Discuss the completed safety plan with the supervisor. The supervisor’s signature on the plan means that the supervisor has read and approves the plan.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 130 Review the approved plan with parents and ask for their signature. The parents’ signature indicates they have read the plan, whether they agree with it or not; however, their participation in developing the plan should ensure their agreement. Give parents a copy of the plan, regardless of whether they sign the plan. Document on Form 452 (Contact Sheet) a parent’s unwillingness to sign a plan and the reasons and whether the parent is willing to work with the department, even if not willing to sign the plan. Procedures/Practice Issues A safety plan will probably be ineffective if the family sees it only as the case manager's plan or the DFCS plan. For this reason, it is very important to involve parents in the development of the safety plan. It is important to remember that the case manager reviews provisions of the Safety Plan with parents at every contact and determines whether any portion needs modifying. BACK CONTENTS FORWARD 2107 FAMILY PRESERVATION PROGRAMS Introduction Early Intervention/Preventive Services, Parent Aide Services, Prevention of Unnecessary Placement (PUP), and Homestead programs are Georgia Department of Human Resources initiatives to provide family services to families with children in need of service, at risk for foster care placement, or ready for reunification. It is critical that we establish partnerships with community-based resources so that together we can assist families in need of early intervention as well as those in need of more intensive services. These are purchased services through community based organizations, vendors and service providers. These programs are designed to help ensure a child’s protection, safety and best interest. These services can be utilized on a continuum or in tandem as part of a family’s safety and/or case plan to manage and reduce the risk factors contributing to child abuse and neglect. Providers of these services are mandated reporters and must report to the Department suspected cases of child abuse or neglect. EARLY INTERVENTION/PREVENTIVE SERVICES The goal of Early Intervention/Preventive Services is to provide voluntary family support services and information about community services to prevent problematic family issues
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 131 from escalating to the point of required CPS intervention. Families believed to be in need of early intervention services are referred to community based resources by the county department. Early Intervention/Preventive Services are purchased services through a vendor. Early Intervention services are available for CPS referrals that are substantiated and closed with dispositions of low risk, referrals that are unsubstantiated and closed, referrals that are screened-out and open cases reassessed as low risk and subsequently closed. (See 2107.1) Early Intervention/Preventive Services are voluntary and are offered at no cost to the family. If a child is being seriously or deliberately maltreated or physical living conditions are hazardous, an out-of-home placement is required to assure safety. Early Intervention will not be used to keep children in unsafe environments or at risk of further maltreatment. A family with an open CPS case is not eligible to receive Early Intervention/Preventive Services but may be eligible for Parent Aide Services. Early Intervention/Preventive Services engage paraprofessional staff to provide parenting education and support to families through group classes, in-home visitation and provide information about community services. These services are designed to strengthen vulnerable families and prevent child abuse and neglect. Early Intervention staff work with families to prevent problematic family issues from escalating to the point of requiring CPS intervention. Early Intervention/Preventive Services may give a family the help it needs before problems become serious enough for CPS. If a family requires more than “brief” or early intervention, the case may need to be opened and additional services provided. If a case is opened, Early Intervention services are closed. If the case is opened, the case manager assesses the situation and determines what services are needed. Additionally, Early Intervention services may be used for open CPS cases that have been reassessed as low risk and closed. For a detailed description of Early Intervention/Preventive Services, eligibility requirements, and procedure/practice guidelines, see 2107.1 through 2107.7. *Adult Protective Services cases are not eligible for Early Intervention/Preventive Services. PARENT AIDE The goal of the Parent Aide Program is to stabilize and help families in need of intervention by providing in-home and group parenting education and referring these families to community based resources. Parent Aide Services are a paraprofessional family support and prevention program available to any family with an open Social Services* case. The Parent Aide Program engages paraprofessional staff to provide parenting education, training and support to families through group classes and in-home visitation. Parent Aides work as a team member with casework staff, with the goal of
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 132 ensuring the safety and protection of children by improving parenting competency. Objectives are to strengthen the parent-child bond, reduce social isolation, build trust, help parents identify their children’s needs and ways to respond to those needs, and appropriate discipline. Other responsibilities may include emergency respite care, food and nutrition education (i.e. meal planning, advice on grocery shopping, meal preparation, safe food handling and sanitation), information on homemaking and budgeting topics, and assistance in accessing community resources. The Parent Aide Program is a paraprofessional support program, as opposed to therapeutic intervention. Parent Aide services are most useful for cooperative parents who are experiencing stress and are open to learning new approaches to parenting. These services are not designed to address issues that require clinical intervention. Parents who have chronically neglected, seriously injured, sexually abused, abandoned a child or have a mental illness or disability often need more structured intervention than is available through parent aides.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 133 For a detailed description of Parent Aide services, eligibility requirements, and procedure/practice guidelines, see 2107.8 through 2107.14. *Adult Protective Services cases are not eligible. PREVENTION OF UNNECESSARY PLACEMENT (PUP) The goal of PUP services is to reduce risk factors contributing to child maltreatment to ensure the protection and safety of children. PUP services include: emergency housing/financial assistance, temporary child care services, counseling, emergency transportation needs, emergency medical/dental needs and psychiatric/psychological testing, funding for drug screens, and substance abuse assessments. A family must have an open Social Services case to receive PUP services. The PUP Program offers an array of support and intervention services. Through PUP, psychological or psychiatric assessments, substance abuse assessments, drug screens, and counseling may be obtained through vendors who have the necessary skills and training to address more serious problems. PUP may be used to help a family through a financial crisis with emergency rent, utilities or child care. The most ineffective use of PUP is to pay for rent or utilities without assessing how the family got into this difficulty. If the family's crisis is because of some unavoidable emergency, PUP can be helpful. If the family's difficulties are chronic and reflecting a lifestyle of crisis, PUP should not be used. For a detailed description of PUP services, eligibility requirements, and procedure/practice guidelines, see 2107.15 through 2107.25. *Adult Protective Services cases are not eligible. HOMESTEAD The goal of Homestead Services is to stabilize and help families in need of intensive therapeutic intervention to insure a safe and healthy environment for the family. Homestead Services provide short-term, intensive, crisis-oriented, in-home counseling program in order to stabilize the family and insure a safe and healthy environment for the children. This program attempts to meet the immediate /crisis-oriented needs of families while also beginning to address the root causes of family dysfunction with therapeutic intervention strategies. The Homestead program provides comprehensive assessment, family support, counseling and crisis intervention to manage the risk factors contributing to child abuse and neglect. A family must have an open Social Services* case to receive Homestead services.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 134 Homestead is the most intensive of the Family Preservation programs. Homestead services are best matched to families in crisis and who require therapeutic or clinically oriented intervention. Homestead has been successful with a variety of families with significant problems. Several common factors with these families include a desire and motivation to change and the emotional and intellectual resources to benefit from counseling. Homestead Services can and should be used for cases that have been evaluated and found to be high-risk cases. Additionally, Homestead Services can be used for children at imminent risk of f placement and reunification when a child is being returned to his/her family. Homestead Services can be part of the reunification plan. For a detailed description of Homestead services, eligibility requirements, and procedure/practice guidelines, see 2107.26 through 2107.32. *Adult Protective Services cases are not eligible. Family Preservation Programs Early Intervention/Preventive Services can help families before they reach the point of needing CPS intervention. Once a case is opened for services, Parent Aide, PUP and Homestead Program can work together providing support, education and counseling to families to form a continuum of services. Each program offers distinct strengths and services. DFCS case managers assess which services are most appropriate for each family. The following is a general comparison of the programs and the families they best serve. Several tenets of family preservation services underlie the philosophy of the Early Intervention/Preventive Services, Parent Aide, PUP, and Homestead programs: 1.The goal of family preservation services is to ensure the protection and safety of a child at risk of maltreatment. 2.The Division of Family and Children Services should invest at least, as much time, energy and resources into preserving and strengthening a child's natural family as it would spend in providing out-of-home care for that child. No child in the State of Georgia should be placed into foster care for purely or chiefly temporary financial problems in the family. 3.Family preservation services help families help themselves by preserving and strengthening a child's own family and promoting a family's self-sufficiency, self-determination and independence.
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    Social Services ManualChild Protective Chapter 2100, Table of Contents May 2002 Page cxxxv 4.Family Preservation Programs are key elements in Georgia's family preservation services and permanency planning required by Public Law 96-272, the Adoption Assistance and Child Welfare Act of 1980. 5.Family Preservation Programs are supported by P.L. 103-66, the Family Preservation and Support Services; Omnibus Budget Reconciliation Act of 1993. Several factors suggest that family preservation services may not be effective in certain cases. Out-of-home placement of children into foster care is necessary whenever a child’s safety cannot be ensured through controlling safety interventions, or when risk cannot be effectively managed in the home. A CHILD'S RIGHT TO PROTECTION AND SAFETY OUTWEIGHS A PARENT'S RIGHT TO THE CHILD AND IS ALWAYS THE PRIMARY CONSIDERATION IN CPS. Therefore, family preservation may not be an appropriate goal in the following situations:  chronic, cruel or life-threatening abuse - sexual abuse where the offender is likely to have access to the child, or where the non-offending parent is unwilling or unable to be protective of the child  families with a death of a sibling as a result of maltreatment - families with repeated foster care placements  parents that have abandoned the child - children that refuse to go home or parents that do not want their children home  parents with drug or alcohol addiction that is being denied or untreated - parents with repeated or serious criminal activity  parents denying the maltreatment or unwilling to participate in necessary services Department of Human Resources Online Directives Information System Index: MAN3030 Effective: 1/1/2003 Review: 1/1/2005 SUBJECT: Promotion and Protection of the Welfare of Children Table of Contents
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    Social Services ManualChild Protective Chapter 2100, Table of Contents May 2002 Page cxxxvi SECTION # TITLES Section I Introduction 2101.1 Purpose of Child Protective Services 2101.2 Legal Basis 2101.3 Statement of Good Practice Principles 2101.4 Distinctive Characteristics 2101.5 Definitions Section II Juvenile Court - Placement Issues 2102.1 Court Intervention to Protect Children 2102.2 Permanency for Children 2102.3 Reasonable Efforts 2102.4 Reasonable Efforts - Documentation 2102.4a Diligent Search 2102.5 Authority to Remove a Child from the Parent/Legal Guardian 2102.6 Indian Child Welfare Act 2102.7 Juvenile Court Procedures 2102.8 Appointment of a Guardian ad Litem 2102.9 Deprivation Resulting From Substance Abuse 2102.10 Emergency Removal 2102.11 Other Removal Options 2102.12 Verbal Orders 2102.13 Family Assessment and 30-Day Case Plan 2102.14 Developing the 30-Day Case Plan 2102.15 Responsibility for Children in the Department’s Custody 2102.16 Family Visitation for Children in the Department’s Custody 2102.17 Keeping the Court Informed 2102.18 Taking a Case Back to Court 2102.19 Return of Custody to Parent 2102.20 Grounds for Termination of Parental Rights Section III Intake 2103.1 Introduction 2103.2 Twenty-Four Hour Report and Response Capacity 2103.3 Public Awareness 2103.4 Receiving Reports 2103.5 Mandated Reporters 2103.6 Mandated Reporters Not Reporting 2103.7 Components of a Report 2103.8 Reports of Parental Alcohol and Other Substance Abuse 2103.9 Reports of Juvenile Substance Abuse 2103.10 Report Received of a Newborn in a Family with previous CPS History 2103.11 Reports of Cases of Suspected Statutory Rape 2103.12 Form 453 (Child Abuse/Neglect Intake Worksheet) 2103.13 CPS History
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    Social Services ManualChild Protective Chapter 2100, Table of Contents May 2002 Page cxxxvii 2103.14 Making an Intake Decision 2103.15 Response Time Calculation 2103.16 Immediate to 24-Hour Response Required 2103.17 Request for Immediate Short-Term Emergency Care 2103.18 Screened-Out Reports 2103.19 Report Received on An Active Case 2103.20 Referrals to Law Enforcement 2103.21 Child Protective Services Log 2103.22 CPS Across County Lines 2103.23 Form 590 (Internal Data System) 2103.24 Reporting Procedures Following Placement Activities 2103.25 Response to a Request to Evaluate a TANF Recipient Prior to a Second Sanction Appendix A Decision Trees Appendix B Substance Abuse and Child Maltreatment Section IV Investigation 2104.1 Introduction 2104.2 Time Frame 2104.3 Drug Exposed/Addicted Infants 2104.4 Lack of Supervision 2104.4a Child Taken into Custody by Physician 2104.4b “Safe Place for Newborns” Infant 2104.5 Requests for Immediate Short-Term Emergency Care 2104.6 Court-Ordered Supervision 2104.7 CPS Investigation of a TANF Recipient 2104.8 Special Investigations and Miscellaneous Requests 2104.9 Preparing for the Initial Interview 2104.10 Meeting Response Time 2104.10a Obtaining Offender and Conviction Data 2104.11 Contact With Children 2104.12 Initial Contact Made with Child Away From Home 2104.13 Initial Contact Made with Child in the Home 2104.14 Notifying Parent of Interview with Child Away from Home 2104.15 Confidentiality of Reporter Information 2104.16 Initial Interview with the Parent 2104.17 Safety Assessment (Form 455A) 2104.18 Safety Plan (Form 455B) 2104.19 Unsuccessful Attempted Contact 2104.20 Family Refuses to Cooperate 2104.21 Collateral Contacts - Gathering and Verifying All Available Evidence 2104.22 Investigative Conclusion (Form 454) 2104.23 Case Determination 2104.24 Closure of Case with Child Fatality 2104.25 Alcohol and Other Substance Abuse in Substantiated Investigations 2104.26 Drug Screens 2104.27 Risk Assessment Scale (Form 457) 2104.28 Failure to Meet 30-Day Time Frame for Completing an Investigation 2104.29 Client Notification 2104.30 Case Review Request
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    Social Services ManualChild Protective Chapter 2100, Table of Contents May 2002 Page cxxxviii 2104.31 Additional Reports 2104.32 Form 431 2104.33 2104.34 Imminent Risk and Safety 2104.35 Response Overrides 2104.36 Contact for Cases Transferred for Ongoing Services 2104.37 Substantiated Cases and Community Resources 2104.38 Employment Services Responsibility at Investigation 2104.39 Investigation Documentation 2104.40 Family Moves During Investigation or Ongoing Services 2104.41 Family Moves to Unknown Location - Loss of Contact Appendix A Drug Screens Section V Case Management 2105.1 Introduction 2105.2 CPS Targeted Case Management Tearsheet 2105.3 Case Contact 2105.4 Face-to-Face Contacts 2105.5 Collaterals 2105.6 Strengths/Needs Assessment and Case Plan Preparation 2105.7 Strengths and Needs 2105.8 Form 458 (Strengths/Needs Assessment Scale) 2105.9 Case Plan - Initiation and Time Frame 2105.10 Form 387 (Social Services - Case Plan) Form 388 (Case Plan: Goals / Steps) Case Plan Development 2105.11 Joint CPS/TANF Cases 2105.12 Service Selection 2105.13 Service Provision 2105.14 Use of Drug Screens in Ongoing Case Management 2105.15 Relapse Issues in Substance Abuse Cases 2105.16 Purpose of Case Contacts 2105.17 Case Management Documentation 2105.18 Case Reassessment 2105.19 Collecting Information for Case Reassessment 2105.20 Case Closure Decision 2105.21 Case Closure Requirements 2105.22 Closure of Cases Active with TANF Section VI SpecialInvestigations 2106.1 Introduction 2106.2 Assignmentofan Investigator for a Special Investigation 2106.3 Responsibilities ofthe ResidentCounty and Out-of-County Investigator in a Special Investigation 2106.4 Staff Notifications ofReports of Abuse and Neglecton a Child in the Legal Custody ofDFCS/DHR 2106.5 Response Time Calculations for Reports of Abuse or Neglecton a Child in the Legal custody ofDFCS/DHR 2106.6 Reportof Abuse and Neglectin DFCS Homes - Introduction 2106.7 Intake Procedures for Reports ofAbuse and Neglectin DFCS Homes
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    Social Services ManualChild Protective Chapter 2100, Table of Contents May 2002 Page cxxxix 2106.8 Investigative Standards for CPS Investigations in DFCS Homes 2106.9 Documentation of CPS Investigations in DFCS Homes 2106.10 Required Staffings in CPS Investigations of DFCS Homes 2106.11 Administrative Review ofCPS Investigations in DFCS Homes 2106.12 Policy Waiver Requests for DFCS Homes 2106.13 Release ofInformation in CPS Investigations of DFCS Homes 2106.14 Reports ofAbuse and NeglectofChildren in the Legal Custody ofthe DFCS Caregiver 2106.15 Reports ofAbuse and Neglectin Private Agency Homes and State Operated Homes - Introduction 2106.16 Intake Procedures for Reports ofAbuse and Neglectin Private Agency and State Operated Homes 2106.17 Investigative Standards for CPS Investigations in Private Agency and State Operated Homes 2106.18 Documentation of CPS Investigations in Private Agency and State Operated Homes 2106.19 Required Staffing in CPS Investigations in Private Agency and State Operated Homes 2106.20 Administrative Review ofCPS Investigations in Private Agency and State Operated homes Approved for Children in the Legal Custody ofDFCS/DHR 2106.21 Requests for Children in the Legal Custody of DFCS/DHR to Remain in a Private Agency/State Operated Home 2106.22 Release of Information in CPS Investigations of Private Agency and State Operated Homes 2106.23 Reports ofAbuse and Neglectin Residential Facilities - Introduction 2106.24 Developing Procedures for CPS Investigations in Residential Facilities 2106.25 Intake Procedures for Reports ofAbuse and Neglectin Residential Facilities 2106.26 Investigative Standards for CPS Investigations in Residential Facilities 2106.27 Documentation of CPS Investigations in Residential Facilities 2106.28 Release ofInformation in CPS Investigations of Residential Facilities 2106.29 Reports ofAbuse and Neglectin Public and Private Non-Residential Schools - Introduction 2106.30 Intake Procedures for Reports ofAbuse and Neglectin Public and Private Non-Residential Schools 2106.31 Investigative Standards for CPS Investigations in Public and Private Non- Residential Schools 2106.32 Documentation of CPS Investigations in Public and Private Non- Residential Schools 2106.33 Release ofInformation in CPS Investigations in Public and Private Non- Residential Schools 2106.34 Reports ofAbuse and Neglectin Non-Residential Facilities - Introduction 2106.35 Intake Procedures for Reports ofAbuse or Neglectin Non-Residential Facilities 2106.36 Investigative Standards for CPS Investigations in Non-Residential Facilities
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    Social Services ManualChild Protective Chapter 2100, Table of Contents May 2002 Page cxl 2106.37 Documentation of CPS Investigations in Non-Residential Facilities 2106.38 Release ofInformation in CPS Investigations of Private Agency and State Operated Homes Appendix Appendix A Taylor v. Ledbetter, U.S. District ConsentDecree Appendix B Special Investigations Cover Memorandum Appendix C Special Investigations Summary Reportofa Home Approved for a Child in the Legal Custody ofDFCS/DHR Appendix D Special Investigations Summary Reportofa Facility Approved for a Child in the Legal Custody ofDFCS/DHR Appendix E Facility/Agency Case Determination Letter Appendix F Use of Corporal Punishment in Schools Section VII Family Preservation 2107 Family Preservation Programs 2107.1 Early Intervention/Preventive Services 2107.2 Role of Early Intervention/Preventive Services 2107.3 Eligibility for Early Intervention/Preventive Services 2107.4 Early Intervention/Preventive Services Application and Record Maintenance 2107.5 Early Intervention Fees and Program Structure 2107.6 Services Reporting Requirements 2107.7 Contracting for Early Intervention Services 2107.8 Parent Aide Program 2107.9 Role of the Parent Aide 2107.10 Eligibility for Parent Aide Services 2107.11 Parent Aide Services Application and Record Maintenance 2107.12 Parent Aide Services: Fees and Program Structure 2107.13 Parent Aide Services Reporting Requirements 2107.14 Contracting for Parent Aide Services 2107.15 Prevention of Unnecessary Placement Program (PUP) 2107.16 Eligibility for PUP Services 2107.17 Financial Need/Family Contribution 2107.18 PUP Services Application and Record Maintenance 2107.19 Determining Funding Approval Amounts 2107.20 PUP Program: Approved Services 2107.21 Verification of PUP Expenditures 2107.22 PUP as Part of the Case Plan 2107.23 Documentation of Changing PUP Needs 2107.24 PUP Between Counties 2107.25 PUP Reporting Requirements 2107.26 Homestead Program 2107.27 Eligibility for Homestead Services 2107.28 Homestead Services Application and Record Maintenance 2107.29 Homestead Services: Fees and Program Structure 2107.30 Homestead Services Reporting Requirements 2107.31 Contracting for Homestead Services 2107.32 Homestead Provider Qualification Guidelines Appendix A Determination of PUP Authorization Amount 75% Per Diem Cost Chart
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    Social Services ManualChild Protective Chapter 2100, Table of Contents May 2002 Page cxli Appendix B Social Services MOU Annex B: Early Intervention/PUP/ParentAide/Homestead Monthly Report Section VIII Administrative Case Review 2108.1 Introduction 2108.2 Reporting a Child Death or Serious Injury 2108.3 Investigations of Child Deaths and Serious Injuries of Children in DFCS Legal Custody 2108.4 Case Record Management 2108.5 State Office Internal Review Process 2108.6 Supplemental Reports 2108.7 Administrative Review ofCPS Investigations in Homes Approved for Children in Legal Custody of DFCS 2108.8 Administrative Review ofCPS Special Investigations by the Social Services Section Director 2108.9 Child Fatality Review Appendix A Concurrence Letter Section IX Information Management 2109.1 Contact With the Media 2109.2 Confidentiality 2109.3 Information Subject to Open Records Act 2109.4 Requests to Inspect Records 2109.5 Release of Information to Parents 2109.6 Subpoenas for Depositions and Case Records 2109.7 Responsibility for Case Confidentiality in Court Testimony 2109.8 Request for Assistance from DFCS Legal Officer 2109.9 Report to the Missing Children Bulletin 2109.10 Contact with Board Members 2109.11 Contact with Legislators and County Officials Appendix A Information Which May be Maintained in Case Records Section X Forms BACK TO POL 3030
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    Page142 of 306 You are here: Home » O ur Work » C hild Welfare » Representation and the Right to C ounsel » Georgia DFCS Juvenile Court Deprivation Case Reference Manual, April 2004 Georgia DFCS Juvenile Court Deprivation Case Reference Manual, April 2004 A Reference Manual for Department of Family and Children Services Case Managers Principal Developers:  Chris Harris, Research Assistant, Georgia Supreme Court Child Placement Project  Melissa Dorris, Research Assistant, Georgia Supreme Court Child Placement Project (2001 Revision)  John Taylor, Research Assistant, Georgia Supreme Court Child Placement Project (2001 Revision)  Laurie-Ann Fallon, Research Assistant, Georgia Supreme Court Child Placement Project (2004 Revision) Contributor:  Robert Grayson, Special Assistant Attorney General of Cobb County This manual was written to provide informal information about the process of child deprivation cases. It is not to be used as the official authority on law and procedure. Please consult your current DFCS policy and procedure manual for official policy. Funded by the Georgia Supreme Court Child Placement Project November 1997; Revised June 2001; Updated April 2004 I. Introduction As a DFCS case manager, you are heavily involved in the juvenile court process in cases involving the abuse or neglect of children. As a result you have the potential to exert an enormous amount of influence on the direction of a child's life. This manual is designed to give DFCS case managers an understanding of Georgia law and juvenile court procedures as they relate to deprivation cases brought by the Division of Family and Children Services. The manual is written in chronological order and will take you through the legal requirements and the expectations of the court in a deprivation case from the first allegation, through the removal of the child from the home, up to and including the possibility of terminating parental rights. The manual discusses the investigation of an allegation by DFCS, preliminary protective custody, 72-hour emergency hearings, the filing of deprivation petitions, adjudicatory and dispositional hearings, judicial review of cases and termination of parental rights. In addition, the manual will discuss what types of evidence from your case record will be admissible in court in each of these hearings. Finally, the manual will provide helpful hints on how to prepare yourself to testify in court. We hope that this manual gives you a
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    Page143 of 306 basicunderstanding of Georgia juvenile court procedures. In no way is this manual to be considered the official policy of DFCS or the juvenile court system. This document is simply a short summary of the law as it may apply to your position as a case manager. There is a great deal of information concerning Juvenile Law not included in this material. As part of the ongoing Child Placement Project, similar manuals have been prepared for Special Assistant Attorney Generals, as well as attorneys for parents and attorneys for children. II. Jurisdiction of Juvenile Court A. Jurisdiction of the Court Jurisdiction is the authority of a court to hear a case. There are two types of jurisdiction. Personal jurisdiction is the authority of the court to hear a case concerning a particular individual. Subject matter jurisdiction is the power of a court to hear certain types of cases such as a juvenile deprivation petition. In Georgia, the juvenile court has exclusive jurisdiction over a child who is alleged to be deprived. O.C.G.A. § 15-11-28(a)(1)(C). A child is defined under the code for purposes of a deprivation action as anyone under the age of 18. O.C.G.A. § 15-11-2(2)(C). This gives the juvenile court system subject matter jurisdiction over deprivation cases in general as well as personal jurisdiction over the juveniles themselves. Ferreira, McGough's Ga. Juvenile Practice and Procedure (2nd ed.), § 4.2, 4.8. The juvenile courts also have exclusive jurisdiction over proceedings involving the termination of a legal parent-child relationship as well as the rights of a biological father who is not the legal father of a child unless the petition is brought for purposes of an adoption. O.C.G.A. § 15-11-28(a)(2)(C). When the petition is brought for purposes of an adoption, the juvenile courts are granted concurrent jurisdiction with the superior courts to terminate a legal parent-child relationship or the rights of a biological father who is not the child's legal father in connection with an adoption proceeding. O.C.G.A. § 15-11-28(a)(2)(C). The juvenile court is also allowed to hear a legitimation petition either transferred from superior court or filed with respect to a child over whom a deprivation proceeding is pending in that juvenile court. O.C.G.A. § 15-11-28(e). The juvenile courts also have exclusive jurisdiction over proceedings involving the Interstate Compact on Juveniles.O.C.G.A. § 15-11-28(a)(2)(B). Under the Georgia Constitution, the superior court system has exclusive jurisdiction over all divorce actions. Ga. Const. 1983, Art. VI, §IV, I. As a result, some confusion often arises when deprivation is alleged in a custody battle between the child's parents. Juvenile courts will not accept a deprivation petition filed by one parent against another because it is most likely an attempt to gain custody of the child by bypassing a more
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    Page144 of 306 stringentstandard of proof necessary to modify a custody award. In the Interest of W.W.W., 213 Ga. App. 732 (1994). All deprivation proceedings arising between the child's parents must be originally filed in superior court. If the superior court judge determines that the deprivation proceeding is not a custody dispute in disguise, the judge will transfer the deprivation issues to the juvenile court for adjudication. In the Interest of M.A. et al., Children, 218 Ga. App. 433 (1995). Thus, during the investigation of an allegation of deprivation, it is possible that the caseworker will have some contact with the superior court system as well. [Juv-Sup Graphic Goes Here] B. Definition of Deprivation The code lists four circumstances in which a child can be considered "deprived". When the child: 1. is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health or morals; 2. has been placed for care or adoption in violation of the law; 3. has been abandoned by his parents or other legal custodian; or 4. is without a parent, guardian, or custodian. O.C.G.A. § 15-11-2(8)(A-D). One important exception is specifically listed in the code. "No child who in good faith is being treated solely
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    Page145 of 306 byspiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof, shall, for that reason alone, be cons idered to be a deprived child." O.C.G.A. § 15-11-2(8). The Juvenile Code seems to allow for the refusal of traditional medical treatments based upon the religious beliefs of that child's parents. A child cannot be classified as deprived solely because his parents choose to forego a standard medical treatment recommended by a child's physician. Although no court has defined the exact boundaries of this statutory exception, some commentators have suggested that if a child's life or long term health are endangered due to a lack of medical care, state intervention is still appropriate regardless of the justification posed by the parents. Ferreira, McGough's Ga. Juvenile Practice and Procedure (2nd ed.), § 4-7. This issue has yet to be resolved. However, it is clear that when a parent's refusal is not based upon his/her religious beliefs, the state is authorized to intervene in cases of medical neglect. Bendiburg v. Dempsey, 909 F.2d 463 (11th Cir. 1990). 1. Without Proper Parental Care or Control The first definition of deprivation focusing on whether the child is without proper parental care or control is a general catch-all provision. The vast majority of deprivation petitions are filed on this basis. You may notice that the statutory definition of deprivation is written in broad, non-specific language. This area of the code is to be "liberally construed" by the court in order to assist and protect "children whose well-being is threatened." O.C.G.A. § 15-11-1(1). The definition of deprivation is broad enough to allow "sufficient latitude of discretion for the juvenile court." Moss v. Moss, 135 Ga. App. 401 (1975). The broad definition given for deprivation is commonly understood to include children who are abused, neglected, and exploited as defined in other sections of the Georgia Code. 1976 Op. Atty Gen. No. 76-131. The Official Code of Georgia § 19-7-5(b)(3)(A) defines "Child Abuse" as physical injury or death inflicted upon a child by a parent... by other than accidental means; provided, however, physical forms of discipline may be used as long as there is no physical injury to the child. The definition also includes the neglect or exploitation of a child by a parent or caretaker as well as sexual assault or exploitation of such a child. O.C.G.A. § 19-7-5(b)(3)(B-D). Many cases combine not only "moral unfitness, physical abuse and abandonment," but also frequent moves from home to home which can prevent the successful formation of a parent-child relationship. Elrod v. Hall County Dept. of Family and Children Services, 136 Ga. App. 251 (1975). There can be a substantial danger
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    Page146 of 306 thatthe child will suffer emotional as well as physical, mental, and moral harm. These cases therefore justify labeling the child as deprived under the catch-all definition given in the Juvenile Code. Id. A finding of deprivation is not a finding of some sort of "fault" upon the abilities and actions of that child's parents. The definition of a deprived child focuses on the needs and safety of the child regardless of whether the behavior of the child's parents either caused the child's deprivation or could have prevented it. Brown v. Fulton Co. Dept. of Family and Children Services, 136 Ga. App. 308 (1975). In a situation where a child has been sexually abused by her father, the Court of Appeals has held that a juvenile court does not abuse its discretion by removing a child from the care and custody of her mother as well if her mother did not believe that the abuse was occurring and was unwilling to remove the child from danger by leaving the home of the child's father. In the Interest of B.H., 190 Ga. App. 131 (1989). A finding of deprivation must be based upon the present conditions of the child as opposed to any alleged past deprivation or potential deprivation in the future. The juvenile court system only has jurisdiction over cases in which a child is alleged "to be" deprived as opposed to cases in which a parent alleges that the child was deprived and potentially will be deprived again if returned to the child's other custodial parent. Lewis v. Winzenreid, 263 Ga. 459 (1993). A finding that a child might be better off in a different environment is insufficient for a finding that the child is deprived. The mere fact that the child's home life is substandard in terms of economics or cleanliness is not necessarily grounds for state intervention. R.C.N. v. State of Georgia, 141 Ga. App. 490 (1977). However, "unfortunate economic and personal circumstances" are not an excuse for parents to ignore the basic hygiene and medical needs of their child. "Even the poorest of the poor can be expected to maintain reasonably clean and hygienic living conditions." Vermilyea v. Dept. of Human Resources, 155 Ga. App. 746 (1980). Since the main definition of deprivation in the Juvenile Code is purposefully written without specific language, you may have difficulty in certain circumstances determining if a child should be considered deprived. Your DFCS policy manuals can provide you with assistance in these situations. You will often need to refer to the DFCS guidelines for determining who is a deprived child and when it is appropriate to file a petition. (See Child Protective Services Manual). 2. Unlawful Adoption
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    Page147 of 306 Placinga child in care or adoption in violation of law is another potential justification for a finding that a child is deprived. This category requires an explanation of Georgia adoption law that is beyond the scope of this manual. There are specific laws and regulations governing the conduct of adoptions and should any questions arise in this area you should consult the SAAG representing your county department or the main DFCS office in Atlanta. Since this definition of deprivation is almost never used at the trial court level, there are no appellate court decisions interpreting this section of the law and the precise meaning of this category remains unclear. However, it is clearly illegal for any individual or organization to hold out inducements to parents to part with their children. O.C.G.A. § 19-8-24(a)(2). The law also forbids any form of advertising that a person or organization will adopt or will arrange for a child to be adopted or placed for adoption. O.C.G.A. § 19-8-24(a)(1). 3. Abandonment Abandonment clearly seems to cover intentional parental desertion. Ferreira, McGough's Ga. Juvenile Practice and Procedure (2nd ed.), § 4-6. Abandonment is also used as a justification for the termination of parental rights. In termination hearings, the question of abandonment is settled by a finding that there is clear and convincing evidence of "actual desertion, accompanied by the intention to sever entirely, so far as possible to do so, the parental relation and throw off all obligations growing out of the same, and forego all parental duties and claims." Thrasher v. Glynn Co. Dept. of Family and Children Services, 162 Ga. App. 702 (1982). Since a finding of deprivation will not permanently severe the legal relationship between a parent and a child as in a termination hearing, abandonment as a justification for deprivation probably means something short of the standard set forth in Thrasher. Ferreira, McGough's Ga. Juvenile Practice and Procedure (2nd ed.), § 4-6. However, since this definition of deprivation is rarely used in practice, no appellate court has focused on the issue and the questions remains open to debate 4. Without a Parent, Guardian, or Custodian This justification for a finding of deprivation is also rarely used. Presumably, it means something other than abandonment, such as a lack of a parent or guardian to care for the child due to illness, death, or imprisonment. There is some indication that this standard can include situations in which one parent is
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    Page148 of 306 deceasedand another is incarcerated. In re J.R.T., a Child, 233 Ga. 204 (1974). However, given the large number of deprivation cases involving incarcerated parents that are filed under the general category of a "lack of parental care or control" it seems clear that this category is rarely used for that purpose. [Deprivation Graphic Goes Here] C. Venue The SAAG representing your county must now consider in which juvenile court to file a deprivation petition. This decision is called venue. A deprivation proceeding may be commenced in any county in which the child resides or in any county where the child is present when action was taken to protect the child. O.C.G.A. § 15-11-29(a). If your county has either a full or part time juvenile court judge to hear deprivation cases, the hearing should occur in your county since that will be where either the child resides or where the child was present when the legal action was commenced. If your county has a superior court judge who periodically hears juvenile court cases, the superior court judge can choose to hear your case in any county within your judicial circuit. O.C.G.A. § 15-11-29(b). In such situations, it may be necessary for you to travel to another county to appear in a deprivation hearing. [Deprivation Flow Chart Goes Here.] III. Removing A Deprived Child From The Home A. Protective Custody
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    Page149 of 306 TheGeorgia Juvenile Code allows a law enforcement officer or a duly authorized officer of the court to take a child into custody "if there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from his or her surroundings and that his or her removal is necessary." O.C.G.A. § 15-11-45(a)(4). A commentator has suggested that a case manager is not authorized by law to remove a child from the home without first obtaining a preliminary protective custody order explained in the next section. Ferreira, McGough's Ga. Juvenile Practice and Procedure (2nd ed.), § 4-10. Furthermore, DFCS policy specifically prevents a caseworker from removing a child from the home without first obtaining a court order. See Child Protective Services Manual. Law enforcement officers often encounter situations of child abuse and neglect during their daily interactions with the public. The law allows such an officer to immediately remove a child from the home in these situations and permits the court to determine whether the removal was necessary for the child's protection at a later time. B. Removal by Court Order Often DFCS will be contacted directly by school officials or other concerned citizens regarding the possibility of abuse or neglect of a child without the involvement of law enforcement. If after an investigation the case manager finds that there is a sufficient basis to remove the child from the home, a deprivation petition may be filed with a juvenile court judge. The contents of this petition will be discussed later in this manual. Some Georgia courts do not require the filing of a petition but will issue a summons upon the filing of a complaint or affidavit or on the basis of sworn testimony. If the judge believes that the circumstances warrant removal of the child, an order will be issued authorizing a law enforcement officer to take the child into custody. O.C.G.A. § 15-11-49.1. While not explicitly authorized by the statute, it is apparently the practice in some jurisdictions for the court to issue a "pick up" order after which the DFCS case manager will take the child into custody. In situations in which you feel a confrontation with the parents or guardian of the child is likely, it is advisable to request the assistance of a law enforcement officer in removing the child from the home. In circumstances where the court feels that removal is unnecessary, the court also has the option of simply issuing a summons directing the parents, guardian, or other custodian of the child to appear at the adjudicatory hearing and to bring the child with him/her.O.C.G.A. § 15-11-39(c). C. Procedures for Taking the Child into Custody After removing the child from the home with or without a court order, a law enforcement officer or officer of
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    Page150 of 306 thecourt should immediately bring the child before the juvenile court or promptly contact the juvenile court intake officer. O.C.G.A. § 15-11-47(a)(3). Each juvenile or superior court judge must appoint one individual to serve in this capacity during each twenty-four hour period. This individual may be the judge himself, an associate juvenile court judge, a court service worker, or a person employed as a juvenile probation or intake officer designated by the court. O.C.G.A. § 15-11-2(10). If the child is suffering from a serious physical condition or illness which requires medical treatment, the law enforcement officer may take the child to a medical facility prior to contacting the juvenile court intake officer. O.C.G.A. § 15-11-47(a)(2). The intake officer should immediately begin an investigation to determine whether it is necessary to detain the child or if the child can be released to his/her parents. O.C.G.A. § 15-11-49(a)). A child can be detained or placed in shelter care prior to an informal detention hearing in four situations. When: his detention or care is required to protect the person or property of others or of the child; 1. the child may abscond or be removed from the jurisdiction of the court; 2. he has no parent, guardian, or custodian or other person able to provide supervision and care for him and return him to the court when required, or 3. an order for his detention or shelter care has been made by the court. O.C.G.A. § 15-11-46(1-4). Situation 4 occurs when an order for detention was already ordered by the court and the law enforcement officer was ordered simply to pick up the child as required by the detention order. If the intake officer determines it is not necessary to detain a child under these circumstances, the child will be released to his parents or legal guardian. O.C.G.A. § 15-11-49(a)). If DFCS wishes to pursue the matter after the child has been released by the intake officer, a deprivation petition must be filed with the court within 30 days of the child's release. O.C.G.A. § 15-11-49(b). If the child is not released to his parent(s) or guardian, an informal detention hearing before a juvenile court judge must be scheduled and held within 72 hours of removing the child from the custody of his/her parents. If this period ends on a Saturday, Sunday, or legal holiday, the hearing shall be held on the next day which is not a Saturday, Sunday, or legal holiday. O.C.G.A. § 15-11-49(c)(3). If the child is not going to be released prior to an informal detention hearing, the child can only be placed in: 1. a licensed foster home or a home approved by the court which may be a public or private home or the home of the noncustodial parent or of a relative; 2. a facility operated by a licensed child welfare agency; or 3. a shelter care facility operated by the court. O.C.G.A. § 15-11-48(f). The actual physical placement of a child requires the approval of the Juvenile Court Judge or his/her designee. O.C.G.A. § 15-11-48(f).
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    Page151 of 306 [RemovingChild from the Home Graphic Goes Here.] IV. 72-Hour Informal Detention Hearing A. When is the hearing required? What must be shown? An informal detention hearing within 72 hours of the child's removal from the home is required when the juvenile court or the court intake officer has not released the child to the custody of his or her parents after removal from the home. If the 72-hour period expires on a Saturday, Sunday, or legal holiday, the hearing must be held on the next day of business which is not a Saturday, Sunday, or legal holiday. O.C.G.A. § 15- 11-49(c)(3). The Georgia Supreme Court has interpreted this time frame to be mandatory and if the hearing is not held within 72 hours of the child's removal, the deprivation action should be dismissed without prejudice. Sanchez v. Walker Co. Dept. of Family and Children Services, 237 Ga. 406 (1976). Dismissal "without prejudice" means that the department may refile a deprivation petition if it has reason to believe that the child is abused or neglected. It would seem that a dismissal of a petition would require returning a child to the custody of his/her parent(s). However, given the court's authority to issue preliminary protective custody orders based on allegations contained in a petition, there seems to be nothing to prevent a juvenile court judge from issuing another "pick up" order to again detain the child should the court feel that the situation warrants such action. If a parent fails to make a timely objection during the informal detention hearing that the statutory time limits have not been observed, this objection is effectively waived and cannot be raised on appeal. Irvin v. Department of Human Resources, 159 Ga. App. 101 (1981). While the procedure allows the case to go forward, the delay associated with beginning the process over again is burdensome for the DFCS caseworker and may result in either returning a child into a potentially harmful home environment or extending the time a child will spend in shelter care. Adequate preparation to make sure that both the SAAG and DFCS caseworker are prepared and ready for the informal detention hearing is essential. At the 72-hour hearing, the judge will determine if it is safe to return the child or if the child should be detained until a full hearing can be held to determine whether the child is deprived. The hearing provides the child's parents with judicial review of the actions taken by the juvenile court intake officer. Most juvenile courts have interpreted the 72-hour hearing as the equivalent of a probable cause hearing which uses a standard of proof known as preponderance of the evidence. The petitioner must show evidence to indicate that it is "more likely than not" that the child is deprived. This is a much lower burden of proof on DFCS than will be required at the formal adjudicatory hearing (trial) on the merits of the deprivation petition. Remember, if the juvenile court intake officer released the child to the custody of his/her parents, it will not be necessary to hold a 72-hour hearing prior to the adjudicatory hearing if DFCS determines to pursue the matter further. The person who represents the petitioner in the 72-hour informal detention hearing varies from jurisdiction
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    Page152 of 306 tojurisdiction. In all other hearings, the petitioner is represented by an attorney. The petitioner is usually the Division of Family and Children Services which is represented by a SAAG (Special Assistant Attorney General). In some counties this is true for the 72-hour hearing as well. However, it is common practice in some jurisdictions to allow a guardian ad litem for the child or even the caseworker him/herself to represent the department's case in this hearing. There is no standard in the Georgia Code or the Uniform Rules of the Juvenile Courts of Georgia endorsing or opposing this practice. B. Notice to Parties The court is required to provide "reasonable notice" of the informal detention hearing either orally or in writing, stating the time, place, and purpose of the hearing to the child and, if they can be found, to his/her parents, guardian, or other custodian. O.C.G.A. § 15-11-49(c)(4). Notice to the parent of the child is mandatory, and failure to do so can result in a dismissal without prejudice. Sanchez v. Walker Co. Dept. of Family and Children Services, 237 Ga. 406 (1976). If a parent is not notified of the hearing because he/she could not be located and did not appear or waive his/her right to appear at this hearing, the parent can file a motion with the court which will require the rehearing of the matter "without unnecessary delay." O.C.G.A. § 15-11-49(d). A parent who has not received notice of the hearing may file an affidavit with the court stating these facts to cause a 72-hour hearing to be reheld. After such a filing, the child shall be released to such a parent unless it appears that the child's detention or shelter care is required under the standards set forth above. O.C.G.A. § 15-11-49(d). This procedure puts additional burdens on the caseworker and causes more delays for the child prior to the adjudication of his/her case. During your investigation, it is important to find the parents of the child if at all possible so that the court may provide notice of the proceedings as soon as possible. C. Right to Counsel A party is entitled to legal representation at all stages of any proceeding alleging deprivation. If a party is indigent and cannot afford a lawyer, the court will provide that party with counsel. O.C.G.A. § 15-11-6(b). An "indigent person" is defined under the code as one who is "unable without undue financial hardship" to provide for full payment of legal counsel and all other necessary expenses for representation." O.C.G.A. § 15-11-6(a). Prior to the commencement of the informal detention hearing, the judge is required to inform all parties of their right to counsel. O.C.G.A. § 15-11-49(c)(4). The court may continue (postpone) a proceeding so that a party may obtain a lawyer. O.C.G.A. § 15-11-6(b). The court shall at any stage of the proceedings appoint a guardian ad litem to represent the interests of a child who is a the subject of a deprivation proceeding when there is no parent available to represent the interests of the child or when the child's interests conflict with those of the parent. O.C.G.A. § 15-11-9. In interpreting this section of the code, the Attorney General has issued an opinion stating that in deprivation hearings brought between a child and his/her parent or guardian, an inherent conflict of interest develops which requires the appointment of a guardian ad litem. Op. Atty. Gen. 76-131 (1976).
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    Page153 of 306 TheGeorgia Court of Appeals has held that all parties to a deprivation proceeding, including the child and his/her parents, should be represented individually. In addition, a parent in a deprivation action cannot waive the child's rights to independent legal counsel. The court held that a deprivation action is one in which the interests of the child and her parents are adverse and that the juvenile court could have appointed a guardian ad litem to protect the interests of the child and should have done so. McBurrough v. Dept. of Human Resources, 150 Ga. App. 130 (1979). In 1974, Congress passed the Child Abuse Prevention and Treatment Act (CAPTA), P.L. 93-247, which required all states receiving federal funds to appoint a guardian ad litem to represent the interest of the child in child abuse or neglect cases which result in a judicial proceeding. 42 U.S.C. § 5106(b)(6). The 1996 reauthorization of this act provides that the guardian ad litem does not have to be an attorney and may be a Court Appointed Special Advocate (CASA) or both. The reauthorization provides that the responsibilities of the guardian ad litem are "to obtain first-hand, a clear understanding of the situation and needs of the child, and to make recommendations to the court concerning the best interests of the child." Fe deral regulations provide that while the guardian does not have to be an attorney, the guardian must be charged with representing the rights and best interests of the child. 45 C.F.R. Ch. XIII 1340.14(g) (10-1-96 Edition). In Georgia, the type of representation offered to children in deprivation proceedings varies from jurisdiction to jurisdiction. In some counties, private paid attorneys are appointed to serve as a guardian ad litem while in others they are hired as counsel for the child. Other counties have volunteer guardian ad litem and CASA programs to provide representation for children. These volunteers may not be attorneys with standing to make legal arguments and motions on behalf of the child. In addition, the exact nature of the guardian ad litem's role in the juvenile court process is somewhat unclear due to a lack of statutory explanation of their official duties. Practices seem to vary around the state. Ferreira, McGough's Ga. Juvenile Practice and Procedure (2nd ed.), § 4-14. The guardian ad litem does have a duty to investigate, as fully as possible, the allegations contained in the petition as well as the explanation, if any, offered by the parents. The guardian should also meet with or inspect the child prior to the deprivation hearing. In all cases, the guardian ad litem should, at a minimum, provide the court with a recommendation in a closing argument based upon their own out-of-court interviews and investigation. Id. at §4-14. In order to avoid confusion, for purposes of this manual, the term guardian ad litem (GAL) will refer to private attorneys (called Child Advocates in some jurisdictions) appointed by the court to re presents the best interests of the child or to act as counsel for the child. The term Court Appointed Special Advocate (CASA) will refer to the various volunteer guardian ad litem programs that are currently in use around the state. While some juvenile courts restrict a guardian ad litem to an advisory role, many allow for a guardian to participate equally in the hearing with a SAAG and the attorney for the parents. This may include seeking discovery, as well as calling and cross-examining witnesses. Id. at § 4-14. The Court of Appeals has recently held that in a child custody proceeding, when a judge appointed a guardian ad litem to represent a child, the
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    Page154 of 306 childwas in effect made a party to the proceeding and therefore had standing to appeal the judgement through the GAL. Miller v. Rieser, 213 Ga. App. 683 (1994). The court came to a similar conclusion in a proceeding to terminate parental rights where the statute mandates the appointment of a guardian ad litem. In re G.K.J., 187 Ga. App. 443 (1988). If the child is old enough to have some understanding of the proceedings, the guardian ad litem will need to explain the court process to the child and make sure that the child's wishes are known to the court. Ferreira, McGough's Juvenile Practice and Procedure (2nd ed), at § 4-14. However, under Ethical Considerations 7-12 and 7-17 of the Code of Professional Responsibility, an attorney acting as a guardian ad litem is not required to change his/her recommendation to the court based upon the wishes of the child. The GAL's role in the deprivation process is to make a recommendation in the best interests of the child which may mean a recommendation that is contrary to what the child desires. Id. at § 4-14. This differs from the role of an attorney in other proceedings to advocate for the position of his/her client. Some believe that a conflict of interest could develop in a situation where an attorney serves as both as the child's counsel (advocate) as well as guardian ad litem and the attorney's recommendation differs from the wishes of the child. The Court of Appeals has determined that in a deprivation case, an attorney acting as both counsel for the child and guardian ad litem is not a conflict of interest and an attorney can perform both roles with the permission of the court. Dawley v. Butts Co. Dept. of Family and Children Services., 148 Ga. App. 815 (1979). Another potential court participant is the Court Appointed Special Advocate, or CASA. CASA is an organization operating in many counties within our state in which trained volunteers take an in-depth look at an alleged case of deprivation and provide a report to the court at the adjudicatory and dispositional hearings. Often the CASA and guardian ad litem work as a team, with the CASA having more time to do an in-depth study of the family due to their relatively small caseload (they are usually limited to two cases at a time). The CASA volunteer will, if possible, interview the child and his/her parents and make an oral or written report of his/her observations to the court and any recommendation for disposition. CASA volunteers are usually restricted to an advisory role for the court and do not call witnesses or present evidence. However, if the CASA volunteer is also an attorney or if there is no attorney appointed to represent the child, some courts will allow the volunteer to take a more active role in the proceedings. [Typical Deprivation Graphic Goes Here.] V. Filing of A Deprivation Petition
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    Page155 of 306 A.When must the petition be filed? In cases where the juvenile court intake officer found it necessary to release the child into the custody of his/her parents, a deprivation petition has to be filed with the court within 30 days of the child's release if DFCS wishes to pursue the case further. O.C.G.A. § 15-11-49(b). If the child was not released either by the intake officer after the child's removal or the juvenile court judge in the 72-hour hearing, a deprivation petition must be submitted within 5 days of that hearing. O.C.G.A. § 15-11-49(e). The petition may have already been filed if DFCS had gone directly to the juvenile court judge asking that the child be taken into protective custody. O.C.G.A. § 15-11-49(d). The filing of the petition starts the time table for the scheduling of the formal adjudicatory hearing on the merits of the deprivation petition. This period is shortened considerably when the child is in detention or shelter care. If the child is in detention, the adjudicatory hearing must be set within 10 days after the filing of the petition. If the child was released to his parents or if DFCS felt it was unnecessary to request the removal of the child, the hearing must be set within sixty (60) days of the filing of the deprivation petition. O.C.G.A. § 15-11-39(a). This creates the possibility of at most an 18-day wait between the removal of the child from the home and the adjudicatory hearing on the petition if the child has not been released to his/her parent(s). This contrasts considerably with the potential 90-day wait in cases where the intake officer and/or the juvenile court judge determined that the child's detention was not warranted. You should be aware that a judge has the power to grant a continuance (postponement) in an adjudicatory hearing for "good cause." URJC, 11.3. In all proceedings over which the juvenile court has jurisdiction (including deprivation cases), proceedings can only be initiated upon receipt of a written complaint form or a petition. The intake officer does not have the authority to refuse a complaint, only the judge has such authority. URJC, 4.2. However, the intake officer must screen the complaint before a petition is filed and make a recommendation to the court for dismissal, referral to another agency for services, informal adjustment (not available in deprivation proceedings), approval to file a petition, or "other appropriate action," URJC, 4.2. In screening the complaint the intake officer should consider: 1. Whether the complaint is one over which the court has jurisdiction; 1. Whether the complaint is frivolous; 1. Whether the child should be detained pending a hearing, and if so where; 1. Whether the child should be diverted to an agency that meets his or her needs; and 1. If a petition should be filed with the court. URJC, 4.2. If a deprivation action is initiated by other than a complaint (such as with a petition), a copy of the complaint form (JUV-2) must be completed and attached to the petition (JUV-4). A copy of these forms are attached at the end of this chapter. However, before a petition alleging deprivation may be filed with the court, the juvenile court judge or a person authorized by the court must determine and endorse upon the
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    Page156 of 306 petitionthat the filing is in the best interests of both the public and the child. O.C.G.A. § 15-11-37, URJC, 6.3. The court does not officially take jurisdiction over the case until the petition has been filed. The petition itself is what officially commences a deprivation proceeding. Even though the judge may have already issued a detention order in a previous hearing, the deprivation case does not officially begin until this document is accepted and filed. Longshore v. State, 239 Ga. 437 (1977). The petition alleging deprivation may be made by any person, including a law enforcement officer, who has knowledge of the facts alleged and believes that they are true. O.C.G.A. § 15-11-38. This person or organization is called the petitioner and is usually the county division of DFCS represented by a SAAG. B. What must the petition contain? The Georgia Juvenile Code provides that a deprivation petition must plainly set forth: 1. the facts which bring the child within the jurisdiction of the court, with a statement that it is in the best interest of the child and the public that the proceeding be brought...; 1. the name, age, and residence address, if any, of the child on whose behalf the petition brought; 1. the names and residence addresses, if known to petitioner, of the parents, guardian, or custodian of the child and of the child's parents, or if neither his parents, his guardian, nor his custodian reside or can be found within the state or if their respective places of residence addresses are unknown, the name of any known adult relative residing within the county, or if there is none, the known adult relative residing nearest to the location of the court, and 2. whether the child is in custody, and if so, the place of his detention and the time he was taken into custody. O.C.G.A. § 15-11-38.1(1-4). The information contained in the petition must satisfy a constitutional requirement known as due process, which includes the right of an individual to know the nature of what has been alleged against him/her by the government. This means that the petition must provide the parent in "ordinary and concise language the facts demonstrating the nature of the parent's alleged failure to provide proper parental care or control in order to enable a parent to have sufficient information to prepare a defense." In re D.R.C., 191 Ga. App. 278 (1989). The court held that a petition simply stating that the parent had violated the standards set forth
  • 157.
    Page157 of 306 inlaw without providing any details violated the parent's due process rights. The petition must be specific enough so that the parent will have at least some idea of what facts have been alleged by DFCS in recommending to the court that the child is deprived. Id. at 278. The petition can be amended at any time prior to the adjudication provided that the court shall grant all other parties the necessary additional time to prepare to ensure a full and fair hearing. URJC, 6.6. If a child is detained, the amendments shall not delay the hearing more than ten days beyond the time originally set for the hearing unless a continuance is requested by the child or his/her attorney. URJC, 6.6. VI. Adjudicatory Hearing on the Deprivation Petition There are two distinct parts to a hearing on a deprivation petition. At an adjudicatory hearing, the court determines whether the allegations contained in the complaint are true. This is basically a hearing to determine whether or not the child is deprived under the standards set forth in the Georgia Juvenile Code. At the dispositional hearing the court determines what will be done once the child has been found to be deprived. The adjudicatory hearing must be set within ten (10) days of the filing of the deprivation petition if the child is in shelter care or within sixty (60) days from the filing if the child was released by the juvenile court intake officer or the judge at the 72-hour hearing or was never taken into custody at all. O.C.G.A. § 15-11-39(a). The Court of Appeals has held that the time frame for this hearing is mandatory, just as it is for the 72-hour hearing. Although the hearing must be set within ten days, the court has authority to grant a continuance to another date. Sanchez v. Walker Co. Dept. of Family and Children Servs., 237 Ga. 406 (1976). If the parent or guardian of the child does not object to the violation of the statutory time frame without a continuance at the trial court level, the issue will not be heard on appeal. Id. at 408. The Court of Appeals came to a similar conclusion for the adjudicatory hearings of minors who have not been removed from the home. The parents of the minor not in state custody did not object to a hearing beyond the 60 day limit either at the hearing or in a motion for a new trial and therefore the issue was effectively waived. E.S. v. State, 134 Ga. App. 724 (1975). Rule 11.3 of the Uniform Rules for the Juvenile Courts of Georgia allows a judge to continue (postpone) a hearing for a reasonable time for "good cause shown." If this pro cedure continues a hearing beyond the statutory time limits, the granting of the continuance must be in writing with the specific reason stated therein. URJC, 11.3. This is important because it creates a record of why the child remained in foster care beyond the period authorized by law and why so much time passed before an adjudicatory hearing was granted in the case. No specific definition of "good cause" is given. This leaves to the discretion of the juvenile court judge when to adjust the statutory time frame for holding an adjudicatory hearing. You should be mindful that any continuance extends the length of time a child remains in foster care, often unnecessarily. It is important for the DFCS case manager to consult with the SAAG (Special Assistant Attorney General) representing the department prior to the hearing to make sure that all documents and necessary witnesses will be available
  • 158.
    Page158 of 306 atthe start of the hearing in order to prevent unnecessary continuances. A. Pretrial Discovery Discovery is the process prior to a court hearing whereby an attorney representing one client must turn over documents and other evidence in his possession to the attorney of the opposing party. The Georgia Juvenile Code does not specifically mention the use of discovery in deprivation proceedings. However, Rule 7.1 of the Uniform Rules for the Juvenile Courts states that discovery may be allowed in all cases where deprivation is alleged. Any discovery permitted under this rule will be at the discretion of the presiding juvenile court judge. URJC, 7.1. Discovery can include interrogatories, which are written questions directed at an opposing party (usually the DFCS case manager), depositions, which are oral interviews before the opposing party's attorney taken under oath, requests for production of documents, and requests for physical or mental examinations of a parent, guardian, custodian, or a child. URJC, 7.2. The SAAG representing your county will determine how to respond to any discovery requests made by the attorney representing the child's parent(s) or any other party to the proceeding. You should never turn over any documentation in the custody of the Division of Family and Children Services without consulting your SAAG first. A source of occasional controversy in the area of pretrial discovery is a request for the production of documents from the DFCS caseworker's file. The Child Abuse and Deprivation Records Act, O.C.G.A. § 49-5- 40(b) states that "each and every record concerning the report of child abuse" is confidential and access to such records is prohibited. The Georgia Code allows for a judge to access these records by subpoena on behalf of an attorney representing a parent when access to such records is necessary "for the determination of an issue" before the court. The juvenile court judge is required to review the file independently and release only the information necessary for the resolution of the issue then before the court. O.C.G.A. § 49- 5-41(a)(2). This is commonly referred to as an "in camera inspection." In reviewing the DFCS case file, the judge will take into account the evidentiary issues (to be discussed in a later chapter) to determine if the evidence is admissible or should be excluded. The concept of confidentiality is difficult to overcome in attempting to open up DFCS records for review by attorneys for parents or children. The Court of Appeals has held that the "intent of the legislature was to interpret O.C.G.A. § 49-5-40 broadly to provide for the maximum protection to records and reports of child abuse and neglect and to construe O.C.G.A. § 49-5-41 strictly to limit the scope of statutory exceptions."Horne et al. v. The State, 192 Ga. App. 528 (1989). However, the confidentiality of DFCS records regarding reports of child abuse and neglect is not absolute. The Georgia Court of Appeals overturned a juvenile court order stating that a father and his attorney had no right of access to Department of Human Resources records. The court found that the legislature intended to allow pre -trial discovery of Department records except where specifically barred in the statute. Ray v. Department of Human Resources, 155 Ga. App. 81 (1980). In a later case, the Court of Appeals held that the right of a parent
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    Page159 of 306 accusedof misconduct to know the nature of the evidence against the parent is fundamental to our system of justice. In re M.M.A., 166 Ga. App. 620 (1983). There the juvenile court also denied the parents any access to departmental records and files. The court said that if the files contained a matter which should have remained confidential, those records could have been removed from the case file prior to providing it to the parents' attorney. Id. at 625. The ability of a party to access DFCS records in a deprivation action is limited. The Georgia Court of Appeals has held that a trial judge acted within his power in refusing to allo w discovery of "caseworker notes, memoranda, and other caseworker generated documents" that were not intended to be used by the department at the hearing. In re C.M., 179 Ga. App. 508 (1986). You should remember that discovery requests are granted at the discretion of the juvenile court judge. What one judge may consider relevant for the determination of an issue before the court may differ from that of another judge. B. Summons and Necessary Parties to the Proceeding Once an adjudicatory hearing date has been scheduled under the required time frame discussed above, the judge will issue a summons to all individuals "who appear to the court to be proper or necessary parties to the proceeding." O.C.G.A. § 15-11-39(b). These parties can include the parents, guardian, or other custodian, a guardian ad litem, and any other persons who appear to be necessary parties. The summons will require them to appear before the court at a fixed time to answer the allegations listed in the petition. A copy of the deprivation petition will accompany the summons. O.C.G.A. § 15-11-39(b). The Georgia Code mandates that a parent of an allegedly deprived child must receive adequate notice of the time, place, and purpose of the adjudicatory hearing. O.C.G.A. § 15-11-39.1. Service of the summons may be made by any "suitable person" under the direction of the court. O.C.G.A. § 15-11-39.1(c). Presumably, this includes the DFCS case manager. Apparently this is common practice in many juvenile courts throughout the state, however, in situations where you believe a confrontation may develop, you may wish to request a law enforcement officer to perform service on behalf of the court. If a party lives within the state and can be found, the summons may be personally served upon him/her within 24 hours of the hearing. If a party lives within the state but cannot be found, the summons may be maile d to the party by registered or certified mail at least five days prior to the hearing. A party who lives outside the state can be personally served or served by mail at least five days prior to the start of the hearing. O.C.G.A. § 15-11- 39.1(a). If a party, after reasonable effort cannot be found, the court may resort to service by publication, which usually means public notice in a local newspaper. The adjudicatory hearing cannot be held until five days after the date of the last publication. O.C.G.A. § 15-11-39.1(b). If a party is provided notice by publication, a provisional hearing may be conducted on the allegations of a petition alleging deprivation. O.C.G.A. § 15-11-39.2(a). The summons served upon any party must state that prior to the final hearing a provisional hearing will be held at a specific time and place. O.C.G.A. § 15- 11-39.2(a)(2)(A). All other parties who are not served by publication must appear at this hearing to answer the allegations contained in the petition. O.C.G.A. § 15-11-39.2(a)(2)(B). The court may enter a temporary
  • 160.
    Page160 of 306 orderpending the final hearing in juvenile court. The findings of fact and order of disposition made at the provisional hearing will become final at the final hearing unless the party served by publication appears. The child in question must be before the court at the provisional hearing. O.C.G.A. § 15-11-39.2(a). If the party served by publication does appear at the final hearing, the findings and orders from the provisional hearing shall be vacated and the court will proceed normally into an adjudicatory hearing on the merits of the petition. O.C.G.A. § 15-11-39.2(c). It is apparently common practice throughout the state for service of the summons and the petition to occur at the 72-hour hearing itself. There does not appear to be anything in the Code to prevent this procedure, but you must remember that the summons must include a date for the adjudicatory hearing. The judge will have to schedule the adjudicatory hearing at the 72-hour hearing and issue the summons immediately at that time. Also, a copy of the petition will have to be attached to the summons, so if this procedure is followed the petition will have to be completed before the 72-hour hearing. C. The Conduct of the Hearing and the Standard of Evidence (rights of parties) One of the main features of the juvenile court system is the use of confidentiality for the purpose of protecting the child from any later stigmatization from the public. For this reason, there are no jury trials used in juvenile court and all judicial decisions are rendered by the juvenile court judge. O.C.G.A. § 15-11- 41(a). The general public is excluded from observing detention and adjudicatory hearings in deprivation cases. Only the parties to the proceeding, their lawyers, witnesses, or any other person the court finds having a "proper interest" in the proceeding are allowed to attend. O.C.G.A. § 15-11-78(c). This differs from a dispositional hearing, where the judge has discretion to admit the general public. O.C.G.A. § 15-11- 78(b)(5). Many juvenile courts will exclude a witness from the hearing except when they are testifying. It is possible that you may find yourself waiting outside of the court except when you are actually giving your testimony. The actual hearing itself is preserved by the court reporter using stenography or a recording device should it become necessary to review the case on appeal. O.C.G.A. § 15-11-41(b). The adjudicatory hearing is a review of the admissible evidence which will include documents, reports, witness testimony, and possibly other items, to determine whether the child is deprived for purposes of the Georgia Juvenile Code. The court may order that the child be examined by a physician or psychologist during the course of a deprivation proceeding as well as order necessary medical treatment of the child.O.C.G.A. § 15-11-12(b). There are specific evidentiary rules to determine what type of information is admissible (what evidence is appropriate to place into consideration). These rules will be discussed in the chapter on Evidence later in this manual.
  • 161.
    Page161 of 306 Aparty is entitled to introduce evidence and call witnesses on his/her behalf as well as cross -examine adverse witnesses. O.C.G.A. § 15-11-7(a). Witness testimony involves a process you have probably heard of called direct and cross-examination. In direct examination, an attorney will call a witness to the stand who is favorable to his/her case and ask a series of questions designed to give the judge the ne cessary information on the case in order to prove and support his/her claim that the child is or is not deprived. The opposing party will then have the opportunity to cross-examine the witness. This involves questioning the witness about his/her professional qualifications and the methods used during an investigation. The purpose of the cross-examination is to attempt to bring a sense of doubt concerning the accuracy or trustworthiness of the witness' testimony. In most of these cases, the child will be represented separately by a guardian ad litem who may be authorized to cross examine the caseworker as well. Many case managers find the cross- examination process difficult. There are helpful hints on preparing to testify in court in the final chapter of this manual. After hearing the evidence, the court shall make and file its findings as to whether the child is a deprived child. The standard of proof in a deprivation case is clear and convincing evidence. O.C.G.A. § 15-11-54(c). This means that the judge must find, based upon the evidence presented, that it is highly probable that the child is deprived. If the court finds that the child is not deprived, it shall dismiss the petition and order the child discharged from any detention or other restriction previously ordered in the proceeding. O.C.G.A. § 15- 11-54(a). If the court finds that the child is deprived, the court shall proceed immediately into a dispositional hearing or continue (postpone) such a hearing until another date. O.C.G.A. § 15-11-54(c). Such a continuance to another date within a "reasonable period" of time may be granted in order to receive reports and other evidence bearing on the disposition of the case. O.C.G.A. § 15-11-56(b). The Georgia Juvenile Code authorizes the use of protective orders restraining or controlling the conduct of a person if an order of disposition has been made or is about to be made. O.C.G.A. § 15-11-11. The party against whom such an order is issued must be given notice of an application for a protective order and an opportunity to be heard before the order is granted. Although this list is not exclusive, the order may require a party: 1. To stay away from the house or the child; 1. To permit a parent to visit the child at stated periods; 1. To abstain from offensive conduct against the child, his parent, or any person to whom custody of the child is awarded; 1. To give proper attention to the care of the home; 1. To cooperate in good faith with an agency to which custody of a child is entrusted by the court or with an agency or association to which the child is referred by the court;
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    Page162 of 306 1.To refrain from acts of commission or omission that tend to make the home not a proper place for the child; 1. To ensure that the child attends school pursuant to any valid law relating to compulsory attendance; 1. To participate with the child in any counseling or treatment deemed necessary after consideration of employment and other family needs; and 1. To enter into and complete successfully a substance abuse program approved by the court. O.C.G.A. § 15-11-11(a)(1-9). D. Reasonable Efforts Requirements One of the most difficult and confusing issues for all participants in deprivation hearings are the requirements of the federal Adoption Assistance and Child Welfare Act of 1980 (Public Law 96-272), 42 U.S.C. §670et seq. All states receive foster care maintenance payments for each child in foster care under Title IV-E of the Social Security Act. In order to maintain these payments, Public Law 96-272 requires that in each case of a deprived child in state custody, "reasonable efforts" have to be made to work with the family to prevent the necessity of removing the child from the home. 42 U.S.C. § 671(a)(15)(A). In addition, if removal is necessary to protect the health and safety of the child, reasonable efforts must be made to allow for the reunification of the child with his/her family. 42 U.S.C. § (a)(15)(B). Since the passage of Public Law 96-272, the focus of the child welfare system has shifted toward providing for and protecting the individual needs of the children over the needs of the family unit. This shift has culminated in the passage of the federal Adoption and Safe Families Act of 1997 (Public Law 105-89), in November 1997. In Georgia, Senate Bill 611 and House Bill 1572 were passed to bring the Georgia Juvenile Code into compliance with this Act. This law modifies existing federal legislation regarding foster care so that reasonable efforts to reunify families are not always required and the provision of reunification services is limited. Additionally, if a child has been in foster care 15 out of the most recent 22 months, states are directed to file petitions to terminate parental rights unless the state has placed the child with a relative; the state has documented a compelling reason for determining that terminating parental rights would not be in the best interests of the child; or the state has not provided appropriate reunification services, if such services were warranted. Finally, the law requires a permanency hearing to be held within 12 months after a child has entered foster care. The burden on the department to provide preventative and reunification services applies, in most instances, to every step of the deprivation process beginning with the 72-hour informal detention hearing. In such cases, the juvenile court judge will review the actions of DFCS to determine if reasonable efforts were made to provide "reunification services" to the child's parents at every judicial review of the disposition of the case. O.C.G.A. § 15-11-58(a). Specifically, reasonable efforts must be made to preserve and reunify families prior to the placement of a child in foster care, to prevent or eliminate the need for removal, and where
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    Page163 of 306 removalwas deemed necessary, to make it possible for a child to return safely to his/her home. O.C.G.A. § 15-11-58(a)(2)(A-B). Additionally, if continuation of reasonable efforts of this kind is determined to be inconsistent with the child's permanency plan, DFCS must make reasonable efforts to place the child in a timely manner in accordance with the child's permanency plan and to complete whatever steps are necessary to finalize that plan for the child. O.C.G.A. § 15-11-58(a)(3). There are emergency situations in which the child's health and safety are in imminent danger thus requiring the immediate removal of the child from the home. In such instances it would not be reasonable to make an effort to prevent removal. This is recognized in the Child Protective Services Manual. Moreover, the Adoption and Safe Families Act makes clear that the safety and health of the child are to be the paramount concerns throughout the case. O.C.G.A. § 15-11-58(a)(1). Thus, under certain egregious circumstances, reasonable efforts will not be considered. As identified in O.C.G.A. § 15-11-58(a)(4), reasonable efforts are not required with respect to a parent of a child who has subjected the child to aggravated circumstances including abandonment, torture, chronic abuse or sexual abuse, who has committed the murder or voluntary manslaughter of another child of the parent or aided or abetted, attempted, conspired or solicited to do the same, or who has committed a felony assault that results in serious bodily injury to the child or another child. Reasonable efforts are similarly not required where the parental rights of another sibling of the child have been terminated involuntarily. O.C.G.A. § 15-11-58(a)(4). In these situations, DFCS is not required to submit a reunification plan to the court as part of its 30-day case plan. O.C.G.A. § 15-11-58(b). Where reunification is the permanency goal, federal regulations require that the case plan for each child must include a description of services offered and provided to prevent the removal of the child from the home and to reunify the family after removal. 45 C.F.R. Ch. XIII, § 1356.21(d)(4), (10-1-96 Edition). Alternatively, when appropriate, the case plan may state clearly all of the reasons supporting a finding that reasonable efforts to reunify are detrimental to the child and therefore, that reunification services need not be provided. O.C.G.A. § 15-11-58(f). Periodic reviews by a judge or a Citizen Review Panel should occur at least once every six months. O.C.G.A. § 15-11-58(k). Except where justified by the circumstances mentioned, if at any point the judge finds that reasonable efforts have not been made, under Public Law 96- 272, the State of Georgia will lose the federal foster care maintenance payments provided for that child under Title IV-E of the Social Security Act. 42 U.S.C. § 671(a)(15) and § 672 (a)(1). Often court participants find it confusing to work with this law because of a lack of any clear standard as to the meaning of reasonable efforts. Neither the Adoption Assistance and Child Welfare Act of 1980 nor the Adoption and Safe Families Act of 1997 provided any definition of this term, simply requiring that reasonable efforts have to be made by DFCS. Federal regulations established pursuant to the Adoption Assistance and Child Welfare Act require each state to submit a Title IV-B plan which specifies which preplacement
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    Page164 of 306 preventativeand reunification services are available to children and families in need. 45 C.F.R. Ch. XIII, §1357.15(e)(1) (10-1-95 Edition). The regulations provide a list of services which may be provided as part of this plan but these are merely suggestions, not requirements: 1. 24-hour emergency caretakers; 1. homemaker services; 1. day care; 1. crisis counseling; 1. individual and family counseling; 1. emergency shelters; 1. procedures and arrangements for access to available emergency financial assistance; 1. temporary child care to provide respite to the family for a brief period; 1. home-based family services; 1. self-help groups; 1. services to unmarried parents; 1. provision of or arrangements for mental health, drug and alcohol abuse counseling; 1. vocational counseling or rehabilitation; 1. other services the agency identifies as necessary or appropriate. 45 C.F.R. Ch. XIII, §1357.15(e)(2) (10-1-95 Edition). Another source of insight into the meaning of this term can be found in a widely read book, Making Reasonable Efforts: Steps for Keeping Families Together. This book was published with the cooperation of several groups including the National Council of Juvenile and Family Court Judges. Included in this publication is a list of recommended services written in broad terminology to be made available under the state's reasonable efforts requirements: 1. family preservation services; 1. generic family based/ family centered services; 1. cash payments;  to meet emergency needs;  to provide ongoing financial support; 1. noncash services to meet basic needs;  food and clothing;  housing (emergency shelter and permanent housing); 1. noncash services to address specific problems;  in home respite care;  out of home respite care;  child day care;
  • 165.
    Page165 of 306 treatment for substance abuse/ chemical addiction;  treatment for sexual abusers and victims;  mental health counseling/ psychotherapy;  parental training;  life skills training;  household management; 1. facilitative services  visitation (to prepare both parent and child for their eventual reunification);  transportation (when services are geographically inaccessible). (pp. 81-90). Many of these suggested services are similar to those contained in the federal regulations. However, as of now there are no formal requirements at the federal or state level as to what must be contained in Georgia's Title IV-E plan. You should consult your supervisor periodically to see what preplacement preventative and reunification services are available in your county. Since there is no formal definition of reasonable efforts, the juvenile court judge for your district may interpret this requirement more broadly than the Department does and reject your recommendations if he/she feels that more efforts are needed to prevent the removal of the child or to provide for the reunification of the family. It will be helpful for your office try and develop some idea of what your juvenile court judge considers reasonable in this context. VII. Disposition of a Deprived Child The main focus of the dispositional hearing is to determine the permanency plan for the child once he/she has been adjudicated deprived. This two-step process is sometimes called a bifurcated system, that is, a system with one hearing for factual determinations on the merits of the deprivation petition and a separate hearing to determine what should be done to improve the life of the child. A. Evidence The rules of evidence that apply to "traditional" hearings, including adjudicatory hearings, do not apply to dispositional hearings. These rules will be discussed in a later chapter of this manual. In dispositional hearings the court is authorized to receive "all information helpful in determining the questions pres ented," even if this information would not have been admissible during the adjudicatory hearing. The judge may direct that a social study and report be made to the court concerning "the child, his family, his environment, and other matters." O.C.G.A. § 15-11-12(a). However, the court may not take this information into consideration until after the adjudicatory hearing finding that the child is deprived. These reports are only admissible for purposes of the child placement decisions which must be made in the dispositional hearing.O.C.G.A. § 15-11-12(a). Also your juvenile court judge may require that the 30-day case plan to be discussed below be completed prior to the dispositional hearing. The attorney for the child's parent(s) is
  • 166.
    Page166 of 306 entitledto examine reports submitted to the court prior to the dispositional hearing and to cross-examine the authors and any witnesses put forth by the state. O.C.G.A. § 15-11-65(d). B. Dispositional Alternatives If a child is found to be deprived, the court can choose any of the following dispositional choices that is best suited to the protection and physical, mental, and moral welfare of the child: 1. Permit the child to remain with his or her parents, guardian, or other custodian, including a putative father, subject to any conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of the child; 1. Subject to conditions and limitations as the court prescribes, transfer temporary legal custody to any of the persons or entities described in this paragraph. The court shall approve or direct the retransfer of the physical custody of the child back to the parents, guardian, or other custodian either upon the occurrence of specified circumstances or in the discretion of the court. The persons or entities to whom or which temporary legal custody may be transferred include the following: a. any individual including a putative father who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for the child; a. an agency or other private organization licensed or otherwise authorized by law to receive and provide care for the child; a. any Public agency authorized by law to receive and provide care for the child; or a. an individual in another state with or without supervision by an appropriate officer under O.C.G.A. § 15-11-89. 1. Transfer custody of the child to the court of another state exercising jurisdiction over juveniles if authorized by and in accordance with O.C.G.A. § 15-11-87 if the child is or is about to become a resident of that state. O.C.G.A. § 15-11-55(a)(1)-(3). The court is also authorized in all dispositional hearings to order the child and/or the child's parents or guardian to participate in counseling. O.C.G.A. § 15-11-68. This statute authorizes the transfer of temporary legal custody to the Division of Family and Children Services or any other party listed above. O.C.G.A. § 15-11-55(a). The custodian, in your case DFCS, to whom legal custody of the child is given by the court has several rights under the law: 1. The right to physical custody of the child; 1. The right to determine the nature of the care and treatment of the child, including ordina ry medical care; 1. The right and duty to provide for the care, protection, training, and education as well as the physical, mental, and moral welfare of the child.
  • 167.
    Page167 of 306 Theserights are subject to the conditions and limitations imposed by the court as well as the remaining rights and duties of the child's parents or guardian. O.C.G.A. § 15-11-13. "Legal custody" is defined elsewhere under Georgia law as a legal status which embodies the following rights and responsibilities: 1. The right to have the physical possession of the child or youth; The right and duty to protect, train, and discipline him; 1. The responsibility to provide him with food, clothing, shelter, education, and ordinary medical care; and 1. The right to determine where and with whom he shall live. O.C.G.A. § 49-5-3(12). This code section also notes that these aspects of legal custody are subject to any residual parental rights and responsibilities. O.C.G.A. § 49-5-3(13). The Court of Appeals has determined that one of these residual rights is the right of visitation with a child in the custody of DFCS. While a juvenile court can order an end to visitation, there must be compelling facts to do so, and the parents are entitled to a hearing on the issue before such an order is issued. In the Interest of K.B., 188 Ga. App. 199 (1988). A parent who has had his/her parental rights temporarily suspended after a finding of deprivation also maintains the residual authority to consent to the child's adoption. Skipper v. Smith, 239 Ga. 854 (1977). The juvenile court judge has the power to place conditions and limitations prior to the transfer of temporary legal custody of a child to another individual or agency. O.C.G.A. § 15-11-55(a)(2). This authority includes the ability to condition the return of the child to his parent(s) or guardian on the achievement of certain goals by such person. The judge can also order continued supervision by DFCS after the child has been returned to the home. O.C.G.A. § 15-11-55(a)(2). If DFCS is attempting to obtain temporary legal custody of a child, it is important to communicate to the SAAG representing the Department in this hearing what conditions you would like to see imposed upon the parent in order to regain custody of the child. There are many possibilities and the needs of each child may differ. However, almost every case will require the parent to cooperate with the case plan as adopted by the court, to keep his/her address known to DFCS, to visit the child, and to pay child support the Department. Kipling Louise McVay, Deprivation and Termination. Children in Court: A Systems Approach, p. 22 (1989). The Court of Appeals has held that the statute does not authorize the separation of legal and physical custody of a deprived child between two separate organizations or individuals. In re R.R.M.R., 169 Ga. App. 373 (1983). A juvenile court has no authority to transfer temporary legal custody to DFCS and then order the child be placed in foster care. If DFCS is given legal custody, the department has the authority to decide where and with whom the child will live. In re R.L.M., 171 Ga. App. 940 (1984). In addition, the juvenile court cannot award joint custody between the Department of Human Resources and an unrelated third party if DHR objects to this arrangement. In the Interest of J.N.T., a child., 212 Ga. App. 498 (1994). In a typical
  • 168.
    Page168 of 306 deprivationcase, the child is adjudicated as deprived and then temporary legal custody is transferred to DFCS during the dispositional hearing. >From that point on, DFCS has the authority as the party with "legal custody" of the child under O.C.G.A. § 49-5-3(12) to determine where and with whom the child shall live. Id. at 499. A dispositional order transferring temporary legal custody to DFCS only suspends and does not sever the rights of the child's parents. A permanent severance of the parent's legal rights with respect to a child can only be accomplished in a proceeding to terminate parental rights. Rodgers et al. v. Department of Human Resources, 157 Ga. App. 235 (1981). A court's order removing a child from the child's home shall be based upon a finding by that court that continuation in the home would be "contrary to the welfare of the child." O.C.G.A. § 15-11-58(a). The order will also contain a finding as to whether reasonable efforts were made to prevent or eliminate the need for the removal and to make it possible for the child to return to the home of his parent(s) or guardian. O.C.G.A. § 15-11-58(a). A dispositional order removing the child from the home remains in effect for 12 months after the date of the original placement with the department. O.C.G.A. § 15-11-58(k). All other dispositional orders not requiring the removal of the child remain in effect for two years. O.C.G.A. § 15-11-58.1(a). URJC, 15.2. The court may terminate a dispositional order prior to its expiration if it appears that the purposes of the order have been completed. O.C.G.A. § 15-11-58.1(b), URJC, 15.3. C. Interstate Compact on the Placement of Children (ICPC) The juvenile court system only has authority to place a child in institutional or foster care within the confines of our state. A juvenile court should not make an order of disposition placing a child outside of the State of Georgia without the cooperation and approval of the state where the child will reside if the placement is approved. In order to address the inherent difficulties of placing a child in a facility or foster care situation across state lines, the Interstate Compact on the Placement of Children (ICPC) was drafted in the 1950s and first adopted in New York in 1960. This compact has been ratified and is now in force in all fifty states. The term "placements," for purposes of the compact, include a foster family, boarding home, child-caring agency or institution located in another state. ICPC, Article II(d). A foster family can include placement with relatives of noncustodial parents who are not paid as foster parents by the state. This definition does not include any institution for the mentally ill, any hospital or other medical facility or any institution that is primarily educational in character. ICPC, Article II(d). In addition, Article VIII of the ICPC lists two situations in which the terms of the ICPC shall not apply: 1. The sending or bringing of a child into a receiving state by his parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt, or his guardian and leaving the child with any such relative or non-agency guardian in the receiving state. 1. Any placement, sending or bringing of a child into a receiving state pursuant to any other interstate compact to which both states are a party.
  • 169.
    Page169 of 306 Thissecond restriction applies to minors who are covered by other compacts such as the Interstate Compact on Juveniles and the Interstate Compact on Mental Health which cover the interstate transfer and supervision of juvenile delinquents and the mentally ill. Article III(b) of the ICPC requires that prior to "sending, bringing, or causing any child to be sent or brought into a receiving state for placement in foster care or as a preliminary to possible adoption," the sending state shall furnish the appropriate public authorities in the receiving state written notice of its intention to do so. The notice must contain at least the following: 1. The name, date, and place of birth of the child. 1. The identity and address or addresses of the parents or legal guardian. 1. The name and address of the person, agency or institution to or with which the sending agency proposes to send, bring, or place the child. 1. A full statement of the reasons for such a proposed action and evidence of the authority by which the placement is proposed to be made. ICPC, Article III(b)(1-4). In practicality, this means that the caseworker or the judge who is requesting the evaluation will ne ed to complete ICPC Form 100A and send it, along with the social history of the child and a court order requesting the assessment, to the Compact Administrator for the State of Georgia as defined in Article VII of the ICPC. These items should be sent to: Interstate Compact Specialist 2 Peachtree Street 12-100 Atlanta, Georgia 30303 The administrator is responsible for reviewing the information and forwarding it to the Compact Administrator in the receiving state. The appropriate child welfare agency in the receiving state will conduct a study of the proposed placement site and record their findings in a report to the receiving state's Compact Administrator. The child welfare agency of the receiving state may request the sending agency to provide any supporting or additional information that is necessary under the circumstances in order to evaluate the proposed placement. ICPC, Article III(c). The child will not be "sent, brought, or cause to be sent or brought into the receiving state" until the Compact Administrator in the receiving state has notified the sending state in writing that the proposed placement does not appear to be contrary to the interests of the child. ICPC, Article III(d). The National Association of the Administrators of the Interstate Compact recommends that it should take no longer than 30 working days (6 weeks) to process such a request in the receiving state from the time that the Compact Administrator receives the request until the date that the proposed placement is approved or denied. Guide to the Administration of the Interstate Compact on the Placement of Children, p.
  • 170.
    Page170 of 306 7.These procedures allow the fulfillment of two important purposes of the Interstate Compact on the Placement of Children. First, the state from which the child is sent is provided with the most complete information on which to evaluate a proposed placement before it is made. Second, the state to which the child is sent will have a full opportunity to ascertain the circumstances of the proposed placement in order to assure adequate protection for the child. ICPC, Article I. The length of time required to approve an interstate transfer under the Compact has sparked a great deal of debate about reforming this procedure in recent years. Article VII of the ICPC allows the Compact Administrators in each state, acting jointly, to establish rules and regulations to allow for the purposes of the act to be carried out more effectively. In 1996, The Association of Administrators for the ICPC, in coordination with the National Council of Juvenile and Family Court Judges and the National Association of Public Child Welfare Administrators, established Regulation 7 which provides for the "Priority Placement" of children across state lines in certain circumstances. Regulation 7 is an effort to address some of the time delays that were experienced in many states trying to place children across state lines. Priority Placement procedures are now applicable if the proposed placement is with a parent, step-parent, grandparent, adult brother or sister, adult uncle or aunt and: 1. the child is under two; or 1. the child is in an emergency shelter; or 1. the court finds the child has spent a substantial amount of time in the home of the proposed placement. ICPC Regulation 7.1(a). The Priority Placement procedures can also be invoked if the receiving state Compact Administrator has a properly completed ICPC-100A and the necessary supporting documentation for over thirty (30) business days but has not provided notice as to whether the placement will be approved or denied. ICPC, Regulation 7.1(b). Regulation 7 establishes a strict time table for the completion of each step in the process of placing a child in a facility or foster care home across state lines. If a juvenile court judge determines that the circumstances warrant a priority placement, he/she should sign an order to that effect and forward it within two (2) business days to the sending agency (the local county DFCS office). The county department has three (3) business days to transmit the order along with a completed ICPC-100A and the supporting documentation to the Georgia Compact Administrators. Within two (2) business days the Compact Administrator should send the priority placement request and supporting documentation to the receiving state's Compact Administrator by overnight mail. The receiving state's child welfare department has (20) business days from this date to send to the Compact Administrator for the receiving state the evaluation of the proposed placement. The Compact Administrator in the receiving state will return the necessary documentation with a notice of approval or denial to the sending state's Compact Administrator by fax. The
  • 171.
    Page171 of 306 GeorgiaCompact Administrator will then notify DFCS of the decision of the receiving state. Regulation 7, ICPC. The priority placement request and home study requires additional forms that can by obtained through the Georgia Compact Administrator and are included at the end of this manual. Under Article V of the ICPC, the sending state will retain jurisdiction over the child once an out of state placement has been made. This jurisdiction continues until the child reaches the age of majority, becomes self-supporting, is adopted, or until the child case is cleared with the concurrence of the compact administrator in the receiving. This means that the juvenile court will retain jurisdiction over all decisions in regard to custody, supervision, care, treatment and disposition of the child. The sending state will also continue to have financial responsibility for the child just as it would in an in-state placement. [Insert Citizen Review Graphic Here.] VIII. Permanency Planning - Judicial and Citizen Review A. 30-Day Case Plans An order of disposition placing a deprived child in foster care under the supervision of the Division of Family and Children Services is in effect for up to 12 months after the original placement unless it is terminated sooner by the court. O.C.G.A. § 15-11-58(k). All other dispositional orders will remain in force for two years unless sooner terminated by the court. O.C.G.A. § 15-11-58.1(a). Within 30 days of the date of the removal of the child where the child has not already been returned to his/her parent(s), DFCS must submit a written report to the court which shall either include a case plan for the reunification of the family or the ba sis for its determination that a plan for reunification is not appropriate. O.C.G.A. § 15-11-58(b). The contents of the report shall be based upon a meeting to be held between DFCS and the parents and children in question. This meeting should be held in consultation with the Citizen Review Panel if one exists in your county. The parents shall be given written notice of the meeting at least five days in adva nce and shall be advised that the report to be discussed at this meeting will be submitted to the judge to become an order of the court. O.C.G.A. § 15-11-58(b). You should be aware that if the dispositional hearing occurs within 30 days of the removal of the child, the juvenile court judge in your jurisdiction may ask you to provide this report to the court sooner than required by law. Regardless of where in the court process the case is, DFCS must submit a written report to the court within 30 days of the removal of the child. If a 30- day case plan is submitted to the court which contains a plan for reunification services, it must address each of the following items: 1. Each reason requiring the removal of the child;
  • 172.
    Page172 of 306 1.The purpose for which the child was placed in foster care, including a statement of the reason why the child cannot be adequately protected at home and the harm which may occur if the child remains in the home; 2. The services offered and provided to prevent the removal of the child from the home; 1. A discussion of how the plan is designed to achieve a placement in the least restrictive, most family-like setting available and in close proximity to the home of the parents, consistent with the best interests and special needs of the child; 1. A clear description of the specific actions taken by the parents and specific services provided by DFCS or other appropriate agencies in order to bring about the identified changes that must be made in order to return the child to the home. (All services and actions required of the parents not directly related to the circumstances necessitating separation cannot be made conditions for the return of the child without further court review); 1. Specific time frames in which the goals of the plan are to be accomplished to fulfill the purpose of the reunification plan; 1. The person within DFCS who is directly responsible for ensuring that the plan is implemented; 1. Consideration of the availability of reasonable visitation schedules which allow parent(s) to maintain meaningful contact with their children through personal visits, telephone calls, and letters. O.C.G.A. § 15-11-58(c). If the report contains a proposed plan for reunification services, the report must be transmitted to the parents at the time it is filed with the court, along with written notice that the report will be the order of the court unless, within five days from the receipt of the report, the parents request a hearing before the juvenile court to review the contents of the report. If no hearing is requested the court shall enter a disposition order or supplemental order adopting the parts of the plan for reunification services which the court finds appropriate and specifying what must be accomplished by all parties before reunification of the family can be granted. O.C.G.A. § 15-11-58(l). If the report does not contain a plan for reunification services, the court, after proper notice to the child's parent(s), shall hold a hearing within 30 days following the filing of the report. O.C.G.A. § 15-11-58(e). This hearing is required even if the adjudicatory hearing has not yet occurred. A case plan with a non- reunification recommendation must address each of the following issues: 1. Each reason requiring the removal of the child; 1. The purpose behind placing the child in foster care, the reasons why the child cannot be adequately protected at home, and the harm which may occur if the child remains in the home; 1. A description of the services offered and the services provided to prevent the removal of the child from the home; 1. A clear statement describing all of the reasons supporting a finding that reasonable efforts to reunify a child with the child's family will be detrimental to the child, and that reunification
  • 173.
    Page173 of 306 servicestherefore need not be provided, including specific findings as to whether any of the grounds for terminating parental rights exist, as set forth in O.C.G.A. § 15-11-94(b) or paragraph (4) of subsection (a) of this Code section. O.C.G.A. § 15-11-58(f). Reasonable efforts are not required to be made to reunify a child with a parent who has subjected the child to aggravated circumstances including abandonment, torture, chronic abuse, and sexual abuse or who has committed murder or voluntary manslaughter of another child of the parent or has aided or abetted, attempted, conspired, or solicited to do the same or who has committed a felony assault that results in serious bodily injury to the child or another child of the parent. Finally, reasonable efforts are not required if the parental rights of the parent to a sibling have been terminated involuntarily. O.C.G.A. § 15-11- 58 (a)(4). At the hearing on the nonreunification plan, DFCS must inform the judge whether and when it intends to proceed with the termination of parental rights. If DFCS has no such intention, the judge may appoint a guardian ad litem (if one has not already been appointed) to review the report and determine whether termination proceedings should be commenced independently on behalf of the child. O.C.G.A. § 15-11- 58(g). In order to accept a recommendation by DFCS that a reunification plan for a particular family is inappropriate, the court must determine by "clear and convincing evidence" that reasonable efforts to reunify a child with his or her family will be detrimental to the child. O.C.G.A. § 15-11-58(h). There is a presumption that reunification services should not be provided if the court finds by clear and convincing evidence that: 1. the parent has unjustifiably failed to comply with a previously ordered plan designed to reunite the family; 1. a child has been removed from the home on at least two previous occasions and reunification services were made available on those occasions; or 2. any of the grounds for terminating parental rights exists. (these grounds will be discussed in the following chapter on Termination of Parental Rights). 1. any of the circumstances set out in paragraph (4) of subsection (a) of this Code section exist, making it unnecessary to provide reasonable efforts to reunify. O.C.G.A. § 15-11-58(h). B. Judicial and Citizen Review The cases of all children in foster care under the supervision of DFCS shall be initially reviewed within 90 days of a disposition order but no later than six months following the child's placement in foster or shelter
  • 174.
    Page174 of 306 care.By statute, after the initial review, these cases must continue to be periodically reviewed in a similar fashion at six-month intervals. O.C.G.A. § 15-11-58(k), URJC, 24.1. This hearing is to be conducted by either the juvenile court judge or the citizen review panel if such an organization is active in your county. If the citizen review panel conducts the review, the panel will make findings and submit recommendations to the court which should address the following issues: 1. The necessity and appropriateness of the current placement; 1. Whether reasonable efforts have been made by the local DFCS office to obtain permanency for the child; 1. The degree of compliance with specific goals and objectives set out in the case plan of all appropriate parties and their level of participation; 1. Whether any progress has been made in improving the conditions that caused the child's removal from the home; and 1. Any specific changes that need to be made in the case plan, including a change in the permanency goal and the projected date when permanency for the child is likely to be achieved. URJC, 24.7. The reunification plan proposed by DFCS should be revised and adjusted over time in order to meet the needs of the child and to reflect the changing conditions of his/her parents. At the time of each review, DFCS must inform the court whether it intends to proceed with the termination of parental rights. O.C.G.A. § 15-11-58(k). If a Citizen Review Panel conducts the review, the panel will transmit its report, including its findings and recommendations, along with those of DFCS and the department's proposed revisal (if necessary) to the plan for reunification or non-reunification to the court and the parents within five (5) days. Any party to a review where DFCS has submitted a revised plan may request a hearing on the proposed revised plan within five (5) days after receiving a copy of the report. O.C.G.A. § 15-11-58(k). If no hearing is requested, the juvenile court judge will review the proposed revised plan and enter a supplemental order incorporating the plan as part of its disposition of the case. O.C.G.A. § 15-11-58(l). In some counties, the juvenile court judge will review the report of the citizen review panel and then order DFCS to make all recommended changes (if any) or to show cause why these changes should not be made. Some of these counties may require DFCS to comply with these recommendations within a given period of time or to show cause why compliance is not practical or possible. If a hearing is held, the court will review the evidence presented by all parties and enter a supplemental order incorporating the elements of the revised plan the court finds appropriate. The supplemental order shall be entered by the judge within a "reasonable time" after the hearing and shall provide for one of the following: 1. That the child return to the home of his or her parents, legal guardian, or custodian with or without court imposed conditions; 1. That the child continue in the current custodial placement and that the current placement is appropriate for the child's needs; or
  • 175.
    Page175 of 306 1.That the child continue in the current custodial placement but that the current placement plan is no longer appropriate for the child's needs, and direct the department to devise another plan. O.C.G.A. § 15-11-58(l). C. Motions to Extend Custody If DFCS files a motion with the court and a hearing is held to determine the permanency plan for the child prior to the expiration of the original order, a court which made a disposition or a supplemental order can extend the order's duration for twelve (12) months. O.C.G.A. § 15-11-58(n)(1). To determine the future status of the child, such a permanency plan should address the following: 1. whether the child should be returned to his/her parents; 2. whether parental rights should be terminated and the child place for adoption or referred for legal guardianship; 3. where a compelling reason exists, that another planned permanent living arrangement is a more appropriate placement for the child; 4. whether reunification services should be continued; 5. with respect to a child placed out-of-state, what procedural safeguards should be applied as to whether the placement continues to be appropriate and in the best interests of the child; 6. in the case of a child who has attained age 16, the services needed to assist the child to make a transition from foster care to independent living; 7. what procedural safeguards should be applied to the following: a. parental rights with respect to the removal of the child from the home of his/her parents; b. a change in the child's placement; c. any determination affecting visitation privileges of the parents. O.C.G.A. § 15-11-58(o)(2). The parents of the child must be given reasonable notice of the factual basis for the petition and an opportunity to be heard at this hearing prior to the judge's decision. O.C.G.A. § 15-11-58(o)(2). To grant an extension of temporary custody over the child to DFCS, the court must find that the extension is necessary to accomplish the purposes of the original order. O.C.G.A. § 15-11-58(n)(3). If the desire to keep the child in temporary custody with DFCS is based upon new circumstances not previously addressed in the deprivation proceeding, the appropriate procedure would be to file a new deprivation petition. An extension of temporary custody cannot be justified on new circumstances not previously addressed in a formal adjudicatory hearing. The motion to extend temporary custody should be filed and a hearing must be held prior to the expiration of the original dispositional order removing the child from the home. O.C.G.A. § 15-11-58(n)(1). Failure to do so can result in a reversal on appeal of a decision to extend temporary custody. However, the parent or guardian must object to the failure to properly file the motion on time during the extension hearing or he/she will lose the right to object to the state's mistake on appeal. Page v. Shuff, 160 Ga. App. 866
  • 176.
    Page176 of 306 (1982).A dispositional order which is allowed to expire before a proper extension is given by the juvenile court would seem to require the return of the child to his parent(s) or guardian. However, nothing at this point would permit DFCS from filing a new deprivation petition requesting that the child be removed from the home once again. The Court of Appeals has previously refused to overturn a judgement of the trial court temporarily extending custody with DFCS on the last day before a dispositional order was set to expire until another deprivation petition could be filed. In the Interest of P.M., et al., children., 201 Ga. App. 100 (1991). In that case, the court held an emergency hearing to extend custody without providing notice to the child's mother. By the time the case reached the Court of Appeals, the trial court had held an adjudicatory hearing on the merits of the new deprivation petition and had once again ordered the child removed from the home. The court declined to reverse an improper extension order because the trial court had found once again by clear and convincing evidence that the child was deprived and therefore the issue was not reviewable because of the new adjudicatory hearing. Id. at 100. It would seem that a juvenile court judge could issue an emergency (shelter care) order if the child is in danger and the prior order granting DFCS temporary custody expires without an extension. However, in order to prevent unnecessary trauma to the child as well as having to start the deprivation proceeding all over again, it is important for the case manager to coordinate with the SAAG to ensure that motions to extend custody are filed with in plenty of time to allow for a hearing prior to the expiration of the original order. The repeated use of motions to extend temporary custody without attempting to terminate parental rights has caused some to criticize this practice as promoting "foster care drift". This is the movement of a child from one temporary foster home to another while waiting (sometimes in vain) for the parent(s) to comply with the court ordered reunification plan. Some observers have questioned whether motions to terminate should be pursued sooner in order to provide the child with a more permanent arrangement. In a survey of DFCS case managers conducted by the Child Placement Project, over forty percent (40%) of the respondents reported that motions to extend temporary custody were filed in more than half of all deprivation cases. [Insert 30-day Graphic Here.] IX. Termination of Parental Rights A petition for the termination of parental rights is often made by the Division of Family and Children Services when it appears that efforts to reunify the family will either be futile, or will potentially harm the child. A termination petition can also be filed on behalf of the child by any other party who knows the facts contained in the petition and believes that they are true just as with a deprivation petition. O.C.G.A. § 15- 11-95(b). An order terminating parental rights has the effect of ending all rights and obligations of the parent with respect to the child and/or the child to the parent, including the right of inheritance. The parent will have no right to notice of or the right to object to the future adoption of that child into another home. O.C.G.A. § 15-11-93. The termination of one parent's rights with respect to the child has no effect on the rights of another legal parent to the care and control of that child. O.C.G.A. § 15-11-105. A. Standard of Proof and Requirements for Termination
  • 177.
    Page177 of 306 TheGeorgia Juvenile Code sets forth four basic situations where a petition for the termination of parental rights is clearly appropriate: 1. the parent has given written consent, acknowledged before the court, to the termination of his/her parental rights with respect to the child; 2. a decree has been entered by a court ordering the parent to support the child and the parent has wantonly and willfully failed to comply with the order for a period of 12 months or longer; 3. the parent has either abandoned the child or left the child in a situation such that the identity of the parent cannot be determined after a diligent search, and the parent has not come forward to claim the child within three months of his/her finding; or 4. The court makes a finding of parental misconduct or inability. O.C.G.A. § 15-11-94(b)(1-4). According to the Georgia Juvenile Code, the court can only order the termination of parental rights by finding with clear and convincing evidence that the parent in question falls into one of the four categories set forth in O.C.G.A. § 15-11-94(b)(1-4). O.C.G.A. § 15-11-94(a). Even if the court finds justification for termination because the parent falls into one of these four categories, the court cannot terminate a parent's rights over the care and control of the child unless the termination would be in the best interest of the child, after considering the physical, mental, emotional, and moral condition and needs of the child who is the subject of the proceeding, including the need of that child for a secure and stable home. O.C.G.A. § 15-11- 94(a). However, it is not sufficient by itself for termination to be in the "best interest" of the child. It is not enough that the child might be better off in another environment. The court must determine that the child is deprived due to a lack of proper parental care or control and that this deprivation is likely to continue in the future causing serious harm to the child if a petition to terminate is to be granted. Ferreira, McGough's Ga. Juvenile Practice and Procedure (2nd ed.), § 5-6. 1. Parental Misconduct or Inability Parental misconduct or inability is a catch-all category under which the vast majority of petitions to terminate parental rights are filed. To approve such a petition, the court will need to find that: 1. the child is deprived under the definition given in the Juvenile Code (as explained in the previous chapter on the Jurisdiction of the Court); 2. the lack of proper parental care or control by the parent in question is the cause of the child's deprivation; 3. the cause of the child's deprivation is likely to continue or will not likely be remedied; and 4. the continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child. O.C.G.A. § 15-11-94(b)(4)(A)(i-iv). The key to this standard is whether the child lacks proper parental care and control. The Juvenile Code states that the court may consider any and all of the following factors in determining whether the parent has exhibited proper care and control over the child for purposes of a termination petition:
  • 178.
    Page178 of 306 1.a medically verifiable deficiency in the parent's physical, mental, or emotional health that exists to such a degree and for such a length of time as to render the parent unable to provide adequately for the physical, mental, emotional, or moral condition and needs of the child; 2. the excessive use or history of chronic unrehabilitated abuse of drugs or alcohol which renders the parent incapable of providing adequately for the physical, mental, emotional, or moral condition and needs of the child; 3. the conviction of the parent of a felony and the parent's subsequent imprisonment which has a clearly negative effect on the quality of the parent-child relationship; 4. the egregious conduct or evidence of past egregious conduct of the parent toward the child or toward another child of a physically, emotionally, or sexually cruel or abusive nature; 5. the physical, mental, or emotional neglect of the child or evidence of past physical, mental, or emotional neglect of the child or of another child by the parent in question; 6. the injury or death of a sibling of the child under circumstances which constitute substantial evidence that such injury or death resulted from parental neglect or abuse. O.C.G.A. § 15-11-94(b)(4)(B)(i-vi). In addition, if the child has been removed from the home prior to a petition to terminate parental rights, the court can consider whether the parent, without justifiable cause, has failed significantly for a period of one year or longer prior to the filing of the termination petition: 1. to develop and maintain a parental bond with the child in a meaningful, supportive manner; 2. to provide for the care and support of the child as required by law or judicial decree; and 3. to comply with a court ordered plan designed to reunite the child with the parent or parents. O.C.G.A. § 15-11-94(b)(4)(C)(i-iii). Georgia courts must conduct a two-step analysis in deciding whether to terminate a parent's rights. First, in most cases the court determines whether there is clear and convincing evidence of parental misconduct or unfitness, and second, if termination of parental rights is in the best interests of the child. In the Interest of B.J.H., 197 Ga. App. 282 (1990). It is not necessary for the court to give a parent an opportunity to rehabilitate him/herself prior to proceeding with the termination of her parental rights so long as the statutory requirements set forth above are met. The state is authorized to proceed immediately with a motion to terminate parental rights once the deprivation action has commenced. In the Interests of B.R.S., a child., 198 Ga. App. 561 (1991). There are several important issues for you to consider before deciding to request the termination of parental rights under the general category of parental misconduct or inability: 1. Past deprivation alone is insufficient to prove present deprivation but can be used as evidence that such conditions are likely to continue into the future. In the Interest of A.M.B. et al., children., 219 Ga. App. 133 (1995).
  • 179.
    Page179 of 306 2.Under the statute, the court is authorized to look at a parent's imprisonment on a felony conviction as evidence of a lack of proper parental care or control if the situation has "a clearly negative effect on the quality of the parent-child relationship." O.C.G.A. § 15-11- 94(b)(4)(B)(iii). However, imprisonment alone does not automatically result in a termination of that parent's rights. In the Interest of R.L.H., a child., 188 Ga. App. 596 (1988). 3. Parental misconduct or unfitness can be caused by either intentional or unintentional misconduct causing the abuse or neglect of a child or by what is tantamount to physical or mental incapacity to care for the child. In the Interest of G.L.H., et al., children., 209 Ga. App. 146 (1993). 4. The fact that a parent is staying with a relative or friend who provides support and assistance does not preclude a finding of deprivation justifying termination.. This standard is based on a lack of properparental care or control. The test is whether the parent, standing alone, is ultimately capable of mastering proper parental skills. In re S.R.J., a child., 176 Ga. App. 685 (1985). 5. Evidence of the living and economic conditions of foster parents who wish to adopt a child cannot be considered for the purpose of determining whether there is present deprivation caused by parental misconduct or inability that will likely continue into the future causing serious harm to the child as required by the first part of the test. However, this information can be considered by the court in determining whether termination is in the best interests of the child. In the Interest of J.M.G., a child., 214 Ga. App. 738 (1994). 6. Remember, there must not only be a finding of deprivation, but there must also be clear and convincing evidence that this condition will continue into the future. A termination can be authorized with expert testimony that father's failure to admit to his abuse means it is likely that this abuse will continue into the future. In the Interest of T.M.H., et al., children., 197 Ga. App. 416 (1990). A termination of a father's parental rights were also justified when he failed to protect his children from an abusive mother even though he knew that she was prone to violence and had harmed the child before. In that situation, the father was mentally retarded and incapable of protecting his children and therefore the danger to the children was likely to continue into the future. In the Interest of M.C.A.B., a child., 207 Ga. App. 325 (1993). In a termination proceeding, the court may consider past deprivation in determining whether deprivation is likely to continue in the future as required by the statute. In the Interest of B.J., 220 Ga. App. 144 (1996). 2. Voluntary Relinquishment of Parental Rights The voluntary relinquishment of parental rights in writing and acknowledged before the court appears to refer to situations in which a third party has filed at petition to terminate a parent's legal rights with respect to the child and the parent consents to this outcome. O.C.G.A. § 15-11-94(b)(1). This code section does not appear to authorize a parent to initiate a motion to terminate their own parental rights without the involvement of outside parties. 3. Failure to Comply with a Child Support Order
  • 180.
    Page180 of 306 TheJuvenile Code authorizes the termination of parental rights when a parent has wantonly and willfully failed to comply with a child support order for a period of one year or longer. O.C.G.A. § 15-11-94(b)(2). The key to this standard appears to be the requirement that the failure to comply be "wanton and willful" which the Court of Appeals has defined as "without reasonable excuse, with a conscious disregard for duty, willingly, voluntarily, and intentionally." In re H.B. and K.B., 174 Ga. App. 435 (1985). The failure to comply with a support order is not wanton and willful when a parent was laid off from his job and unable to pay child support. In re S.G.T., 175 Ga. App. 475 (1985). The Court of Appeals has held that termination of the mother's rights was not justified by her failure to provide child support for a period of one year since no court order was issued requiring her to do so and no request for child support was made by the child's father during his six year custody of the child. Uniroyal Goodrich Tire, Co. et al. v. Adams et al., 221 Ga. App. 705 (1996). 4. Abandonment A termination petition can also be based upon an instance of parental abandonment. In order to make a finding of abandonment, there must be sufficient evidence of "actual desertion, accompanied by the intention to sever entirely, so far as possible to do so, the parental relation and throw off all obligations growing out of the same, and forego all parental duties and claims." Thrasher v. Glynn Co. Dept. of Family and Children Services, 162 Ga. App. 702 (1982). The court noted that the father had failed to attempt to legitimate the child, establish any familial relationship with the child, or contribute to the support of the child or of the mother during her pregnancy or hospitalization. You should note that these are the same factors taken into consideration by the court in determining whether notice is required prior to terminating a putative father's parental rights. O.C.G.A. § 15-11-96(e)(1-4). In addition, merely turning over the custody of a child to another is not alone grounds for termination of parental rights. Here, custody of a child was provided temporarily to one of the mother's adult children. The mother entered into an agreement where she reserved the right to reacquire custody by filing a petition with the probate court. This is not sufficient to constitute abandonment since there was no intent to entirely severe the relationship. Uniroyal Goodrich Tire, Co. et al. v. Adams et al., 221 Ga. App. 705 (1996). In addition, the court held that termination of the mother's rights was not justified by her failure to provide child support for a period of one year since no court order was issued requiring her to do so and no request for child support was made by the child's father during his six year custody of the child. Id. B. Notice of Proceeding and Summons The process of terminating a parent's parental rights begins with a petition similar to the one filed in a deprivation action. Once again this petition must set forth the facts alleged in ordinary and concise language and how they relate to the terms of the statute. O.C.G.A. § 15-11-95(c). When the petition is filed, a summons notifying all relevant parties of the termination hearing should be sent to the child's pare nts, guardian, lawful custodian, and the person who presently has physical custody of the child. O.C.G.A. § 15- 11-96(a). A copy of the termination petition will be sent together with the summons so that all parties will be adequately prepared for the hearing. O.C.G.A. § 15-11-96(b). A parent in a termination hearing may be served by publication if the notice indicates the general nature of the allegations and where a copy of the
  • 181.
    Page181 of 306 petitionmay be obtained. The court should provide to the child's parent(s), guardian, or legal custodian a free copy of the petition during business hours or to mail the a copy of the petition upon request. O.C.G.A. § 15-11-96(b). The summons must be served upon all parties at least 30 days prior to the date of the termination hearing. O.C.G.A. § 15-11-96(c). Most of the difficulties and confusion surrounding preparing for a termination hearing concern notification to the fathers of children born out of wedlock. When the petition seeks to terminate the parental rights of a biological father who is not the legal father of the child, a certificate must be included from the putative father registry identifying any registrant acknowledging paternity of the child or the possibility of paternity of a child during the two years prior to the child's birth. O.C.G.A. § 15-11-95(d). A legal father is defined as a male who: 1. has legally adopted a child; 2. was married to the biological mother of the child at the time the child was conceived or born unless his paternity was disproved in a court hearing; 3. married the legal mother of the child after the child was born and recognized the child as his own, unless paternity was disproved in a court hearing; 4. has been determined to be the father in a paternity hearing; 5. has legitimated the child. All of these constitute a legal father so long as he has not surrendered or had his parental rights previously terminated. O.C.G.A. § 15-11-2(10.1)(A-E). If there is a biological father who is not the legal father of the child and has not previously surrendered his parental rights, he must be notified of the termination proceedings in the following circumstances: 1. If his identity is known to the petitioner or the petitioner's attorney; 2. If he is a registrant on the putative father registry who has acknowledged paternity of the child; 3. If he is a registrant on the putative father registry who has indicated possible paternity of the child during a period of two years immediately prior to the child's date of birth; or 4. If the court finds from the evidence, including but not limited to an affidavit of the child's mother, that the biological father who is not the legal father has performed any of the following acts: a. Lived with the child; b. Contributed to the child's support; c. Made any attempt to legitimate the child; or d. Provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth of the child. O.C.G.A. § 15-11-96(e)(1-4). A biological father who is not the legal father of a child that is listed in one of the above categories must be notified of a proceeding to terminate his parental rights by one of the following methods:
  • 182.
    Page182 of 306 1.Registered or certified mail, return receipt requested, at his last known address, which notice shall be deemed received upon the date of delivery shown on the return receipt; 2. Personal service, which is delivering the summons and petition directly to the father; or 3. Publication once a week for three weeks in the official legal newspaper of the county where the petition has been filed and of the county of his last known address, w hich notice shall be deemed received upon the date of the last publication. If possible, the father should be notified by the methods 1 and 2 prior to resorting to notice by publication. O.C.G.A. § 15-11-96(f)(1-3). If there is a biological father who is not the legal father of the child and his address is not known either to the petitioner or the petitioner's attorney, then the court should request an affidavit from the mother as to whether the biological father has performed any of the following acts: 1. Lived with the child; 2. Contributed to the child's support; 3. Made any attempt to legitimate the child; or 4. Provided support or medical care for the mother either during her pregnancy or during her hospitalization for the birth of the child. O.C.G.A. § 15-11-96(g) If the court finds from the evidence that such a father has not performed any of these acts and the petitioner provides a certificate from the putative father registry that there is no listing for such an individual, then it shall be "rebuttably presumed" that the biological father who is not the legal fa ther of the child is not entitled to notice of the proceedings to terminate his parental rights. Unless evidence exists to rebut this presumption, the court shall enter an order terminating the father's parental rights to the child. O.C.G.A. § 15-11-96(g). If the biological father who is not the legal father of the child has performed any of those listed activities then he is at the very least automatically entitled to notice by publication, even if his location or last known address are unknown. O.C.G.A. § 15-11-96(e) and (g). If notice of a proceeding to terminate parental rights must be provided to a biological father who is not the legal father, such a father must be advised that he will lose all rights to the child and will not be entitled to object to the termination unless within thirty (30) days of receipt of notice he files: 1. a petition to legitimate the child; and 2. notice of the filing of the petition with the court in which the action is pending. O.C.G.A. § 15-11-96(h). A biological father who is not the legal father of a child will lose all rights to such a child and the court must enter an order terminating those rights if within thirty (30) days from the receipt of his notice
  • 183.
    Page183 of 306 he: 1.Does not file a legitimation petition and give notice as required in subsection (h); 2. Files a legitimation petition which is subsequently dismissed for failure to prosecute (that is failure to pursue to a conclusion); or 3. Files a legitimation petition and the action is subsequently concluded without a court order declaring that he is the legal father of the child. O.C.G.A. § 15-11-96(i). C. Right to Counsel In a hearing on the termination of parental rights, the juvenile court is required to appoint a separate attorney to act as counsel for the child and may choose to appoint a guardian ad litem to represent the best interests of the child. The attorney representing the child and the guardian ad litem may be and often are the same person. O.C.G.A. § 15-11-98(a), URJC, 11.8. A failure to appoint an attorney to represent the interests of a child in a proceeding to terminate parental rights requires a reversal by the appellate courts. In re J.D.H., 188 Ga. App. 466 (1988). An indigent putative father of a child born out of wedlock also has a right to appointed counsel in a proceeding to terminate his parental rights. His failure to perform any parental duties prior to this time does not affect his right to appointed counsel. Wilkins v. Georgia Department of Natural Resources, 255 Ga. 230 (1985). The Supreme Court held that in such circumstances the putative father is a "party" under O.C.G.A. § 15-11-6(b) with a right to counsel. Id. D. Placement of the Child Following a Termination Order If, after a termination order is entered, the child has no remaining legal parent to whom custody can be granted by the court, the court shall attempt to first place the child with his/her extended family or with a person related to the child by blood or marriage. Such a relative will be required to abide by the terms and conditions of the order of the court. O.C.G.A. § 15-11-103(a)(1). The court will only make such an intra- family placement if it is in the best interest of the child. If the court in cooperation with the department cannot find a suitable placement for the child within his/her own family, the court may make any one of the following dispositions: 1. commit the child to the custody of the Department of Human Resources or to a licensed child- placing agency willing to accept custody for the purpose of placing the child for adoption or, 2. in the absence of an adoption, place the child in a foster home, or take other suitable measures for the care and welfare of the child. O.C.G.A. § 15-11-103(a)(2). If no petition to adopt the child is filed, the court will review at least once every year the circumstances of the child to determine what efforts have been made to assure that the child will be adopted. O.C.G.A. § 15- 11-103(d). The court can enter additional necessary orders to further an adoption which includes moving
  • 184.
    Page184 of 306 thechild to another placement. O.C.G.A. § 15-11-103(d). In order for a termination of parental rights to move smoothly, it is important for the DFCS case manager to identify blood relatives and the putative father of the child as soon as possible after the child comes into temporary custody with the department. This will prevent unnecessary delays once the termination petition is filed as well as preventing the placement of a child with another "stranger" after a long period in foster care simply because that person is related to the child by birth. [Insert 2-Step TPR Test Here.] X. Evidence When testifying in court, case managers will often witness evidentiary arguments between la wyers for which they have not been prepared. This chapter is an effort to give you a very basic understanding of evidence law as applied in juvenile court. The manual covers only the topics which we feel you may encounter during your career and is not an authoritative review of Georgia evidence law. We hope that you will find it useful in understanding what information is admissible in court. There are three main types of evidence. Testimonial Evidence basically involves an attorney (such as a SAAG) calling a witness (such as a DFCS case manager) to the stand to ask him/her questions. This is called direct examination. The opposing attorney (usually representing the parents), will have an opportunity to cross examine the witness. Documentary Evidence basically covers written materials such as case reports, letters, memos, hospital and school records, etc. Demonstrative Evidence includes what you would consider "pieces of evidence" such as objects, photographs, etc, as well as charts, graphs, and other visual aides. One important restriction on evidence is that it must be "relevant." The Georgia Court of Appeals has held that evidence is relevant if it logically tends to prove or disprove any material fact which is at issue in the case. Kelly v. Floor Bazaar, Inc., 153 Ga. App. 163,165 (1980). In addition, if evidence has any tendency to advance a party's position at trial, it is relevant. It is for the fact finder (the judge) to decide how credible this evidence is. Daniels v. State, 184 Ga. App. 689 (1987). As you can probably see, it is fairly easy to find some justification to call a piece of evidence relevant and most objections on this basis fail for that reason. In the area of testimonial evidence, competence is another restriction that must be dealt with when calling child witnesses to the stand. In deprivation hearings, the child on whose behalf the petition is filed can in some situations be a key witness. O.C.G.A. § 24-9-5(a) provides that children who do not understand the oath (to tell the truth, the whole truth, and nothing but the truth) shall be incompetent witnesses who will not be allowed to testify. However, if a child witness is the subject of a deprivation hearing, such a child is automatically competent to testify by law. O.C.G.A. § 24-9-5(b). If other children are called to the stand
  • 185.
    Page185 of 306 whoare not subject to the deprivation petition, it will be necessary to determine if they can understand the oath prior to placing them on the witness list. The SAAG will determine who will testify in the hearing. The requirement that evidence must be reliable in order to be admissible is where most of the arguments arise. The first reliability problem we will focus on is the question of opinion testimony. Ordinarily, witnesses who have not been qualified as "experts" by the court should testify as to the facts they observed. Under Georgia law, a witness may provide the court with his or her opinion if such an opinion is requested in the question, however, if the question relates to the existence of a fact, the opinions of a witness are generally not accepted by the court. O.C.G.A. § 24-9-65. Statements as to your opinions should be avoided as much as possible. Observations of facts and events should be made without any judgment or editorializing, and a detailed description of what you observed is all that should be given. Opinions about observations, on the other hand, offer conclusions about what your observations mean or indicate. It is not possible to totally remove all opinion from your testimony. Most courts will allow you to give some descriptive opinions of what you observed during your investigation. Paul S. Millich, Georgia Rules of Evidence, §15.2, p.210. However, as a practical matter, your testimony will appear much more professional and competent to the judge if you avoid opinion statements such as "the house was messy" and focus on the actual factual basis of the opinion (such as garbage overflowing, dirty dishes, insects, etc). Lucy S. McGough, The Social Worker and the Legal Process in Georgia: A Handbook for Caseworkers, December 1981, p. 93. One exception to this general prohibition of opinion testimony is the use of expert witnesses. Georgia law provides that "the opinions of experts on any question of science, skill, trade, or like questions shall always be admissible; and such opinions may be given on the facts as proved by other witnesses." O.C.G.A. § 24-9- 67. On rare occasions, a DFCS case manager will be called to the stand as an expert witness. If the decision is made to try and qualify you as an expert, the SAAG will ask you a series of questions pertaining to your background in order to prove your qualifications to the judge. An attorney representing the parents or the child's guardian ad litem may also ask questions concerning your experience if they wish to challenge your credentials to testify in this regard. It is entirely within the discretion of the judge to decide whether to certify a case managers an "expert witness" in a deprivation hearing. Georgia courts often allow a witness to testify as an expert when his background, education, training, or other expertise might assist the trier of fact (the judge). Paul S. Milich, Georgia Rules of Evidence, § 15.4. Status as an expert allows a witness to offer opinions to the court within the area of his/her expertise. The witness must be qualified to testify as to the kinds of opinions being offered. Id. at §15.4. For example, a foster care worker called to the stand to testify as an expert in a deprivation hearing will only be allowed to offer opinions to the court in regards to the foster care placement and needs of the child. He/she may not offer opinions as to the child protective
  • 186.
    Page186 of 306 servicesinvestigation and findings in regards to this child unless the witness also has the experience necessary to qualify as a witness in this regard as well. Id. at § 15.4. Expert opinion must be "relevant and helpful" to the judge in making his determination as to whether the child is deprived within the law and what disposition is appropriate for the child if this is the case. Paul Milich developed five elements of "helpfulness" in his book, Georgia Rules of Evidence, which you might find helpful: 1. An expert's testimony must add some information the trier of fact (the judge) otherwise could not develop on his own from the facts because of a lack of training or experience in this area. 2. The testimony must be relevant and cannot violate any other rules of evidence. 3. The opinions are based on principles, methods, or techniques that have proven reliability. 4. Even if the skills or methods the expert uses are reliable and accepted, the expert himself must be qualified by his background as a competent representative of those skills and methods; 5. An expert's factual bases must be clear to the trier of fact (the judge). Expressing an opinion to the court without relaying the factual basis of that opinion is not "helpful" for purposes of expert testimony. Paul S. Milich, Georgia Rules of Evidence, § 15.3. The second reliability problem we will focus on is the evidentiary issue you will encounter the most when you testify in juvenile court: hearsay. Defining hearsay has always been a difficult matter. Hearsay is an out of court statement which can either be oral (by conversation in person or over the phone) or written in the form of a document or letter. Hearsay is basically second-hand information from someone who did not actually observe the incidents described or hear the statements that are related. Child Protective Services: A Supervisor's Guide, V-8, p. 1. A hearsay statement is submitted to the court to prove the truth of the matters contained within the statements, or in other words to prove that the statement itself is true. The traditional prohibition against hearsay statements is that out of court statements by witnesses who are not testifying at trial are less reliable because the declarant (the person making the statement) is not subject to cross-examination at trial. Milich § 16.4-p.250. In Georgia, a prior out of court statement by a witness who will testify at trial is admissible because the declarant will be available to be cross-examined about this statement. Shelton v. Long, 177 Ga.App. 534 (1986). As a general rule, hearsay is not admissible and no document containing hearsay statements may be admitted into evidence, nor can any witness repeat a previous hearsay statement while on the stand. However, there are numerous exceptions to this rule. O.C.G.A. § 24-3-1. If you relate a hearsay statement to the court during your testimony and an objection is made to the statement, the SAAG representing the department will attempt to make it fit within one of the following exceptions. This is an incomplete listing of the exceptions; and it contains only the ones you will likely encounter in court as a DFCS case manager. 1. Admission by a Party to the Record: Any previous statement by a party to a deprivation case (such as the child's parent, guardian, or custodian) is admissible under this exception. O.C.G.A.
  • 187.
    Page187 of 306 §24-3-31. Such an admission must be a statement by a party that is contrary to that party's statements or contentions at trial. Petty v. Folson, 229 Ga. 477 (1972). 2. Child Abuse Hearsay Exception: O.C.G.A. § 24-3-16 allows for the court to accept a hearsay statement of a child under the age of 14 that describes an act of sexual conduct or physical abuse performed with or on that child or in the presence of the child if the statement is repeated in court by the person to whom the statement is made. This child must be available to testify in court should the need arise and the court must find that the circumstances of the statement provide sufficient assurances of reliability. 3. Former Testimony: The court may accept a hearsay statement of a witness who is deceased, disqualified, or inaccessible for any cause, as long as the statement was made under oath at a previous proceeding. This previous proceeding must involve substantially the same parties and issues as the current deprivation hearing. O.C.G.A. § 24-3-14. 4. Public Records-Documents Made and Kept by Public Agencies and Business Records: Here we are talking about the case files and reports made by and to DFCS case managers during an investigation of alleged child abuse or neglect. There is no express statute authorizing the admission of these documents into evidence. However, contents of the case file may fall within the Business Records Exception of O.C.G.A. § 24-3-14 "if the court finds that they were prepared in the ordinary course of the agency's business, at or near the time of the events or transactions described." Milich, § 19.19. Documents under the business records exception are normally inadmissible if they are prepared in anticipation of litigation (such as a DFCS report on an alleged case of deprivation). However, public records under this exception are admissible even if they are prepared in anticipation of litigation so long as the public authority has no stake or role in the controversy. Paul S. Milich, Courtroom Handbook on Georgia Evidence, p. 51. Whether or not the state has a role in the proceedings here that would make documents prepared by DFCS inadmissible is unclear. The sources of such information in documents prepared by DFCS must be the observations of agency personnel (DFCS caseworkers) and not private citizens. While the contents of a report made by DFCS can only include the observations and knowledge of agency personnel, documents prepared by others such as medical reports by a physician are admissible separately under the business records exception. This exception requires that the person who authored the business record be available to be cross-examined about their contents. The Court of Appeals has held that a trial court should not have admitted reports from doctors, teachers, and other specialists if their authors were unable to testify in court. In the Interest of GDS., et al., 185 Ga. App. 772 (1988). Also, any business record admitted may not contain statements that are opinions or conclusions. These issues raise the possibility that parts of your case file may be admissible in court while other parts are not. Portions of a document containing opinion statements may have to be blacked out before the document is submitted to the court. However, if these private citizen comments are made by parties to the proceeding, then they might come in anyway under the Admissions exception. Depending on what is being introduced at trial from your case file, the item might be admissible under this
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    Page188 of 306 exception.Milich, §19.19. XI. Preparing to Testify in Court Testifying in juvenile court in a deprivation case is a common occurrence for all DFCS case managers. However, case managers are provided very little training in how to prepare for their court duties. This chapter is designed to give you a few helpful hints to make the process less stressful as well as explaining the procedural rules of the court. A. Preparing to Testify Taking the time to be well prepared for your testimony will make your experience on the stand much easier. You may wish to start by thoroughly reviewing your case file prior to any hearing in which you are scheduled to appear. You should be generally familiar with the entire case even if you were only involved with one phase or time period of the case. If possible, try to meet with the SAAG (Special Assistant Attorney General) who will act as the attorney for DFCS in this case. The SAAG is the attorney who will call you as a witness in the hearing. You are likely to be the person most familiar with the case, having conducted the investigation of or provided services to this family. However, often it is the foster care worker who is called to testify and not the CPS worker who conducted the investigation. Reviewing the case file with the SAAG and making a list of what evidence is available and necessary for the deprivation hearing will minimize the risk of confusion during the proceedings and the possibility that a continuance will have to be reque sted. It is important to prepare your case file from the moment the case is opened as though you were going to use the information in a court proceeding. You will be using this file later to prepare yourself to testify in court. Your testimony will be far more effective if you can answer the questions posed as specifically as possible. When recording information in the case file, try to use as much detail as can reasonably be provided. As you record each event, occurrence, report, or any other information in your file, be sure you have answered the basic questions: who, what, when, where, how, and why in as much detail as possible. Detailed testimony in a deprivation hearing is far more persuasive to a judge than generalizations or estimates. When recording your opinions of certain issues in the case file, be sure that they are marked separately as such in case this document or portions thereof must be turned over to the judge during discovery. B. Helpful Hints on Testifying in Court The SAAG representing the department in the county will call you to the stand to testify. The process of an attorney questioning a witness favorable to his/her case is known as direct testimony. The SAAG will have to ask questions in a form that is non-leading (questions that do not suggest an answer to the witness). Since you are a witness for the SAAG in this hearing, the questions will be simple and polite. The SAAG is likely to begin by asking you some general questions about your background. You are not likely to find any surprising questions to which you don't know the answer to if you have previously discussed the case with
  • 189.
    Page189 of 306 theSAAG. Here are a few suggestions you may want to follow in answering questions during your direct testimony before the court: 1. Never be late for court. Judges have extremely busy court calenders and this is a very easy way to make him/her angry. Try to arrive at the courthouse at least 10 to 15 minutes before the hearing. You should note that often the nature of these cases causes them to run late and yo u may be forced to wait for a time before you are called into court. You may wish to bring something to court to work on to make good use of your time while you wait. However, you still must arrive at court at the designated time since the judge may be ready for your case at the time appointed on the calendar. 2. Always give spoken answers to the questions. Never answer a question with a nod or a shrug, always give a verbal response which the court reporter can record. 3. Speak clearly and distinctly so that all of the court participants can hear and understand you. If the witness stand in your courtroom has a microphone you should speak into it. 4. Use ordinary language which can be understood by anyone. Try to avoid professional jargon or lingo which will only be understood by those working in the field of child welfare or child protective services. 5. Listen carefully to the question that is asked and answer only that question. Do not discuss anything that you have not yet been asked about by the attorney questioning you. 6. If you cannot hear a question, ask the lawyer to repeat it. If you do not understand the wording of a question, say so and the judge will ask the attorney to rephrase the question. Do not attempt to guess what the attorney is asking if it is not clearly apparent to you. 7. Expect to feel anxious but be confident and professional in your answers. A good way to express confidence in your testimony is to maintain eye contact with the judge when answering a question. 8. Be as exact as possible in answering the question. This is where a detailed case file can add to the effectiveness of your testimony during a deprivation hearing. Do not exaggerate or understate any facts in your answers. 9. If an objection is made to a certain question, stop your answer and wait for the judge to rule on the objection before you continue. 10. Always be polite and maintain your composure. Never argue with an attorney or a judge. Simply answer the question that was asked of you. 11. If the question has two parts requiring different answers, then answer the question in two parts or ask that the question be rephrased. 12. If you are testifying as an expert, be prepared to reconcile or distinguish your opinion from opposing schools of thought.
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    Page190 of 306 13.Know your testimony before taking the stand and avoid bringing notes with you to assist you in testifying. Whatever information is contained in the documents you take with you to the stand to assist you in testifying may be subject to review by the attorneys for the parent(s) and the guardian ad litem. You may be called upon to testify as to the work of another caseworker who has retired or moved on to another job. You should still attempt, if possible, to review the case file beforehand and testify from memory. 14. Always address the Judge as "Your Honor" throughout the hearing. McGough, Lucy S., The Social Worker and the Legal Process in Georgia: A Handbook for Caseworkers, p. 130, (1981) and Child Protective Services: A Supervisor's Guide, V-20, p. 2. Number 13 above is an area of the law that remains unsettled. O.C.G.A. § 24-9-69 states that a witness "may refresh and assist his memory by the use of any written instrument or memorandum, provided he shall finally speak from his recollection thus refreshed or shall be willing to swear positively from the paper." In criminal cases, the attorney for the opposing party generally has a right to view any notes in the possession of the witness used during testimony. This practice has been extended to civil cases by some trial courts. The Court of Appeals has given mixed signals about whether an attorney in a civil case may view the notes used by a witness for the opposing party. Paul S. Milich, Georgia Rules on Evidence, §13.5. In Kilgore v. Department of Human Resources, 151 Ga. App. 19 (1979), the Court of Appeals held that an attorney representing a mother in a hearing to terminate her parental rights did not have an absolute right to view the notes used by a DFCS caseworker during her testimony. However, the court noted that these were simply notes and not the case file which had already been presented to the court for review. In another civil case, the court held that the cross-examiner has the right to question the witness concerning the contents of the document which is assisting in his/her testimony. Lester v. S.J. Alexander, Jr., 127 Ga. App. 470 (1972). Given the somewhat unsettled nature of the law in this area as well as the tendency of many trial judges to require that documents used to refresh a witness' recollection be submitted for inspection by opposing counsel, DFCS case managers would be well advised to consult your supervisor and/or SAAG to see if the case file should be taken to court and if the juvenile court judge in your jurisdiction allows a DFCS case manager to bring their own handwritten notes to the stand without them being subject to review by an attorney representing the child's parents. Cross-examination is the process whereby the attorney for the child's parents, or possibly the guardian ad litem representing the child will have the opportunity to ask you questions. This is the part of the process which most case managers find the most stressful. It may seem to the case manager that the attorney is trying to undermine the credibility of your testimony in the eyes of the judge. What the attorney is doing is fulfilling his/her professional obligation to advocate for his or her client. The attorney's job is to make sure the state meets its burden of proving by clear and convincing evidence that the child is deprived. This process may come across as a personal attack on the DFCS case manager and it may appear that the attorney does not care about the welfare of the child. It may help all parties to keep in mind that every party to a case has a right to present his or her side and that every attorney present has an ethical
  • 191.
    Page191 of 306 obligationto vigorously represent his or her client. It is the judge's job to decide on which side the weight of the evidence falls. One way the opposing attorneys try to show that the state has not met its burden of proof is by attempting to reveal falsehoods, mistakes, incorrect procedures, etc. on your part during the investigation of these allegations. The attorney is likely to focus questions on your competency, whether the agency has offered and provided adequate or appropriate services to the family, whether you are hostile or biased towards the parents, and whether there are any discrepancies between your case file and your testimony on the stand as well as prior statements to the parents before the hearing. The attorney's job is to present the parent's case, which is usually attempting to convince the judge that the most appropriate placement is back at home with the parent(s). Their attorney will try and bring out all of the ways that the parent(s) have complied with the case plan and the reasons behind noncompliance. This might be accomplished by attempting to show that DFCS is partially or completely responsible for noncompliance (i.e. DFCS did not provide appropriate services or did not make these services available). The goal and responsibility of the parent's attorney is to cast his/her client's case in the best possible light and highlight any negatives about the state's position. A detailed and well prepared case file will help you to prepare for your testimony and minimize the opportunity for the attorney to ask questions that you may find difficult or uncomfortable to answer. During cross examination, the attorney is allowed to ask the witness what are called leading questions. These questions suggest an answer to the witness and often only allow the witness to answer yes or no without an opportunity for explanation. Do not be concerned about what you may perceive as unfair about this procedure. Answer the questions professionally and to the best of your abilities without appearing to become upset. DFCS case managers often complain that attorneys representing parents in deprivation cases beat up on them and the department in an attempt to minimize the appearance of a lack of proper parental care or control. You should remember not to take this process personally. The attorney is simply doing his/her job in representing the client and likely has no personal dislike for you or your department. In addition to the suggestions mentioned in the section on direct testimony, you will want to: 1. Remain calm. Try not to get offended at any of the questions posed to you and never argue with an attorney or with the judge. 2. Listen to the question carefully. Do not provide any information in your answer that was not asked for in the question but you should give as thorough an answer as you can in order to avoid your answer being misinterpreted by the judge. 3. Do not let yourself be rushed along by the attorney. This is a technique to try and throw you off balance by interrupting your answer with another question. Try to finish your answer to the first question before moving on. You may wish to ask the judge for permission to finish your answer if you feel you were cut off. 4. Do not answer a question you do not understand or to which you do not know the answer.
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    Page192 of 306 McGough,p. 130. If the SAAG feels that you did not have the opportunity to adequately explain your answers, the SAAG may request the opportunity to redirect or ask additional questions of you before you leave the stand. Table of Authority Cases Bendiburg v. Dempsey, 909 F.2d 463 (11th Cir. 1990) 5 Brown v. Fulton Co. Dept. of Family and Children Services, 136 Ga. App. 308 (1975) 6 Daniels v. State, 184 Ga. App. 689 (1987) 54 Dawley v. Butts Co. Dept. of Family and Children Services., 148 Ga. App. 815 (1979) 16 E.S. v. State, 134 Ga. App. 724 (1975) 20 Elrod v. Hall County Dept. of Family and Children Services, 136 Ga. App. 251 (1975) 6 Horne et al. v. The State, 192 Ga. App. 528 (1989) 21 In re C.M., 179 Ga. App. 508 (1986) 22 In re D.R.C., 191 Ga. App. 278 (1989) 19 In re G.K.J., 187 Ga. App. 443 (1988). 15 In re H.B. and K.B., 174 Ga. App. 435 (1985) 48 In re J.D.H., 188 Ga. App. 466 (1988) 53 In re J.R.T., a Child, 233 Ga. 204 (1974) 8 In re M.M.A., 166 Ga. App. 620 (1983) 21 In re R.L.M., 171 Ga. App. 940 (1984) 33 In re R.R.M.R., 169 Ga. App. 373 (1983) 33 In re S.G.T., 175 Ga. App. 475 (1985) 48 In re S.R.J., a child., 176 Ga. App. 685 (1985) 47 In the Interest of A.M.B. et al., children., 219 Ga. App. 133 (1995) 47 In the Interest of B.H., 190 Ga. App. 131 (1989) 6 In the Interest of B.J., 220 Ga. App. 144 (1996) 48 In the Interest of B.J.H., 197 Ga. App. 282 (1990) 46 In the Interest of G.L.H., et al., children., 209 Ga. App. 146 (1993) 47 In the Interest of GDS., et al., 185 Ga. App. 772 (1988) 58 In the Interest of J.M.G., a child., 214 Ga. App. 738 (1994). 47 In the Interest of J.N.T., a child., 212 Ga. App. 498 (1994) 33 In the Interest of K.B., 188 Ga. App. 199 (1988) 32
  • 193.
    Page193 of 306 Inthe Interest of M.A. et al., Children, 218 Ga. App. 433 (1995) 4 In the Interest of M.C.A.B., a child., 207 Ga. App. 325 (1993) 48 In the Interest of P.M., et al., children., 201 Ga. App. 100 (1991) 43 In the Interest of T.M.H., et al., children., 197 Ga. App. 416 (1990) 47 In the Interest of W.W.W., 213 Ga. App. 732 (1994) 4 In the Interests of B.R.S., a child., 198 Ga. App. 561 (1991) 46 Irvin v. Department of Human Resources, 159 Ga. App. 101 (1981) 12 Kelly v. Floor Bazaar, Inc., 153 Ga. App. 163,165 (1980) 54 Kilgore v. Department of Human Resources, 151 Ga. App. 19 (1979) 61 Lester v. S.J. Alexander, Jr., 127 Ga. App. 470 (1972). 62 Lewis v. Winzenreid, 263 Ga. 459 (1993) 6 Longshore v. State, 239 Ga. 437 (1977) 18 McBurrough v. Dept. of Human Resources, 150 Ga. App. 130 (1979) 14 Miller v. Rieser, 213 Ga. App. 683 (1994) 15 Moss v. Moss, 135 Ga. App. 401 (1975) 5 Page v. Shuff, 160 Ga. App. 866 (1982) 42 Petty v. Folson, 229 Ga. 477 (1972) 57 R.C.N. v. State of Georgia, 141 Ga. App. 490 (1977) 7 Ray v. Department of Human Resources, 155 Ga. App. 81 (1980) 21 Rodgers et al. v. Department of Human Resources, 157 Ga. App. 235 (1981) 33 Sanchez v. Walker Co. Dept. of Family and Children Services, 237 Ga. 406 (1976) 12, 13, 20 Shelton v. Long, 177 Ga.App. 534 (1986) 57 Skipper v. Smith, 239 Ga. 854 (1977) 32 Thrasher v. Glynn Co. Dept. of Family and Children Services, 162 Ga. App. 702 (1982) 8, 49 Uniroyal Goodrich Tire, Co. et al. v. Adams et al., 221 Ga. App. 705 (1996) 48, 49 Vermilyea v. Dept. of Human Resources, 155 Ga. App. 746 (1980) 7 Wilkins v. Georgia Department of Natural Resources, 255 Ga. 230 (1985) 53 Official Code of Georgia Annotated O.C.G.A. § 15-11-1(1) 5 O.C.G.A. § 15-11-103(a)(1) 53 O.C.G.A. § 15-11-103(a)(2) 53 O.C.G.A. § 15-11-103(d) 53 O.C.G.A. § 15-11-105. 44 O.C.G.A. § 15-11-11 25 O.C.G.A. § 15-11-11(a)(1-9) 25 O.C.G.A. § 15-11-12(a) 30 O.C.G.A. § 15-11-12(b) 24 O.C.G.A. § 15-11-13 31 O.C.G.A. § 15-11-2(10) 10 O.C.G.A. § 15-11-2(10.1)(A-E) 50 O.C.G.A. § 15-11-2(2)(C) 3 O.C.G.A. § 15-11-2(8) 5 O.C.G.A. § 15-11-2(8)(A-D) 5 O.C.G.A. § 15-11-28(a)(1)(C) 3 O.C.G.A. § 15-11-28(a)(2)(B) 4 O.C.G.A. § 15-11-28(a)(2)(C) 4 O.C.G.A. § 15-11-28(e) 4
  • 194.
    Page194 of 306 O.C.G.A.§ 15-11-29(a) 8 O.C.G.A. § 15-11-29(b) 9 O.C.G.A. § 15-11-37 18 O.C.G.A. § 15-11-38 18 O.C.G.A. § 15-11-38.1(1-4) 19 O.C.G.A. § 15-11-39(a) 17, 20 O.C.G.A. § 15-11-39(b) 22 O.C.G.A. § 15-11-39(c) 10 O.C.G.A. § 15-11-39.1 22 O.C.G.A. § 15-11-39.1(a) 22 O.C.G.A. § 15-11-39.1(b) 22 O.C.G.A. § 15-11-39.1(c) 22 O.C.G.A. § 15-11-39.2(a) 23 O.C.G.A. § 15-11-39.2(a)(2)(A) 23 O.C.G.A. § 15-11-39.2(a)(2)(B) 23 O.C.G.A. § 15-11-39.2(c) 23 O.C.G.A. § 15-11-41(a) 23 O.C.G.A. § 15-11-41(b) 24 O.C.G.A. § 15-11-45(a)(4) 9 O.C.G.A. § 15-11-46(1-4) 11 O.C.G.A. § 15-11-47(a)(2) 10 O.C.G.A. § 15-11-47(a)(3) 10 O.C.G.A. § 15-11-48(f) 11 O.C.G.A. § 15-11-49(a) 10, 11 O.C.G.A. § 15-11-49(b) 11, 17 O.C.G.A. § 15-11-49(c)(3) 11, 12 O.C.G.A. § 15-11-49(c)(4) 13, 14 O.C.G.A. § 15-11-49(d) 13, 17 O.C.G.A. § 15-11-49(e) 17 O.C.G.A. § 15-11-49.1 10 O.C.G.A. § 15-11-54(a) 24 O.C.G.A. § 15-11-54(c) 24 O.C.G.A. § 15-11-55(a) 31 O.C.G.A. § 15-11-55(a)(1)-(3) 31 O.C.G.A. § 15-11-55(a)(2) 32 O.C.G.A. § 15-11-56(b) 25 O.C.G.A. § 15-11-58 (a)(4). 39 O.C.G.A. § 15-11-58(a) 26, 27, 33 O.C.G.A. § 15-11-58(a)(1) 27 O.C.G.A. § 15-11-58(a)(2)(A-B) 26 O.C.G.A. § 15-11-58(a)(3) 26 O.C.G.A. § 15-11-58(a)(4) 27 O.C.G.A. § 15-11-58(b) 27, 37 O.C.G.A. § 15-11-58(c) 38 O.C.G.A. § 15-11-58(e) 38 O.C.G.A. § 15-11-58(f) 27, 39 O.C.G.A. § 15-11-58(g) 39 O.C.G.A. § 15-11-58(h) 39, 40 O.C.G.A. § 15-11-58(k) passim O.C.G.A. § 15-11-58(l) 38, 41 O.C.G.A. § 15-11-58(n)(1) 41, 42 O.C.G.A. § 15-11-58(n)(3) 42 O.C.G.A. § 15-11-58(o)(2) 42 O.C.G.A. § 15-11-58.1(a) 33, 37 O.C.G.A. § 15-11-6(a) 14
  • 195.
    Page195 of 306 O.C.G.A.§ 15-11-6(b) 13, 14, 53 O.C.G.A. § 15-11-65(d) 30 O.C.G.A. § 15-11-68 31 O.C.G.A. § 15-11-7(a) 24 O.C.G.A. § 15-11-78(b)(5) 23 O.C.G.A. § 15-11-78(c) 23 O.C.G.A. § 15-11-89 31 O.C.G.A. § 15-11-9 14 O.C.G.A. § 15-11-93 44 O.C.G.A. § 15-11-94(a) 44, 45 O.C.G.A. § 15-11-94(b) 39, 47 O.C.G.A. § 15-11-94(b)(1) 48 O.C.G.A. § 15-11-94(b)(1-4) 44 O.C.G.A. § 15-11-94(b)(2) 48 O.C.G.A. § 15-11-94(b)(4)(A)(i-iv) 45 O.C.G.A. § 15-11-94(b)(4)(B)(i-vi) 46 O.C.G.A. § 15-11-94(b)(4)(C)(i-iii). 46 O.C.G.A. § 15-11-95(b) 44 O.C.G.A. § 15-11-95(c) 49 O.C.G.A. § 15-11-95(d) 50 O.C.G.A. § 15-11-96(a) 49 O.C.G.A. § 15-11-96(b 50 O.C.G.A. § 15-11-96(c) 50 O.C.G.A. § 15-11-96(e) 49, 51, 52 O.C.G.A. § 15-11-96(e)(1-4) 49, 51 O.C.G.A. § 15-11-96(f)(1-3) 51 O.C.G.A. § 15-11-96(g) 51, 52 O.C.G.A. § 15-11-96(h) 52 O.C.G.A. § 15-11-96(i) 52 O.C.G.A. § 15-11-98(a) 53 O.C.G.A. § 19-7-5(b)(3)(A) 6 O.C.G.A. § 19-7-5(b)(3)(B-D) 6 O.C.G.A. § 19-8-24(a)(1) 7 O.C.G.A. § 19-8-24(a)(2) 7 O.C.G.A. § 24-3-1 57 O.C.G.A. § 24-3-14 57, 58 O.C.G.A. § 24-3-16 57 O.C.G.A. § 24-3-31 57 O.C.G.A. § 24-9-5(a) 55 O.C.G.A. § 24-9-5(b) 55 O.C.G.A. § 24-9-65 55 O.C.G.A. § 24-9-69 61 O.C.G.A. § 49-5-3(12) 32, 33 O.C.G.A. § 49-5-3(13) 32 O.C.G.A. § 49-5-40 21 O.C.G.A. § 49-5-40(b) 21 O.C.G.A. § 49-5-41 21 O.C.G.A. § 49-5-41(a)(2) 21 Uniform Rules of the Juvenile Court URJC, 11.3 17, 20 URJC, 11.8 53 URJC, 15.3 33 URJC, 24.1 40 URJC, 24.7 40 URJC, 4.2 17, 18
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    Page196 of 306 URJC,6.3 18 URJC, 6.6 19 URJC, 7.1 20 URJC, 7.2 21 Georgia Constitution Ga. Const. 1983, Art. VI, §IV, I 4 Attorney General Opinions 1976 Op. Atty Gen. No. 76-131 6 Op. Atty. Gen. 76-131 (1976) 14 Resource Books Child Protective Services: A Supervisor's Guide 57, 61 Ferreira, McGough's Ga. Juvenile Practice and Procedure (2nd ed.) passim Guide to the Administration of the Interstate Compact on the Placement of Children 35 Kipling Louise McVay, Deprivation and Termination. Children in Court: A Systems Approach,, (1989) 32 Lucy S. McGough, The Social Worker and the Legal Process in Georgia: A Handbook for Caseworkers, December 1981 55, 63 Paul S. Milich, Courtroom Handbook on Georgia Evidence 58 Paul S. Milich, Georgia Rules of Evidence 55, 56, 61 U.S. Code/Federal Regulations 42 U.S.C. § 5106(b)(6) 14 45 C.F.R. Ch. XIII 1340.14(g) (10-1-96 Edition) 14 45 C.F.R. Ch. XIII, § 1356.21(d)(4), (10-1-96 Edition) 27 45 C.F.R. Ch. XIII, §1357.15(e)(1) (10-1-95 Edition) 28 45 C.F.R. Ch. XIII, §1357.15(e)(2) (10-1-95 Edition) 28 Adoption and Safe Families Act of 1997 (Public Law 105-89) 26 Adoption Assistance and Child Welfare Act of 1980 (Public Law 96-272), 42 U.S.C. §670 et seq 25 Child Abuse Prevention and Treatment Act (CAPTA), P.L. 93-247 14 Title IV-E of the Social Security Act. 42 U.S.C. § 671(a)(15) and § 672 (a)(1) 27 Previous page: Representation and the Right to Counsel Next page: Community Education T he Barton C hild Law and P olicy C enter Emory U niversity School of Law, 1301 C lifton Road, A tlanta, GA 30322 v. 404/727.6664 | Email: info@BartonC enter.net | Web: http://BartonC enter.net T his site is powered by C M S M ade Simple
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 197 BACK CONTENTS FORWARD 2107 FAMILY PRESERVATION PROGRAMS Introduction Early Intervention/Preventive Services, Parent Aide Services, Prevention of Unnecessary Placement (PUP), and Homestead programs are Georgia Department of Human Resources initiatives to provide family services to families with children in need of service, at risk for foster care placement, or ready for reunification. It is critical that we establish partnerships with community-based resources so that together we can assist families in need of early intervention as well as those in need of more intensive services. These are purchased services through community based organizations, vendors and service providers. These programs are designed to help ensure a child’s protection, safety and best interest. These services can be utilized on a continuum or in tandem as part of a family’s safety and/or case plan to manage and reduce the risk factors contributing to child abuse and neglect. Providers of these services are mandated reporters and must report to the Department suspected cases of child abuse or neglect. EARLY INTERVENTION/PREVENTIVE SERVICES The goal of Early Intervention/Preventive Services is to provide voluntary family support services and information about community services to prevent problematic family issues from escalating to the point of required CPS intervention. Families believed to be in need of early intervention services are referred to community based resources by the county department. Early Intervention/Preventive Services are purchased services through a vendor. Early Intervention services are available for CPS referrals that are substantiated and closed with dispositions of low risk, referrals that are unsubstantiated and closed, referrals that are screened-out and open cases reassessed as low risk and subsequently closed. (See 2107.1) Early Intervention/Preventive Services are voluntary and are offered at no cost to the family. If a child is being seriously or deliberately maltreated or physical living conditions are hazardous, an out-of-home placement is required to assure safety. Early Intervention will not be used to keep children in unsafe environments or at risk of further maltreatment. A family with an open CPS case is not eligible to receive Early Intervention/Preventive Services but may be eligible for Parent Aide Services. Early Intervention/Preventive
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 198 Services engage paraprofessional staff to provide parenting education and support to families through group classes, in-home visitation and provide information about community services. These services are designed to strengthen vulnerable families and prevent child abuse and neglect. Early Intervention staff work with families to prevent problematic family issues from escalating to the point of requiring CPS intervention. Early Intervention/Preventive Services may give a family the help it needs before problems become serious enough for CPS. If a family requires more than “brief” or early intervention, the case may need to be opened and additional services provided. If a case is opened, Early Intervention services are closed. If the case is opened, the case manager assesses the situation and determines what services are needed. Additionally, Early Intervention services may be used for open CPS cases that have been reassessed as low risk and closed. For a detailed description of Early Intervention/Preventive Services, eligibility requirements, and procedure/practice guidelines, see 2107.1 through 2107.7. *Adult Protective Services cases are not eligible for Early Intervention/Preventive Services. PARENT AIDE The goal of the Parent Aide Program is to stabilize and help families in need of intervention by providing in-home and group parenting education and referring these families to community based resources. Parent Aide Services are a paraprofessional family support and prevention program available to any family with an open Social Services* case. The Parent Aide Program engages paraprofessional staff to provide parenting education, training and support to families through group classes and in-home visitation. Parent Aides work as a team member with casework staff, with the goal of ensuring the safety and protection of children by improving parenting competency. Objectives are to strengthen the parent-child bond, reduce social isolation, build trust, help parents identify their children’s needs and ways to respond to those needs, and appropriate discipline. Other responsibilities may include emergency respite care, food and nutrition education (i.e. meal planning, advice on grocery shopping, meal preparation, safe food handling and sanitation), information on homemaking and budgeting topics, and assistance in accessing community resources. The Parent Aide Program is a paraprofessional support program, as opposed to therapeutic intervention. Parent Aide services are most useful for cooperative parents who are experiencing stress and are open to learning new approaches to parenting. These services are not designed to address issues that require clinical intervention. Parents who have chronically neglected, seriously injured, sexually abused, abandoned a child or have a mental illness or disability often need more structured intervention than is available through parent aides.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 199 For a detailed description of Parent Aide services, eligibility requirements, and procedure/practice guidelines, see 2107.8 through 2107.14. *Adult Protective Services cases are not eligible. PREVENTION OF UNNECESSARY PLACEMENT (PUP) The goal of PUP services is to reduce risk factors contributing to child maltreatment to ensure the protection and safety of children. PUP services include: emergency housing/financial assistance, temporary child care services, counseling, emergency transportation needs, emergency medical/dental needs and psychiatric/psychological testing, funding for drug screens, and substance abuse assessments. A family must have an open Social Services case to receive PUP services. The PUP Program offers an array of support and intervention services. Through PUP, psychological or psychiatric assessments, substance abuse assessments, drug screens, and counseling may be obtained through vendors who have the necessary skills and training to address more serious problems. PUP may be used to help a family through a financial crisis with emergency rent, utilities or child care. The most ineffective use of PUP is to pay for rent or utilities without assessing how the family got into this difficulty. If the family's crisis is because of some unavoidable emergency, PUP can be helpful. If the family's difficulties are chronic and reflecting a lifestyle of crisis, PUP should not be used. For a detailed description of PUP services, eligibility requirements, and procedure/practice guidelines, see 2107.15 through 2107.25. *Adult Protective Services cases are not eligible. HOMESTEAD The goal of Homestead Services is to stabilize and help families in need of intensive therapeutic intervention to insure a safe and healthy environment for the family. Homestead Services provide short-term, intensive, crisis-oriented, in-home counseling program in order to stabilize the family and insure a safe and healthy environment for the children. This program attempts to meet the immediate /crisis-oriented needs of families while also beginning to address the root causes of family dysfunction with therapeutic intervention strategies. The Homestead program provides comprehensive assessment, family support, counseling and crisis intervention to manage the risk factors contributing to child abuse and neglect. A family must have an open Social Services* case to receive Homestead services.
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    Child Protective Services:Family Preservation Social Services Manual Child Protective Chapter 2100, Section VII September 2000 Page 200 Homestead is the most intensive of the Family Preservation programs. Homestead services are best matched to families in crisis and who require therapeutic or clinically oriented intervention. Homestead has been successful with a variety of families with significant problems. Several common factors with these families include a desire and motivation to change and the emotional and intellectual resources to benefit from counseling. Homestead Services can and should be used for cases that have been evaluated and found to be high-risk cases. Additionally, Homestead Services can be used for children at imminent risk of f placement and reunification when a child is being returned to his/her family. Homestead Services can be part of the reunification plan. For a detailed description of Homestead services, eligibility requirements, and procedure/practice guidelines, see 2107.26 through 2107.32. *Adult Protective Services cases are not eligible. Family Preservation Programs Early Intervention/Preventive Services can help families before they reach the point of needing CPS intervention. Once a case is opened for services, Parent Aide, PUP and Homestead Program can work together providing support, education and counseling to families to form a continuum of services. Each program offers distinct strengths and services. DFCS case managers assess which services are most appropriate for each family. The following is a general comparison of the programs and the families they best serve. Several tenets of family preservation services underlie the philosophy of the Early Intervention/Preventive Services, Parent Aide, PUP, and Homestead programs: 1.The goal of family preservation services is to ensure the protection and safety of a child at risk of maltreatment. 2.The Division of Family and Children Services should invest at least, as much time, energy and resources into preserving and strengthening a child's natural family as it would spend in providing out-of-home care for that child. No child in the State of Georgia should be placed into foster care for purely or chiefly temporary financial problems in the family. 3.Family preservation services help families help themselves by preserving and strengthening a child's own family and promoting a family's self-sufficiency, self-determination and independence. 4.Family Preservation Programs are key elements in Georgia's family preservation services and permanency planning required by Public Law 96-272, the Adoption Assistance and Child Welfare Act of 1980. 5.Family Preservation Programs are supported by P.L. 103-66, the Family
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    Child Protective Services:Family Preservation 1 Preservation and Support Services; Omnibus Budget Reconciliation Act of 1993. Several factors suggest that family preservation services may not be effective in certain cases. Out-of-home placement of children into foster care is necessary whenever a child’s safety cannot be ensured through controlling safety interventions, or when risk cannot be effectively managed in the home. A CHILD'S RIGHT TO PROTECTION AND SAFETY OUTWEIGHS A PARENT'S RIGHT TO THE CHILD AND IS ALWAYS THE PRIMARY CONSIDERATION IN CPS. Therefore, family preservation may not be an appropriate goal in the following situations:  chronic, cruel or life-threatening abuse - sexual abuse where the offender is likely to have access to the child, or where the non-offending parent is unwilling or unable to be protective of the child  families with a death of a sibling as a result of maltreatment - families with repeated foster care placements  parents that have abandoned the child - children that refuse to go home or parents that do not want their children home  parents with drug or alcohol addiction that is being denied or untreated - parents with repeated or serious criminal activity  parents denying the maltreatment or unwilling to participate in necessary services
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    Child Protective Services:Family Preservation 2 OFFICE OF THE CHILD ADVOCATE For the Protection of Children ANNUAL REPORT 2004-2005 D DeAlvah Hill Simms, Esq. I. Child Advocate Office of the Child Advocate 3330 Northside Drive Suite 100 Macon, Georgia 31210 (478) 757-2661 (800) 254-2064 www.gachildadvocate.org
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    Child Protective Services:Family Preservation 3 In accordance with my statutory responsibility as the Child Advocate for the Protection of Children, I respectfully submit this annual report reviewing the period from July 1, 2004 to June 30, 2005. This report covers a twelve month period unlike the previous annual report which covered an eighteen month period in order to align the submission of future reports with the State’s fiscal year. The reader should therefore note that direct comparisons of the numbers and statistics contained herein should not be made without accounting for the varying timeframes of the reports. HISTORY The Office of the Child Advocate for the Protection of Children was created through legislation passed during the 2000 session of the Georgia General Assembly with the purpose being to improve the state’s child protective services and to bring greater accountability to the Division of Family and Children Services (“DFCS”). With the creation of the Office of the Child Advocate ("OCA") in 2000, Georgia became the twelfth state to open an independent ombudsman office designed to protect the rights of children in state care and to monitor the agencies charged with protecting
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    Child Protective Services:Family Preservation 4 those children. Many states have followed suit and the number of child welfare ombudsmen has more than doubled since 2000. The OCA is given independent oversight of DFCS and others responsible for providing services to or caring for children who are victims of child abuse or neglect, or whose domestic situation requires intervention by the state. The specific rights, powers, and duties of the Child Advocate are set forth in O.C.G.A §15-11-170 through §15-11-177 and a complete version has been included in this report as Appendix A. The Child Advocate serves for a term of three years and acts independently of any state official, department, or agency in performing the duties of office. The OCA has ten state-funded positions: the Child Advocate, the Administrative Assistant to the Child Advocate, the Director of Policy and Evaluation, the Chief Investigator, five Investigators and an Intake Technician. The Victim Advocate Program Manager is funded through the Criminal Justice Coordinating Council’s ("CJCC") Victims of Crime Act Grant Program. A detailed list of the OCA staff is contained in Appendix B. The Child Advocate and OCA staff meet quarterly with the Child Advocate Advisory Committee to review and assess patterns oftreatment and service for children, policy implications, and necessary systemic improvements based on information from the work and findings of the OCA staff. The members of the Child Advocate Advisory Committee are listed in Appendix C. MISSION The mission of the Office of the Child Advocate is to oversee the protection and care of children in Georgia and to advocate for their well-being. In furtherance of this mission, OCA seeks to promote the enhancement of the State’s existing protective services system to ensure that our children are secure and free from abuse and neglect. We do so through the operation of three programs:
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    Child Protective Services:Family Preservation 5 1. Investigations - OCA staff investigate complaints and referrals from every geographical area of the state. Recommendations for improvement are rendered based upon OCA's investigative findings. As problem areas are identified in the course ofOCA investigations, OCA conducts on-site DFCS audits to provide a more thorough assessment of local county DFCS operations. 2. Advocacy - OCA seeks changes in laws affecting children and promotes positive revisions in the child protection system's policies and procedures. OCA also provides individual advocacy services to child abuse victims and families so that they receive appropriate services to reduce their trauma when prosecution of the offender is warranted. 3. Education - OCA promotes better training of all professionals involved in child deprivation cases and those warranting criminal prosecution through opportunities for professional developmentas well as facilitation of more public awareness aboutthe issues surrounding the child protective services system. A detailed discussion of our activities and recommendations within each of these three programs is contained herein. INTRODUCTION Fiscal Year 2005 brought tremendous change to Georgia’s child protection system. It ushered in the appointment of DHR Commissioner B.J. Walker, and more recently, the appointmentof Mary Dean Harvey as the Director of the Division of Family and Children Services. With these appointments and new leadership came a greatdeal ofenergy and enthusiasm to build a truly reformed system and the beliefamong many that change was indeed possible after a period of years in which the agency was mired in turmoil, plummeting morale, and a mass exodus of caseworkers. In her questto overhaul DFCS, Commissioner Walker instituted a new process now known as “G-9,” which serves as an experimental laboratory in which hypotheses and new ideas are tested among the nine most populous counties. New approaches that are implemented and are successful in effecting change within these nine territories may be deployed to the rest of the state. Commissioner Walker is to be commended for bringing fresh and innovative strategies such as this to Georgia. Indeed, DFCS staff report that this process accomplishes even more: it fosters a sense of urgency to effect change; holds county leaders accountable; and begins to change a
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    Child Protective Services:Family Preservation 6 culture and value system that held that the agency’s first job was to stay out of the media spotlight and that some degree of failure was to be expected in the difficult business of protecting children and families. Another notable success of which DHR/DFCS should be proud is its training academies. These periodic training seminars for county DFCS staff bring focused attention to specific areas of concern within the agency, such as relative placements and the independent living program for older foster youth. These academies representadditional evidence ofthe agency’s leadership and commitment to addressing areas the agency itself has identified as problematic. Moreover, they bring together DFCS staff on a regular basis and foster better relationships between the state and county offices, a relationship formerly characterized by fear and mistrust. One early testin Commissioner Walker’s tenure occurred upon the tragic drowning deaths of two toddlers in Warren County in April 2005. The family, of course, had extensive prior involvement with DFCS before the children died. In a different time in Georgia’s history, the county, caseworker, and supervisor might have been left to fend for themselves and face the intense media scrutiny that followed alone. The caseworker almost certainly would have been fired, further exacerbating hostile relations between the state and county offices and resulting in yet another exodus of workers determined not to face a similar fate nor have their name in the local newspaper. Surprising many, Commissioner Walker did just the opposite. She faced the media herself and stood by the worker and Warren County, responsibly pointing out that in this case, even though the staff involved had done everything right, something can and did go horribly wrong within the family. A clear message of support thus rang out statewide among frontline DFCS staff that Commissioner Walker was for real and she would notabandon her staff in time of crisis simply because it is the most expedient thing to do. Another milestone in the relatively brief tenure of Commissioner Walker includes settlement of the Kenny A. lawsuit against the state. While settled after the reporting period, OCA supports the Consent Decree settling the legal issues pending against the state concerning its treatment of children in foster care in Fulton and DeKalb Counties. DHR is to be commended for the strength of the agreement and its commitment to achieving the thirty-one outcome measures specified in the settlement. OCA agrees that in whole, the agreement represents the promise of a foster care system in Fulton and DeKalb Counties of which Georgia can be proud. Indeed, as the post-settlementmonitoring period begins, Fulton and DeKalb Counties are
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    Child Protective Services:Family Preservation 7 expected to make significant changes and progress in their respective foster care systems and their treatment of children. Tremendous amounts of staff time and attention at the state, regional, and local levels are expected to be focused on these counties. While necessary and appropriate, these investments must not come at the expense of the rest of Georgia. As individual OCA case investigations and audits undeniably demonstrated, much remains to be done in our exurban and rural counties where OCA discovered frighteningly high caseloads and poor handling of children’s cases, particularly in the growing number of counties experiencing surges in methamphetamine abuse. The Honorable Peggy H. Walker, Juvenile Court Judge of Douglas County, has been instrumental in strengthening Georgia’s response to the METH crisis and currently serves as the chair of the Georgia Alliance for Drug Endangered Children. Yearly almost 52,000 children in our State are maltreated. As Judge Walker has stated so many times our young children who live in households where methamphetamines are made or used are particularly vulnerable to abuse and neglect. METH use, trafficking and production have swept through our State over the past two years with terrible consequences for children. Substance abuse treatment works, even for METH users. Children are resilient. It is our duty to see that our parents and children receive the services they need to be able to return home, live as a family and function as productive members of our State. Treatment programs that allow mothers to live with their children work. There is a real shortage of treatment programs for women. OCA applauds DHR’s recent efforts in identifying target areas to direct funds aimed at substance abuse treatment and is particularly pleased with the Governor’s recommendation of funding for treatment services for 200 methamphetamine-addicted adults with children. INVESTIGATIONS Since the opening of the office in January of 2001, the OCA investigators have completed 2,451 investigations, consistently finding concerns in approximately 25% - 30% of those cases. The Child Advocate and OCA staff again this year recognize and acknowledge the good work in the many cases we review finding no concerns. The frontline workers have a tremendously difficult job, and again in this reporting period, we saw caseload sizes that are not compatible with the requirements of that job. Given the caseload numbers, it is quite notable that no concerns were found in over 70% of cases reviewed by OCA. We extend our gratitude to those DFCS workers
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    Child Protective Services:Family Preservation 8 who maintain a good work ethic and continue in their commitment to protect the children of Georgia. During this reporting period, the Office of the Child Advocate again received a large number of calls requesting services from our investigative division. OCA investigative staff responses range from provision ofinformation, consultation and advice, referrals to other agencies to full complaintinvestigation and response. In previous years all of these calls would have been reflected identically in the data as cases open for investigation. After critical assessment, OCA has divided these responses and activities into three separate categories for statistical review: full investigations; investigative monitoring; and assistance and referral. Two hundred seventy cases were opened for full investigation by OCA in this reporting period while an additional 254 cases were received from the Governor’s Office of Constituent Services (“GOCS”) for investigative monitoring and oversightby OCA. The cases received from the GOCS are referred jointly to the Office of the Child Advocate and to constituent services within the Department of Human Resources. Historically, OCA has monitored DHR’s handling of such complaints to ensure the appropriateness of the response to the complaining constituent. This gives DHR the opportunity to resolve such complaints without the necessity of OCA opening a full investigation. OCA only opens for further investigation those cases where DHR’s response does not address the issues in the constituent’s complaint or where OCA identifies practice or policy concerns needing additional review or advocacy. OCA opened 24 of these cases for full investigation after receiving a final response from DHR. This represented approximately 9% of cases referred jointly from the Governor’s office to OCA and DHR. In addition to full investigations and monitoring as described above, this year OCA also captured an additional area categorized more appropriately as assistance and referral cases. OCA had not previously tracked such cases and noted 39 assistance and referral cases during the period of this report. The data set forth in this annual report reflects the changes noted above.
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    Child Protective Services:Family Preservation 9 Investigative Statistics The 270 cases opened for investigation were from 87 different Georgia counties and the following table shows the number of cases accepted for investigation per county, grouped by DFCS classification code.1 1 Classification codes are based on county population and size Total number of cases for this reporting period is 563 OCA Investigators Governor Assistance 39 254 270 7% 45% 48%
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    Class County #Cases 6Fulton 20 5 Bibb 12 5 Chatham 2 5 Clarke 1 5 Clayton 3 5 Cobb 9 5 DeKalb 9 5 Dougherty 2 5 Floyd 3 5 Gw innett 13 5 Low ndes 2 5 Muscogee 6 5 Richmond 3 4 Baldw in 3 4 Bartow 2 4 Carroll 3 4 Cherokee 5 4 Colquitt 1 4 Cow eta 8 4 Douglas 4 4 Glynn 1 4 Hall 3 4 Henry 16 4 Houston 6 4 Laurens 1 4 New ton 1 4 Rockdale 2 4 Spalding 15 4 Sumter 2 4 Thomas 2 Class County #Cases 4 Tift 2 4 Troup 2 4 Ware 2 4 Whitfield 2 3 Barrow 2 3 Catoosa 2 3 Coffee 1 3 Columbia 1 3 Decatur 1 3 Emanuel 1 3 Fayette 3 3 Forsyth 7 3 Grady 2 3 Greene 1 3 Habersham 1 3 Jackson 1 3 Meriw ether 2 3 Mitchell 1 3 Murray 4 3 Paulding 5 3 Peach 3 3 Polk 5 3 Stephens 1 3 Tattnall 1 3 Toombs 2 3 Upson 2 3 Walker 3 3 Washington 1 3 Wayne 1 3 Worth 1 Class County #Cases 2 Brantley 2 2 Butts 2 2 Candler 1 2 Chattooga 1 2 Cook 2 2 Dodge 1 2 Fannin 1 2 Gilmer 2 2 Haralson 4 2 Harris 2 2 Heard 1 2 Jasper 2 2 Jones 3 2 Lamar 3 2 Lumpkin 1 2 Oconee 1 2 Pike 1 2 Putnam 1 2 Rabun 3 2 Randolph 1 2 Screven 1 2 Telfair 1 2 Tw iggs 2 2 Union 2 2 White 4 2 Wilkes 1 1 Warren 1 Total 270 During the term covered by this report, OCA closed 367 cases evidencing a concern rate of 29%. The table on the following page shows the number of cases closed per county, cases closed with concerns per county and the percentage of cases closed with concerns. County # of Cases Close d Closed with Concern s % County # of Cases Close d Closed with Concern s % County # of Cases Close d Closed with Concern s % Baldw in 3 3 10 0 Emanuel 1 1 10 0 Monroe 2 Banks 1 1 10 0 Elbert 1 Murray 2 Barrow 4 2 50 Fannin 2 Muscoge e 5 2 40 Bartow 3 Fayette 4 1 25 New ton 3 Berrien 2 Floyd 2 Oconee 1 1 10 0 Bibb 19 2 11 Forsyth 6 2 33 Paulding 7 3 43 Bleckley 1 Franklin 1 Peach 5 3 60 Brantley 2 2 10 0 Fulton 33 12 36 Pickens 1 Bryan 1 Gilmer 2 1 50 Pike 4 2 50 Burke 1 Glynn 1 Polk 11 4 36 Butts 6 Gordon 3 Pulaski 1 Camden 3 Grady 2 1 50 Putnam 2 Candler 1 Greene 2 1 50 Rabun 4 2 50 Carroll 2 Gw innett 14 4 29 Randolp h 1 Catoosa 3 Habersha m 3 2 67 Richmon d 8 4 50 Chatham 5 1 20 Hall 3 1 33 Rockdal e 5 2 40
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    Parent Attorney TrialNotebook 173 Identified Practice Concerns This section is organized consistent with how a child protective services case flows through the DFCS system. It begins with a discussion ofsystemic concerns identified throughout DFCS practice. What follows is a more detailed narrative of specific concerns within the three specialized practice areas: Child Protective Services Investigations (“CPS”); Ongoing Child Protective Services Cases (“Ongoing”); and Foster Care. CPS entails the investigative phase that follows a report of alleged abuse or neglect. Once the investigation is complete, a determination is made whether to substantiate or unsubstantiate the allegation. Ongoing CPS involves active supervision and work with a family after the case has been substantiated but a determination was made that the children could safely remain in the home. Foster Care involves substantiated cases ofchild abuse and neglectdeemed sufficiently serious to necessitate removal of the children from the home. While the child is in foster care, DFCS works with and provides services to the family so that when possible the children may return home. OCA investigators identified many of the same or similar concerns in DFCS practices in this reporting period as compared to previous years. Of note, however, is that DFCS is currently addressing many ofthese issues and we have highlighted improvements and positive changes in the discussion below. The systemic concerns identified below are derived from OCA investigations and reflectobserved practices as detailed in individual case closure summaries. Until now, OCA has been limited in its technical ability to compile this data in a manner that lends itself to aggregate analysis in a more detailed manner. In this Chattahooch ee 1 1 10 0 Haralson 1 Spalding 15 3 20 Chattooga 3 2 66 Harris 1 Stephen s 4 2 50 Cherokee 8 4 50 Hart 2 Tattnall 1 Clayton 5 2 40 Henry 13 2 15 Telfair 1 1 10 0 Cobb 11 Houston 9 2 22 Tift 2 Coffee 1 1 10 0 Irw in 1 Troup 2 Colquitt 2 Jackson 2 2 10 0 Union 5 3 60 Cow eta 5 2 40 Jasper 2 Upson 1 1 10 0 Craw ford 3 Jenkins 1 Walker 1 Crisp 1 Jones 3 Ware 1 Daw son 1 Lamar 3 2 67 Warren 1 DeKalb 17 6 35 Laurens 3 1 33 Wayne 1 Dodge 4 Low ndes 4 1 25 White 3 Dougherty 3 1 33 Lumpkin 2 Whitfield 2 1 50 Douglas 7 3 43 Meriw eth er 2 1 50 Wilkes 1 1 10 0 Effingham 2 Mitchell 2 Worth 2 1 50 Totals 367 106 29
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    Parent Attorney TrialNotebook 173 regard, OCA expresses great appreciation to Governor Perdue and the General Assembly for the appropriation offunds to purchase an electronic file storage and managementsystem that will, in the future, enable OCA to presentthe type ofinformation that follows with a greater degree ofprecision in the analysis of practice, trends, and results. Systemic Concerns High Caseloads: Case management issues again topped the listofconcerns noted by OCA during this period. While much focus has been puton lowering DFCS caseloads, OCA investigators continued to note a strong correlation between high caseloads and poor practices in protecting children. Many of Georgia’s counties continue to operate in crisis mode, but at this time it is the rural areas impacted by the methamphetamine crisis who suffer the largestcaseloads as opposed to the metro counties in years past. These rural county caseworkers who deal directly with children and families still suffer from high caseloads and high staff turnover and the vacancy rate continues to be a challenge. The need to lower caseloads in these counties is paramount. The rural counties facing the meth crisis cannot be forgotten just because their caseloads have a minimal effect on the statewide caseload averages. Child abuse and neglect, during the early years, have permanent, devastating effects when children do not receive the services necessary to remedy the trauma. There is a direct link between workloads and the resulting safety of children because of the vital importance of the relationship among the child, the child's family and the caseworker. In over 50% of cases where OCA found practice and policy problems, the caseload of the primary worker was above 20 with some caseloads rising above 60. In one instance involving a child fatality, the assigned CPS investigator was carrying a caseload of 54 families with 103 children. While OCA does not attribute the child’s death in any way to the worker or her caseload, management cannot allow caseloads as dangerously high as this under any circumstances. Otherwise, they place their frontline workers and the children they are attempting to serve in a position of guaranteed failure. Supervision: Lack ofproper supervision was again among the highestconcerns noted by OCA this period. OCA will remain focused on this issue in all of our reviews because of the very severe outcomes that can result, and too often do result, from a lack ofproper supervision to insure the protection ofchildren. Inexperienced frontline workers coupled with inadequate supervision resultin bad outcomes for the families and children that are so dependent on an effective protective services system (Clarke County DFCS has intentionally coded all of Jayden’s allegations as “improper supervision”. *Must document the trail
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    Parent Attorney TrialNotebook 173 with dates to provide to OCA). One tragic example occurred in Metropolitan Atlanta in which a child was sexually abused by her mother’s boyfriend, who was also suspected of perpetrating domestic violence. Despite these circumstances that were well documented in the case record, the child was left in the home under a safety plan authorized by the supervisor. Not long after, the child was discovered to be pregnant by the mother’s boyfriend. True supervision must be evidenced by more than a signature on a form. Far too often we found cases closed withoutan investigative summary or conclusion and without any indication of a supervisor’s review. The need for experienced and direct supervision is great due to the continuing high turnover within the department. Documentation: In many of OCA’s investigations we found a lack of good documentation resulting in questions about what has or has not happened in a case. Without proper documentation no one reviewing a case file can understand what has happened. Many times upon follow up with the county DFCS office, OCA investigators were given information on the status of the case which was missing or incomplete in the file. Key elements of casework left unaddressed in documentation are inexcusable. Investigators found a lack of clear documentation about contacts and visits with children and parents, court appearances and decisions and collateral contacts. In one instance, an OCA investigator made a field visit to review a DFCS case file and the agency could not locate the file. This occurred despite twenty-four hours’ notice that our investigator was making the visit and who waited two additional hours while the agency attempted to locate the record. In this same case involving multiple referrals of physical abuse, an OCA investigator made a return visit several months later and the agency still could not provide documentation concerning the latter referral, although it was listed as a closed case in the agency’s data system. This persistent problem within the agency must be addressed so anyone reading the files can get a clear understanding of the history and work with the family. Communication: OCA remains troubled by the continuing issue of agency communication both within DFCS offices and between county offices, as well as a reputation in some communities for being unresponsive to telephone calls or being unable to leave messages because voice mailboxes are full. In one suburban community, the child’s Guardian Ad Litem left several messages for the child’s case manager that went unreturned. Without having critical information in the case, the child’s courthearing was needlessly delayed. Failure to communicate and work together creates bad outcomes for all involved. We have seen far too many cases where the communication and sharing of information from county to county is non-existent or actually combative. In another case, one North
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    Parent Attorney TrialNotebook 173 Georgia county could not get a neighboring county to accept custody of children even though none of the parties lived in the referring county. It took an agreement between two juvenile court judges to resolve the matter as a “favor” for the receiving county to accept the case. A continuing issue remains with county DFCS offices not cooperating with each other on conducting home evaluations, especially in helping to explore possible placementof a child with a relative. DFCS in every county should place this as a priority. It is good for children to be with family! We are sad to report that the policy to which we referred in last year’s report has yet to be implemented and we still see children placed with strangers rather than across county lines with family. This problem must be addressed now. CPS Investigations Response Times: OCA identified far too many cases again this year where the incorrect response time in which to initiate an investigation was assigned by DFCS. In one tragic case, a five-day response time was incorrectly assigned to a case involving possible physical abuse of a four-year-old child. Less than one month later, the child was dead. It is important to note that DFCS bears no responsibility for the actions of this child’s caretakers that may have led to his death. The agency also lacked critical information possessed by medical providers and necessary to make a proper assessment of his safety. However, an error such as this in assigning an incorrect response time dramatically demonstrates why it is so important to get it right when hours count. This is a critical error and needs attention. A timely response is a must if DFCS is to make appropriate case determinations. Too often, if response times are not met, valuable evidence is lost thereby resulting in bad case outcomes. Coupled with the problem of assigning the incorrect response time, OCA too often found that response times as assigned are notmet.2 Failure to meetthe assigned response time clearly had a direct correlation to the caseload ofthe workers. For example, in February 2004, two children died in a house fire after their parents left them unattended at home. The family was the subjectofat leastfive CPS referrals in two counties. In the most two recentreports preceding the children’s deaths, response times were notmet, nor were collateral contacts made as required by policy. At the time of the children’s deaths, the assigned 2 OCA investigators did differentiate between cases where multiple attempts were made by caseworkers in meeting the response time assigned and cases where no attempts were made by the DFCS investigators.
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    Parent Attorney TrialNotebook 173 worker had eighty-six (86) cases assigned to her for investigation while forty-six (46) of these were more than 30-days pastdue. It is completely unjustifiable to fail to make contact and ensure the safety of children who are the subjects of abuse reports. OCA is very pleased to report that a strong focus on reducing caseloads seems to be working in many counties. However, as noted above, a shift in focus to the counties affected so strongly by the METH crisis will be necessary to reduce the caseloads in those counties as well. Investigative Contacts: The safety and wellbeing of the children who are the subject of child maltreatment reports to DFCS must be paramount. The bestway to ensure the safety of children is to see them and have substantive contacts with them. There is no better way to learn about their family. For example, in one Atlanta-area case, the mother had extensive history with the Department and provided current contact information for a number of family members familiar with her situation. Nevertheless, only one contact was made and once made, there was no further follow-up to appropriately investigate all circumstances alleged to be in issue. The investigation ofchild maltreatment of any kind must be thorough and complete and the OCA determined in many cases that the necessary investigative contacts were not made. In others, the documentation in the file to supportthe case finding was inadequate. Too many times the necessary contacts with children at risk were not made in a manner consistent with ensuring the child’s safety. In a Southwest Georgia case, a child victim of physical abuse was not interviewed within the appropriate response time apparently because he was not physically present in that county. However, at no time during the initial assessment did the investigator request a courtesy visit and interview of the child by the county DFCS where the child was located. Such a visit might have prevented the child’s entry into foster care because he was staying with a caring relative at the time the referral was received. Timely Completion of Investigations: DFCS must prioritize the timely completion of all investigations. With the reduction of caseloads, the failure to complete investigations within the allotted time should become less prevalent, but during this review period, DFCS continued to have investigations which extended beyond the thirty days allowed and no waiver for such was in the file. For example, in one North Georgia case involving allegations ofneglectand sexual abuse, the investigation spanned more than 3 months before it was ultimately completed and approved by a supervisor. In another case from the Atlanta area, a referral of possible physical abuse was received and an investigation began. However, the case record demonstrates that the investigation abruptly stopped after only a few weeks and was not resumed until over five months later. Taking too long to complete an investigation is difficult for everyone involved. Stress within the family under investigation also has the potential to increase because of the
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    Parent Attorney TrialNotebook 173 scrutiny from the agency. Time frames are very important and great effort should be extended to completing an investigation in a timely manner. OCA is pleased to report that DFCS has put forth a concerted effortto reduce the number of case extending beyond the allowable investigative period and the numbers now reflect a significant drop in case investigations lasting more than sixty days. Safety Assessments/Plans: Assessing safety of a child within the family and the resulting developmentofSafety Plans continued to be an issue of great concern in too many cases investigated by OCA. Not only were OCA investigators concerned with the number of serious safety issues missed during the assessment, but they were also troubled by the number of identified safety issues that went unaddressed in the developmentofa safety plan. Some cases simply had no assessmentor safety plan in the file. OCA saw little to no change in this area from the concerns raised in previous reports. In one East Georgia community, DFCS received multiple referrals of a parent’s long-term drug abuse. Once substantiated, no safety assessmentwas ever completed in a case whose facts strongly suggested that a small child was potentially at significant risk of harm. Again we must stress that this issue is at the very core ofthe responsibilities assigned to case managers. A case manager must be able to ascertain safety issues when conducting an investigation and must be able to develop an appropriate safety plan which addresses each and every safety concern identified and which will likely result in safety for the child. Much work remains to be done in training the DFCS workforce in this responsibility. Supervisors should always have an active role in the approval of each plan and the state needs to give serious consideration to immediate and intensive training on ensuring and promoting safety within the family. Ongoing Contacts with children and families: In ongoing cases, children remain in their homes with caregivers after a substantiated allegation of abuse or neglect. They do so while their parents work to achieve the goals and objectives of the safety plan. In order to ensure the safety of children in these homes, it is absolutely mandatory that our case workers regularly visit them. These must be substantive and related to the issues for which the case is opened. In many cases, OCA noted months with no visits or contacts with the family at all. For example, in one suburban Atlanta county, no contacts were made for several months during the life of an ongoing case despite its rating as “high risk” to the child because of the caretakers’ history of drug abuse. There is simply no other way to adequately assure child safety than to
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    Parent Attorney TrialNotebook 173 routinely and frequently observe the child and family. Collateral Contacts: Collateral contacts with persons having knowledge of children and families are necessary in order to obtain a complete and objective assessment of child safety. These contacts are not always made on a consistent basis and can result in children unnecessarily entering foster care. For example, in one Middle Georgia case, a child was brought into care upon a worker’s indication that the mother was not following her safety plan which required an assessmentand treatment for the child’s sexual abuse. Contacts made by OCA with the treating medical provider confirmed that the mother had indeed followed all recommendations of the provider and safety plan. OCA furnished this information to the Court at the seventy-two hour hearing and the child was returned to his mother that day. Foster Care Visits: Visitation is an important tool in assessing the parents’ commitment to achieving the case plan goals and reestablishing a positive relationship with children exposed to abuse and neglect. In addition, regular face-to-face contact with children and their foster parents is critical to ensuring that the children’s needs are metand in promoting positive relationships between DFCS and its foster parents. Far too often, these visits did notoccur, often presumably due to caseload limitations, butwhich is no excuse to children whose lives remain characterized by uncertainty until their cases are resolved. Court Orders: Maintaining copies of current court orders in the DFCS files seems to be a continuing problem. Many case records were found to have expired court orders or no court orders at all. While it is understandable that there could be some delay in receiving these orders from the court, there should always be detailed documentation in the DFCS file as to what happened at the court hearing. Far too often this is not happening, leaving gaps in the case documentation and history of the case. Case Plans: Timely case plan development and participation by families in the process was once again an area of concern albeitin fewer cases than the last reportperiod. For example, in one Atlanta-area case, several children were removed from their mother’s care due to allegations of neglect. However, the mother did not even receive a case plan from DFCS for more than two months after the children entered foster care. It is unacceptable that any parent of a child in foster care would be denied the only roadmap to being reunified with them. While the Case Plan Reporting System is being used by more caseworkers than in years past but OCA staff still found many case plans to be inconsistent with the findings of the
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    Parent Attorney TrialNotebook 173 investigation and the issues leading to the removal of the children from the home. Without a case plan which adequately addresses the parenting issues,many ofthe parents are left without a true understanding of the expectations they must meet in order to have their children returned home. Sibling Placements: OCA also found that DFCS failed to place siblings together in a substantial number of cases and failed to document any concerted efforts to place them together. To make matters worse, the case managers often failed to ensure that sibling visits occurred on a regular basis. This is unacceptable and should be a priority of the case manager when siblings cannot be placed in the same home. Their siblings may very well be the only biological tie some ofthese children maintain. The practice of separating siblings should not be common place and should be avoided at all cost. Appropriate and Stable Placements: Georgia remains in critical need ofmore family foster homes. Despite the passage of the Foster Parents’ Bill of Rights, relationships between foster parents and DFCS are too often not maintained at a partnership level. We continued to see cases where children were in basic level foster care when it was clear that a higher level of care was warranted to meet the needs of the child. OCA saw too many children suffer through multiple placements because no one took responsibility to assure that the placement was appropriate and addressed the needs identified through the assessment process. Most often this failure was in the area of mental health needs going unaddressed. Again, OCA investigators were disturbed when case managers actually acknowledged not reviewing the recommendations in the assessment documentation. If the professional services for which the state pays are not going to be used then itis a complete and utter waste of the state and taxpayer’s money. How can DFCS meet the needs of children and families if they never take the time to learn what they are? In one Northeast Georgia case, a 3 year-old-child had been placed in a group home for medically fragile children for mostof his young life, at great expense to the State and taxpayers. However, OCA’s investigation into this child’s circumstances and interviews with his medical providers clearly indicated that he was sufficiently medically stable to be placed in a more family-like setting and in fact would make greater strides in a home with a real family. In this case, no one from DFCS had ever contacted the physician coordinating the child’s treatment for progress reports. They relied solely on information provided by the group home. OCA is proud to report that this little boy has since been adopted and is now thriving with his permanent family. Moreover, while the overwhelming majority offoster parents do an exemplary job in providing love and care to our state’s neediest children with little reward, circumstances do arise in which the quality of foster homes is called into question. In such cases, it is incumbent upon the Department to respond in a manner that ensures we do not cause further harm to already victimized children. In one West Georgia
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    Parent Attorney TrialNotebook 173 case, DFCS received allegations ofphysical discipline in a foster home involving a three-year-old child. For nearly one year and to no avail, OCA attempted to ensure that these allegations were appropriately investigated and resolved. This case demonstrates the need to have independentreview ofsuch situations rather than leaving responsibility with the agency already facing a shortage of homes and reluctant to lose even one of them. Services: OCA is pleased to acknowledge a concerted effort on the part of DHR’s Division of Mental Health, Developmental Disabilities, and Addictive Diseases (“MHDDAD”) to begin to address much needed improvements. Children in need ofservices from MHDDAD have often not received them. These include DFCS foster children and families. Services have been fragmented, inconsistent, difficult to access, and in some instances, non-existent. In the course of one OCA investigation in a North Atlanta county, the Department readily acknowledged that it had failed to provide services to a mentally disabled boy because his case was not an immediate crisis demanding prompt attention. MHDDAD has taken a number of steps aimed at improving children’s access to mental health services. These steps include:  17% of new developmental disability waivers were set aside for children;  Core services have been defined that are available across the state, to include assessment, medication services, case management, and outpatient treatment; and  The first child and adolescent crisis stabilization program in the state was developed and opened in Savannah. Developmentofa comprehensive,coordinated behavioral health system ofcare for children is one of the higheststated priorities for MHDDAD. Georgia is one ofseven states that received a federal grant to build capacity to deliver mental health services to children and youth. Through the leadership of Gwendolyn Skinner, MHDDAD has committed to expanding capacity for crisis stabilization, and will have both mobile and residential units available; to increase the provision of intensive family intervention services to enable children to remain in their homes and communities; to continue to set aside developmental disability waivers specifically for children; and to increase the number of providers across the state to better meet the varied treatment needs of children and their families. Permanency: Children need safe and permanent homes as quickly as possible so that they do not languish in an already overloaded foster care system that does not adequately meet their needs. In one rural Georgia case, a child’s relatives in Florida were more than happy to accept him into their home and were approved for placement. Due to numerous bureaucratic errors here in Georgia, both at the State and local levels, the child spent an additional and unnecessary 6 months in foster
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    Parent Attorney TrialNotebook 173 care after the relative’s home was approved. This is a tragic circumstance that should never have happened. In an urban area case, a small child spent more than two years in foster care because the agency admittedly failed to make appropriate efforts to secure permanency for her, particularly given the mother’s lengthy history of substance abuse and severe neglect. The child entered care, was subsequently returned to her mother, and later re-entered care due to the same issues as before. Over an extended time, the child moved from foster home to foster home while her case remained mired in the system without appropriate regard for her critical need for stability. The negative consequences to children who spend too much time in foster care are far reaching. Research demonstrates that children who grow up in foster care are less likely to graduate from high school and are at significantly greater risk of juvenile delinquency, adult criminality, homelessness, and public dependency as adults. We owe our children an opportunity for a far brighter future. Priority must be given to ensuring compliance with existing federal and state mandates to achieve more timely permanency for our children. State DFCS Death and Serious Injury Review Committee OCA welcomed the invitation to participate in the State DFCS Death and Serious Injury Review Committee again this year. This committee is an internal review team formed by the Social Services Section Director and is comprised ofDFCS Social Services staff as well as staff from other invited agencies such as the DHR Communications Office, the Office of the Child Advocate and the State Office of Child Fatality Review. The team meets regularly to conduct first level reviews of all child deaths or serious injuries occurring to children who are known to DFCS. The state office review process consists of up to three reviews. The first level review considers information furnished on the Child Death/Serious Injury Report form and any additional information obtained from the county since the death or injury, but prior to the review. Second and third level reviews may be requested and conducted based on the findings of the initial review. During these reviews, consideration is given to policy and procedure compliance by the county while working with the family as well as identifying procedures the county can implement to improve protective practices. A member ofthe OCA Investigative Unit attends each of these reviews to serve as the liaison with the State DFCS Office. Audits OCA’s investigations program also includes unannounced on-site audits of DFCS operations in
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    Parent Attorney TrialNotebook 173 selected counties. These audits were conducted in addition to the investigation of the individual case complaints received by OCA in FY 2005. OCA conducts these audits in order to more aggressively pursue our mission to enhance the protection of the state’s children by taking a closer examination of local DFCS’ services to children and families. The following are summaries of five such audits completed by OCA in FY 2005. The full text of each of the reports can be found on our website at www.gachildadvocate.org. The counties selected for these audits were chosen either because OCA received a large volume of complaints in these counties or because the complaints received were ofsuch a nature or severity that they warranted closer inspection by OCA. The scope ofeach auditwas tailored, where possible,to the nature of the concerns noted by OCA and included a review of randomly selected Child Protective Services (CPS) case files and/or foster care placementcase files. In addition to the case file audits, OCA also sought to interview community partners such as juvenile court judges, foster parents, law enforcement, district attorneys, child advocates, and others in order to assess their perceptions of local DFCS responsiveness to the needs of children and families in their communities. Spalding County OCA undertook an audit of Spalding County in November, 2004. In this review, OCA examined twenty (20) child protective services (CPS) cases and sixteen (16) foster care/placement cases. Finally, in addition to case file reviews, OCA also conducted stakeholder interviews that included Spalding County DFCS staff, juvenile courtpersonnel, foster parents, child advocates,and law enforcement, in order to gain their individual perspectives on DFCS’ performance and to seek their suggestions for improvement. Strengths Foster care/placementachieved a success rate ofeighty percent(80%) or higher in seventeen (17) of eighteen (18) areas of inquiry. These results are particularly strong, given that the staff is able to achieve them despite phenomenal turnover within the agency. In addition, stakeholders in Spalding County unanimously expressed positive working relationships with Spalding DFCS and praised their ability to serve the needs of children and families in the community, despite significant workforce challenges, particularly staff turnover. Stakeholders particularly expressed confidence in the County Director and management
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    Parent Attorney TrialNotebook 173 team at DFCS. Concerns and issues that arise are dealt with in a professional manner. Weaknesses Child Protective Services (CPS) fared poorly in our review, achieving a success rate of eighty percent (80%) or higher in only four (4) of twenty-four (24) areas of inquiry. This finding is especially troublesome, butnotsurprising, given thatfifty-eight percent(58%) of Spalding DFCS’ workforce had been with the agency for less than one year and many for only a few months at the time of our review. Perhaps most worrisome was that face-to-face contact with child victims within the correct response time was only achieved in fifty percent (50%) of the cases we reviewed. Just as serious, OCA could not support case determination decisions with the documented evidence in DFCS’ records in over thirty percent (30%) of cases. Our findings also reflect a troubling lack of oversight in these cases because nearly an identical percentage of them lacked documented discussion with the workers’ supervisors. OCA cannot overstate the risk to children where a workforce as inexperienced as Spalding’s is notexercising exceptionally strong oversight of its frontline staff. Spalding DFCS’ ongoing services unitalso performed poorly, with only one (1) of nine (9) areas of inquiry having a success rate of eighty percent (80%) or higher. Most troubling was that required contacts with children, caretakers, and collateral sources were missed more often than not. Such a finding is particularly worrisome because the children in these cases remain in the homes of their caretakers who were the subjectofa child abuse or neglectreferral, but who the Department believes can safely remain at home with appropriate services. There is simply no way to ensure child safety without observing them on a routine and frequent basis. Cobb County OCA undertook this audit in December, 2004. OCA’s inquiry into Cobb County DFCS’ placement operations was specific in focus and scope. OCA’s auditwas prompted because we received a number of complaints indicating that children were spending unreasonable lengths of time in foster care awaiting resolution of their court cases. OCA’s investigation was narrowly tailored to assess this expressed concern. The focus of our audit was therefore on those cases involving children who had been in foster care for more than one year, including those where termination of parental rights and adoption was the stated permanency plan, but had not yet resulted in a hearing on a filed termination petition.
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    Parent Attorney TrialNotebook 173 With this focus in mind, thirty (30) DFCS placement case records were identified for review. Our review included eighteen specific areas ofinquiry, ofwhich timely achievementofpermanency was but one part. In addition, OCA also undertook a review of twenty-two (22) companion court files to the DFCS records reviewed. In this regard, OCA soughtto identify, wherever possible, the reasons for any delays or continuances, particularly in cases involving termination of parental rights. Finally, in addition to case file reviews, OCA also conducted stakeholder interviews that included Cobb County DFCS staff, juvenile courtpersonnel, foster parents, child advocates,and law enforcement, in order to gain their individual perspectives on DFCS’ performance and to seek their suggestions for improvement. Strengths Cobb County DFCS has much of which to be proud. OCA’s findings in seventeen of eighteen specific areas ofinquiry overwhelmingly demonstrate that Cobb DFCS is doing a good job on behalf of the children and families it serves. These findings were confirmed in OCA interviews with community partners who uniformly expressed confidence in the agency and its staff and who also expressed strong praise for the agency’s commitment to the protection of children and responsiveness to their needs. OCA believes that Cobb DFCS management team and staff are able to achieve these strong results in large part because, while higher than Child Welfare League of America suggested caseload limits, Cobb placementcaseloads average approximately 20 and are fairly manageable, according to data provided by the agency. These reasonable caseloads bear a direct relationship to the relatively low turnover and significant level of experience found within the agency, currently an average of 5.3 years. This level of experience instills stakeholders with faith in the agency. Cobb’s relatively stable workforce also resulted in a positive showing of2.4 workers per placement case, and while imperfect, is significantly lower than other counties of comparable size. Weaknesses In appropriate cases, DFCS files petitions to terminate parental rights in accordance with federal and state law. However, this finding alone does not ensure that children receive permanent resolution of their cases on a timely basis. All facets ofthe child protection system, including the judicial branch, and the attorneys who represent the parties and children, must work in concert with appropriate priority given to termination cases ifCobb County’s children are not to languish unnecessarily in foster care for lengthy time
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    Parent Attorney TrialNotebook 173 periods. As previously mentioned, OCA undertook a review ofcompanion courtrecords in 22 cases in order to ascertain, wherever possible, the reasons for delays and continuances in the cases reviewed. We identified a total of fifty-two (52) continuances in these cases. Forty percent (40%) of these continuances could be attributed to attorney conflicts in other courts or the attorneys noted as “not present” at the call of the case. Another thirty-seven percent(37%) were continued for an unknown reason that could not readily be identified in the court record, while another fifteen percent(15%) were continued because ofthe juvenile court judge had been called to hear other matters in superior court. OCA identified at least 8 cases in our sample of 22 that had been continued 3 or more times, including four of which had been continued 5, 6, 8, and 9 times, respectively. Four cases involved termination of parental rights petitions that have been pending for more than one year and have been continued for a variety of reasons. One case involved a termination of parental rights petition pending since June 2004 that has been held in abeyance until criminal charges against the child’s parents are resolved. The parents are charged with the murder of one of their children. The delays in these particular cases are unconscionable. Our system has utterly failed these children whose futures hang in the balance because of calendar conflicts and other reasons. While OCA acknowledges that no court rules currently exist to establish priority for juvenile court matters in resolving attorney conflicts, OCA, in the strongest terms possible, recommends immediate attention to this issue by adoption of a rule change that, at the least, would establish priority for termination of parental rights cases in nearly all circumstances except those involving a capital criminal trial and/or demand for a speedy trial. In addition, nearly any judicial conflictcould be avoided if Cobb’s juvenile court judges were simply permitted to dedicate all of their time to juvenile court matters. As expressed to OCA by the juvenile court, each of Cobb County’s four juvenile court judges must committo nine weeks’ service on the Superior Court bench each calendar year, and that since the former CASA volunteers’ complaints became public, the juvenile court judges are no longer being “called up” to Superior Court on a moment’s notice for additional service beyond the required nine weeks. OCA maintains great concern that thirty-six (36) weeks of juvenile court judges’ time is lost to the children and families involved in juvenile court matters and cannot begin to quantify or calculate the potential harm that may be caused by this practice. OCA cannothelp but conclude thatjuvenile courtmatters of all kinds could be resolved more expeditiously if Cobb County truly had four juvenile court judges on the bench hearing juvenile court cases year-round.
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    Parent Attorney TrialNotebook 173 Polk County OCA’s investigation into Polk County DFCS’ occurred in May, 2005 and was substantial in scope. Fifty (50) cases were identified for review, including twenty-five (25) CPS cases and twenty-five (25) placementcases. In addition to case file reviews, OCA also conducted stakeholder interviews that included Polk County DFCS staff, juvenile court personnel, educators, foster parents, child advocates, and law enforcement, in order to gain their individual perspectives on DFCS’ performance and to seek their suggestions for improvement. Strengths Overall, OCA identified concerns in 56% of the cases selected for review in Child Protective Services, including both investigations and ongoing services. However, CPS investigations performed significantly better than did ongoing services. Within CPS investigations, Polk County achieved a success rate of eighty percent (80%) or higher in fourteen (14) of fifteen (15) areas of inquiry. This finding is particularly impressive given its workforce challenges discussed below. In placement, OCA was pleased to note strong agency performance in achieving timely permanency for its children in foster care and adherence to state and federal laws in this area. Weaknesses Of immediate and serious concern to OCA is that 67% or sixteen (16) of twenty-four (24) case managers for whom hire dates could be ascertained had been employed by the Department for two years or less at the time of our review, including seven (7) of the same twenty-four (24) who have been with the Department for one year or less. Stakeholders uniformly expressed concern about the turnover and resulting lack of experience of the Polk DFCS workforce. According to data provided by Polk DFCS, caseloads remain exceedingly high and average approximately twenty-nine per worker. This average, for both CPS and placement combined, far exceeds Child Welfare League of America standards and has adversely impacted the Department’s ability to best serve the children and families of Polk County. At the time of OCA’s review, IDS data indicated that forty-seven (47) of two-hundred forty nine (249) or 19% percentofCPS investigations were pastdue, including over seven (7) percentthat were 60 or more days past due. These results leave potentially vulnerable children in harm’s way while investigative
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    Parent Attorney TrialNotebook 173 decisions are delayed. More recently, the agency reported thatit is now more adequately staffed with fewer vacancies than had been the case and that it is redoubling its efforts to retain personnel after a period of time characterized by severe staffshortages and having to prioritize its workload according to the degree of risk associated with each child and family’s case. Nevertheless, like many rural Georgia counties, Polk County is facing a surge in reports associated with parental methamphetamine abuse. The county is ill- equipped in its current staffing allocation to face this crisis. Ongoing CPS performed poorly in several key areas and warranted prompt attention – particularly in the area ofmaintaining ongoing contacts with children, parents, and collateral sources. These indicators are especially crucial to the Department’s ability to adequately assure the safety of children identified to it as being at risk. In the foster care unit, OCA identified concerns in 76% of the placement cases selected for review. Mostsignificantly, while the Department is doing a good job ofproviding appropriate services to children and families in many cases, it is not consistently making the required contacts with children and foster parents in 40% of cases. The Department must do a better job of monitoring the children in its care and can only do so by having face-to-face contacts with them. Fulton County OCA’s investigation into Fulton County DFCS’ operations occurred over a several months-long period during the summer of 2005 in three separate phases due to the scope and size of the audit. In total, three hundred seventeen (317) cases were reviewed. These included one hundred twenty-one (121) active CPS investigations and thirty-nine (39) closed CPS investigations. Our review also included ninety- seven (97) placementand sixty (60) diverted cases. In addition to case file reviews, OCA also conducted stakeholder interviews that included Fulton County DFCS staff, juvenile court personnel, foster parents, child advocates, and members of the law enforcement community in order to gain their individual perspectives on DFCS’ performance and to seek their suggestions for improvement. OCA’s review began at a time in which the Kenny A. lawsuit remained unresolved, although negotiations were rapidly proceeding toward settlementon the issues pending againstthe State. Since the filing ofthe lawsuit, an unprecedented amountoftime, energy, and resources have been directed at Fulton County DFCS, and in particular to its placement unit, so as to prepare for the terms of the final consent decree and position the agency with its best foot forward to fulfill the terms of that agreement.
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    Parent Attorney TrialNotebook 173 Strengths Overall, OCA was pleased to find that, according to information provided by the agency, the average length of experience of a DFCS caseworker is approximately 4.4 years. However, this average was skewed in partbecause ofthe great longevity ofa few staff members, while over forty percent(40%) of workers at Fulton DFCS had been employed by the Department for less than 2 years at the time of OCA’s review. Fulton DFCS and its stakeholders alike uniformly expressed concern about the agency’s turnover and resulting lack of experience. Within CPS investigations, the Department is doing a good job ofidentifying correctresponse times and checking CPS history when it receives referrals alleging abuse and neglect. In addition, the Department is also responding appropriately to subsequent referrals once it maintains prior history with a family. Within placement, the Department is doing nearly all that it can to ensure timely permanency for the children in its care. Compliance rates exceeding 95% with the Adoption and Safe Families Act’s requirement to file termination of parental rights petitions after 15 months is excellent. In addition, the Department is doing an excellent job of providing appropriate services to children and families in the vast majority of cases, while it is also making very strong efforts to maintain familial connections for children through exploration of relative placements and efforts to place siblings together whenever possible. Weaknesses The Department’s efforts to make appropriate and timely contacts in the course ofits investigations were observed to be inconsistent. While doing well in the areas of seeing children away from their alleged maltreaters, observing non-victim children, and conducting face-to-face interviews with parents and caretakers, it fared poorly in making the required face-to-face contacts with child victims within the correct response times. OCA acknowledges that at least some of these cases included those that were part of a backlog ofcases thatwere “administratively closed” and had been seriously past-due at the time they were ultimately acted upon. Nevertheless, our review indicated that in many of the cases in which the required response time for making contact with children was not met, it was missed in increments of days and sometimes weeks. For a variety of reasons, Fulton DFCS was laboring under a substantial backlog of hundreds of cases awaiting CPS investigation and determination at the time leading up to OCA’s review. Some of these cases had been pending for more than one month. The backlog was so great that the Department sought and received additional resources to address this situation with approved overtime compensation
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    Parent Attorney TrialNotebook 173 for staff and outside assistance. As a resultofthis sustained effort, the backlog was indeed reduced to only twenty-seven (27) at the time of OCA’s review. However, OCA identified too many cases closed due to what was termed “acceptable risk reduction” without substantial evidence of any such reduction or action by the agency to address the concerns that brought the family to the attention of DFCS in the first instance. At the same time that Fulton DFCS is making great strides in its efforts to achieve timely permanency for the children in its care, its relatively poor showing in the area of possessing court orders, OCA believes, is demonstrative of the larger issue of Special Assistant Attorney General (SAAG) representation in Fulton County. While some of its attorneys are quite responsive to the agency’s needs, others are not and the juvenile court is demonstrating leadership in this area by pressing for timely compliance in the completion of its orders. Diversion Cases Under the leadership of DHR Commissioner Walker, DFCS has endeavored to “control its front door” to ensure that it accepts for investigation only those cases alleging genuine abuse or neglect of children. Under this framework, DFCS may refer families notmeeting this threshold testto other public and private agencies for services, such as housing, mental health services, and the like. DHR calls this process “diversion.” OCA reviewed sixty of these “diverted” cases, primarily reviewing the initial decision to divert the family away from DFCS, and whether appropriate action was taken by the agency. It is important to note that the agency has not formally adopted written criteria to guide the decision to divert cases, and thus OCA’s findings reflect our judgment and opinion, about which others may differ. Overall, there is fairly good news to report. A number of diversion cases were appropriately “closed” as diversion cases and re-opened for CPS investigation and/or DFCS services. In these cases, a diversion worker likely visited the children and families, determined that the circumstances warranted greater inquiry and investigation by the agency for possible abuse or neglect, and then referred the case to child protective services for closer examination. In OCA’s judgment, forty-three (43) of the sixty (60) or nearly 72% of the diverted cases reviewed were believed to be appropriate for diversion or were appropriately referred within the agency for further investigation. However, of the remaining seventeen (17) cases deemed by OCA to be inappropriate for diversion either because the referral on its face suggested possible abuse/neglect or documented contact with the family suggested that further investigation was warranted, nine (9) of these or 53% were
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    Parent Attorney TrialNotebook 173 determined by OCA to warrant prompt agency intervention. OCA concludes thatwhile the diversion program maintains promise as a means by which to reduce the number of children and families unnecessarily becoming involved with our child protection system, the agency must remain vigilant in its monitoring of the program to ensure that children do not fail to enter the system when they should and must. In addition, OCA recommends that the state DFCS office adopt guidelines and criteria to guide the determination of whether a case is diverted so that uniform standards are applied statewide. Bibb County OCA undertook an audit of Bibb County DFCS in June, 2005. In this review, OCA examined forty- eight (48) child protective services (CPS) cases and thirty-five (35) foster care/placement cases. In addition to case file reviews, OCA also conducted stakeholder interviews that included Bibb County DFCS staff, juvenile court personnel, foster parents, child advocates, and law enforcement, in order to gain their individual perspectives on DFCS’ performance and to seek their suggestions for improvement. Strengths In CPS, the agency excelled in identifying correct response times to allegations of abuse and neglect and also in documenting its review of prior history and appropriate databases for required background information. In addition, Bibb DFCS is doing well in interviewing non-victim children while also staffing its cases with management. These are positive findings that reflect well of the agency when it is first presented with allegations of child abuse and neglect. Within foster care/placement, OCA was especially pleased to find that the agency performed notably well in several key areas, including making required contacts with foster children and in providing appropriate educational, medical/dental, and mental health services to the children in its care. In addition, Bibb DFCS fared quite well in seeking out relative placement resources for children and in facilitating contacts between children and their birth families so as to maintain continuity in their relationships. In addition, stakeholders in Bibb County unanimously expressed positive working relationships with Bibb DFCS and praised their ability to serve the needs ofchildren and families in the community while also recognizing the difficulty ofthe agency’s work. Stakeholders particularly expressed appreciation for good communication with the agency and the responsiveness of its staff to questions and concerns.
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    Parent Attorney TrialNotebook 173 Weaknesses According to data reported by Bibb DFCS, the average caseload size per worker is thirteen (13). With relatively low caseloads such as these, OCA anticipated stronger performance by the agency in other key areas. Overall, CPS achieved a success rate of eighty percent (80%) or higher in only ten (10) of twenty-three (23) or forty-three percent (43%) areas of inquiry. In twenty-seven (27%) of cases, face-to- face contacts with child victims were notmade within correctresponse times while more than thirty percent (30%) of children were not interviewed in a setting away from their alleged maltreaters. In ongoing CPS, critical contacts with children, parents, and relevant collateral sources were also missed more than thirty percent (30%) of the time. Overall, foster care achieved an eighty percent(80%) success rate in only ten (10) of eighteen (18) or fifty-six percent(56%) areas of inquiry while Bibb County’s foster children are paying a steep price by not achieving permanency as they should. Court orders were lacking in thirty-seven percent (37%) of case records that also lacked evidence that the agency is making reasonable efforts to finalize permanency plans and is filing petitions to terminate parental rights in appropriate cases as required by federal and state laws. OCA strongly recommends an intensive review ofcases involving children who have been in DFCS’ custody for a year or more to ensure that meaningful and sustained progress is made to bring the child’s case to a permanent conclusion. ADVOCACY In the course of OCA investigations and audits, we identify critical areas where we focus our attention on both policy and legislative advocacy. As indicated below, necessary improvements rest not only on DFCS, but on the entire system established to protect our children from abuse and neglect. In FY 2005, OCA achieved mixed results in our Advocacy program, with notable success in the most recent session ofthe General Assembly, but not in advocating for policy improvements within the DFCS system. Termination of Parental Rights – House Bill 195 As observed in the course ofOCA case investigations and audits, some ofGeorgia’s children were waiting unreasonable lengths of time for the juvenile courts to determine their fates and sometimes
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    Parent Attorney TrialNotebook 173 languished in foster care for years without ever achieving permanency. Prior to the 2005 legislative session, Georgia law permitted up to one year’s time to pass between the filing of a termination of rights petition and a final decision by the courts on the issue. In the 2005 session ofthe General Assembly, OCA was the lead agency advocating for passage of House Bill 195. House Bill 195 dramatically reduces the time between the filing of a termination of parental rights petition and a final court decision on the matter. Signed into law by Governor Perdue on May 2, 2005, H.B. 195 now requires juvenile courts to hear these cases within ninety days of the filing of a petition and to render a decision within thirty days of the conclusion of the hearing. As a result of the bill’s passage, the allowable time foster children await a determination on their futures has been reduced by one-third. H.B. 195 offers these children the promise of a permanent home with a family more quickly so that they do not continue to languish in foster care. If the judge agrees to terminate parental rights, the child is then legally free for adoption and can begin the adoptive process. OCA expresses gratitude and appreciation to Representative Barry Fleming for his leadership on H.B. 195. Guardian Ad Litem Training – House Bill 212 Since its enactment in 1974, the federal Child Abuse and Prevention Treatment Act (CAPTA) has required appointmentofa Guardian Ad Litem (GAL) in “every case involving an abused or neglected child which results in a judicial proceeding.” The GAL can be “an attorney or a court-appointed special advocate, or both.” CAPTA, as amended in 2003, specifies that, in order for states to be eligible for a CAPTA state grant, there must be a certification by the Chief Executive Officer of the State that the State has in effect and is enforcing a state law, or has in effect and is operating a statewide program, that ensures every abused or neglected child is appointed a GAL who has received pre-appointment training appropriate to their role. Volunteer curricula developed by the National CASA Association provide a model for training of CASA volunteers before they are appointed to represent the best interests of individual children. Georgia CASA has adapted the National CASA new volunteer training curriculum for lay GALs so that it is consistent with both federal and state child deprivation law and practice.
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    Parent Attorney TrialNotebook 173 To fulfill CAPTA’s new training mandate for attorney GALs, OCA successfully advocated for passage of House Bill 212 in the 2005 session of the General Assembly. H.B. 212 codifies CAPTA’s requirementofappropriate pre-appointmenttraining for GALs. H.B. 212 also enables OCA to administer a training model that can be adapted for statewide usage, while also offering local courts the flexibility to create their own training curriculum, so long as itcontains the essential elements identified by the American Bar Association and National Association of Counsel for Children as critical subject areas. OCA is very appreciative of Representative Judy Manning’s leadership and efforts on H.B. 212. Foster Child Education Grant – House Bill 272 In the 2002 legislative session, the General Assembly created the Foster Child Education Grant with a $260,000 appropriation in the Fiscal Year 2003 budget. The Grant provides financial assistance to older foster youth who would otherwise have limited or no access to post-secondary education resources. Young people who have grown up in Georgia’s foster care system have often endured multiple residential placements, and in these moves often change schools, sometimes several times in a school year. These same students sometimes lose academic credits in this process, thereby delaying their high school graduation and entry into college and technical school. Prior to the Grant’s creation, DFCS provided significantfinancial assistance with college expenses to our foster youth, but that assistance ended at age twenty-one: the very age that many of our young people are justbeginning their post-secondary academic careers, not completing them as many traditional students do. As created, the Grant provides payment for tuition, room and board, books and fees not otherwise covered by the federal Pell Grant or Hope Scholarship, and continues payment as long as the student makes satisfactory progress toward their degree – through twenty-five. Signed by into law by Governor Perdue on May 2, 2005, House Bill 272 codifies the Foster Care Education Grant and thereby re-affirms Georgia’s commitment to caring for the children for whom it has served as parent and assures them a greater chance of successfully transitioning into mainstream society without ever being system dependent again. OCA expresses sincere gratitude to Representative Bill Hembree for his leadership and support for H.B. 272. Medically Fragile Children
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    Parent Attorney TrialNotebook 173 Although medically fragile children comprise only a very small percentage of the children in foster care, they deserve the same opportunity to grow and thrive in a loving family-like setting as do all children. Sadly, that does notoccur for some ofour mosttruly needy children with acute medical conditions requiring twenty-four hour monitoring and supervision. In some cases, these children languish in group home facilities for a year or more awaiting transition to a real foster or adoptive family. Clearly, more familie s trained and equipped to care for this special population are needed. However, the state must also ensure that children in such environments do not remain in them any longer than is medically necessary and at great expense to the state. For more than one year, OCA has been advocating for a policy that would require DFCS case managers to maintain quarterly contact with a medically fragile child’s primary care physician in order to obtain accurate and first-hand information aboutthe child’s medical needs, progress, and the advisability of transitioning the child to an appropriate family environment. OCA provided a suggested draft policy to DFCS to facilitate this change within the agency. Despite our best and sustained efforts and no apparent opposition from DFCS, no such policy has been adopted. OCA encourages policymakers to urge DFCS to ratify a policy to ensure that our medically fragile children enjoy the same opportunity to grow up in a loving family that we want for our own children. Cross-County Home Evaluations Children entering foster care are in crisis. They have been separated from their parents and perhaps siblings and school. Anything and anyone familiar to them are gone and no one knows for how long. In such terrible circumstances, if ready, willing, and able relatives step forward to care for the children, we must do everything possible to facilitate a child’s speedy placement with that relative who is a familiar face in a sea of strangers. OCA commends the agency for placing great and appropriate emphasis on increasing the numbers of children placed with relatives; however, a significant barrier remains in the case of relatives who happen to live in a different county than that of the county DFCS which placed the child in foster care. In some instances, the receiving county will act quickly to approve relative placements or will authorize the placing county to cross county lines and conduct its own relative home evaluation in order to expedite placement. However, in far too many counties, relatives are forced to wait weeks or even months
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    Parent Attorney TrialNotebook 173 for their home to be approved by the receiving county. The receiving county simply has no incentive to approve the relative because they will be forced to supervise the placement and increase their own caseloads. State level leadership is sorely needed in this area to eliminate or address this institutional barrier. OCA has been advocating for and tracking the development of a statewide cross-county home evaluation protocol for over one year, to no avail. OCA urges policy and lawmakers to prod the agency to quickly remedy this problem. Transitioning Foster Youth Once foster youth reach their eighteenth birthdays, some are given the option of “signing themselves” back in to the foster care system while others do not receive this same option. Children who elect to sign themselves back into care enjoy a multitude of benefits, including assistance with food, medical care, clothing, housing, and education expenses, along with the care and support of a case manager and independentliving coordinator. Research shows thatyouth who voluntarily extend their stays in foster care achieve better life outcomes as adults as compared with foster youth who do not remain in the care of the system. These life outcomes include a greater likelihood ofhaving a high school diploma or GED, reduced risk of homelessness, incarceration, and future dependence on public assistance. Whether or not foster youth are given the option of extending their stay in foster care is largely a local decision, made everyday by each of the state’s 159 county Departments of Family and Children Services. Anecdotal evidence suggests that youth who are given this option are considered the relative high achievers who have maintained a steady residential placement, fared well in school, and have not had involvement with the juvenile justice system. Troubled youth who have presented challenges to the Department may not be given the same choice to extend their stay in foster care, though such youth are arguably more in need of state assistance than other youth not presenting these same issues. OCA believes that this situation should be addressed at the state level with consistent policy and expectations of all parties. All foster youth should be extended the option of remaining in foster care after their eighteenth birthdays so that all of our youth, and those in particular who need us most, have the support of the state that has served as their parent prior to reaching age 18. Perhaps nowhere is this as important as it is in the area of health care. The federal Foster Care Independence Act of 1999 authorizes, but does not require, states to extend Medicaid benefits to former foster children to age 21. Georgia apparently extends such benefits to youth who are given the option of and elect to remain in foster care. It
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    Parent Attorney TrialNotebook 173 does notdo so for youth who otherwise age out ofand exit the system. Georgia’s foster children in all 159 counties deserve the same treatment and access to services, regardless of whether they are considered a positive or negative reflection of the agency. Kenny A. While the Kenny A. lawsuit against the state was settled after the reporting period, OCA supports the ConsentDecree settling the legal issues pending against the state concerning its treatment of children in foster care in Fulton and DeKalb Counties. DHR is to be commended for the strength of the agreement and its commitmentto achieving the outcome measures as specified in the settlement. OCA agrees that in whole, the agreement represents the promise of a foster care system of which Georgia can be proud. OCA has long advocated for caseload limits consistent with those recommended by the Child Welfare League ofAmerica. OCA believes that caseload sizes are an unparalleled factor in outcomes for children at risk or in foster care. Caseload sizes bear a direct relationship to worker turnover and directly affect the experiences of our children in every way, including whether they remain at risk in an abusive environment awaiting an investigation into their case or whether they will achieve timely permanency or instead linger in foster care for years. Indeed, Fulton and DeKalb Counties may be making significant progress in reducing caseload sizes and worker turnover and thereby reducing statewide averages because oftheir large size, butsignificantchallenges remain in our exurban and rural counties, where OCA audits have discovered frighteningly high caseloads among workers, and in particular in counties experiencing surges in methamphetamine abuse. OCA acknowledges DFCS’ stated commitmentto deploying the mandated Kenny A. improvements statewide, but maintains serious concern that children in a number of our counties will remain at significant risk because their local child welfare workforce simply has notkeptpace with caseload growth. DFCS must respond to this crisis if it is to provide all of its children with the same quality child welfare system and the same outcomes to back it up. Child Representation Under existing federal and state laws, Georgia’s foster youth are entitled to the services of a Guardian Ad Litem (GAL) to represent their best interests in all juvenile court abuse and neglect proceedings. The GAL may be an attorney, court appointed special advocate (CASA/lay guardian), or
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    Parent Attorney TrialNotebook 173 both. Georgia law is also clear that it requires children to have an attorney represent them in proceedings to terminate their parents’ rights. Statutes and caselaw are less clear, however, as to a child’s right to legal counsel in other juvenile courtdeprivation proceedings. A recentcourtopinion in the Kenny A. lawsuit against Fulton and DeKalb Counties concerning representation of children in foster care strongly suggests these children do in fact have the right to a lawyer – in addition to a GAL. OCA believes thatin mostcases, the best model of representation for children in foster care is an attorney-CASA model. Implementation ofsuch a model would allow CASAs and lay guardians to interview interested persons and gather sufficient information necessary in order to make informed recommendations to the courtas to a child’s bestinterests. The child’s attorney would then have the ability to subpoena and call witnesses, conductdirectand cross-examinations, introduce evidence,file motions, and even appeal a court’s decision. In this way, the child’s interests would be fully presented to the court in order for it to make the best possible decision concerning a child’s future. In 2006, OCA will be undertaking an exhaustive review of child representation nationally and in Georgia, including an assessment of various models to ensure the best representation of our children in juvenile court deprivation proceedings. Once our assessment is complete, OCA may make further recommendations regarding legal counsel for foster children. Mandated Reporter Statute In the nearly five years since OCA’s creation, several gaps in our state’s mandated reporter statute have emerged and should be addressed to strengthen Georgia’s response to children in crisis. OCA is supporting two specific changes to our mandated reporter law in the 2006 legislative session as follows. First, OCA supports clarifying Georgia’s current requirement of an oral report of suspected abuse from “as soon as possible” to “immediately,butno later than twenty-four hours” from the time the suspicion of abuse arose. Existing law is subjectto widely varying interpretations, even among professionals. The proposed change would provide sorely needed clarity in defining what is expected of our mandated reporters. Second, OCA proposes strengthening our mandated reporter law so that it unequivocally requires designees within large institutional settings, such as schools and hospitals, to make reports of suspected abuse as conveyed to them by first-hand observers,such as teachers and nurses, while also clarifying that these same designees are appropriate sources of consultation who are at liberty to add supplemental information to the report as they deem necessary. The proposed change would enhance the safety of
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    Parent Attorney TrialNotebook 173 Georgia’s children by reducing the risk that necessary reports go unmade because ofdifferences in opinion as to the degree of danger a child may be facing. Juvenile Court Jurisdiction Permanency and Adoption Current Georgia law provides that adoption cases are generally heard in superior court. These include all adoption matters, both private adoptions and those involving children in DFCS’ custody due to abuse and neglect and whose parental rights have been terminated. Children in DFCS’ custody awaiting permanency face numerous barriers on the road to adoption, some bureaucratic in nature and others not. These include child -specific recruitment efforts, approval of home studies, appeals by the biological parents, conversion of foster homes to adoptive home status, and others. In some judicial circuits, children wait three to five months for their adoption cases to be docketed on the superior court calendar. Consequently, Georgia continues to lag the nation and federal standards in securing timely adoption of these particular foster children. In the 2006 session of the General Assembly, OCA will be advocating for legislation that would grant juvenile courts concurrent jurisdiction over adoption matters in which the juvenile court has previously terminated parental rights. Such a change would permit prospective adoptive parents to choose the most expeditious venue for their adoption hearing, whether in superior or juvenile court. Moreover, the juvenile court, as trier of fact in the prior proceedings and with extensive knowledge of the child’s needs over a number of years, is eminently qualified to make a best interest determination as to the suitability of the adoption. Child welfare professionals, adoptive parents, practitioners, and most importantly, the children, stand to benefit immeasurably froma proceeding in which a positive outcome is achieved and witnessed by all who played a role. Special Assistant Attorneys General (SAAGs) The most important work a government attorney can do Since its inception, OCA has and continues to advocate for those who provide quality legal representation to their DFCS clients and acknowledge their service to the state for providing that representation at rates substantially below prevailing business practice in both the public and private sectors. The following chart illustrates the disparity in compensation to SAAGs representing various departments and agencies within state
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    Parent Attorney TrialNotebook 173 government. Type of Case Hourly Rate DOT/Certain Business Loss Cases $140.00 DOT/Standard SAAG rate $125.00 Tort Cases $125.00 Inmate Litigation - Inmate Represented by Counsel $125.00 DOAS/DOT Worker's Comp Cases/Standard Rate $100.00 Inmate Litigation - Pro Se Cases $ 75.00 Post-Conviction Habeas Corpus Cases $ 60.00 DFCS - Termination Cases $ 55.00 DFCS – Deprivation Cases $ 52.50 Child Support Enforcement $ 52.50 OCA applauds and supports DHR’s request to increase the SAAG rate paid in child deprivation cases to $60 per hour for these highly deserving public servants as a first step in achieving parity among those representing the state and for those who do so on behalf of the most vulnerable children in our state. State Mediation Committee – Foster Parents’ Bill of Rights The 2004 session ofthe General Assembly marked passage of a Foster Parents’ Bill of Rights that included a formal mechanism for resolving disputes between the Department of Family and Children Services and foster parents concerning children in their care. During the reporting period, a significant amount of time and attention was devoted to first developing processes and procedures for settling grievances, including mechanisms to first attempt to resolve concerns at the county and Division levels prior to escalating such matters for a formal mediation hearing. This process appears to be working well and in the manner intended because the vast majority of disputes are being resolved at the local and Division levels. To date, only 6 formal disputes have been heard by the State Mediation Committee, comprised of5 members that include: 2 representatives from DFCS, 2 representatives of the Adoptive and Foster Parent Association of Georgia, and the state Child Advocate. As the State Mediation Committee evolves and gains experience, itwill continually evaluate the effectiveness ofits policies and procedures to
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    Parent Attorney TrialNotebook 173 ensure that matters brought to its attention are resolved fairly and responsibly for all parties. Victim Advocacy Grant OCA continues to operate its Victim Advocacy Program with funding from a federal Victims of Crime Act ("VOCA") grant awarded by the Criminal Justice Coordinating Council (CJCC). Through this program, OCA is able to assist children who are simultaneously involved with the child welfare, law enforcement and various court systems in order to ensure the protection of the child victim's rights. The Victim Advocacy Program served 65 victims in this report period. These victims were from 31 counties around the state. Services provided by the Victim Advocate include: petitioning the court for protective orders; acting on the victim’s behalf with law enforcement and DFCS; helping victims and their families understand the voluminous paperwork associated with their cases; accompanying child victims and their families to court; and providing assistance in completing the necessary paperwork to receive victim compensation funds. During the reporting period, fourteen victims were assisted in receiving Temporary Protective Orders. We offer our sincere appreciation to the CJCC for its generous grant award that makes this program possible for our children. EDUCATION OCA’s third program is education. In this area, OCA facilitates and promotes the professional development of all parties involved with our child protection system, including DFCS staff, Guardians Ad Litem, district attorneys, law enforcement, educators, and others. Specialized training and education of all those working in child protection and deprivation is essential. OCA participated in numerous training conferences and collaborative efforts throughout the year in order to promote a well-trained workforce across the various disciplines. Cross-training is a positive and cost effective way of meeting the educational needs of the various disciplines and encouraging communication. First Lady’s Children’s Cabinet
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    Parent Attorney TrialNotebook 173 OCA is proud to serve on the First Lady’s Children’s Cabinet, comprised of representatives from various state agencies and officially formed on July 1, 2004. The Cabinet's core mission is to stem abuse and neglect, promote foster care and adoption, and raise public awareness of children's issues in general. Through this cooperative effort, the First Lady seeks to achieve greater success in coordinating policies and programs dispersed throughout state government. The Cabinet’s first initiative was the first statewide mandated reporter video, "Kids Count on You." This tool is designed to train all school personnel, including but not limited to teachers, custodial workers, counselors, food service staff, and school bus drivers on how and when to report suspected cases of child abuse. A mandated reporter is any person who interacts with children within the school system and is legally required to report any suspected incidents of child abuse. The intent of the video is to ensure school employees receive consistent and comprehensive information, receive training on how to properly recognize child maltreatment and how to report misconduct to the appropriate authorities. The production of this video was made possible through the contributions of numerous public and private organizations and individuals, most notably Shaw Industries and recording artist CiCi Porter. Six thousand five hundred training videos and an equal number of educational brochures were distributed statewide. Every school in Georgia now has a copy of the video while social workers and school counselors have been trained to instruct school personnel. OCA, together with Prevent Child Abuse Georgia and the Department of Education, led training sessions around the state in order to better inform nearly 1, 200 education professionals on this critical subject matter. Since this first initiative, the Cabinet has also announced the creation of the TeenWork initiative to create summer employment opportunities for youth in foster care, the launch of the Foster Family Foundation to recruit, train, and retain qualified foster families, and promote greater public awareness about the Earned Income Tax Credit.
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    Parent Attorney TrialNotebook 173 Guardian ad Litem Conference In previous OCA Annual Reports, we identified significantdeficiencies in the legal representation of our children in juvenile court deprivation proceedings. OCA’s investigations revealed that attorney GALs are often appointed just prior to court hearings and often do not meet the child or other interested parties before court. That practice is unacceptable. Effective advocacy requires knowledge of the child’s circumstances, the juvenile court system and adequate preparation. Our children are depending on their court-appointed representatives to navigate them through the complex juvenile court and foster care systems so that they have safe and permanent homes as quickly as possible and do not languish in state care. OCA again sponsored a major training opportunity for GALs in August, 2005. More than one hundred (100) attorney and volunteer GALs from across Georgia attended this conference. Evaluations from this effort overwhelmingly affirmed the need for more training. Highlights of the 2005 conference included compelling presentations by Ms. Shari Shink of the Rocky Mountain Children’s Law Center and her former foster child client, J.C. Coble on the importance ofthe GAL role, as well as presentations by Ms. Carol Emig, Executive Director of the Pew Commission on Foster Care and Howard Davidson, Director of the American Bar Association Center on Children and the Law. Training seminars were conducted on such topics as trial skills and preparation, direct and cross- examination, permanency planning, methamphetamine, interviewing children, legislative and caselaw updates, DFCS programs and services, and many others. One hundred percent (100%) of participants rated their overall conference experience as “Excellent” or “Good” and the majority of written comments stated that the “variety and relevance of the workshops and the quality of the information provided by presenters” were the best things about the conference. OCA expresses sincere appreciation to the Department of Human Resources for its award of a Children’s Justice Act grant that made the GAL Conference possible. Finding Words Georgia The Office of the Child Advocate was successful in its bid to make Georgia one of the first “Finding Words” sites in the country in 2003. Finding Words Georgia is co-sponsored by the Office of the Child Advocate, DFCS, and the Children's Advocacy Centers of Georgia. The National Center for the Prosecution of Child Abuse and CornerHouse Children's Advocacy Center developed
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    Parent Attorney TrialNotebook 173 this model multi-disciplinary forensic interviewing course entitled Finding Words and offers the training through approved states in a program called Half a Nation by 2010. The weeklong training presented quarterly at the Georgia Public Safety Training Center in Forsyth is designed to instruct multi- disciplinary teams in forensic interviewing of children. To date, Finding Words Georgia has trained teams representing 82 counties. Training sessions scheduled for FY 2006 already have waiting lists, demonstrating the continuing need for such a training program in Georgia. OCA intends to continue to offer Finding Words Georgia training in order to promote consistency in the investigation and prosecution of child abuse throughout the state. Building Successful Teams OCA participated as a partner in sponsoring the sixth annual Building Successful Teams Multi-Disciplinary Conference for the Investigation and Prosecution of Serious Injury and Fatal Child Abuse during the reporting period. Other sponsoring partners included the Georgia Department of Human Resources Division of Family and Children Services, the Georgia Bureau of Investigation and the Georgia Child Fatality Review Panel. Plans for the seventh annual conference are already underway. The conference’s mission is to foster teamwork among those investigating and prosecuting child abuse at every level through education and training, and by providing accessible expert support services to those working on the front lines of the battle against abuse and neglect. The groups sponsoring this conference include representatives ofevery discipline having the legal responsibility ofprotecting the lives ofGeorgia children. Each sponsoring agency strongly believes that it is only through working together that the enormous task of preventing child death or injury can become a reality. A multi-disciplinary team approach in investigations is critical for accurate identification of child abuse and neglect when it occurs and in successful prosecution of the perpetrator. Each year approximately 700 persons attend the Building Successful Teams conference, making it one of the largest conferences in the southeast with the purpose of collaboratively training those working in the child abuse fields in order to strengthen investigations and prosecutions in child serious injury and child death cases. Attendees from various disciplines include the judicial branch, prosecutors, child welfare professionals, medical examiners and coroners,medical professionals, law enforcementand mental health professionals.
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    Parent Attorney TrialNotebook 173 Child Placement Conference Since OCA’s creation, we have been an active participant in the Child Placement Conference, the largest annual cross- training conference offered to professionals working with foster children in Georgia. Conference hosts include DFCS, the Georgia Association of Homes and Services for Children ("GAHSC"), the Supreme Court of Georgia Child Placement Project, Georgia Court Appointed Special Advocates ("CASA") and the Department of Juvenile Justice ("DJJ"). Over 600 participants attend this conference annually and include: new and experienced DFCS case managers and supervisors, juvenile court judges, attorneys, CASAs, independent living coordinators, DJJ case managers, mental health professionals, group home staff and caseworkers, citizen panel review staff and volunteers and others working in the area of foster care and placement. Each year, the conference expands its collaborative partnership and the cross- section of topics offering the most current information available on working with children at risk. Unique to this conference is the highlighting of the many services available to children and families in Georgia, how our communities can work together to leverage these resources and how each of us can do our part. The overall evaluations from the Child Placement Conference show consistently high marks and the workshops are well attended. Now in its seventh year, the Child Placement Conference has emerged as the best cross-training opportunity available to child welfare professionals in Georgia. OCA highly recommends the Child Placement Conference for all people working in or connected to the child welfare system. Celebration of Excellence The Celebration of Excellence is a statewide annual graduation event and scholarship program designed to recognize the academic achievements of youth in the Georgia foster care system who are graduating from high school, GED programs, vocational school, and college. The event includes a formal awards ceremony much like a commencement exercise and a social gathering with food and entertainment. Graduates receive certificates of recognition for their achievements, gifts, and scholarships. In 2005, over 300 graduates were recognized and $66,000 in scholarships was awarded to especially outstanding youth who are pursuing post- secondary education.
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    Parent Attorney TrialNotebook 173 Many of the youth honored at the Celebration of Excellence have been in foster care for all or most of their lives. The longer a youth is in the state’s custody, the more at-risk he/she may become due to a lack of a stable family environment that promotes education, teaches daily living skills, and encourages attendance in school. Some youth have been moved from placement to placement, either from their own families to a foster care home or between foster homes. Often they have had to change schools, sometimes as often as several times a year, thereby missing the opportunity of a normal high school experience or senior year. Research consistently indicates that foster youth are considerably less likely to earn a high school diploma or GED than their non-foster care contemporaries. The youth recognized at the Celebration have met and overcome these challenges. But when it comes time to celebrate these achievements, they may not have anyone to cheer them on, take them to lunch, give them a present, or assure them of their bright and successful futures. The Celebration is a program that honors our youth for their special academic success in the manner in which they deserve. Recognizing the successes of the "system" and the achievements of these youth is important for our youth, for those who work in the child welfare field, and for the community, who often only hears about the child welfare system when it fails. The Celebration is organized by community partners in the Georgia child welfare system who include: the Young Lawyers Division of the State Bar of Georgia; the Department of Family and Children Services; and the volunteer and non-profit communities. OCA is proud to serve on the Celebration Volunteer Planning Committee and to have had a staff member serve as its Chairperson for the last six years.
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    Parent Attorney TrialNotebook 173 A Final Word OCA again expresses appreciation for the hard work of so many Georgia child welfare professionals as they continue to strive to improve the lives of our children and families. However, much remains to be done in order to create a child protection system of which Georgia can be proud. OCA will continue to work to ensure more positive outcomes for our at- risk children while advocating for necessary systemic improvements and intensifying our efforts to promote a more professional and well-trained workforce. OCA appreciates Governor Perdue, Lt. Governor Taylor, and all members of the Georgia General Assembly for their sustained support as we continue our efforts to achieve our mission of enhancing the state’s child protection system for our most vulnerable citizens.
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    Parent Attorney TrialNotebook 173 APPENDIX A CHILD ADVOCATE FOR THE PROTECTION OF CHILDREN Effective date. - This article became effective April 6, 2000. 15-11-170 (a) This article shall be known and may be cited as the "Georgia Child Advocate for the Protection of Children Act." (b) In keeping with this article's purpose ofassisting, protecting, and restoring the security ofchildren whose well-being is threatened, itis the intent ofthe General Assembly that the mission ofprotection ofthe children ofthis state should have the greatestlegislative and executive priority. Recognizing thatthe needs of children mustbe attended to in a timely manner and that more aggressive action should be taken to protectchildren from abuse and neglect, the General Assembly creates the Office ofthe Child Advocate for the Protection ofChildren to provide independentoversightofpersons, organizations,and agencies responsible for providing services to or caring for children who are victims ofchild abuse and neglect, or whose domestic situation requires intervention by the state. The Office of the Child Advocate for the Protection ofChildren will provide children with an avenue through which to seek reliefwhen their rights are violated by state officials and agents entrusted with their protection and care. 15-11-171 As used in this article, the term: (1) "Advocate" or "child advocate" means the Child Advocate for the Protection ofChildren established under Code Section 15-11-172. (2) "Agency" shall have the same meaning and application as provided for in paragraph (1) of subsection (a) ofCode Section 50-14-1. (3) "Child" or "children" means an individual receiving protective service from the division, for whom the division has an open case file, or who has been, or whose siblings, parents, or other caretakers have been the subjectofa reportto the division within the previous five years. (4) "Department" means the Department of Human Resources. (5) "Division" means the Division ofFamily and Children Services ofthe Department ofHuman Resources. 15-11-172. (a) There is created the Office of the Child Advocate for the Protection of Children. The Governor, by executive order, shall create a nominating committee which shall consider nominees for the position ofthe advocate and shall make a recommendation to the Governor. Such person shall have knowledge ofthe child welfare system, the juvenile justice system, and the legal system and shall be qualified by training and experience to perform the duties ofthe office as setforth in this article. (b) The advocate shall be appointed by the Governor from a listof at leastthree names submitted by the nominating committee for a term ofthree years and until his or her successor is appointed and qualified and may be reappointed.The salary ofthe advocate shall not be less than $60,000.00 per year, shall be fixed by the Governor, and shall come from funds appropriated for the purposes ofthe advocate.
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    Parent Attorney TrialNotebook 173 (c) The Office of the Child Advocate for the Protection of Children shall be assigned to the Office of Planning and Budgetfor administrative purposes only, as described in Code Section 50-4-3. (d) The advocate may appointsuch staff as may be deemed necessary to effectively fulfill the purposes of this article, within the limitations ofthe funds available for the purposes ofthe advocate. The duties ofthe staff may include the duties and powers ofthe advocate ifperformed under the direction ofthe advocate. The advocate and his or her staff shall receive such reimbursementfor travel and other expenses as is normally allowed to state employees,from funds appropriated for the purposes ofthe advocate. (e) The advocate shall have the authority to contract with experts in fields including butnotlimited to medicine, psychology,education, child development, juvenile justice,mental health, and child welfare, as needed to supportthe work ofthe advocate, utilizing funds appropriated for the purposes ofthe advocate. (f) Notwithstanding any other provision ofstate law, the advocate shall act independently ofany state official, department, or agency in the performance ofhis or her duties. (g) The advocate or his or her designee shall be an ex officio member ofthe State-wide Child Abuse Prevention Panel. 15-11-173 The advocate shall perform the following duties: (1) Identify, receive, investigate, and seek the resolution or referral of complaints made by or on behalfof children concerning any act, omission to act, practice, policy,or procedure ofan agency or any contractor or agent thereofthat may adversely affectthe health, safety, or welfare ofthe children; (2) Refer complaints involving abused children to appropriate regulatory and law enforcementagencies; (3) Reportthe death of any child to the chairperson ofthe child fatality review subcommittee ofthe county in which such child resided atthe time ofdeath, unless the advocate has knowledge thatsuch death has been reported by the county medical examiner or coroner, pursuantto Code Section 19-15-3, and to provide such subcommittee access to any records ofthe advocate relating to such child; (4) Provide periodic reports on the work ofthe Office of the Child Advocate for the Protection of Children, including butnot limited to an annual written reportfor the Governor and the General Assembly and other persons, agencies,and organizations deemed appropriate. Such reports shall include recommendations for changes in policies and procedures to improve the health, safety, and welfare of children and shall be made expeditiously in order to timely influence public policy; (5) Establish policies and procedures necessary for the Office of the Child Advocate for the Protection of Children to accomplish the purposes ofthis article including without limitation providing the division with a form of notice ofavailability of the Office of the Child Advocate for the Protection ofChildren. Such notice shall be posted prominently, by the division, in division offices and in facilities receiving public moneys for the care and placementofchildren and shall include information describing the Office ofthe Child Advocate for the Protection ofChildren and procedures for contacting that office; and (6) Convene quarterly meetings with organizations, agencies, and individuals who work in the area of child protection to seek opportunities to collaborate and improve the status of children in Georgia. 15-11-174 (a) The advocate shall have the following rights and powers: (1) To communicate privately, by mail or orally, with any child and with each child's parentor guardian; (2) To have access to all records and files ofthe division concerning or relating to a child, and to have access, including the rightto inspect, copy, and subpoena records held by clerks ofthe various courts, law
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    Parent Attorney TrialNotebook 173 enforcementagencies, service providers,including medical and mental health, and institutions, public or private, with whom a particular child has been either voluntarily or otherwise placed for care or from whom the child has received treatmentwithin the state. To the extent any such information provides the names and addresses ofindividuals who are the subjectofany confidential proceeding or statutory confidentiality provisions, such names and addresses or related information which has the effect of identifying such individuals shall notbe released to the public withoutthe consentof such individuals; (3) To enter and inspectany and all institutions, facilities, and residences,public and private, where a child has been placed by a courtor the division and is currently residing. Upon entering such a place, the advocate shall notify the administrator or, in the absence ofthe administrator, the person in charge ofthe facility, before speaking to any children. After notifying the administrator or the person in charge ofthe facility, the advocate may communicate privately and confidentially with children in the facility, individually or in groups, or the advocate may inspectthe physical plant. To the extent possible,entry and investigation provided by this Code section shall be conducted in a manner which will not significantly disrupt the provision ofservices to children; (4) To apply to the Governor to bring legal action in the nature ofa writ of mandamus or application for injunction pursuant to Code Section 45-15-18 to require an agency to take or refrain from taking any action required or prohibited by law involving the protection ofchildren; (5) To apply for and acceptgrants, gifts, and bequests offunds from other states, federal and interstate agencies, independentauthorities, private firms, individuals, and foundations for the purpose ofcarrying out the lawful responsibilities ofthe Office of the Child Advocate for the Protection ofChildren; (6) When less formal means ofresolution do notachieve appropriate results, to pursue remedies provided by this article on behalf of children for the purpose ofeffectively carrying outthe provisions ofthis article; and (7) To engage in programs ofpublic education and legislative advocacy concerning the needs ofchildren requiring the intervention, protection, and supervision ofcourts and state and county agencies. (b) (1) Upon issuance by the advocate ofa subpoena in accordance with this article for law enforcement investigative records concerning an ongoing investigation, the subpoenaed party may move a courtwith appropriate jurisdiction to quash said subpoena. (2) The court shall order a hearing on the motion to quash within 5 days ofthe filing of the motion to quash, which hearing may be continued for good cause shown by any party or by the court on its own motion. Subjectto any right to an open hearing in contemptproceedings, such hearing shall be closed to the extent necessary to preventdisclosure ofthe identity ofa confidential source; disclosure ofconfidential investigative or prosecution material which would endanger the life or physical safety or any person or persons; or disclosure ofthe existence ofconfidential surveillance,investigation, or grand jury materials or testimony in an ongoing criminal investigation or prosecution. Records, motions and orders relating to a motion to quash shall be keptsealed by the courtto the extentand for the time necessary to preventpublic disclosure ofsuch matters, materials, evidence or testimony. (c) The court shall, at or before the time specified in the subpoena for compliance therewith, enter an order: (1) Enforcing the subpoena as issued; (2) Quashing or modifying the subpoena ifitis unreasonable and oppressive;or (3) Conditioning enforcementofthe subpoena on the advocate maintaining confidential any evidence, testimony, or other information obtained from law enforcementor prosecution sources pursuantto the subpoena until the time the criminal investigation and prosecution are concluded. Unless otherwise ordered by the court, an investigation or prosecution shall be deemed to be concluded when the information becomes subjectto public inspection pursuantto Code Section 50-18-72. The court shall include in its order written findings offact and conclusions oflaw.
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    Parent Attorney TrialNotebook 173 Annotations The 2001 amendment, effective July 1, 2001, designated the existing provisions ofthis Code section as subsection (a) and added subsections (b) and (c). 15-11-175. Penalty provision. (a) No person shall discriminate or retaliate in any manner against any child, parentor guardian ofa child, employee ofa facility, agency, institution or other type ofprovider, or any other person because ofthe making of a complaintor providing ofinformation in good faith to the advocate, or willfully interfere with the advocate in the performance ofhis or her official duties. (b) Any person violating subsection (a) ofthis Code section shall be guilty ofa misdemeanor. 15-11-176 The advocate shall be authorized to requestan investigation by the Georgia Bureau ofInvestigation ofany complaintofcriminal misconductinvolving a child. 15-11-177 (a) There is established a Child Advocate Advisory Committee. The advisory committee shall consistof: (1) One representative ofa notfor profit children's agency appointed by the Governor; (2) One representative ofa for profitchildren's agency appointed by the Presidentofthe Senate; (3) One pediatrician appointed by the Speaker ofthe House ofRepresentatives; (4) One social worker with experience and knowledge ofchild protective services who is notemployed by the state appointed by the Governor; (5) One psychologistappointed by the Presidentofthe Senate; (6) One attorney appointed by the Speaker ofthe House ofRepresentatives from the Children and the Courts Committee of the State Bar of Georgia; and (7) One juvenile courtjudge appointed by the ChiefJustice ofthe Supreme Court ofGeorgia. Each member ofthe advisory committee shall serve a two-year term and until the appointmentand qualification of such member's successor. Appointments to fill vacancies in such offices shall be filled in the same manner as the original appointment. (b) The advisory committee shall meet a minimum of three times a year with the advocate and his or her staff to review and assess the following: (1) Patterns of treatment and service for children; (2) Policy implications; and (3) Necessary systemic improvements. The advisory committee shall also provide for an annual evaluation ofthe effectiveness ofthe Office of the Child Advocate for the Protection ofChildren.
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    Parent Attorney TrialNotebook 173 APPENDIX B STAFF DeAlvah Hill Simms - Child Advocate Kristi Justice - Administrative Assistant to the Child Advocate Allyson W. Anderson - Director of Policy and Evaluation Russell A. Lewis, Sr. - Chief Investigator Matt Gazafy - Investigator Robert Z. Hernandez - Investigator William A. Herndon - Investigator Bobbi Nelson - Investigator Chris Williams - Investigator Vickie Morgan - Intake Technician Sherry Bryant - Victim Advocate Program Manager The Victim Advocate Program Manager is funded through the Criminal Justice Coordinating Council’s ("CJCC") Victims of Crime Act Grant Program. OCA also enjoyed the services offive students made possible through the generosity of the Barton Child Law and Policy Clinic at Emory University, Georgia CASA, the Child Advocacy Project of Central Georgia CASA and Mercer University School ofLaw. They include: Kimberly Saunders, Laura Glass-Hess, Dorothy Harper, Tori Daniels, Heather Hunt and Heather Thorpe. We offer our sincere gratitude to each of these students for their hard work on behalf of Georgia’s children and each of the named programs and schools for providing these exceptional interns to our office.
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    Parent Attorney TrialNotebook 173 APPENDIX C ADVISORY COMMITTEE OCA is fortunate to have an advisory committee ofseven individuals dedicated to helping fulfill our mission of protecting our children. The members include:  Dr. John Adams is a practicing psychologistin Statesboro and was appointed by Lt. Governor Mark Taylor.  Ms. Laura Eubanks is a social worker with Children’s Healthcare of Atlanta and was appointed by Governor Sonny Perdue.  Judge Tracy Graham is a juvenile court judge in Clayton County and was appointed by Georgia Supreme Court Chief Justice Norman Fletcher.  Dr. Joy Maxey is a practicing pediatrician in Atlanta and was appointed by Speaker of the House of Representatives, the Honorable Glenn Richardson.  Dr. Alma Noble is the Director of Baby World Daycare Center in Albany and was appointed by Lt. Governor Taylor.  Mrs. Kathy O’Neal is Region VI Community Facilitator with Family Connection and was appointed by Governor Perdue.  Ms. Ellen Williams is an attorney and active lobbyiston children’s issues and was appointed by Speaker Richardson. Ms. Williams also serves as Chairperson ofthe Committee. Selected DFACS Policy Sections Complete DFCS policy may be found at the following links: Child Protection Manual (CPS)
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    Parent Attorney TrialNotebook 173 http://www.childwelfare.net/DHR/policies/cpindex.html Foster Care Manual http://www.childwelfare.net/DHR/policies/fcindex.html Department of Human Resources website http://www.odis.dhr.state.ga.us/ Subject: Promotion and Protection of the Welfare of Children Table of Contents SECTION # TITLES Section I Introduction 2101.1 Purpose of Child Protective Services 2101.2 Legal Basis 2101.3 Statement of Good Practice Principles 2101.4 Distinctive Characteristics 2101.5 Definitions Section II Juvenile Court - Placement Issues 2102.1 Court Intervention to Protect Children 2102.2 Permanency for Children 2102.3 Reasonable Efforts 2102.3a Reasonably Diligent Search 2102.4 Reasonable Efforts - Documentation 2102.5 Authority to Remove a Child from the Parent/Legal Guardian 2102.6 Indian Child Welfare Act 2102.7 Juvenile Court Procedures 2102.8 Appointment of a Guardian ad Litem 2102.9 Deprivation Resulting From Substance Abuse 2102.10 Emergency Removal 2102.11 Other Removal Options 2102.12 Verbal Orders 2102.13 Family Assessment and 30-Day Case Plan 2102.14 Developing the 30-Day Case Plan 2102.15 Responsibility for Children in the Department’s Custody 2102.16 Family Visitation for Children in the Department’s Custody 2102.17 Keeping the Court Informed 2102.18 Taking a Case Back to Court 2102.19 Return of Custody to Parent 2102.20 Grounds for Termination of Parental Rights Section III Intake 2103.1 Introduction 2103.2 Twenty-Four Hour Report and Response Capacity 2103.3 Public Awareness 2103.4 Receiving Reports
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    Parent Attorney TrialNotebook 173 2103.5 Mandated Reporters 2103.6 Mandated Reporters Not Reporting 2103.7 Components of a Report 2103.8 Reports of Parental Alcohol and Other Substance Abuse 2103.9 Reports of Juvenile Substance Abuse 2103.10 Report Received of a Newborn in a Family with previous CPS History 2103.11 Reports of Cases of Suspected Statutory Rape 2103.12 Form 453 (Child Abuse/Neglect Intake Worksheet) 2103.13 CPS History 2103.14 Making an Intake Decision 2103.15 Response Time Calculation 2103.16 Immediate to 24-Hour Response Required 2103.17 Request for Immediate Short-Term Emergency Care 2103.18 Screened-Out Reports 2103.19 Report Received on An Active Case 2103.20 Referrals to Law Enforcement 2103.21 Child Protective Services Log 2103.22 CPS Across County Lines 2103.23 Form 590 (Internal Data System) 2103.24 Reporting Procedures Following Placement Activities 2103.25 Response to a Request to Evaluate a TANF Recipient Prior to a Second Sanction Appendix A Decision Trees Appendix B Substance Abuse and Child Maltreatment Section IV Investigation 2104.1 Introduction 2104.2 Time Frame 2104.3 Drug Exposed/Addicted Infants 2104.4 Lack of Supervision 2104.4a Child Taken into Custody by Physician 2104.4b “Safe Place for Newborns” Infant 2104.5 Requests for Immediate Short-Term Emergency Care 2104.6 Court-Ordered Supervision 2104.7 CPS Investigation of a TANF Recipient 2104.8 Special Investigations and Miscellaneous Requests 2104.9 Preparing for the Initial Interview 2104.10 Meeting Response Time 2104.10a Obtaining Offender and Conviction Data 2104.11 Contact With Children 2104.12 Initial Contact Made with Child Away From Home 2104.13 Initial Contact Made with Child in the Home 2104.14 Notifying Parent of Interview with Child Away from Home 2104.15 Confidentiality of Reporter Information 2104.16 Initial Interview with the Parent 2104.17 Safety Assessment (Form 455A) 2104.18 Safety Plan (Form 455B) 2104.19 Unsuccessful Attempted Contact 2104.20 Family Refuses to Cooperate 2104.21 Collateral Contacts - Gathering and Verifying All Available Evidence
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    Parent Attorney TrialNotebook 173 2104.22 Investigative Conclusion (Form 454) 2104.23 Case Determination 2104.24 Closure of Case with Child Fatality 2104.25 Alcohol and Other Substance Abuse in Substantiated Investigations 2104.26 Drug Screens 2104.27 Risk Assessment Scale (Form 457) 2104.28 Failure to Meet 30-Day Time Frame for Completing an Investigation 2104.29 Client Notification 2104.30 Case Review Request 2104.31 Additional Reports 2104.32 Form 431 2104.33 Use of Relative, Neighbor or Other Individual as a Safety Resource 2104.34 Imminent Risk and Safety 2104.35 Response Overrides 2104.35a Abbreviated Investigations 2104.36 Contact for Cases Transferred for Ongoing Services 2104.37 Substantiated Cases and Community Resources 2104.38 Employment Services Responsibility at Investigation 2104.39 Investigation Documentation 2104.40 Family Moves During Investigation or Ongoing Services 2104.41 Family Moves to Unknown Location - Loss of Contact Appendix A Drug Screens Section V Case Management 2105.1 Introduction 2105.2 CPS Targeted Case Management Tearsheet 2105.3 Case Contact 2105.4 Face-to-Face Contacts 2105.5 Collaterals 2105.6 Strengths/Needs Assessment and Case Plan Preparation 2105.7 Strengths and Needs 2105.8 Form 458 (Strengths/Needs Assessment Scale) 2105.9 Case Plan - Initiation and Time Frame 2105.10 Form 387 (Social Services - Case Plan) Form 388 (Case Plan: Goals / Steps) Case Plan Development 2105.11 Joint CPS/TANF Cases 2105.12 Service Selection 2105.13 Service Provision 2105.14 Use of Drug Screens in Ongoing Case Management 2105.15 Relapse Issues in Substance Abuse Cases 2105.16 Purpose of Case Contacts 2105.17 Case Management Documentation 2105.18 Case Reassessment 2105.19 Collecting Information for Case Reassessment 2105.20 Case Closure Decision 2105.21 Case Closure Requirements 2105.22 Closure of Cases Active with TANF Section VI SpecialInvestigations
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    Parent Attorney TrialNotebook 2106.1 Introduction 2106.2 Assignment of an Investigator for a Special Investigation 2106.3 Responsibilities of the Resident County and Out-of-County Investigator in a Special Investigation 2106.4 Staff Notifications of Reports of Abuse and Neglect on a Child in the Legal Custody of DFCS/DHR 2106.5 Response Time Calculations for Reports of Abuse or Neglect on a Child in the Legal custody of DFCS/DHR 2106.6 Report of Abuse and Neglect in DFCS Homes - Introduction 2106.7 Intake Procedures for Reports of Abuse and Neglect in DFCS Homes 2106.8 Investigative Standards for CPS Investigations in DFCS Homes 2106.9 Documentation of CPS Investigations in DFCS Homes 2106.10 Required Staffings in CPS Investigations of DFCS Homes 2106.11 Administrative Review of CPS Investigations in DFCS Homes 2106.12 Policy Waiver Requests for DFCS Homes 2106.13 Release of Information in CPS Investigations of DFCS Homes 2106.14 Reports of Abuse and Neglect of Children in the Legal Custody of the DFCS Caregiver 2106.15 Reports of Abuse and Neglect in Private Agency Homes and State Operated Homes - Introduction 2106.16 Intake Procedures for Reports of Abuse and Neglect in Private Agency and State Operated Homes 2106.17 Investigative Standards for CPS Investigations in Private Agency and State Operated Homes 2106.18 Documentation of CPS Investigations in Private Agency and State Operated Homes 2106.19 Required Staffing in CPS Investigations in Private Agency and State Operated Homes 2106.20 Administrative Review of CPS Investigations in Private Agency and State Operated homes Approved for Children in the Legal Custody of DFCS/DHR 2106.21 Requests for Children in the Legal Custody of DFCS/DHR to Remain in a Private Agency/State Operated Home 2106.22 Release of Information in CPS Investigations of Private Agency and State Operated Homes 2106.23 Reports of Abuse and Neglect in Residential Facilities - Introduction 2106.24 Developing Procedures for CPS Investigations in Residential Facilities 2106.25 Intake Procedures for Reports of Abuse and Neglect in Residential Facilities 2106.26 Investigative Standards for CPS Investigations in Residential Facilities 2106.27 Documentation of CPS Investigations in Residential Facilities 2106.28 Release of Information in CPS Investigations of Residential Facilities 2106.29 Reports of Abuse and Neglect in Public and Private Non-Residential Schools - Introduction
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    Parent Attorney TrialNotebook 2106.30 Intake Procedures for Reports of Abuse and Neglect in Public and Private Non-Residential Schools 2106.31 Investigative Standards for CPS Investigations in Public and Private Non-Residential Schools 2106.32 Documentation of CPS Investigations in Public and Private Non- Residential Schools 2106.33 Release of Information in CPS Investigations in Public and Private Non-Residential Schools 2106.34 Reports of Abuse and Neglect in Non-Residential Facilities - Introduction 2106.35 Intake Procedures for Reports of Abuse or Neglect in Non- Residential Facilities 2106.36 Investigative Standards for CPS Investigations in Non-Residential Facilities 2106.37 Documentation of CPS Investigations in Non-Residential Facilities 2106.38 Release of Information in CPS Investigations of Private Agency and State Operated Homes Appendix Appendix A Taylor v. Ledbetter, U.S. District Consent Decree Appendix B Special Investigations Cover Memorandum Appendix C Special Investigations Summary Report of a Home Approved for a Child in the Legal Custody of DFCS/DHR Appendix D Special Investigations Summary Report of a Facility Approved for a Child in the Legal Custody of DFCS/DHR Appendix E Facility/Agency Case Determination Letter Appendix F Use of Corporal Punishment in Schools Section VII Family Preservation 2107 Family Preservation Programs 2107.1 Early Intervention/Preventive Services 2107.2 Role of Early Intervention/Preventive Services 2107.3 Eligibility for Early Intervention/Preventive Services 2107.4 Early Intervention/Preventive Services Application and Record Maintenance 2107.5 Early Intervention Fees and Program Structure 2107.6 Services Reporting Requirements 2107.7 Contracting for Early Intervention Services 2107.8 Parent Aide Program 2107.9 Role of the Parent Aide 2107.10 Eligibility for Parent Aide Services 2107.11 Parent Aide Services Application and Record Maintenance 2107.12 Parent Aide Services: Fees and Program Structure 2107.13 Parent Aide Services Reporting Requirements 2107.14 Contracting for Parent Aide Services 2107.15 Prevention of Unnecessary Placement Program (PUP)
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    Parent Attorney TrialNotebook 2107.16 Eligibility for PUP Services 2107.17 Financial Need/Family Contribution 2107.18 PUP Services Application and Record Maintenance 2107.19 Determining Funding Approval Amounts 2107.20 PUP Program: Approved Services 2107.21 Verification of PUP Expenditures 2107.22 PUP as Part of the Case Plan 2107.23 Documentation of Changing PUP Needs 2107.24 PUP Between Counties 2107.25 PUP Reporting Requirements 2107.26 Homestead Program 2107.27 Eligibility for Homestead Services 2107.28 Homestead Services Application and Record Maintenance 2107.29 Homestead Services: Fees and Program Structure 2107.30 Homestead Services Reporting Requirements 2107.31 Contracting for Homestead Services 2107.32 Homestead Provider Qualification Guidelines Appendix A Determination of PUP Authorization Amount 75% Per Diem Cost Chart Appendix B Social Services MOU Annex B: Early Intervention/PUP/Parent Aide/Homestead Monthly Report Section VIII Administrative Case Review 2108.1 Introduction 2108.2 Reporting a Child Death or Serious Injury 2108.3 Investigations of Child Deaths and Serious Injuries of Children in DFCS Legal Custody 2108.4 Case Record Management 2108.5 State Office Internal Review Process 2108.6 Supplemental Reports 2108.7 Administrative Review of CPS Investigations in Homes Approved for Children in Legal Custody of DFCS 2108.8 Administrative Review of CPS Special Investigations by the Social Services Section Director 2108.9 Child Fatality Review Appendix A Concurrence Letter Section IX Information Management 2109.1 Contact With the Media 2109.2 Confidentiality 2109.3 Information Subject to Open Records Act 2109.4 Requests to Inspect Records 2109.5 Release of Information to Parents 2109.6 Subpoenas for Depositions and Case Records
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    Parent Attorney TrialNotebook 2109.7 Responsibility for Case Confidentiality in Court Testimony 2109.8 Request for Assistance from DFCS Legal Officer 2109.9 Report to the Missing Children Bulletin 2109.10 Contact with Board Members 2109.11 Contact with Legislators and County Officials Appendix A Information Which May be Maintained in Case Records Section X Forms Foster Care Services: Table of Contents Permanency for Children in Foster Care Table of Contents Section Heading 1001 INTRODUCTION 1002 PLACEMENT AUTHORITY 1003 ELIGIBILITY 1004 PLACEMENT RESOURCES 1005 RESIDENTIAL TREATMENT 1006 ASSESSMENT AND PERMANENCY 1007 CASE PLANNING AND REVIEW 1008 PRE-PLACEMENT 1009 PLACEMENT OF A CHILD 1010 ICPC 1011 NEEDS OF THE CHILD 1012 INDEPENDENT LIVING 1013 LEGAL 1014 FOSTER PARENTS 1015 FOSTER HOMES 1016 FISCAL 1017 (Reserved) RETURN TO THE FOSTER CARE INDEX Section Heading Appendix A Comprehensive Child and Family Assessment Appendix B (1) Minimum Standards for Family Foster Homes Appendix B(2) Foster Parent Grievance Procedure
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    Parent Attorney TrialNotebook SECTION X Table of Contents FORM NUMBER FORM NAME 100 PUP / Homestead / Parent Aide Authorization 101 PUP / Homestead / Parent Aide Cumulative Record 387 Social Services  Case Plan 388 Case Plan: Goals/Steps 431 Child Abuse and Neglect Report  Instructions 450 Basic Information Worksheet 452 Contact Form 453 Child Abuse/Neglect Worksheet  Instructions 454 Investigative Conclusion  Instructions 455A Safety Assessment  Instructions 455B Safety Assessment  Instructions 457 Risk Assessment Scale  Instructions 458 Strengths / Needs Assessment Scale  Instructions 460 Risk Reassessment Scale  Instructions 590 Internal Data System (IDS) 5459 Authorization For Release Of Information Record of Reports Record ofReports  Instructions Sample Mandated Reporter Letter Access to Criminal History in CPS Investigations Case Determination Letter # 1 Case Determination Letter # 2 Case Determination Letter # 3 Case Determination Letter # 4 Case Determination Letter # 5a Case Determination Letter # 5b Case Determination Letter # 1 (Espanol) Case Determination Letter # 2 (Espanol) Case Determination Letter # 3 (Espanol) Case Determination Letter # 4 (Espanol) Case Determination Letter # 5a (Español) Case Determination Letter # 5b (Español) Response to Case Review Request Response to Case Review Request(Espanol) Nationwide CPS Alert Form
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    Parent Attorney TrialNotebook Child Death/Serious Injury Report DFCS Authorization to AcceptChild for Short-Term Emergency Care Termination of DFCS Responsibility for Short-Term Emergency Care Open Records Act: Documentation ofRequest Letter to Person Requesting Records Early Intervention Letter - Family Notification Early Intervention Letter - Provider Notification Codes for Forms 453 and 454.doc Case Summary Form
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    Parent Attorney TrialNotebook SERVICES TO BIRTH PARENTS 1006.9 Requirement Until the court directs otherwise, the Case Manager is obligated to make reasonable efforts to reunify the child and family through the provision of intensive, goal-oriented services. 1006.9 PRACTICE ISSUES 1. Services must be directed toward achieving the identified goals and steps outlined in the Case Plan. The most frequently provided services to parents with children in care are visitation, housing assistance, income maintenance, mental health, substance abuse treatment and parenting education. To accelerate permanency, services must be planned, organized and immediate. Selected services may include: • Comprehensive Child and Family Assessment (CCFA) Wrap-Around (WA) Services (see 1016.18 for description and instructions for accessing and paying for these services): - In-Home Intensive Treatment provides therapeutic and/or clinical services for a family in preparation for the safe return of a child and/or to maintain and stabilize a child’s current placement. - In-Home Case Management provides case management assistance to families in completing the defined goals and steps of the Case Plan. - Crises Intervention provides an immediate service to stabilize a volatile family situation where safety of the child is not an issue, but may result in a child’s placement disrupting; e.g., child on Aftercare status who is at risk of re-entering care. • Family Preservation Programs (see CPS Service Manual, Chapter 2107 for program description and criteria): - Parent Aide provides parenting skills, education and training through in-home visitation and group classes. - Homestead provides intensive, short-term, in-home counseling and support to families being reunified. - Prevention of Unnecessary Placement (PUP) provides financial assistance to facilitate the return of a child through emergency housing assistance, psychological evaluation, drug screens, etc. • Other formal and informal resources (if available) in the community: - Family Service Workers provide in-home help with parenting education, home and financial management, shopping and meal management, etc. - Educational services help with completion of school or GED and/or preparation for employment; - Marital and family counseling assists families in gaining an understanding of and insight into behavior and relationships - Individual and group counseling assists with understanding and resolving interpersonal issue or other mental health needs; - Employment services assist in obtaining a job to provide for basic
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    Parent Attorney TrialNotebook economic needs - Housing services assist in the finding and securing adequate and safe living arrangements; - Drug treatment provides residential services, recovery/support groups, outreach for relapse, drug screens, etc. 2. Substance abuse as an underlying need will likely require intensive treatment with anticipated periods of relapse. The parent dealing with addiction problems may still be in the treatment process when one of the following time frames is reached:  The permanency hearing is held (within 12 months of removal); or when  The child has been in care “15 out of 22 months” and termination of parental rights is not appropriate. If the child cannot be safely returned, then a decision may be made to continue the treatment plan and work toward reunification. However, there must be a “compelling reason” or justification, which meets the approval of the court. The Case Manager must assess the parent’s situation carefully, along with the progress to date, and the prognosis of treatment providers, to determine if the parent may require (with the court’s approval), additional time for rehabilitation. NOTE: Whenever a child is adjudicated deprived as a result of the parent’s alcohol or other drug abuse, the court is authorized to require the parent to undergo substance abuse treatment and random drug screens. However, the court will not permit reunification until DFCS has documentation confirming that the screens remain negative for a period of no less than six consecutive months. 3. The provision of quality services largely depends on the partnerships and collaborations with community providers assisting DFCS. 4. While DFCS is obligated to provide and/or arrange services for the parent, the parent is also responsible and accountable for his/her actions and decisions around participating in those services. 5. The Case Manager should consider how to balance the amount of time needed by the parent to make the changes or improvements with the child’s developmental and permanency needs. The compressed time lines outlined in State and Federal law provide the parameters for determining and finalizing a permanent placement. The parent may require assertive outreach, encouragement and support to realize that actual change, not promises for change, is expected. CONTACT STANDARDS FOR PARENTS OF CHILDREN IN CARE WITH A PLAN OF REUNIFICATION 1006.10 Requirement When the child’s permanency plan (or concurrent plan) is reunification, the SSCM maintains a casework relationship with the parent to monitor the progress being made toward completion of the permanency plan goals and to continually assess the family’s readiness for reunification.
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    Parent Attorney TrialNotebook At a minimum, a face-to-face contact between the parent and the SSCM occurs as frequently as is needed, but no less frequently than once each month. Every other month, the contact with the parent must take place in the residence of the parent. When such contact standard cannot be met; e.g., parent’s whereabouts unknown, parent lives in temporary housing (shelter or motel), parent resides out-of-state, parent is incarcerated or hospitalized, etc., then approval to waive the contact must be obtained in writing from the Services Supervisor and placed in the record. Contacts must be documented with sufficient detail to determine, at a minimum, the following information: type of contact, when it occurred, who was there, what happened (purpose in relation to Case Plan goals/steps), and where it occurred. 1006.10 PRACTICE ISSUES 1. The SSCM needs to impress upon parents the importance of keeping the county department informed of any moves/changes of address. When a child’s parent resides in another county, the county of legal custody requests the other county to work with the parents in providing “Placement Services to Parents.” (See Chapter 60, IDS definition.) A copy of the child’s Case Plan accompanies any request for another county to provide services to t he parent. 2. If contacts with the parent are being made by outside providers (e.g., Comprehensive Child and Family Assessment (CCFA) Wrap-Around Service providers), documentation of such contacts in the case record via progress notes and/or Wrap-Around Services Documentation Report, will NOT substitute for the SSCM’s monthly face-to-face contact standard. 3. If it appears that there is a strong likelihood of early reunification, more frequent face-to-face contacts, especially in the parent’s home, are encouraged. In most cases, parents who have the most contact with their SSCM are more likely to remain motivated and engaged in the achieving the Case Plan goals. 4. Purposeful, meaningful contacts with the parent may involve the following activities: • Dealing with parental feelings about separation from the child and visitation; • Discussing information about the child to assist the parent in understanding what will be required to meet the child’s needs; • Keeping the parent focused on the reality of the situation and on the major tasks needing attention; • Assessing that services identified in the Case Plan are being provided and continue to be relevant and appropriate to the identified needs; • Assisting the parent in better utilizing or developing informal support groups, such as neighbors, relatives, faith community, etc.; • Obtaining signed releases so that service providers can forward timely progress reports for documentation in the case record; • Supporting the progress being made toward accomplishing established goals; • If applicable, addressing the lack of progress and any problems/barriers the parent is encountering in achieving the identified goals/steps in the Case
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    Parent Attorney TrialNotebook Plan. If progress is not consistent and ongoing, or if the parent is ambivalent about parenting role, then again advising the parent of alternative permanency planning for the child; and/or • Reminding the parent of the “Permanency Time Line” for achieving Case Plan goals and the outcome for permanency. DOCUMENTATION of SERVICES 1006.11 Requirement The Case Manager carefully and accurately documents the services offered and provided and the family’s response to the services, including level of compliance and progress. 1006.11 PRACTICE ISSUES 1. Documentation is critical to building a case for sound decision-making, regardless of the permanency outcome; i.e., reunification, adoption, or any other permanent placement outcome. 2. Copies of reminder letters to parents, referrals to providers, progress reports, collateral contact entries, etc., are examples of key documentation for the record and the court. See Chapter 80, Social Services Documentation Requirements (Rev 8/02), for additional suggestions for documentation. INITIAL CASE PLANNING 1007.2 Requirement The initial Case Plan for Reunification or, if it is determined that reunification is not appropriate, a Case Plan proposing Non-Reunification, is developed using the CPRS. The Case Plan is submitted to the court within thirty days of the child’s removal from the home. 1007.2 PRACTICE ISSUES 1. Conducting a thorough and comprehensive assessment of the strengths and needs of the family, as well as a permanency assessment, are critical to developing an effective Case Plan (See Assessment and Permanency, Section 1006). 2. Ideally, the Comprehensive Assessment is completed and its information shared at the MDT staffing prior to the initial case planning meeting with the family. If so, the initial Case Plan and the Comprehensive Child and Family Assessment are submitted to the court at the same time. If the Comprehensive Assessment is not completed within the first 30 days, then the initial Case Plan needs to be submitted to the court in a timely manner and amended later, if necessary. When the Assessment is received, the SSCM forwards it to the court. 3. Depending on the age and needs of the child, it may be advantageous in expediting a permanent plan to make reasonable efforts to reunify a child with the family, while at the same time, making reasonable efforts to achieve permanency through adoption or any other permanent living arrangement. (See “concurrent planning” in Assessment and Permanency, Section 1006.) 4. Due to the compressed time frames for achieving the goals of the Case Plan, intensive quality services must be identified and provided early on to correct or change the behaviors, safety issues or circumstances which necessitated the child’s removal from
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    Parent Attorney TrialNotebook the home. Remember that all services and actions, which are not directly related to the circumstances necessitating removal, cannot be made conditions of the return of the child without further court review. 5. A reasonably diligent search for a parent (including putative father and/or his extended family) or relative of the child or other persons who have demonstrated an ongoing commitment to the child is initiated soon after the child enters care and continues for up to 90 days. The results of the search are documented in writing in the CPRS “Plan Group” section. Information about a parent should be documented on the “Caretaker” screen. All known relatives and persons demonstrating an ongoing commitment to the child would be entered into the “Relative” section of the Plan Group. (See 1002.3.1 Procedures.) 6. A Judicial Citizen Review Panel, if one is designated by the court, may consult with DFCS, the parents and the child, when available, to develop the initial Case Plan. CASE PLAN FOR REUNIFICATION 1007.3 Requirement The initial Case Plan for Reunification focuses on the proposed reunification services that will make it possible for the child to be returned safely to the family within a realistic time frame. The Plan is developed with the family within 30 days of the child’s removal. It is submitted to the court for consideration to become an order of the court. Unless the parent requests a hearing within five (5) days of receiving the Case Plan, the court enters an order incorporating a plan for reunification and specifying what must be accomplished before the family can be reunified. 1007.3 PROCEDURES The CASE MANAGER will: 1. NOTIFY THE PARENT: Provide the parent with written notice of the case planning meeting (family team meeting) to develop the initial Case Plan goals for reunification and discuss placement planning for the child. Notice must be provided at least five calendar days in advance of the meeting. (This time frame may be waived if the meeting can be held within the first five days of placement.) The written notice shall include the following information: • The date, time and place the family team meeting will be held (or, if the meeting has already been held, the notice would confirm that date); • The Case Plan developed at the meeting will be submitted to the court for consideration to become an order of the court; and that • The proposed DFCS Case Plan shall be in effect until incorporated into an order of the court. Once adopted by the court, the Case Plan is in effect until modification by the court.
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    Parent Attorney TrialNotebook 2. NOTIFY OTHERS: Provide written or verbal notice to any of the following persons who may have significant input into the development of the plan or placement of the child: • The child of appropriate age/ level of functioning; • Extended family of the child; • Child’s current care giver (custodian, foster parent, relative, pre-adoptive parent, residential child care staff, etc.); • Resource/ service providers; • CASA /GAL (if appointed); • Judicial Citizen Review Panel (if designated by the court to be involved in the development of the initial plan; • Any other person significant to the development of the plan or placement of the child. 3. MEET AND DISCUSS: At the scheduled family team meeting, the Case Manager will openly and honestly discuss the following issues: • The time-limited nature of foster care and potentially, the detrimental effects that prolonged placement can have upon a child; • The need to begin immediately in determining a permanent plan for the child; i.e., where the child can be safe and will grow up, and who may be best able to provide for the child’s placement needs; • The legal time frames for achieving the Case Plan outcome of reunification, and the consequences if not achievable in a timely manner (See “Permanency Time Lines” which may be used as a visual tool for the Case Manager and parent to “plot” a year of case actions before the permanency issue for the child must be settled); • If appropriate, the need to proceed with concurrent plans for permanency as an added assurance that permanency for the child will be achievable either through reunification or some other means of permanency (e.g., adoption, guardianship, placement with a fit and willing relative or another planned permanent living arrangement); • Reasons for placement and what the parent can do to have the child returned home, and what the county department can do to assist; • The critical need for the parent to immediately become involved in planning and to cooperate in achieving the mutually developed Case Plan goals; • The dual roles of the Case Manager in supporting the parent’s efforts, while at the same time, monitoring the progress (or lack of progress), and reporting to the court the outcomes. • The optional use of Form 531 (available through Central Supply) entitled, “A Guide for Parents of Children Placed in Foster Care,” which the SSCM may review with the parent. NOTE: Remember to list all participants and their relationship to the child on the CPRS “Participation” screen.
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    Parent Attorney TrialNotebook 4. COMPLETE ALL SCREENS OF THE CPRS 5. OBTAIN SIGNATURES In the Participant and Disclosure” part of the CPRS, have the parent, the child (if appropriate), the SSCM and any others present sign the plan on the day of the family team meeting. If this is not possible, the parent must be given the opportunity to sign within 30 days from the date the child entered care. Add comments to the “Participation” part of the plan should there be any dissenting recommendations of the Judicial Citizen Review Panel, if applicable, and any recommendations of the parents, if such are made. NOTE: If the parents or children did not participate in the development of the case plan, document the reason(s) on the CPRS “Participation” screen. 6. FILE AND COPY THE CASE PLAN: File the original Case Plan in the appropriate DFCS case record. The parent’s copy is hand delivered, if possible, at the time of the family team meeting. Otherwise, the county department sends the Case Plan to the parent by certified mail at the same time that the Plan is submitted to the court. Once the plan is court approved, DFCS will provide copies to the present caregivers of the child (custodian, foster parents, preadoptive parents, or relative), the child (if appropriate), GAL/CASA (if appointed), and any other person significant to the plan (with a signed and written consent of the parent). 7. SUBMIT TO THE COURT: Submit the initial Case Plan for Reunification to the court (within 30 days of the child’s removal date). Using the CPRS, notify the judge that the case plan has been completed; i.e., all screens are entered. Click “signal that the court plan is ready for approval” on the “Court Plan Status” screen. This action sends an electronic notification to the judge that the plan is ready for review. If required by the court, the SSCM may use a brief cover letter to transmit the Case Plan to the court, retaining a copy of the cover letter in the case record for documentation purposes. 8. NOTIFY THE PARENT OF HEARING RIGHTS: The CPRS contains the written notice to the parent that the Case Plan will be considered by the court without a hearing unless, within five days from the date the copy of the plan is received, the parent requests a hearing before the court to review the plan. The Case Manager may assist the parent, if necessary, in preparing a written request for a hearing if a hearing has not already been requested on the CPRS.
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    Parent Attorney TrialNotebook 1007.3 PRACTICE ISSUES 1. If a hearing is not requested or scheduled by the court on its own motion, and the time to request a hearing (5 days) has expired, the COURT will: - Initially review the department’s proposed Case Plan for Reunification; - Enter an order (dispositional or supplemental) that incorporates those elements of the plan for reunification services which the court “finds essential to achieve reunification of the child and family.” Once the court adopts the Case Plan, it remains in effect until modification by the court. 2. If a hearing is requested by the parent, the COURT will: - Provide advance written notice of the hearing or direct a party (e.g., DFCS) to provide notice and the right to be heard at a hearing to the following individuals who presently care for the child: the custodian, foster parent, preadoptive parent or relative. Note: This notice is consistent in form and timing of notice that is afforded any party to the hearing. However, this provision shall not be construed to require any of these individuals be made party to the hearing solely on the basis of having received such notice and opportunity to be heard. - Hear the evidence, which may include oral and written testimony offered by the parent, the custodian of the child, the foster parents, the preadoptive parents, the relatives caring for the child and DFCS; and - Enter an order which - Accepts or rejects the DFCS recommendation and Case Plan (all or part); - May order an additional evaluation; - May appoint a guardian ad litem; - May undertake other reviews, as it deems necessary to determine the disposition that is in the child’s best interest; - Includes findings of fact that reflect the court’s consideration of the oral and written testimony offered by the parents, the custodian of the child, the foster parents of the child, any preadoptive parents or relatives providing care for the child and DFCS; - Makes a disposition only if the court finds that such disposition is in the best interest of the child; 3. Once the Case Plan is court-approved, the COURT will: - Provide a copy of the order and court approved Plan to the usual parties. - As stated in law, hold DFCS responsible for providing copies of the plan to the following: - Present caregivers of the child (custodian, foster parents, preadoptive parents of the child, relatives providing care of the child, - Child (if appropriate)
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    Parent Attorney TrialNotebook - GAL/CASA (if appointed) - Any other significant person (with the signed and written consent of the parent) CASE PLAN for NON-REUNIFICATION 1007.4 Requirement Should the county department submit an initial Case Plan to the court that does not recommend reunification as the permanency plan, additional documentation is required. The court shall no later than 30 days following the filing of the Case Plan for Non- Reunification, hold a permanency hearing. At such time, the proposed plan is reviewed and the court shall determine by clear and convincing evidence whether “reasonable efforts to reunify a child with his or her family will be detrimental to the child and that reunification services, therefore, should not be provided or should be terminated.” A revised permanency plan for the child will be incorporated into an order. 1007.4 PROCEDURES The CASE MANAGER will: 1. NOTIFY THE PARENT: Provide the parent with written notice of the case planning meeting (family team meeting) to develop the initial Case Plan and to discuss placement planning for the child. Notice must be provided at least five calendar days in advance of the meeting. (This time frame may be waived if the meeting can be held within the first five days of placement.) The written notice to the parent shall include the following information: • The date, time and place of the family team meeting (or, if the meeting has already been held, the notice would confirm that date); • The Case Plan developed at the meeting will be submitted to the court for consideration to become an order of the court; and that • The proposed DFCS Case Plan shall be in effect until a hearing may be held and then, the court enters an order. Once the Case Plan is adopted by the court, it is in effect until modification by the court. 2. NOTIFY OTHERS: Provide written or verbal notice to the following persons who may have significant input into the development of the plan or placement of the child: • The child of appropriate age/ level of functioning; • Extended family of the child;
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    Parent Attorney TrialNotebook • Child’s current caregiver (custodian, foster parent, relative, pre-adoptive parent, residential care staff, etc.) • Resource/ service providers; • CASA/GAL (if appointed); • Judicial Citizen Review Panel (if designated by the court to be involved in the development of the initial Plan; and/or • Any other person significant to the development of the plan or the placement of the child. 3. MEET AND DISCUSS At the scheduled family team meeting, the Case Manager will openly and honestly discuss the following: • The reasons for placement and the circumstances/reasons which lead the county department to conclude that reunification is not appropriate for the child; • The time-limited nature of foster care and the potentially damaging effect that prolonged placement can have upon a child; • The need to begin immediately in determining a permanent plan for the child; i.e., where the child can be safe and will grow up and who may be best able to provide for the child’s placement needs; • Services (other than reunification) that the county department can offer and/or arrange for the parent as outlined in the Case Plan; e.g., visitation. • The right of the parent to have a hearing within 30 days of the court’s receipt of the department’s Case Plan recommending Non-Reunification; and • The optional use of Form 531 (available through Central Supply) entitled, “A Guide for Parents of Children Placed in Foster Care” which the SSCM may review with the parent. NOTE: Remember to document all participants and their relation to the family on the CPRS “Participation” screen. 4. COMPLETE ALL SCREENS OF THE CPRS: In the “Non-Reunification” portion of the CPRS, a checklist is provided which outlines the circumstances and/or conditions to support the court’s finding that “reasonable efforts to reunify will be detrimental to the child and therefore, reunification services should not be provided.” Select one or more reasons and document. Also, check whether DFCS intends to file a petition to terminate parental rights and if so, when. If the Case Manager indicates that DFCS does not intend to petition for termination of parental rights, the court MAY appoint a Guardian ad Litem with the charge of determining whether termination proceedings should be commenced. If the revised permanency plan is adoption, the Case Plan documents the steps to be taken by DFCS to find (or finalize) an adoptive home (placement) including child-
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    Parent Attorney TrialNotebook specific recruitment efforts to be taken (or already taken); e.g., state, regional and national adoption exchanges/electronic exchanges. If the revised permanency plan is guardianship or permanent placement with a fit and willing relative, the Case Plan documents the steps to be taken (or already taken) to finalize the permanent placement. If the revised permanency plan is to place the child in “another planned permanent living arrangement;” e.g., long-term foster care or emancipation, the Case Plan must also document a “compelling reason” why none of the other, “higher priority” permanency plans, are in the best interest of the child. NOTE: Regardless of the permanency plan, goals and steps must be entered into the Non-Reunification section found on the “Goal Summary” screen. 5. OBTAIN SIGNATURES: In the “Participant and Disclosure” part of the CPRS, have the parent, the child (if appropriate), the SSCM and any others present sign the plan on the day of the family team meeting. If this is not possible, the parent must be given the opportunity to sign within 30 days from the date the child entered care. Add comments to the “Participation” part of the plan should there be any dissenting recommendations of the Judicial Citizen Review Panel, if applicable, and any recommendations of the parents, if such are made. NOTE: If the parents or children did not participate in the development of the case plan, document the reason(s) on the CPRS “Participation” screen. 6. FILE AND COPY: File the original Case Plan for Non-Reunification in the appropriate DFCS case record. The parent’s copy is hand delivered, if possible, at the time of the family conference. Otherwise, the county department sends the Case Plan to the parent by certified mail at the same time that the Plan is submitted to the court. Once the plan is court approved, DFCS will provide copies to the present caregivers of the child (custodian, foster parents, preadoptive parents, or relative), the child (if appropriate), GAL/CASA (if appointed), and any other person significant to the plan (with a signed and written consent of the parent). 7. SUBMIT TO THE COURT: Submit the initial Case Plan for Non-Reunification to the court within 30 days of the child’s removal date. Using the CPRS, notify the judge that the case plan has been completed; i.e., all screens are entered. Click “signal that the court plan is ready for approval” on the “Court Plan Status” screen. This action sends an electronic notification to the judge that the plan is ready for review. If required by the court, the SSCM may use a brief cover letter to transmit the Case Plan to the court,
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    Parent Attorney TrialNotebook retaining a copy of the cover letter in the case record for documentation purposes. 8. NOTIFY PARENT OF HEARING RIGHTS: The CPRS provides written notice to the parent that the court will hold a permanency hearing within 30 days of the receipt of the Case Plan for Non-Reunification to review the county department’s determination that reunification services are not appropriate. CHANGES IN THE COURT-ORDERED PLAN 1007.20 Requirement Should significant changes occur requiring an amendment to the court-ordered Case Plan, the county department shall file a motion for a hearing so that the court may consider the recommended changes, make any necessary findings, modify the Plan and enter a new supplemental order. An interim step may also involve contacting the local Program Coordinator to schedule another Judicial Citizen Review as soon as possible. PANEL CASE REVIEW Federal law requires periodic review of children in care by either a court or an administrative body (a panel). While Georgia’s law establishes Judicial Review, certain cases may be appropriate for Panel Case Review. The requirements and procedures for conducting these reviews are set forth in PL 96-272. The most distinctive feature of Panel Case Review is that it must be conducted by a three- person panel of DFCS staff, at least one of whom is not responsible for the case management or delivery of services to the child or parent. This provision is intended to ensure objectivity in case planning and decision-making. Panel Case Review must be open to the participation of the birth parent and child. Reviews must meet certain periodicity requirements; that is, they must be held no less frequently than once every six months. However, Federal law allows a thirty-calendar-day grace (beyond the six months) to hold the review. The next review date will be scheduled six months from the last date of review. CHANGES TO THE CASE PLAN AND APPEAL RIGHTS 1007.32 Requirement Should it become necessary to make any changes to the Case Plan, the parent is informed in writing of the action and the parent’s right to appeal through an Administrative Hearing process (See LEGAL: Administrative Hearings and Appendix P for “Notification Form for Change in Case Plan/ Services - Placement”).
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    Parent Attorney TrialNotebook Foster Care Services: Placement of a Child Table of Contents Section Heading 1009.1 Placement Planning 1009.2 Placement 1009.3 Parent-Child Visitation at Initial Placement 1009.4 Written Plan for Visitation 1009.5 Standard for Parent-Child Visitation 1009.6 Unsupervised, Overnight Visits Approved by Court 1009.7 Preserving Sibling Connections to their Families 1009.8 When Siblings are Placed in Separate Homes 1009.9 Grandparent Visitation 1009.10 Visits with Significant Others 1009.11 Disruption in Placement 1009.12 Decision to Remove 1009.13 Written Notice to the Parent 1009.14 Emergency Removal 1009.15 Written Notice to Foster Parent of Removal 1009.16 Replacement of the Child 1009.17 Trial Home Placement (Legal Custody Retained) 1009.18 Aftercare and Placement Supervision 1009.19 Time Limits for Aftercare Services 1009.20 Aftercare Case Plan 1009 Placement of a Child The removal of a child from his home represents the most extreme alternative the county department can take to assure a child is protected. Typically, a child entering care feels much self-blame for what has happened. Fears are exaggerated in the child’s mind. Removal is equated with the loss of family, perhaps even permanently. The placement process must be carefully managed in order to minimize the impact of separation and loss experienced by the child. Reunification is more likely to occur when frequent and consistent visitation between parent and child occurs. When the child experiences a disruption in placement and must be replaced, careful planning and preparation must again occur to assist the child in getting through another loss. When safety can be assured for the child, reunification should occur. Aftercare services offer support to the reunified family and better assure that the child can be safely maintained in his/her home.
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    Parent Attorney TrialNotebook PLACEMENT PLANNING 1009.1 Requirement When possible, the parent (or other appropriate member of the family) should participate in the actual placement of the child in the foster home/facility. PROCEDURES In order to help the child adjust to the placement, the following should occur to the extent possible: Have the parent tell the child good-bye, explain that it is O.K. for the child to stay with this family and let the child know when the first parent and child will visit for the first time. If appropriate, encourage the parent to accompany the child to the home/facility. When possible, have the child take clothing, special toys, family photographs/mementos, etc., to help provide a connection to his/her family. Schedule the placement at the time when normal family/facility activities will soon occur and most family members/other children at the home/facility will be present. PLACEMENT 1009.2 Requirement The foster home provider receives the following information in accordance with the specified time frames: A. Form 40 (Agreement Supplement): Signed at the time of placement B. Form 469 (Foster Child Information Sheet): Prior to or at the time of placement C. Medical and Educational Information: As soon as available D. Current Case Plan: As soon as available PRACTICE ISSUES  The Agreement Supplement provides the foster parent and DFCS with a written and dated confirmation of the child being placed into (or removed from) a foster home. A copy is given to the foster parent (with the original being filed in the child’s record). If Form 40 is not provided at the time of placement, ensure that the form is executed and a copy given to the provider on the next business day.  The Foster Child Information Sheet gives the provider written information concerning the child and his/her needs and/or preferences. If such information is not immediately available, provide what information the county department has at the time. Supplemental information can be obtained and shared at a later date. Document in the case record that the Form 469 was given to the provider (with a copy in the case file). If Form 469 is not provided at the time of placement, ensure that the form is executed and a copy given to the provider on the next business day.  It is a federal requirement at the time of initial placement (and each time a child in care moves) that the provider be given updated medical and educational
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    Parent Attorney TrialNotebook information on the child. At a minimum, the information contained in the Case Plan (medical and educational portion) satisfies this requirement. Document in the case record that the placement provider received this information. A copy of the most recent Case Plan is always given to the placement provider. PARENT/CHILD VISITATION AT INITIAL PLACEMENT 1009.3 Requirement If possible, a child initially placed should have a family visit in the first week following placement. If a visit cannot be arranged, then plans should be made for a telephone or written contact during the first week of placement. PRACTICE ISSUE The child’s confusion and anxiety can be greatly reduced by arranging some form of contact with birth family as soon as possible following placement. The child is reassured that the parent is still available and concerned about him/her. Another psychological advantage for the child is that he/she senses parental “permission” for being placed away from the parent. This alleviates much of the guilt most children feel when placed. As always, safety of the child is a paramount concern when considering the benefits of parent- child contacts. WRITTEN PLAN FOR VISITATION 1009.4 Requirement A plan for parental visitation with the child is part of every Case Plan, a copy of which is provided to the parent. Should the Case Manager and supervisor determine that visits are detrimental to the child, the reasons for ceasing visitation must be well documented in the case record, and, whenever possible, be supported by professional opinion or a court order. The parent must have the reason for ceasing or limiting visits explained verbally and in writing. (See appeal rights of parents through the court or through an Administrative Hearing as outlined in Section 1013 Legal.) PROCEDURES If visitation arrangements are specified in a court-ordered Case Plan, then any modification to the visitation schedule may require the filing of a motion to amend the Plan. If the Case Plan is not incorporated into a court order, then any change in the visitation plan must follow the policy contained in Section 1013 Legal, concerning Administrative Hearings. If the county department is contemplating overnight, unsupervised visits, approval of the court must first be obtained. (See Section 1009.6.) PRACTICE ISSUES  It is a right, as well as a responsibility, for the parent to maintain meaningful contact with his/her child while in care. (See Section1013, Legal regarding the court’s
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    Parent Attorney TrialNotebook consideration of the parent’s efforts to maintain contacts and parent-child bonding when a termination of parental rights action is before the court.)  Visits represent the most significant means of developing, maintaining or enhancing parent-child attachment.  The frequency of visits is the greatest predictor of timely reunification.  Generally, the child who is visited makes a more successful adjustment to foster care and experiences a greater sense of well-being than does the child whose parent visits infrequently or not at all.  The county department has the responsibility to reach out to parents and assure that a pattern of regular visitation is established early in placement. Parents may require strong encouragement and support to exercise their visitation rights. The parent who misses visits, shows up late, seems disinterested, etc., may be experiencing great discomfort at having to continually face the reality of having the child taken away. The parent may respond to a better understanding of how important visitation is to the child when encouraged by the Case Manager.  For more successful visits, planning with the child, foster parent and parent in advance of the visit may be helpful. If there are difficulties experienced in relating to the child, the Case Manager may need to assist the parent in developing more meaningful ways of interacting with or relating to the child such as activities, games, etc. The parent and child may need assistance in understanding when and how to end a visit and say good-bye. Post-visit discussions with the child, foster parent and parent may assist in planning for the next visit.  It is anticipated that face-to-face contacts between a parent and child will be stressful. The reasons for placement and separation will surface, along with the feelings on the part of both the parent and child around those issues. Typically, the child will express his feelings through his behavior prior to or following a visit; e.g., aggressiveness, temper tantrums, bed-wetting, angry outbursts, crying, etc. A child who is particularly upset by visits may need additional assistance and support by the Case Manager and foster parent to verbalize his/her feelings about the parent, the reasons he/she is in care, the purpose and expectations of having visits with his/her family, etc.  Visits provide parents with opportunities to practice appropriate parenting behavior and obtain feedback. Parental readiness and capacity for reunification can be assessed and documented in the case record and Case Plan.  An incarcerated parent retains visitation rights. It may be necessary for the county department to arrange for or to provide transportation where agency resources permit. Other forms of meaningful contact can include letters, cards, calls, etc. STANDARD FOR PARENT – CHILD VISITATION 1009.5 Requirement When agency resources allow, visitation shall be scheduled at two-week intervals, unless the court has specified another visitation arrangement.
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    Parent Attorney TrialNotebook PRACTICE ISSUES  The following guidelines should be considered when scheduling parent/child visitation:  The younger the child, the more frequent visitation is needed for the child to maintain a relationship with the parent.  Supervised office visits may offer the best opportunity to assess how visitation affects the parent and the child and the quality of the interaction, especially during the first visits after the initial placement.  Visits should be held in the least restrictive, most relaxed environments possible. Parks, playgrounds, and even the home of the foster parent or parent may offer alternatives to office visits.  Visits should be scheduled taking into account:  Child’s eating, sleeping and activity patterns;  Parent’s work schedule or other responsibilities;  Activities and responsibilities of the home/facility,  Ideally, visits should involve parents in routine activities of parenting such as attending his/her child’s school functions, special occasions and medical check-ups, as well as engaging in feeding, diapering, and other direct child care responsibilities.  Family visits should become more frequent and of longer duration when placement with the parent nears. Visits in the home of the parent are important in the transition from foster care to the home, but require the approval of the court. (See Section 1009.6.) UNSUPERVISED, OVERNIGHT VISITS APPROVED BY COURT 1009.6 Requirement When the county department is considering unsupervised visits, overnight visits between the child and his/her parent, relative or person who: previously had custody; and/or was involved in the maltreatment of the child, THEN prior approval must be obtained from the court. PRACTICE ISSUE Should the court-ordered Case Plan already address unsupervised, overnight visits, approval from the court is not necessary. PRESERVING SIBLING CONNECTIONS to their FAMILIES 1009.7 Requirement Whenever possible, efforts should be made to place siblings together in care to preserve their connections to family.
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    Parent Attorney TrialNotebook 1009.7 PRACTICE ISSUE Placing siblings together lessens separation trauma, eases the stress on their parents, reinforces the importance of family relationships, and facilitates visits and communication between children and their parents. WHEN SIBLINGS ARE PLACED IN SEPARATE HOMES 1009.8 Requirement If siblings must be placed in separate homes/facilities, frequent and regular contact between the children needs to be maintained. There must be documentation in the Case Plan as to why it was necessary to place siblings in separate homes/facilities; e.g., due to the lack of available resources, pattern of disrupted placements, individual needs of the child that could only be met in separate placements, etc. The reason/explanation is documented in the Case Plan item that relates to whether the child is placed in the “most family-like setting.” 1009.8 PRACTICE ISSUES Placement of siblings apart from each other should take place very rarely, and only if placement together would be contrary to the developmental, treatment and safety needs of a given child. Separating siblings compounds the child’s sense of loss and feelings of being disconnected from family. Siblings should share in special times like birthdays, graduation, and other significant family events. Besides face-to-face visits, other forms of contact may include telephone calls and letters. All contacts between siblings are documented in the case record. GRANDPARENT VISITATION 1009.9 Requirement The county department may grant the request of a grandparent to visit the child in care if it is deemed important for the child. Depending on the interaction between the grandparent and the child, the agency can supervise the visits when needed. 1009.9 PRACTICE ISSUES Should DFCS not grant grandparent visitation, the grandparent has the legal right according to O.C.G.A. Section 19-7-3, to petition the court for visitation rights with a minor child when: The minor child’s parents are divorced; The parental rights of either parent have been terminated; The parent of the child is deceased; or The child has been adopted by the child’s blood relative or by a step-parent. Note: “Grandparent” (as used in this provision of the law) refers to the parent of a minor
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    Parent Attorney TrialNotebook child’s parent; the parent of a minor child’s parent who has died, or the parent of a minor child’s parent whose parental rights have been terminated. Reasonable visitation rights between the grandparent and the child may be granted if the court finds: The health or welfare of the child would be harmed unless such visitation is granted; and The best interest of the child would be served by granting the visitation request. VISITS WITH SIGNIFICANT OTHERS 1009.10 Requirement Other family members or friends, with whom the child has had a significant, positive relationship before entering care, may visit when the county department deems it important for the child. PRACTICE ISSUES When parents object to certain individuals having visits with their child while in DFCS custody, the Case Manager needs to understand the reasons for the parent’s objection and determine if such contact is indeed contrary to the well-being of the child. Should the county department arrange contacts despite the objections of the parent, the Case Plan must clearly document all of the reasons for the parent’s objections. The approval of the court must be obtained. When visits with significant others are not supervised, the Case Manager is responsible for assessing the adequacy and safety of the “visiting resource.” (See 1004 Placement Resources, for the outline used in conducting an assessment.) The county department must be notified of and approve all contacts and visits the child has with adult friends and family. DISRUPTION IN PLACEMENT 1009.11 Requirement When the placement resource notifies the county department of possible disruption, all possible efforts must be taken to prevent an abrupt or unnecessary replacement of the child. PROCEDURES The following guidelines are followed when removal is being considered: Whenever possible, assist the placement resource to maintain the child for at least two weeks while another placement resource is being identified/developed. Evaluate with the placement resource the reasons for possible disruption. Determine if additional support services to the placement resource person could alleviate the need for removal of the child. Determine if additional services to the child could alleviate the need for removal of the child. Consult with the Supervisor in making the final decision about removing the child.
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    Parent Attorney TrialNotebook PRACTICE ISSUES The placement resource may request removal due to reasons involving the care of the child or due to circumstances that are beyond the control of the family/facility or child. In any case, the request for removal needs to be explored fully before any action is taken. Since every move compounds the child’s sense of loss, it is essential that resolution be attempted first. DECISION TO REMOVE 1009.12 Requirement Whenever the decision is made to terminate the placement, there must be adequate preparation of the child and placement resource. PRACTICE ISSUES The following steps should be followed in preparation for disruption of placement: During face-to-face contact, the Case Manager, foster parent and the child should discuss the reason for the need to change placement in honest and nonjudgmental language. The Case Manager and the child should talk about possible placement resources and progress in finding an alternate placement. When a child is placed in an Institutional Foster Care facility, facility staff may discuss with the child the reasons for the move and the progress in obtaining alternate placement. If possible, the placement resource should assist the Case Manager with planning for the child’s actual removal. WRITTEN NOTICE TO THE PARENT 1009.13 Requirement In accordance with PL 96-272, the county department must give the parent written notice of the intended change in placement that includes the following information: The parent has the right to object by contacting the Case Manager; and/or The parent has the right to appeal the decision to the Office of Administrative Hearings, if not resolved locally. Unless the parent signs a waiver, no action is to be taken for 30 days to allow the parent sufficient time to appeal. PROCEDURE Mail a copy of the Notification Form for Change in Case Plan/Services – Placement (See Appendix R) which provides the required written notice. 1009.14 PRACTICE ISSUES Should a change of placement be necessary, the parent may respond in one of the following ways:
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    Parent Attorney TrialNotebook  Understand and agree to the change verbally and in writing;  Object to the change, but agree to a meeting with the Case Manager and the Supervisor to discuss the parent’s objections and the reasons for the change; or  Fail to reach a satisfactory resolution as a result of Practice Issue (B), and request an Administrative Hearing. (See Section 1013 Legal.) EMERGENCY REMOVAL 1009.14 Requirement If an emergency situation forces a change in placement, the county department must give written notice to the parent of the change in placement that includes the following information: The parent has the right to object by contacting the Case Manager; and/or The parent has the right to appeal the decision to the Office of Administrative Hearings, if not resolved locally. PROCEDURES  When circumstances dictate the emergency removal of the child, the Case Manager takes the following steps:  Obtain approval of the emergency action by the County Director/designee within two (2) working days of the action.  Mail a copy of the Notification Form for Change in Case Plan/Services – Placement (See Appendix R) within three (3) working days of the action taken.  Should the parent object to the change, arrange a conference with the parent, the Case Manager and the Supervisor to discuss the parent’s discussion and the reasons for the change.  If the conference does not resolve the parent’s objection, explain the parent’s right to an Administrative Hearing. (See Section 1013 Legal.)  Document the case specifics of the emergency situation. WRITTEN NOTICE TO FOSTER PARENT OF REMOVAL 1009.15 Requirement When it is the agency’s decision to move a child from a foster home, the foster parent is given in writing a ten-day notice of intent to move the child prior to moving him/her. (EXCEPTION: No advance written notice is necessary if the child is clearly at risk and must be removed for safety reasons.) PROCEDURES Depending on the circumstances of the agency removal of the child, notice is provided to the foster parent in the following ways:
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    Parent Attorney TrialNotebook  If a move is planned due to circumstances within the foster home or to the foster parent’s inability to meet the child’s needs, notify the foster parent in a letter and provide an explanation that:  During this period of time, the foster parent is given the opportunity to consider the move. If requested by the foster parent, the ten-day wait may be waived.  If the foster parent believes that the move is not in the best interest of the child, the foster parent may file a grievance. The child may not be moved until the grievance is resolved. NOTE: A return to the birth family or a court-ordered placement is not a grievable issue. (See Foster Parent Manual for forms and instructions for filing a grievance.)  If a move is anticipated due to the decision to terminate parental rights and seek a permanent home, then notify the foster parent via Form 149 (Notification to Foster Parents of Intent to Petition for Termination of Parental Rights) of the county department’s plan and the options of the court regarding permanent custody of the child.  When rights have been terminated (or surrendered) and the search for an adoptive home is planned, then notify the foster parent via Form 150 (Foster Parent Affidavit for Consideration of Adopting Foster Child Currently in Home) to make an informed decision regarding an interest in adopting.  When the staffing is held to make placement plans for the child, provide the foster parent with Form 151 (Foster Parent Notification of Decision Regarding Adopting the Foster Child Currently in Home) and ask the foster parent to complete and return within 30 days of the staffing regarding his/her interest in being considered to adopt. REPLACEMENT OF THE CHILD 1009.16 Requirement In selecting a placement resource, the Case Manager and the Supervisor must carefully evaluate the type of placement needed by the child utilizing the criteria in Section 1004 Placement Resources. PROCEDURES Engage the child in a pre-placement discussion and visit at the selected placement resource. (If possible, have the parent participate in the process.) Provide the child with an opportunity of saying “good-bye” to the foster parent and other family members or to important facility staff and peers. Give the placement resource, in writing, as much information about the child as possible. At a minimum, the foster parent receives the following in accordance with the specified time frames.  Form 40 (Agreement Supplement)  Form 469 (Foster Child Information Sheet)  Updated Medical and Educational information
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    Parent Attorney TrialNotebook  Most recent Case Plan Give the facility resource, in writing, as much information about the child as possible. At a minimum, the provider receives the following in accordance with the specified time frames: Form 448 (Institutional Foster Care Agreement) Updated Medical and Educational Information Most recent Case Plan Any additional child information that may or may not be already included in the Application materials. 1009.16 PRACTICE ISSUES 1. All moves experienced by a child will revive earlier feelings associated with past separations and entry into care. Helping a child express his/her feelings and concerns, as well as find appropriate ways to grieve, will make the replacement go smoother. 2. The selection of the best possible placement resource capable of meeting the child’s needs, is enhanced when there are several resource options from which to choose. Ideally, pre-placement activities should be as thoughtfully planned as a child’s initial placement into care under non-emergency circumstances. TRIAL HOME PLACEMENT (LEGAL CUSTODY RETAINED) 1009.17 Requirement If part of the Case Plan and if approved by the court, a trial home placement may be considered as preparatory step for reunification when: The risks for maltreatment have been sufficiently alleviated/resolved so that the child’s safety can be ensured in his own home; AND The court has approved or directed the placement prior to the retransfer of the child’s physical custody. PROCEDURES Conduct a face-to-face meeting with the parent and child of appropriate age/level of functioning, to discuss the planned home placement. Ensure that the Case Plan addresses the specific goals/steps that reflect the conditions for the child to be safely maintained in the home. Notify the court so that the court can approve or direct the placement prior to returning physical custody of the child to the parent/relative/person who previously had physical custody and/or was involved in the maltreatment of the child. 1009.17 PRACTICE ISSUES A trial home visit should never be attempted unless the placement is expected to be successful. It will require careful planning and preparation prior to and following the reunification.
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    Parent Attorney TrialNotebook Wraparound and other support services need to be provided and/or arranged to support the reunified family such as counseling, child care, financial assistance, health care, housing, in-home services, etc. See Eligibility Section 1003, regarding a child maintaining IV-E eligibility if the trial home visit is less than six months (or other time frame ordered by the court), and it becomes necessary for the child to re-enter care. The child needs to be prepared so that the transition is as smooth as possible. The Case Manager should discuss the move soon enough to allow time for adjustment and should give information about the actual date, time, circumstances, etc., of the move. The child should know how the Case Manager would continue to be involved with the child and family. AFTERCARE and PLACEMENT SUPERVISION 1009.18 Requirement When the court has transferred custody of a child to his/her parents or other custodian, the county department may only provide aftercare services/placement supervision by court order. In the event that the child’s return to the parent is the result of the parent signing a Form 518 (Termination of Voluntary Agreement to Place Child in Foster Care), aftercare services are dependent on the willingness of the parent to participate. TIME LIMITS FOR AFTERCARE SERVICES 1009.19 Requirement When the physical and legal custody of a child has been returned to the parent/relative, the Case Manager may provide aftercare services up to 12 months (or longer, if ordered by the court) to support the reunified family. 1009.19 PRACTICE ISSUES Post-placement activities assist the family in adjusting to the placement and in assuming full responsibility for the child. Services may be provided to or arranged for the family through referrals to community agencies. Monitoring the child during post-reunification focuses on safety issues as well as the provision of care that meets the child’s basic needs. AFTERCARE CASE PLAN 1009.20 Requirement An Aftercare Case Plan is mutually developed and periodically reviewed to address the specific goals/steps for the child to be safely maintained in the home.
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    Parent Attorney TrialNotebook PROCEDURES  Arrange a meeting or family conference to discuss services needs of the reunified family.  Identify the specific goals and steps that the family must meet in order for the child to be safely maintained in the home.  Monitor the child in placement by making monthly face-to-face visits (See contact requirements in Section 1011 Service Needs of the Child.)  Document with sufficient detail the parent’s progress with achieving the Case Plan goals and in meeting the needs of the child.  Discuss the termination of agency supervision and services with the parent in a family conference or face-to-face visit once the home is stable and/or the period of court-ordered supervision expires.  Provide referrals, as needed, to other agencies/programs for the family to maintain the health, safety and well-being of the children. Foster Care Services: Legal CLIENT ACCESS TO RECORDS The right of a parent to have access to information in the case record is one of the provisions outlined in a Federal consent order signed as a result of the J.J. v. Ledbetter class action suit. If any conflict exists between this Manual section and the Federal consent order, the provisions contained in Appendix P shall control. 1013.2 Requirement Any parent/guardian of a child for whom Department has placement authority, is entitled to receive copies, upon request, of all the following portions of the case record pertaining to the parent/guardian and the child: 1. Contact sheets summarizing information observed or given orally by parents and others to the Case Manager except as expressly prohibited (see below). 2. Family Assessment, 30-Day Case Plan (Form 389), Case Review (Form 390), Written Transitional Living Plan (Form 391), Social Services - Case Plan (Form 387), Case Plan: Goals and Steps (Form 388), Case Review Summary. 3. Other summary reports prepared by county department staff. 4. Court petitions and orders. 5. Service plans, goals and objectives, and service agreements other than those in 2 above.
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    Parent Attorney TrialNotebook 6. Pictures of abuse and neglect (pictures may be viewed by the client and/or his attorney at reasonable times arranged with the Case Manager. The following portions of the case record shall not be released to the parent/guardian by the county department: 1. Any initial or corroborating reports of child abuse and neglect or information in the case record quoted from third parties constituting a direct report of child abuse or neglect. 2. Medical records (e.g., hospital records or physicians’, psychologists’, psychiatrists’ evaluation and treatment summaries). 3. School records. 4. Information from other public and private agencies, including other DHR agencies. 5. Reports, correspondence, or verbal quotes from privileged sources, such as psychologists, psychiatrists, ministers, etc. 6. Information from or about a spouse or other adult family member without a written authorization from the person(s) involved. All other information in the case file not excluded by this section will be released to the parent/guardian or legal representative of the parent/guardian upon presentation of a duly signed authorization. 1013.2 PROCEDURES 1. Give the parent the form, “Information Which May Be Maintained in Case Records by County Department of Family and Children Services,” when the case is opened (See Appendix P). 2. Explain this form to the parent, preferably during a face-to-face contact. Otherwise, provide a written explanation. 3. Document on the Form 452 that the form and the explanation have been given to the parent. 4. Remove or obliterate any information that cannot be released by the county department prior to the parent or the parent’s attorney seeing the case record or receiving copies of releasable portions. 5. Provide free of charge copies of the 30-Day Case Plan, Family Assessment, Case Review, Written Transitional Living Plan, Social Service - Case Plan, Case Plan: Goals and Steps, Case Review Summary, and any document other than the above which constitutes a case plan or service agreement generated by the county department when requested by the parent or attorney. 6. Provide all other releasable material at a cost of no more than .25 cents a page, advising the parent in advance of the cost. Establish procedures in the county department to ensure the accountability for any funds collected. 7. Provide the releasable material to the parent within ten working days of the receipt of the oral or written request. Provide a general statement if any of the information cannot be released, informing the parent of the type of information being withheld
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    Parent Attorney TrialNotebook and why. 8. Provide a list of primary sources and a general statement of the type of information each source produced if the parent requests to review or have copies of information the county cannot release. Give the form, “Non-Objection to Subsequent Release of Information by Primary Sources” to the parent (See Appendix P). 9. Obtain a written authorization from each adult family member before releasing information about him or her. ADMINISTRATIVE HEARINGS As a result of the J.J. v. Ledbetter class action suit, parents of children in DFCS custody are provided due process rights of appeal. (See Appendix P for details regarding the suit and the provisions of settlement.) Specifically, a parent may request a hearing whenever there is disagreement with an agency decision to “deny, reduce or terminate a social service or visitation.” The appeal process for the parent is handled by an Administrative Law Judge (ALJ) with the Office of State Administrative Hearings (OSAH). The ALJ conducts the hearing and issues a decision that is binding upon DFCS. If the parent is not satisfied with the initial decision, the parent may appeal to the DHR Legal Services Office for a final administrative decision. Further appeal rights are afforded parents through a separate legal action outside of the Department of Human Resources. Special Note: When a parent disagrees with a decision or a service which is part of a court-ordered Case Plan (or a Plan being submitted to become an order of the court), the appeal rights of a parent are exercised through juvenile court, rather than through an administrative hearing process. While the number of administrative hearing requests are few in Placement cases, other programs such as Adoption Assistance and Child Care, follow the same hearing procedures outlined in this section. If any conflict exists between this Manual section and the Federal consent order in Appendix P), the terms of the consent order shall control. 1013.3 Requirement The county department shall not limit or interfere with the parent’s freedom to request an administrative hearing when the parent disagrees with any of the following decisions: 1. A social service is denied, reduced or terminated; 2. Visitation (or transportation to visitation) is being denied, reduced or terminated; 3. A determination is being made that the parent must participate in a service as outlined in the Case Plan (not court-ordered); 4. The county department has failed or is unable to provide/arrange certain services and supports as specified in the Case Plan (not court-ordered); or 5. A change in the Case Plan (not court-ordered) is being made. 1013.3 PRACTICE ISSUES 1. Counties should develop procedures to resolve differences without a hearing. The procedures should include how the county department will take prompt action to
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    Parent Attorney TrialNotebook resolve complaints, beginning with the Case Manager reviewing the situation with the parent. 2. If the issue is not resolved locally and/or if the parent requests an appeal, the request should be processed in a timely manner in accordance with the outlined procedures. 3. With respect to the “denial, reduction or termination of a social service” as a basis of appeal, the “services” are those which may be requested by or previously received by the parent. They may be provided directly by DFCS staff or purchased/paid for by the county department. NOTICE TO THE PARENT 1013.4 Requirement The parent shall be informed in writing at the time of any agency action denying, reducing or terminating social services or reasonable visitation (See Requirement 1013.3). The written notice includes: the parent’s right to appeal the change or decision within 30 days; information on how to obtain a hearing and how to be represented by legal counsel, a friend or other spokesperson. 1013. 4 PROCEDURES 1. Provide notice to the parent with the form, “Notification Form for Change in Case Plan/Services - Placement” (See Appendix P). 2. Maintain a copy of the completed form in the case record for documentation purposes. 3. Implement the agency’s decision if the parent formally accepts the proposed change and waives his/her right to a hearing by signing the “Waiver of Administrative Hearings - Placement” (See Appendix P). 4. DO NOT IMPLEMENT the agency’s decision/proposed change if the parent requests a hearing (See 1013.5 for procedures). REQUESTING A HEARING 1013.5 Requirement The county department shall have the responsibility to assist the parent, as needed, in requesting an administrative hearing. This includes:` providing the necessary form, explaining the time factors and, if necessary, facilitating the completion of the written request. 1013.5 PROCEDURES 1. Accept the oral or written request from a parent for an administrative hearing which may be made to DFCS or to the DHR Legal Services Office within 30 days of the date of the “Notification Form.” 2. Explain to the parent that oral requests for an administrative hearing must be followed by a written request within 15 days from the date of the “Notification Form”.
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    Parent Attorney TrialNotebook 3. Use the form, “Request for Administrative Hearing - Placement,” as the written request (See Appendix P). 4. Stop any planned change or decision whenever a hearing is requested until the entire appeal process has been completed. EXCEPTION: Should an emergency threaten a child’s health or safety, emergency action may be taken to protect the child. The County Director/designee must approve the emergency action within two (2) working days. The parent must be provided written notice of the emergency action and the reasons for it, including information about the parent’s right to appeal. Such notice must be mailed to the parent within three (3) working days of the action. 5. Accept a request for appeal when the parent believes a change or a decision has been made by the agency without following the required procedural guidelines. PROCESSING THE REQUEST for a HEARING 2102.16 Family Visitation for Children in the Department’s Custody Requirement Plan all visits required to meet the visitation standards listed in the following Procedures/Practice Issues. Procedures/Practice Issues Consider the following points when planning visits: A child placed in the department’s custody should have a family visit in the first week following placement, if possible;  If a visit is not possible, arrange for a telephone or written contact during the first week of placement;  The younger the child, the more frequent visitation is needed for the child to maintain an emotional attachment and relationship with the parent;  A parent has the right to visit the child until the court severs their parental rights or rights are voluntarily relinquished. Where agency resource permits, schedule visits at two- week intervals (supervised visitation may be indicated);  Grandparents have the right (O.C.G.A. 19-7-3) to petition the court to visit grandchildren under certain circumstances (see Foster Care Policy1009.9) and,
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    Parent Attorney TrialNotebook  In the rare instances that a parent’s visits appear detrimental to a child, obtain a professional opinion and court order that visits should stop. Document this in the case record. For additional information on visitation, see Foster Care Services Manual, Chapter 1009. 2104.15 Confidentiality of Reporter Information Requirement Never reveal the identity of the reporting source to the subjects of the report (O.C.G.A. 49-5- 41). Procedures/Practice Issues Although a person may sometimes guess correctly who made a report, do not confirm this. Direct attention back to the allegations and to determining whether there is evidence to support them. 2109.5 Release of Information to Parents Requirement All legal parents and legal guardians of children, for whom a protective service case record has been opened, are entitled to information from that case record. Procedures/Practice Issues Legal parents (including non-custodial parents) or legal guardians are entitled to access the CPS case file. Accessing the case file means reading the case record and/or having copies of material from the case record. Accept a verbal request for information from parents/legal guardians. A signed release from the parent/guardian is required for requests made on their behalf by an attorney. Consult with the county=s Special Assistant Attorney General (SAAG) when legal issues occur concerning releasing information to a parent/guardian. If the SAAG is unavailable, refer concerns to the division's legal services officer. Prior to release, edit case information in accordance with the guidelines found in Appendix B of this chapter. These guidelines are the same as those established to meet the mandates of the JJ Consent Order for children in agency custody. The provision of the JJ Consent Order which requires that parents/guardians receive written notice of their right to information applies only to cases in which a child is in the agency's
  • 291.
    Parent Attorney TrialNotebook legal custody. Written notification of the right to information, if the agency only has an open child protective services case is not required. Establish procedures that assure that parents/guardians are given written notification of their right to information at the time a child is placed in agency custody. (See the Foster Care Services Manual, Section 1013.2 and Appendix P-CL 86-1 for instructions.) Release of Information When Parent/Guardian is Alleged Maltreater If the parent/guardian requesting the information is the alleged maltreater, additional decisions are required prior to allowing access to case files.  First determine if the release of information will put the child at risk of harm. If risk will likely occur to the child, information should not be released.  If the child will not be placed at risk, contact the District Attorney or local law enforcement to determine if criminal action is likely to be brought against the parent. Case material is not released if law enforcement officials believe that the criminal case will be placed in jeopardy. Release of information when the alleged abuse occurs in a third party setting Information may be shared with parents when their child was abused in a third party setting: e.g. a school, child care center or residential facility. Parents may request information if their child is interviewed, as part of an investigation being conducted in such a setting, even if their child was not abused. In this case, information that an investigation is occurring may be released, and non-identifying information concerning the outcome of the investigation after it is completed may be shared. Instructions for releasing information Follow these steps when releasing information to a parent/guardian:  Provide copies of the following at no charge: Form Safety Plan Case Review Forms/Summaries Service Plan, Goals and Objectives Service Agreements Court petitions and orders  Provide any other releasable material at a cost of no more than 25 cents a single side and/or duplex page. Advise the parent in advance of the cost of items that are not free and that payment for material is made upon receipt. Payment may be requested in advance of copying. Establish procedures within county departments to assure accountability for any funds collected;  Edit information provided to the parent. Obliterate any information not releasable. Accompany expunged portions by a statement informing the parent of the type of report or information being withheld and why;  Provide releasable material to the parent within ten (10) working days of the receipt of the oral or written request;
  • 292.
    Parent Attorney TrialNotebook  If the parent originally or later requests to see/review information which the county department cannot release, give the parent a list of primary sources and a general statement of the type of information being withheld. Complete the "Non-Objection to Subsequent Release of Information by Primary Source" Form and give this to the parent/guardian (See Section X, Forms); and,  Information in the case file on a spouse or other adult family member will only be released with a written authorization signed by the person that the requested information concerns. MENTAL NOTE: 03/17/2015 Call incident in to the abuse registry for proper documentation. 03/09/2015: Parent Aide, Patsy Clyne stated that DFCS told her that I needed to start meeting Jayden at the Empowerment Office or a library due to Jayden's allegations, and to assure I'm not coercing him in any type of way. She further stated that I'm not allowed to ask if he's safe in lieu of his allegation 03/03/2015 noting otherwise. She also stated that I'm not allowed to ask about his foster family, which I never have, I have only asked and assisted Jayden in praying for himself, our family, and his foster family during our visits. Before he eats, he always says "Thank you YAH for providing, please bless my grandma, I love my grandma, and please let the people know that I want to go back to my grandma!" Patsy, also stated that I was disallowed to ask if he feels safe or happy. 02/17/2015-Noticed bruised scarring, About 2 inches long, and 1/2 inch wide on his left rib cage. Possibly resulting from his on-going cold which progressed into pneumonia like symptoms. Since the on-set of foster care placement; Jayden continued to display worsening symptoms of coughing, cold, mucus, and an increased temperature for approximately 7 weeks. 03/03/2015 was the first sign of improved health, as he was finally taken back to the doctor due to my aggressively pleading for further medical attention.
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    Parent Attorney TrialNotebook Ironically, after that doctors visit, he was noticeably better. In fact, Jayden described going through a tunnel and being squeezed, and being squeezed on his arm for his blood pressure. Donna referred to me as crazy, yet she chose to live with this crazy woman off & on for several of her adult years. Documentation by Dyami even speaks words of praise, referring to me as an excellent caregiver to Jayden, and that was after I slapped him. I'm accused of coercion and being emotionally and mentally unsafe to my grandson. Yet my grandson has caught shear HELL living under DFACS' version of safety. Even after "he" reported whoopings and dunking not only to himself, but even worse to the other kids, DFACS continued to keep him in the environment to prevent replacing all children. DFCS is violating the Temporary Protective Order by not allowing me to inquire of my grandson's safety, after he has knowingly disclosed safety issues. I feel the documentation trail of Jayden's foster care process should be admitted as evidence, since this is an evidentiary hearing, dates and processes should be notated at the time of occurrence, not post-dated after the fact. I feel this is necessary since his safety has been compromised while in the foster care system, and it is the reason we are here today! Doing so will show that the DFACS organization is guilty of violating the very TPO which they proactively and haphazardly put in place. On 12/09/2015 Krystal Leonard, rudely made an un-announced visit where she hand-delivering a document that was incomplete in it's entirety. Not only was the Georgia Safety Plan missing the date, she refused to talk to me about it, although the discovery information denotes otherwise. She falsified my refusal to sign it to protect the content within the document which states "Date discussed with caregiver". By doing so, it creates a negative perception of myself, and removes the responsibility to act professionally and make sure the document is "clarified" to me the caregiver. The form also skipped over all of
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    Parent Attorney TrialNotebook the preventive measures prior to taking proactive measures for the removal of my grandson. In fact, I begged her in front of the (2) Aaron Rental, delivery men which I paid case to purchase my furniture. She failed to discuss the form with me, after I asked her to come back later or tomorrow. Even though she was rude to me, as she stormed off, I told her how pretty she looked that day, as her hair was curly and pulled up. She barely said thank you! The ONLY craziness I have is being crazy about my children and my grandson. And I'm willing to do anything to keep them safe as children and even as adults. I've intervened on several occassions on my daughters behalf when she placed herself in unsafe situations during her relationships, even concerning Dyami Watson. Ask Det. Fountain: He stated that Jayden didn't disclose an outcry, didn't know above, below, or on top of, or body parts. He further stated that he could remember details of the events further down the line through couseling, or just as he gets older. Det. Stoddard: Showed no interest in trying to prove the case whatsoever, and used CPS officials to support and encourage NOT questioning Jayden based upon his recent, yet prior accusations during that time frame. I felt that was a bad call, as we were denied our constitutional right to share pertinent details about the events which occurred. Especially since the on-going accusation has been that he will only disclose anything to me. For that reason, regardless of how many events are reported, it's still necessary to properly report the events at the time they occur for proper validity of how they took place, rather they're believed or not. He could very well be reporting a place which has had on-going safety issues that have gone unreported by other children, which seem to be the case in the foster care system. Overall, there appears to be a lot of safety glitches in the foster care, visitation, and transition process when children are removed.
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    Parent Attorney TrialNotebook I believe this whole case is a situation which has been blown out of proportion, an over-reaction by DFACS because they want me and my grandson to "shut up" about his initial allegation of sexual molestation. That first event on 11/05/2011 was improperly handled not only by DFACS, but CHAO, and the Gwinnett County Police Dept, as it was not handled in the same "legal" format as the others. ALL of the named agencies used my grandson's young age to detour and/or prevent thoroughly investigating his first allegation. Rather than investigate the report of molestation, they chose to further create resistance within our family, just as they're doing now, by creating a further wedge between my daughter and I. Throughout this case, and during Jayden's foster care, DFACS has shown bias towards my daughter in how they share issues concerning my grandson, and how we are allowed to communicate with the foster mom, and where & how our visits take place. For instance, on 03/10/2015, I was told that I could no longer meet Jayden at restaurants, that I need to meet at more private locations like the Empowerment office or a library, choosing placing that are more difficult for me to get to, which could create inconvenience or disallow the visits for those reasons. ELABORATE BY MAKING A SEPARATE PARAGRAPH ENTITLED "VISITATION"- -while making the mandated monthly visit for March, Sakeidra said it was Okay if she didn't visit him often, since she's in South Georgia. Then she (Sakeidra) actually became very defensive with me when I suggested DFCS' assist my daughter in seeing Jayden to promote a stronger bond between them. Yet after telling me that transportation was provided throughout the visitation process, she changed that stance after our last court hearing 02/05/2015 CONFIRM, stating that I needed to show effort on my behalf to assure that I really want to see my grandson. Just another ploy to make things difficult for my visitation with Jayden. I've never missed a visit regardless of the inclement
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    Parent Attorney TrialNotebook weather experienced every Tuesday for our visits. After asking exactly what am I being accused of, what's the reason for Jayden's removal, and Sakeidra stated that with my daughter's molestation, LaDonna Stewart that I was too reactive, but with Jayden, that I've been too proactive, and it has crossed what appears to be safety boundaries. I then asked her, why couldn't previous DFACS workers dating back to his 2nd allegation tell me what she just told me, so that "we" could've prevented this day & time. Her response was that she couldn't explain why any previous DFCS caseworkers handled things differently. I then replied that at any point Krystal Leonard or Teresa Winfrey could've told me that I was crossing those boundaries. I feel DFCS wanted to take Jayden to prove a point, and now he is really in an unsafe environment, and an official inmate of the DFACS judicial system. Discovery information also stated how Jayden cried for several days after being removed. FIND--Shows trauma, mental & emotional abuse. All because of a recording, and for the unproven accusal of coercion. I SEPARATE PARAGRAPH FOR BIAS & REASONS. DFACS is more comfortable and pro giving Jayden back to my daughter, not only because she's the "biological" Mom, but primarily because she's not giving them the grief I am about this entire process. I've never been against my daughter. MENTAL NOTE: If there was ANY validity to the accusations made against me, why the need for 19 testimonies to confirm Psalm 4:1 Answer me when I call, O God, defender of my cause; *you set me free when I am hard-pressed; have mercy on me and hear my prayer. 02/17/2015-Noticed bruised scarring, About 2 inches long, and 1/2 inch wide on his left rib cage.
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    Parent Attorney TrialNotebook After several attempts, finally gotit to sync to my PC, It shows as a headsetand media player. Won'tallow you to send/receive files. Only says "charging", powering off! Tracking ID: 1Z26X36E2630926681 BESTOPE Mini Best Portable Waterproof Wireless Bluetooth Shower Speaker Ipx4 Handsfree Speakerphone Compatible, Bulit-in Microphone Hands-free , with All Bluetooth Devices for Outdoor Sports and Cell Phone Car Kit and Computer (Red) This item came much sooner than expected and I'm very disappointed the productdoesn'tperform as itis advertised. Good sound, butyou can'tsend or receive any files to the device,in order to listen. Also, my PC doesn'teven show the USB is connected, therefore, you can'tsend files that way either. After several attempts, finally gotit to sync to my PC, It shows as a headsetand/or media player. Won'tallow you to send/receive files. Only says "charging", powering off, charge complete etc. However, it's very cute, reminds me ofa ladybug, that's why I chose red!LOL And the device came,a day earlier than scheduled. Getting a refund. cwooten@scsac.org----Southern Cresent DFCS urges community to recognize signs of child abuse March 31, 2008 ATLANTA (GA) – In Georgia there were more than 50,000 cases investigated for child abuse and/or neglect last year. And tragically, many more cases never get reported. Child Abuse Prevention Month is April, and the Division of Family and Children Services is making a statement statewide, to bring about more awareness. Throughout the month of April local DFCS offices in all of Georgia’s 159 counties will recognize Child Abuse Prevention Month by participating in “Pinwheels for Prevention.” To help raise local awareness, one colorful pinwheel will be placed on the grounds of county courthouses across the state for each abused or neglected child in the county. DFCS administrators see the pinwheels as visually striking ways to help the community understand the prevalence of child abuse and the sheer number of children dealing with its consequences. DFCS also hopes that through various month long community activities, people will be moved to get involved in some way to help prevent abuse to children. “We really need the public to be our eyes and ears in helping to protect children,” said Isabel Blanco, deputy director, Division of Family and Children Services. “Many times concerns are brought to DFCS’ attention before family circumstances rise to the level of child abuse and neglect. When this happens, we are able to provide family support services to address the problems and, overtime, bring stability to the family and safety to the child.” What you can do: Prevent Child Abuse America has developed the “Five Rs” which can help individuals better understand the role they can play in child abuse prevention.
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    Parent Attorney TrialNotebook Raise the issue: Call or write your elected officials to educate them about issues in your community and the need for child abuse prevention, intervention, and treatment programs. Reach out to children and parents: Supporting kids and parents in your own family and in the extended community helps reduce the likelihood of child abuse and neglect. Remember the risk factors: Child abuse and neglect occur in all segments of our society, but the risk factors are greater in families where parents abuse alcohol or drugs, are isolated from their families or communities, have difficulty controlling their anger or stress, appear uninterested in the care of their children, and have mounting personal problems. Recognize the warning signs: Some of the warning signs include: children who are overly aggressive, children who are often hungry, children who have mysterious or unexplainable bruises, children who are unsupervised or left home alone frequently, children who aren’t adequately dressed for the weather, children who have low self-esteem, children who show interest in sex that’s not appropriate for his or her age. Report suspected abuse or neglect: If a person suspects a child is being abused, report it to the county DFCS office or your local Police Department. For information contact: Beverly Jones, 404-657-1387 bjjones2@ Online Directives Information System (ODIS)  Home   Manuals   Search   What's New   Help   Glossary   Login Directives Index >> Division ofFamily and Children Services >> Childcare and ParentServices SUBJECT POLICY MANUAL Childcare and Parent Services POL3540 MAN3540
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    Parent Attorney TrialNotebook Overview | News & Events | Conferences |Children andthe Law | Member Search DFCS Foster Care Policies as of August 2014 Introduction Placement of a Child Placement of a Child via Voluntary Placement Agreement Changes in Placement Placement Resources Relative-Non-Relative Care Assessments
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    Parent Attorney TrialNotebook Placement-Re-Placement Safety Screenings Financial and Non-Financial Supports for Children in Foster Care or Who Have Achieved Permanency Six and 12 Month Reviews of ERR,RCS, SG, NRSG Payments Comprehensive Child and Family Assessment Medical, Dental, and Developmental Needs Psychological and Behavioral Health Needs Educational Needs Spiritual, Social, and Recreational Needs Child Safety Equipment Childcare Needs Service Needs of an Immigrant Child Purposeful Contact Requirements Visitation Preserving Sibling Connections Minor Parent Expecting or Who Has a Child While in Foster Care Permanency Planning Case Planning Missing Children Youth Absent Without Permission Conditions for Return Case Closure "Protecting children and promoting their well-being through excellence in courtroom advocacy."
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    Parent Attorney TrialNotebook GACC is an affiliate of the National Association of Counsel for Children GACC Attn: Jane Okrasinski 145 Three Oaks Drive Athens, Georgia 30607 Phone: 706-546-8902 Email: info@gaccchildlaw.org Overview | News & Events | Conferences |Children andthe Law | Member Search Child Law Resources There are many great resources available to child law practitioners in Georgia. This page collects some of those resources for ease of reference for our members and the child law community in Georgia. Child Welfare Trial Notebook The Supreme Court Committee on Justice for Children, working with a team of GACC members, has produced a Child Welfare Trial Notebook for attorneys working in dependency and child in need of services cases in Georgia's juvenile courts. This document is fully up-to-date, incorporating the provisions of Georgia's new juvenile code. The trial notebook has been updated as of October 2014. There are now 3 different options: Full version of the Child Welfare Trial Notebook Condensed version Code companion version Updated Foster Care Policies DFCS has recently updated their foster care and independent living program policies and related forms. Click here for an index of general foster care policies and links to the policies (Effective August 2014). Click here for an index of foster care forms and links to the forms.
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    Parent Attorney TrialNotebook Click here for an index of independent living program policies and links to the policies (Effective November 2014). Sample Forms and Motions for Foster Care Services after 18 Thanks to members from DeKalb County for sharing their protocol and sample motion and order for independent living services cases for children in foster care after they turn 18. Pretrial Procedures Here's a standing order from Enotah Judicial Circuit laying out pretrial discovery and evidence issues. Delinquency Guides The manual Representing the Whole Child was produced by the Southern Juvenile Defender Center. It is a little out of date, but still provides a good overview for those working in the delinquency system. Another good resource is the Ten Core Principles from the National Juvenile Defender Center. Georgia Appellate Law The Supreme Court Committee on Justice for Children produces summaries of all Georgia Court of Appeals and Georgia Supreme Court cases involving child welfare, and some cases involving delinquency. Here are the most recent summaries: Note: No cases regarding Georgia's new juvenile code, which took effect on January 1, 2014, have been decided at the appellate level yet. Please compare the old and new provisions of law before citing to these cases. There were no Deprivation/Dependency cases decided in December 2014 or January 2015. November 2014 Deprivation/Dependency cases can be found in two files, here and here. October 2014 Deprivation/Dependency cases are
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    Parent Attorney TrialNotebook in two files, here and here. No relevant cases were decided in August or September of 2014. July 2014 Deprivation/Dependency Cases June 2014 Deprivation/Dependency Cases No relevant cases were decided in April or May of 2014. March 2014 Deprivation/Dependency Cases February 2014 Deprivation/Dependency Cases 2015 Report on Child Welfare Failures A new report from the Children's Advocacy Institute, "Shame on U.S." highlights failures of federal and state agencies responsible for child welfare law. You can find the full report here, or the executive summary here. Complex Trauma Resources Recently, a collaboration between the Carter Center, Casey Family Programs, the Supreme Court Committee on Justice for Children, the State Bar of Georgia's Child Protection and Advocacy Section, and Goshen Valley Boys Ranch has created a series of summits on the kinds of complex trauma children in the juvenile court system experience. Visit the complex trauma website for resources and to watch video of summit presentations. Domestic Violence Fact Sheet This fact sheet from our friends at the National Counsel of Juvenile and Family Court Judges provides a great overview of the issues of exposure of children to domestic violence. Help for Teen Parents Here are some resources for teen parents in foster care from the Teen Parent Connection: a brochure on their services and a know your rights brochure.
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    Parent Attorney TrialNotebook Special Education Resources You can find lots of great information related to special education law at www.wrightslaw.com. Georgia Child Welfare Legal Academy The Georgia Child Welfare Legal Academy is a series of trainings from a wide range of experts on topics relevant to juvenile court practitioners. It is co-sponsored by the Supreme Court Committee on Justice for Children and the Barton Child Law and Policy Center. All sessions are archived on video and many of the presentation handouts are also available on the Georgia Child Welfare Legal Academy web page. Appealing a Case from Juvenile Court Our friends at the Parent Attorney Advocacy Committee have created some excellent resources to support attorneys appealing cases from juvenile court. While it was targeted to dependency and termination of parental rights, it contains a lot of helpful information for all types of juvenile court appeals. The training presentation can be accessed here, and other resources are available here. "Protecting children and promoting their well-being through excellence in courtroom advocacy." GACC is an affiliate of the National Association of Counsel for Children GACC Attn: Jane Okrasinski 145 Three Oaks Drive Athens, Georgia 30607 Phone: 706-546-8902 Email: info@gaccchildlaw.org Pretrial Procedures Here's a standing order from Enotah Judicial Circuit laying out pretrial discovery and evidence issues. O.C.G.A. 15-11-170 (2010) 15-11-170. Short title; purpose
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    Parent Attorney TrialNotebook (a) This article shall be known and may be cited as the "Georgia Child Advocate for the Protection of Children Act." (b) In keeping with this article's purpose of assisting, protecting, and restoring the security of children whose well-being is threatened, it is the intent of the General Assembly that the mission of protection of the children of this state should have the greatest legislative and executive priority. Recognizing that the needs of children must be attended to in a timely manner and that more aggressive action should be taken to protect children from abuse and neglect, the General Assembly creates the Office of the Child Advocate for the Protection of Children to provide independent oversight of persons, organizations, and agencies responsible for providing services to or caring for children who are victims of child abuse and neglect, or whose domestic situation requires intervention by the state. The Office of the Child Advocate for the Protection of Children will provide children with an avenue through which to seek relief when their rights are violated by state officials and agents entrusted with their protection and care. Disclaimer: These codes may not be the most recent version. Georgia may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources. Q. What forms of discipline am I allowed to enforce? A.Your current parenting style will determine how much of an adjustment you will need to make to follow our guidelines. Our policies and guidelines are designed to protect both you and your foster children. We only allow appropriate, non-physical methods of discipline, such as removing privileges, giving “time outs” and using rewards, encouragement and praise for good behavior. Some of our discipline rules:  NO physical punishment  NO withholding meals, clothing, or shelter  NO verbal abuse or name-calling  NO threats to have a child removed  NO physically strenuous work or exercise solely for punishment  NO allowing other children to punish the foster child  CREATE A “Right to Vote on a Plan of Reorganization”.   C:UserschokmahDocumentsScreamInc.org-Website  http://athens.communitiesinschools.org/?page_id=742