CODES/REFERENCES

O.C.G.A. § 15-11-2 Definitions

O.C.G.A. § 15-11-211 Relative Search by DFCS

Title IV-E of the Social Security Act §§ 471 (a)(22) and (31) Title IV-E of the Social Security Act §§ 472 (c)(1) and (2) 45 CFR Parts 1355.20 (a) and (a)(2)

Public Law (PL) 103-382 Multiethnic Placement Act of 1994 as amended by PL 104-188 The Interethnic Adoption Provisions of 1996 (MEPA-IEAP)

PL 115-123 Family First Prevention Services Act of 2018 (FFPSA)

REQUIREMENTS

The Division of Family and Children Services (DFCS) shall:

1. Develop and implement standards to ensure that children in foster care placements in public or private agencies are provided quality services that protect the safety and health of the children (see policy 14.1 Resource Development: Safety and Quality Standards, 16.8 Room Board Watchful Oversight (RBWO): Minimum Standards and 22.3 Kinship: Kinship Assessment).
2. Identify a safe, least restrictive, and most family-like setting in close proximity to the home of the parent, guardian or legal custodian, when the permanency plan is reunification. NOTE: A placement in a foster home or childcare institution (CCI) a substantial distance from the home of the parent, guardian or legal custodian should be made only when it is necessary and consistent with the child’s permanency plan.
3. Conduct diligent efforts to locate absent or non-custodial parents, relatives, fictive kin or other committed individuals for the placement of the child, prior to the initial placement of the child into foster care or any subsequent placement change (see policy 19.20 Case Management: Diligent Search).
4. Consider the following when selecting a placement for a child in foster care:
   
    
   1. The order of placement preferences;
   2. The order of placement preferences, if there is reason to know a child is a member of a federally recognized Indian tribe; or eligible for membership in a federally recognized Indian tribe, and is the biological child of a member/citizen of a federally recognized Indian tribe;
   3. Placement with adult relative over a non-related caregiver, provided that the relative caregiver meets all relevant state child protection standards; NOTE: Georgia’s kinship continuum prioritizes placements with kinship caregivers which includes relatives and fictive kin.
   4. Placement of siblings together in the same home unless joint placement is contrary to the safety or well-being needs of any sibling;
   5. Placement in the child’s own community and school district to allow the child to remain in his/her home school unless it is not in his/her best interest to do so (see policy 10.13 Foster Care: Educational Needs);
   6. The proximity of the home to the child’s community of origin and family, the child’s permanency plan, and the specific service needs of the child.
   7. Placement with the placement resource with whom the child was previously placed, when a child re-enter foster care or change placements.
   8. The Multi-Ethnic Placement Act (MEPA)/Interethnic Adoption Provisions, which prohibits delaying or denying a placement of a child based on race, color and national origin of a foster parent or the child (see policy 1.4 Administration: Non- Discriminatory Child Welfare Practices).
5. Select the most appropriate placement to meet the child’s needs based on the following order of placement preferences:
   1. Non-custodial parent: this includes a parent of the child that does not have physical or legal custody of the child. NOTE: If the non-custodial parent is a father and both parents agree that he is the father and/or he has an established relationship with the child, placement may occur. If paternity has not been established either through DNA testing or paternity acknowledgement, this should occur following the placement of the child in the home (see policy 17.14 Legal: Establishing Paternity via Paternity Acknowledgement, 17.15 Legal: Legitimation and 19.23 Case Management: Paternity Testing).
   2. Kinship caregiver which includes:
      1. Relative: defined by blood, marriage or adoption, including the spouse of any of those persons even if the marriage was terminated by death or divorce;
      2. Fictive kin: a person who is not related to the child by blood, marriage, or adoption but who prior to his or her placement in foster care is known to the family, has a substantial and positive relationship with the child, and is willing and able to provide a suitable home for the child.NOTE: Fictive kin must become foster parents to receive financial assistance for caring for a child in the custody of DFCS.
   3. Other committed individual: includes fictive kin and other individuals, including but not limited to neighbors, teachers, scout masters, caregivers, or parents of friends of such child and with whom such child has resided or had a significant relationship; NOTE: Committed individuals must become foster parents to receive financial assistance for caring for a child in the custody of DFCS.
   4. Foster family home or adoptive home (DFCS or CPA): For the purpose of title IV-E, “foster family home” means the home of an individual or family that is licensed or approved by the state in which it is situated as a foster family home that meets the standards established for the licensing or approval; and in which a child in foster care has been placed in the care of an individual, who resides with the child and who has been licensed or approved by DFCS to be a foster parent that DFCS deems capable of adhering to the reasonable and prudent parent standard; that provides 24-hour substitute care for children placed away from their parents or other caretakers; and that provides the care for not more than six children in foster care. The number of foster children that may be cared for in a home may exceed six children in foster care, for any of the following reasons:
      1. To allow a parenting youth in foster care to remain with the child of the parenting youth.
      2. To allow siblings to remain together.
      3. To allow a child with an established meaningful relationship with the family to remain with the family.
      4. To allow a family with special training or skills to provide care to a child who has a severe disability.
   5. Foster families that are approved must be held to the same standards as foster family homes that are licensed. Anything less than full licensure or approval is insufficient for meeting Title IV-E eligibility requirements.
   6. Child Caring Institution (CCI): A CCI means a private CCI, or a public CCI which accommodates no more than 25 children and is licensed by the State in which it is situated or has been approved by the agency of the State responsible for licensing or approval of institutions of this type as meeting the standards for approval except, in the case of a child who has attained 18 years of age, the term includes a supervised setting in which the individual is living independently. Children in Georgia age 18 and older are not eligible for Title IV-E funding, therefore DFCS does not claim IV-E for supervised independent living settings. The definition of CCI for Title IV-E purposes does not include detention facilities, forestry camps, training schools or any other facility operated primarily for the detention of children who are determined to be delinquent. NOTE: Georgia has not implemented QRTPs and will only claim IV-E foster care maintenance payments for the initial two weeks (14 days) that an eligible child is placed in a CCI, unless the CCI meets the other allowable categories under title IV- E (see policy 9.1 Eligibility: Foster Care Maintenance Payments for all allowable placements under title IV-E).
   7. Psychiatric residential treatment facility (PRTF), if temporary treatment is necessary.
6. Adhere to the Indian Child Welfare Act (ICWA) placement preferences outlined in policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency.
7. Adhere to confidentiality and Health Insurance Portability and Accountability Act (HIPAA) provisions outlined in policies 2.6 Information Management: Confidentiality/Safeguarding Information and 2.5 Information Management: Health Insurance Portability and Accountability Act. Obtain a signed Authorization for Release of Information (ROI) to facilitate sharing of information, when applicable.
8. Complete appropriate safety screenings and ensure satisfactory findings are secured, prior to any placement or replacement (including respite) of a child with kin, other committed individual, or foster home (DFCS or Child Placing Agency (CPA)).
9. Document placement efforts and selection in Georgia SHINES within 72 hours of occurrence.

PROCEDURES

The Social Services Case Manager (SSCM) will:

1. Gather information about the child by:
   1. Interviewing the parents/guardians/legal custodians, caregivers, kin, and the child;
   2. Reviewing all available sources for information [e.g., Family Functioning Assessment (FFA) Comprehensive Child and Family Assessment (CCFA), psychological evaluation, recommendations from a child’s therapist, trauma assessment, medical records, educational assessments and reports, and information from previous placement resources, parents, guardians or legal custodians and kin].
2. Determine the individual needs of the child, including but not limited to:
   1. The child’s strengths, interests and talents;
   2. The child’s daily functioning, feelings, cognitive functioning, physical capacity, temperament, relationships, pervasive behaviors etc.;
   3. The child’s ability to accomplish age and developmentally appropriate tasks;
   4. The child’s educational level and any needs;
   5. The child’s physical and mental health including any health or behavioral health needs; and
   6. The child’s culture, religion, independent living skills and community relationships.
3. Determine whether the child is a part of a sibling group (see policy 10.20 Foster Care: Preserving Siblings Connections):
   1. Determine if the child has any siblings already placed in foster care and explore whether the placement resource of the siblings in care can also be a viable placement of the child(ren) entering care; and
   2. Search for a placement resource to accommodate the entire sibling group. NOTE: If the siblings cannot initially be placed together, document in the narrative of the Contact Detail in Georgia SHINES the reason(s) for separation, the plans to maintain sibling visitation and the sibling-bond and ongoing efforts to place the siblings together.
4. Consider the following when selecting the placement of the child regardless of the placement type:
   
    
   1. Least restrictive and most family-like setting;
   2. Placement of siblings together;
   3. Placement in the child’s own community and school district; NOTE: Explore placement resources near (within a 50-mile radius) to the child’s community, when a placement is not available within the same community.
   4. Needs of the child;
   5. Caregiver protective capacity;
   6. Previous placements of the child, when appropriate;
   7. Level of cooperation of the placement resource and support of the child’s permanency plan.
5. Identify absent and/or non-custodial parents, kin and other committed individuals to serve as a placement resource through the diligent search process (see policy 19.20 Case Management: Diligent Search).
6. If the child has been in out-of-home care in the past, explore whether the previous placement resource is appropriate, available and receptive to the placement of the child, if a non-custodial parent or kin caregiver cannot be located or is unable to care for the child.
7. Adhere to the ICWA placement preferences if there is reason to know a child is a member or is eligible for membership and has a biological parent who is an enrolled member of a federally recognized tribe as outlined in policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency.
8. Consider the following when selecting a placement for a child with the absent or non- custodial parent, kin or other committed individual:
   
    
   1. All kin and other committed individuals who have requested to be a placement resource (see Practice Guidance: Placement Selection for additional guidance when there is multiple kinship caregiver options);
   2. Any current court orders related to the non-custodial parent’s rights, obligations and/or restrictions related to the child;
   3. The age, desires and needs of the child and the ability of the non-custodial parent, kin or other committed individual to meet the child’s needs;
   4. Whether the child is part of a sibling group and the willingness and ability of the non- custodial parent, kin or other committed individual to care for the siblings;
   5. The impact the trauma from the child abuse on the child and their behaviors;
   6. The extent to which the non-custodial parent, kin or other committed individual was or should have been aware of the child’s circumstances and any action taken to intervene;
   7. The relationship between the non-custodial parent, kin or other committed individual and the child;
   8. The parent’s ability to co-parent and/or potential reunification with either parent;
   9. The level of cooperation of the kin or other committed individual towards the goal of reunification.
   10. The non-custodial parent, kin or other committed individual has the financial and non-financial supports to appropriately care for the child and meet the ongoing needs of the child;
9. To facilitate the approval for a child to be placed with an absent or non-custodial parent:
   
    
   1. Verify that grounds for dependency do not exist for the absent or non-custodial parent; therefore, no case plan with this parent is needed prior to placement;
   2. Complete a Kinship Assessment as outlined in policy 22.3 Kinship: Kinship Assessment. NOTE: If the placement is with a putative father, establish paternity through DNA testing and/or legitimation subsequent to the placement (see policy 17.14 Legal: Establishing Paternity via Paternity Acknowledgement, 17.15 Legal: Legitimation and 19.23 Case Management: Paternity Testing).
10. To facilitate approval for a child to be placed with kin or other committed individual:
    
     
    1. Initiate the foster parent approval process:
       
        
       1. Inform the kin or other committed individual of the benefits and requirements for becoming a foster parent (see policy 14.1 Resource Development: Safety and Quality Standards and 22.6 Kinship: Waiver of Non-Safety Standards for Kinship Foster Homes).
       2. Make a referral to the Kinship Coordinator and Resource Development (RD) to begin the process of becoming a foster parent and provide support through the process (see policy 22.2: Kinship: Use of Kinship Caregivers in Foster Care).
    2. Complete a Kinship Assessment as outlined in policy 22.3 Kinship: Kinship Assessment to place the child in the home while the foster family home approval process is underway.
    3. If relatives of a putative father are identified, establish paternity through DNA testing and/or legitimation subsequent to the placement (see policy 17.14 Legal: Establishing Paternity via Paternity Acknowledgement, 17.15 Legal: Legitimation and 19.23 Case Management: Paternity Testing).
11. Locate a foster or adoptive home (DFCS or CPA) based upon that home’s proximity to the child’s community of origin and family, the child’s permanency plan, and the specific needs of the child, when the non-custodial parent, kin, or other committed individual is not appropriate and/or available to be a placement resource.
    
     
    1. Review the home study and other available information to determine the best placement match for the child based on their needs.
    2. Coordinate with the RD SSCM for a DFCS foster home; or with the Child Placing Agency for a CPA foster home in accordance with policy 16.3 Room Board and Watchful Oversight: Room Board and Watchful Oversight (RBWO) Placement Referral.
12. Locate a placement through a CCI if appropriate to meet the needs of the child in accordance with the provisions outlined in policy 16.3 Room Board and Watchful Oversight: RBWO Placement Referral.
13. Conduct safety screenings for the selected placement resource in accordance with policy 19.9 Case Management: Safety Screenings.
14. Document the placement efforts and selection in Georgia SHINES.
15. Obtain supervisory approval of the placement selected. Ensure that the Diligent Search tab has been updated with the diligent search efforts for the absent or non-custodial parents, kin or other committed individuals, including reasons for not selecting kin that was located through the diligent search efforts.
16. Notify the court of the plan to place the child with the selected placement resource.
17. Refer to policy 10.1 Foster Care: Placement of a Child when a placement resource has been selected for the child.
18. Refer to policy 10.3 Foster Care: Changes in Placement when selecting a placement resource for a placement move for a child.

The Social Services Supervisor will:

1. Monitor initial and ongoing diligent efforts to locate absent or non-custodial parents, kin or other committed individuals as a placement resource in accordance with policy 19.20 Case Management: Diligent Search.
2. Ensure the order of placement preferences are followed to locate the most appropriate placement resource for the child, including prioritizing placement with relatives to minimize trauma and adhering to ICWA placement preferences for an Indian child.
3. If a non-kinship caregiver is selected for the placement of the child, explore the reason for the selection and review the Diligent Search tab in Georgia SHINES to verify that absent or noncustodial parents and kin were explored and appropriately ruled out prior to approving the non-kinship caregiver.
4. Ensure identified kin caregivers willing to serve as placement resource are referred to the Kinship Coordinator and Resource Development to ensure timely kinship foster family home approval and/or Kinship Assessment.
5. Conduct a supervisor staffing to address any concerns related to selecting the appropriate placement resource for the child.
6. Review case documentation to ensure efforts are being made to locate the most appropriate placement resource for the child and that the pre-placement and placement information including diligent search information is entered in Georgia SHINES within 72 hours of occurrence.

PRACTICE GUIDANCE

Placement Selection

Being in foster care can be a very traumatic experience, therefore when a child is initially placed or re-enter foster care, making an appropriate placement selection can minimize trauma to the child. The placement resource must be able to meet the safety, permanency and well-being needs of the child and consider the needs of the child’s family (as related by blood, marriage or adoption). Having a good understanding of the child’s individual needs and the strengths of the placement resource can promote placement stability and reduce the likelihood of placement disruptions.

The ideal placement resource will be in the community from which the child was removed to assist with maintaining the child’s connections to immediate and extended family, educational, medical, dental and mental health providers and meet the child’s religious, and cultural needs. The placement should be near the parents, guardians or legal custodians to maintain connections and promote frequent visitation and participation in meeting the well-being needs of the child. Reunification is more likely to occur when frequent and consistent visitation between the parents, guardians or legal custodians and child occurs and the child is placed within proximity to them. The most appropriate, least restrictive setting offers the child an opportunity to be placed where there will be a minimum of disruption to his/her family life and an assurance that the child will be afforded safety, permanence, and overall well-being. Clinical and support services within the community can be utilized to maintain the child in the least restrictive placement and should be evaluated for their effectiveness. The selected placement resource should also be consistent with the best interests and special needs of the child. The SSCM must always consider a caregiver’s current circumstance, capacity and ability to ensure the child’s safety and well-being. Whenever there is a concern about safety of children and/or family members, it must be addressed with a focus on the caregiver’s ability to immediately improve and change conditions for children. Safety should continue to be the focus throughout the life of the case.1

Placement with kin or other committed individual is, often the first choice, especially when the prospective kinship caregiver and the child are already attached, bonded, and comfortable with each other; the prospective kinship caregiver lives near the child’s current residence which preserves the child’s friendships, school, and community connections; and the prospective kinship caregiver is willing and able to provide for the child’s needs. Placement with kin minimizes trauma for the child during their time in foster care by allowing them to be cared for by someone they know and trust and maintain connectedness long after the child exits care to permanency. The practice of assessing kin or other committed individuals supports the

agency’s reasonable efforts to preserve or reunify families. A growing body of research confirms that, in most circumstances, placement with kin or other committed individuals is the best option when children cannot remain with their parents. Several studies have found that children in these types of placements are better able to adjust to their new environment and are less likely to experience behavioral problems and psychiatric disorders than those in the general foster care population. Finally, children placed with kin experience fewer school disruptions than children in non-kinship foster care, and their sense of identity and self-esteem is reinforced.2

When children enter foster care and the diligent search has identified kin, it is critical that the agency take all necessary steps to assess to determine if they would be an appropriate placement resource as soon as possible. Oftentimes, more than one relative, fictive kin or other committed individual may request to care for a child in foster care. When there are multiple kinship placement resources available, consider the following caregiver capacities and family dynamics when selecting a placement:

1. Is the kinship caregiver able to avoid displacing their feelings and history with the child’s parents onto the child?
2. Will the child be exposed to positive or negative family legacies/cycles while in the kinship caregiver’s household?
3. Has the child frequently resided in the kinship caregiver’s home or has the child been previously placed with the kinship caregiver?
4. How well does the child’s needs, routines and schedule fit within the current activities of the kinship caregiver’s household?
5. Will the kinship caregiver be able to meet and comply with agency goals for reunification and/or another permanency plan?
6. Does the kinship caregiver understand and agree to the need for a legal relationship with the child (i.e. adoption or guardianship)?
7. Is the kinship caregiver willing to care for the child’s siblings, if applicable, and/or maintain sibling connections?
8. What support systems are in should the kinship caregiver require respite?
9. What supports or alternative plans/agreements are in place if the kinship caregiver becomes ill or deceased?

Timeliness of Relative Placements

Georgia law balances the priority of kinship placements against the child’s need for placement stability, attachment, and connections. DFCS has the obligation to search for relatives quickly and notify those relatives as soon as possible that a child related to them is in state custody and in need of a placement. Relatives should also be notified that if they do not quickly come forward and take steps to visit with the child, participate in their case, and make themselves available as a placement, they may lose any priority as a long-term or adoptive placement that they would otherwise have.

If a relative is notified and does not begin taking an active role in the case within six months,

the court can determine that this relative is not an appropriate placement for the child. If the child has been in a stable foster placement in excess of 12 months, the court can determine that the child should not be moved absent a dangerous situation. SSCMs and supervisors should consult with SAAGs, attorneys, and the court whenever such situations arise.

In cases where relatives come forward within six months of receiving notification and take active steps to assist as a resource and placement for the child, the relative will retain priority over other potential permanent placements even if the process for obtaining placement approval is slow, as it may be in ICPC situations. When a child has been with a stable foster family for 12 months, the county should initiate case consultation, permanency roundtables or other methods for staffing with regional leadership to determine the best interest of the child. In balancing the importance of kin connectedness and the bond that the child has established with a foster family, considerations should be given to the relationship between the child and the prospective kinship caregiver, the validity of the delay in assessing the kinship caregiver’s home and the foster parent’s openness to maintaining connections should the child remain in their home. SSCMs should clearly present to the court the process used to determine the recommended placement, the factors considered in making the placement decision that is in the best interest of the child and the final agency recommendation at permanency reviews and hearings set for the purpose of considering a child’s placement.

Kinship Caregivers

A kinship placement refers to placement of a child in the home of a relative or fictive kin through an approved Kinship Assessment or approved kinship foster home. Exploration of all possible kinship caregivers is critical and must be expedited to maintain and promote family continuity. It is critical that kin understand we are seeking not only for them to become a placement for the child, but also a potential permanent home if reunification is not possible. If a relative fails to demonstrate an interest in and willingness to provide a permanent home for a child within six months from the date he or she receives the required notice that the child is in foster care, the court may excuse DFCS from considering the relative as a placement (see policy 19.20 Case Management: Diligent Search).

Research shows that children thrive best in their families. It has been the practice of kin to care for a related child when their parents cannot. Preserving relationships with family members and kin is crucial to a child’s sense of safety and well-being. DFCS is committed to developing strong partnerships with extended family to better serve the needs of children placed in foster care. In preserving the child’s family ties, DFCS is supporting and promoting the child’s need to feel and experience a sense of belonging, reduce the long-term negative effects of the child’s separation from their parents and allow for continued connection between the child, their family, and the community. Family continuity and permanency planning focuses on achieving a level of stability in the child’s life. By ensuring the child is safe, protected and in a wholesome living environment, the child’s permanency is assured. Supportive services are also provided to the family with the intent of establishing and achieving a permanency plan for the child. For financial and non-financial supports, available for kinship placements refer to policy 22.8 Kinship: Financial and Non-Financial Supports for Children in Foster Care or Who Have Achieved Permanency.

Foster Family Home

Types of foster family homes include:

1. Kinship foster home: Kinship foster homes approved by DFCS or a CPA for the temporary placement of a related kin child.
2. DFCS foster home: non-relative foster homes approved by DFCS for the temporary placement of children in foster care.
3. CPA foster home: Foster homes approved by a CPA contracted with DFCS for temporary placement of children in foster care.

Kinship foster homes are relatives or fictive kin of the child who are approved as a foster parent by DFCS for the placement of the child that is in foster care. DFCS encourages all relatives and fictive kin to become approved foster parents. If a kin is interested in becoming a foster parent, the placement SSCM and the Kinship Coordinator partners closely with resource development staff to support them through the approval process. The kin should attend an information session to gather information required for fostering (see policy 14.7 Resource Development: Inquiries and Information Sessions).

A non-related foster home is considered the least restrictive (most family-like) setting when relatives or fictive kin are not available or appropriate as a placement resource. A foster home placement offers experiences inherent in family living which are essential in achieving maturity and the ability to initiate and sustain a family of one’s own. Children who have special needs, but can benefit from family life, can have their needs met in a foster home. DFCS and CPA foster homes should be equally considered as placements for a child based on a determination of the home’s level of capacity to care for the child’s emotional and physical needs; the proximity of the home to the child’s community of origin; and the child’s best interests.

DFCS or CPA Adoptive Home

An adoptive home is approved for the foster care placement of a child for whom the established goal is adoption. Adoptive homes must meet the regular standards of care required for approved family foster homes as outline in policy 14.1 Resource Development: Safety and Quality Standards.

Child Caring Institution (CCI)

A CCI is any child welfare facility which provides full-time room, board and watchful oversight (RBWO) to six or more children up to 18 years of age. Some CCIs are approved to care for youth up to age 21. The CCI must be approved through the Office of Provider Management (OPM) to serve children in DFCS custody (see policy 16.6 Room Board Watchful Oversight (RBWO): Age Requirements for Child Care Institutions (CCI)).

Psychiatric Residential Treatment Facility (PRTF)

A Psychiatric Residential Treatment Facility is a temporary non-hospital facility with a provider agreement with a State Medicaid Agency to provide intensive therapeutic intervention to a child to ensure safety and stability. PRTFs offer intensive behavioral health services to children in Georgia.