REQUIREMENTS

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

1. Seek court intervention to protect a child, when: 
   1. Access to the alleged maltreated child(ren) or the home cannot be gained to assess child safety. 

   2. A court order for either a physical examination, psychiatric or psychological examination of a child or other children in the home is needed. 

      NOTE: This request may be made ex parte 

   3. A protective order is needed to restrain or otherwise control the conduct of a parent, guardian or legal custodian or relative in accordance with policy 17.3 Legal: Court Orders and Placement Authority. 

   4. A temporary alternative to foster care (TAFC) order. 

      1. Authorize or continue any voluntary kinship agreement between the parent, guardian, legal custodian and DFCS, pending further action by the court on a dependency petition for temporary guardianship or custody to third party; or 
      2. Obtain a temporary protective order to impose conditions or limitations on the conduct of the parent, guardian, or legal custodian while the child remains in the home. For the specified limitations or conditions see policy 17.3 Legal: Court Orders and Placement Authority. 

      NOTE: A TAFC order may be made ex parte. 

   5. Evidence indicates the child should not remain in the home or be returned home due to safety concerns and there are no alternative safety options for the child. Some of these situations may include, but are not limited to: 
      1. A child has experienced life-threatening maltreatment or serious injury at the hands of a parent, guardian, or legal custodian. 
      2. A child was intentionally abandoned by the parent, guardian, or legal custodian. 
      3. A child steadfastly refuses to return to the parent, guardian, or legal custodian, and the return could cause significant physical or emotional harm to the child. 
      4. The parent, guardian, or legal custodian steadfastly refuses to have a child returned to them. 
      5. The parent, guardian, or legal custodian has a significant mental illness, untreated illness or significant mental disability that renders them unable to care for the child, and/or pose a safety threat to a child.
      6. A parent, guardian or legal custodian has sexually abused the child, the offending parent, guardian, or legal custodian will have access to the child, and the non-offending parent, guardian or legal custodian fails to protect the child. 
      7. A parent, guardian or legal custodian has caused the death of a child through maltreatment. 
      8. The parent, guardian, or legal custodian has a chronic or severe drug or alcohol use disorder that has not been rehabilitated, rendering them unable to care for the child, and/or posing a threat to the safety of the child. This includes a parent of an infant born with prenatal substance or alcohol exposure, who is non-compliant with their substance or alcohol use disorder treatment plan and the parent’s substance, or alcohol use poses a safety threat to the infant.
      9. A child requires medical treatment to prevent a serious illness, disability, or death, and the parent, guardian, or legal custodian is unwilling or refuse to seek medical treatment. 
      10. A non-offending parent, guardian or legal custodian is unwilling or unable to protect a child from the offending parent, guardian, or legal custodian. 
      11. The parent, guardian, or legal custodian is involved in repeated, serious criminal activity or have a conviction of a felony and imprisonment which has a demonstrable negative effect on the safety of the child. 
      12. The parent, guardian, or legal custodian denies serious maltreatment and is unwilling to participate in the case plan. 
      13. The parent, guardian or legal custodian’s explanation for an injury or illness is inconsistent with the medical evaluation and/or assessment findings.

   6. When a parent, guardian, or legal custodian’s moderate to high-risk substance or alcohol use is a contributing factor to child maltreatment (dependency) refer them to participate in the Family Treatment Court (FTC) when the minimum eligibility criteria for participation are met (refer to the Memorandum of Understanding) in the applicable FTC jurisdiction (see policy 19.24 Case Management: Family Treatment Court). 

      NOTE: The dependency petition/complaint shall include the recommendation for FTC participation.

2. At its discretion, file a petition alleging dependency if DFCS has actual knowledge of the abuse, neglect or abandonment of a child or is informed of the abuse, neglect or abandonment and believes it to be true. NOTE: Such petition shall not be accepted for filing unless the court or person authorized by the court has determined and endorsed on the petition that the filing of the petition is in the best interests of the public and the child. 
3. At its discretion, file a dependency petition requesting placement authority for a child or requesting that temporary custody of a child be transferred to another party. 
4. When a TAFC order is issued, if probable cause exists, and: 
   1. The child was not removed from his or her home or if a child was removed from his or her home but was released from protective custody at the PPH, a petition alleging dependency shall be filed within 30 days of the PPH; or 

   2. The child was removed from his or her home, a petition alleging dependency shall be filed within five days of the PPH. 

      NOTE: The court may continue to impose the TAFC after the PPH. 

5. Obtain approval of placement authority from the juvenile court when a child must be removed and placed in foster care. 
6. Consult with the Special Assistant Attorney General (SAAG) prior to any scheduled juvenile court hearings at least five business days prior to the hearing, if available. 
7. Immediately inform the SAAG of any discovery requests to obtain direction on the handling of the request. 
8. Adhere to the procedures and practices established by the juvenile court. 
9. Request the court appoint an attorney for an alleged dependent child as soon as practical, but no later than prior to the first court hearing that may substantially affect the interests of the child, to ensure adequate representation of the child. 
10. Adhere to the Indian Child Welfare Act (ICWA) in accordance with policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency regarding:
    1. Informing the court if there is a reason to know the 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 or a member of a Georgia recognized tribe. 
    2. Notification requirements for removal and termination proceedings

11. Notify the court of a parent, guardian, or legal custodian’s military service when the parent, guardian, or legal custodian is on active military duty and serving outside the state of the court that has jurisdiction over the legal proceeding. 

    NOTE: For the purposes of Section 521 of the Service Members Civil Relief Act (SCRA), the term “state” includes the District of Columbia, Puerto Rico, the Virgin Islands and Guam.

12. File a petition for dependency within five days of the child’s PPH when the child is not released from DFCS custody at this hearing. If the child was not removed from the home or was returned at the PPH, the petition shall be filed within 30 days of the PPH. 
13. Attend all court hearings including: 
    1. The PPH held within 72 hours of the child’s placement into foster care. 

    2. The adjudication hearing scheduled no later than 10 days after the filing of the petition for dependency if the child is in foster care. If the child is not in foster care, the adjudication hearing shall be held no later than 60 days after the filing of the petition for dependency. 

       NOTE: If the adjudication is not completed within 60 days of the removal, the dependency petition may be dismissed without prejudice. 

    3. The disposition hearing held and completed within 30 days after the conclusion of the adjudication hearing, if not held in conjunction with the adjudication hearing. 
    4. Review hearings: 
       1. The initial review held within 75 days following a child’s removal from the home.

       2. The subsequent periodic review held four months following the initial review. 

          NOTE: The Judicial Citizen Review Panel (JCRP) may conduct any periodic review as requested by the court. 

       3. Subsequent review hearings consistent with federal law held no less frequently than once every six months (see policy 17.2 Legal: Case Review/Permanency Plan Hearings). 
    5. The permanency plan hearing held: 
       1. No later than 30 days after DFCS submits a non-reunification case plan to the court. 
       2. No later than nine months after the date the child is considered to have entered care, for a child under seven years of age at the time a petition for dependency is filed. 

       3. No later than 12 months after the date the child is considered to have entered care, for children seven years of age and older at the time a petition for dependency is filed. 

          EXCEPTION: For siblings removed at the same time and in which at least one child is under seven years of age at the time the dependency petition is filed, the permanency plan hearing shall be held no later than nine months after the children are considered to have entered foster care. 

       4. At least every six months after the initial permanency plan hearing, as long as the child remains in care or more frequently as deemed necessary by the court until the court determines that such child’s permanency plan and goal have been achieved.
       5. The Termination of Parental Rights (TPR) Hearing, if applicable.
14. Determine the date the child is considered to have entered foster care to be the date of the first judicial finding that the child has been subjected to child abuse or neglect or the date that is 60 days after the date on which the child is removed from his or her home, whichever is earlier (see Practice Guidance for guidance on calculating the time in foster care). 
15. Conduct a diligent search for parents, relatives (including the parents of the child’s siblings, when that parent has legal custody of such siblings), fictive kin and others who have demonstrated an ongoing commitment to the child in accordance with policy 19.20 Case Management: Diligent Search. 
16. Submit an updated diligent search report to the court at each periodic review hearing (see policy 19.20 Case Management: Diligent Search). 

17. Submit a written report (case plan) to the court within 30 days of the removal and at each subsequent review of the disposition order. 

    NOTE: A hearing to review the case plan shall be held if the parent, guardian or legal custodian disagrees with a proposed case plan for reunification and exercises his or her right to request a hearing before the court within five days of the receipt of the plan (see policy 10.23 Foster Care: Case Planning). 

18. At the permanency plan hearing for non-reunification: 

    1. Demonstrate, by clear and convincing evidence, that a reunification plan is not appropriate considering the child’s health, safety and need for permanency. 
    2. Notification to the court whether and when DFCS intends to file for TPR. 

    NOTE: The court shall consider in-state and out-of-state permanent placement options for the child and incorporate a permanency plan for the child in the order from this hearing.

PROCEDURES

Court Intervention 

The Social Services Case Manager (SSCM) will: 

1. Consider requesting a court hearing when: 
   1. The parent, guardian, or legal custodians fail to comply with critical elements of the case plan and exhibit continued diminished protective capacities, despite documentation reflecting DFCS provided support and services necessary to achieve these critical elements.  
   2. A change of custody is recommended. 
   3. A change in the specific provisions of the court order is needed. 
   4. Outcomes of the case plan have been met, and it is appropriate to request to be relieved of custody/court-ordered supervision. 
   5. Other individual circumstances are identified and need to be brought to the court’s attention. 
2. Seek court intervention when the safety of a child cannot be assured and/or a caregiver is non-compliant and court intervention may be necessary to protect the child: 
   1. In conjunction with the Social Services Supervisor (SSS) consult with the SAAG to determine whether there is a need to file a dependency complaint and/or petition either for custody of the child or TAFC.
   2. Conduct a Family Team Meeting (FTM) or other family meeting prior to any court action, when possible, to notify the family of the impending court action and possible outcomes and to discuss any changes in the safety or case plans (see policy 19.3 Case Management: Solution-Focused Family Team Meetings). 
   3. Consult with the SAAG and request they file a dependency complaint and petition with juvenile court when court action is being sought. 
   4. Afford the person against whom a protective order is directed due notice and an opportunity to be heard, prior to an order being granted by the court (accomplished by service of the petition as required by state law). 
   5. Request that a protective order be modified, extended, or terminated by the court as deemed necessary and in the best interest of the child.
3. When it is determined that a TAFC is needed to expedite legal intervention: 
   1. In conjunction with the SSS, consult with the SAAG regarding the appropriateness of seeking a TAFC order. Prepare to present the following information in court or provide to the SAAG, if the TAFC will be obtained ex parte: 
      1. The reason DFCS is requesting a TAFC order; 
      2. The approved Kinship Assessment (see Practice Guidance: Temporary Alternative to Foster Care and policy 22.3 Kinship: Kinship Assessment); 
      3. Services and options to prevent placement that have been explored/provided to the family and the safety issues requiring legal intervention; 
      4. The legal options being considered: 
         1. Temporary Guardianship (see policy 22.11 Kinship: Guardianship in Child Protective Services); 
         2. Temporary custody to a third party (see policy 22.12 Kinship: Temporary Custody to a Third Party in Child Protective Services); or 
         3. Temporary protective order while the child remains in their home (see policy 17.3 Legal: Court Orders and Placement Authority). 
   2. Obtain and review the TAFC order. 
   3. Participate in the PPH hearing. 
   4. File a dependency petition when the court finds probable cause in the PPH to believe a child is a dependent child pending an adjudication hearing. 
   5. Prepare for the adjudication hearing in conjunction with the SAAG to discuss DFCS’ recommendations and to confirm completion of any tasks ordered by the court. 
   6. Document issuance of the TAFC court order in Georgia SHINES: 
      1. Update the Legal Action and Outcomes Detail page. 
      2. Upload the TAFC order into External Documentation. 
4. When the decision is made to remove the child: 

   1. Consult with the SAAG and request they obtain authorization from the court or designated intake officer for DFCS to obtain placement authority for the child if law enforcement does not make the removal. 

      NOTE: A verbal order may be issued by a juvenile court judge but must be followed by a written order that is obtained the first business day after the issuance of the verbal order. DFCS cannot remove children without court authorization. 

   2. Provide the SAAG with all necessary and relevant supporting evidence and information pertaining to possible witnesses if the court requires a hearing or other sworn testimony/statement prior to authorizing the removal of the child. 
   3. Obtain a copy of the ex parte removal order, if issued by the court, or “authorization” to take child into custody
   4. Document legal actions and outcomes following in Georgia SHINES: 
      1. Upload the authorization or order into External Documentation, if not uploaded via the Case Plan Reporting System (CPRS) interface. 
      2. Custody Detail page. 
      3. Legal Action and Outcomes Detail page. 
      4. Legal Status page. 

   5. File a dependency complaint if it was not filed to obtain authorization for placement authority. 

      NOTE: A dependency action may be filed in the county in which the child legally resides or in the county where the child is present when the proceeding is commenced provided that the child is present in that county without his parent, guardian, or legal custodian or the acts underlying the dependency allegation are alleged to have occurred in that county. This is referred to as the venue. The court may transfer the proceedings to the county in which a child legally resides, if the proceedings start in a different county (see policy 17.13 Legal: Court Transfer of Jurisdiction).

Preparing for Court 

Prior to any court hearing, the SSCM will: 

1. Review the case record. 
2. Staff with the SSS all available information that supports DFCS’ position on a case. 
3. Discuss the case plan/services with the family and family support team via a Family Team Meeting (FTM) or other family meeting (see policy 19.3 Case Management: Solution-Focused Family Team Meetings). 
4. Develop a court report to present to the court, when necessary, summarizing: 
   1. The background of the case. 
   2. Services and/or steps taken to resolve the issues. 
   3. Progress or lack thereof of the family. 
   4. DFCS’ recommendations, including visitation if applicable. 

5. Consult with the SAAG at least five business days prior to any upcoming hearing, if available: 

   1. Contact the SAAG and request a consult that will ensure timely preparation for the upcoming hearing. 
   2. Apprised the SAAG of all information. 
   3. All evidence, potential witnesses, and DFCS’ recommendations. 

   NOTE: Include the Court Appointed Special Advocate and Guardian Ad Litem (GAL), if appropriate based on consultation with the SAAG. 

6. Notify the SAAG of the following, any time there is reason to know: 
   1. When either parent, guardian or legal custodian is on active duty in the military, so the SAAG can notify the court. 
   2. Whether there is reason to know the 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 [see policy; or a member of a Georgia recognized tribe.

Juvenile Court Hearings 

The SSCM will: 

1. For the preliminary protective hearing: 
   1. Staff the case with the SSS and SAAG prior to the hearing. 
   2. Be prepared to provide testimony. 
   3. Ensure a dependency petition is presented to the court within five calendar days of the PPH, if the court finds probable cause to believe that the child is dependent, and the judge orders the child to remain in foster care. 

   4. Update the Legal Status and/or Legal Action and Outcomes Detail pages in Georgia SHINES within 72 hours of the hearing. 

      NOTE: If the court finds probable cause to believe the child is dependent, but does not find that protective custody is necessary, then the court shall return the child to his parent, guardian or legal custodian pending the hearing on the dependency petition. 

2. For the adjudication hearing: 
   1. Ensure a staffing occurs between the investigator, investigator’s SSS, Permanency SSCM, Permanency SSS and SAAG to discuss the evidence to be presented, witnesses needed, etc. prior to the hearing. 
   2. Be prepared to provide testimony. 

   3. Update the Legal Status and/or Legal Action and Outcomes Detail pages in Georgia SHINES based on the court findings, within 72 hours of the hearing. 

      NOTE: Such findings become the basis of the initial case plan for reunification, including any findings of dependency as a result of alcohol or other substance abuse. 

3. For the disposition hearing: 
   1. Share the results of the Comprehensive Child and Family Assessment (CCFA) with the court, if available, to assist with the decision making regarding the placement and needed services. 
   2. Be prepared to present agency recommendations. 

   3. Present the initial case plan to the court to be entered into the disposition order. 

      NOTE: The initial case plan must be submitted to the court within 30 days of removal and at least 48 hours prior to the disposition hearing. 

   4. Present the initial diligent search to be entered into the disposition order. 

      NOTE: The initial diligent search must be submitted to the court within 30 days of removal (see policy 19.20 Case Management: Diligent Search). 

   5. Update the Legal Status and/or Legal Action and Outcomes Detail pages in Georgia SHINES within 72 hours of the hearing. 
4. For a review hearing or permanency plan hearing: 
   1. Staff the case with the SSS and SAAG to discuss the evidence to be presented, witnesses needed, etc. 
   2. Submit a case plan to the court five days prior to the permanency plan hearing (see policy 10.23 Foster Care: Case Planning) including: 
      1. A recommended permanency plan for the child. 
      2. An estimation of when the plan will be achieved. 
      3. Documentation of the reasonable efforts taken by DFCS to finalize the permanent placement of the child. 
   3. Submit an updated diligent search to the court at each periodic review hearing (see policy 19.20 Case Management: Diligent Search).
   4. Be prepared to provide testimony. 
   5. Request the court review the following, if a permanency plan hearing is being held on a case where voluntary surrenders were obtained: 
      1. The circumstances of the child.
      2. Child-specific recruitment strategies DFCS has utilized, such as the use of state, regional and national adoption exchanges and/or electronic exchanges. 
      3. Any other steps taken by DFCS to pursue a permanent home for the child. 
   6. Update the Legal Status and/or Legal Action and Outcomes Detail pages in Georgia SHINES within 72 hours of the hearing.

The SSS will: 

1. Review the case record including any documented evidence to help determine whether: 
   1. Court intervention is warranted; 
   2. The type of legal intervention needed to protect a child (i.e., protective order, TAFC, custody); 
   3. Sufficient evidence exists to support: 
      1. Present or impending danger. 
      2. Each allegation of the dependency petition. 
      3. The case plan or permanency plan to be considered by the court. 
   4. Services were provided to prevent foster care placement; and 
   5. ICWA notification requirements when the child is an Indian child as defined in ICWA. 
2. The initial diligent search is completed and submitted to the court within 30 days of the child’s entry into foster care; and an updated diligent search is completed and submitted prior to each periodic review hearing. 
3. Assist the SSCM in: 
   1. Determining DFCS’ recommendations to the court, including whether visits with a child in DFCS custody need to be supervised (see Practice Guidance: Best Interest Determination). 
   2. Preparing for court testimony. 
4. Staff the case with the SSCM and the SAAG prior to any court hearing (see policy 19.6 Case Management: Supervisor Staffing; also see Procedures on Preparing for Court). 
5. Attend court hearings, as needed, to provide guidance and support to the SSCM. 
6. Verify documentation of legal actions in Georgia SHINES and that court orders and other legal documents were uploaded to External Documentation.

PRACTICE GUIDANCE

Preserving and strengthening families to prevent the unnecessary removal of children from their homes is an integral part of permanency planning. It recognizes that most children’s needs for permanency are met by the continuity of family relationships. In many ways the court acts as a “gatekeeper” for children entering and exiting the foster care system. Consequently, DFCS and the court must work in partnership and share accountability in ensuring permanency at the earliest possible time for children. To enhance the partnership with the court and ensure the best outcomes for children and families, the SSCM should be knowledgeable about the following: 

1. The rights, roles and responsibilities of the County Department when serving as custodian of a child in foster care. 
2. The procedural safeguards for the parent, guardian, or legal custodians of children in foster care.
3. The juvenile court process, including courtroom etiquette. 
4. The applicable federal laws and sections of the Official Code of Georgia (O.C.G.A.). 
5. Court order requirements for Title IV-E funding. 
6. Timeframes for custody and other legal actions.

Court Intervention to Protect Children 

Determining when to initiate juvenile court action is one of the most difficult and important decisions for DFCS staff. Involving the court too quickly may be a misuse of the authority granted to DFCS and the court. Not involving the authority and protection of the court when a child is not safe or is at significant risk may constitute a failure to adequately protect the child and failure to discharge the authority given to DFCS. Therefore, when making the decision whether to pursue court intervention, the health and safety of the child is the paramount concern. 

Some caregivers cannot or will not protect their child or ensure the child’s needs are met; and despite reasonable efforts to remedy or improve the circumstances leading to the abuse or neglect, a child may remain in imminent danger. When making critical decisions about whether to seek court action to remove a child from the home as the only alternative for the child to be protected and safe, a child’s right to protection and safety outweigh a caregiver’s right to the child.

Service Members Civil Relief Act (SCRA) 

Under the provisions of SCRA, a person on active-duty military service, or someone on his/her behalf, may petition the court for a stay of the proceeding if he/she feels his/her military service materially affects his/her ability to defend himself/herself. 

The court does not automatically grant each request for a stay; only when it is determined that the parent, guardian, or legal custodian’s ability to defend himself/herself is materially affected by military service will a stay be granted. The court may, on its own motion, postpone the proceeding for the presence of the parent, guardian, or legal custodian.

Child’s Attorney 

A child should have an attorney appointed before the first court hearing which may substantially affect the interest of the child in order to ensure the child’s interest are adequately represented. A child’s attorney owes the child the duties imposed by the laws of Georgia in an attorney-client relationship.

Parent’s/Guardian’s/Legal Custodian’s Attorney 

Whenever a parent, guardian or legal custodian is represented by an attorney, the County Department shall recognize the implications of the attorney-client relationship. The SSCM needs to ensure the SAAG is informed of the attorney representing the parent, guardian, or legal custodian. If the parent, guardian, or legal custodian’s attorney is appointed by the court, the attorney cannot be relieved of responsibility until the court issues an order indicating he/she is no longer the attorney of record. If an attorney has entered an appearance in the juvenile court, he/she remains the parent’s attorney for the matter until the court has permitted the attorney to withdraw by appropriate order. 

If the parent, guardian, or legal custodian seeks to bring an attorney as his/her representative to any conference or review held at the County Department or other location, the County Department shall consult with the SAAG regarding the attorney’s presence and whether the SAAG should also be present.

Party

A party means the state, a child, parent, guardian, legal custodian, or other person subject to any judicial proceeding under Chapter 11 of Title 15 of the Official Code of Georgia. However, for the purpose of CHINS and delinquency actions, only the child and the state shall be a party. A party to a hearing has the right to: 

1. Have an attorney at all stages of the proceedings. 
2. Be present. 
3. Be heard. 
4. Present evidence. 
5. Cross-examine witnesses. 
6. Examine pertinent court files and records. 

7. Appeal the orders of the court. 

   NOTE: All children subject to a dependency action are parties. The court may exclude a child from any part of the dependency proceedings if the court determines that it is not in the child’s best interest to be present. The attorney for an excluded child shall not be excluded from the proceedings.

Discovery 

Prior to any court proceedings, a party may request information from another party to assist them in the presentation of their case in court. Although state law dictates that upon written request a party to a proceeding shall have full access to certain information for inspection, copying or photographing, these requests are usually handled by the attorneys (i.e., SAAG, parent, guardian or legal custodian’s attorney, child’s attorney, etc.) in the proceedings. If DFCS receives a written request from the attorney for a parent or child in a dependency case for records or information, DFCS should immediately notify the SAAG of the request. In order to meet the discovery requirements of the Juvenile Court Code, the SSCM should immediately request to staff the case with the SAAG if the following information is requested: 

1. The names and telephone numbers of each witness likely to be called to testify at the hearing by another party. 
2. A copy of any formal written statement made by the child or any witness concerning the testimony of the witness that a party intends to call as a witness at the hearing. 
3. Any scientific or other report that is intended to be introduced at a hearing or that pertains to physical evidence that is intended to be introduced unless a court order or written consent from the appropriate person is required.
4. Any drug screen concerning the child or his/her parent, guardian, or legal custodian.
5. Any case plan concerning the child or his or her parent, guardian, or legal custodian. 
6. Any visitation scheduled related to the child.
7. Photographs and any physical evidence that are intended to be introduced at any hearing. 
8. Copies of any police reports that are included in the basis for the petition. 
9. Any other relevant evidence not requiring consent or a court order. 

The SAAG will provide direction to DFCS concerning the provision of information or records, including responses to discovery requests, to a child or parent’s attorney while a dependency case is pending in the juvenile court.

Upon presentation of a court order or written consent from the appropriate person permitting access, any party shall have access to the following:

1. Any psychological, developmental, physical, mental, or emotional health or other assessments of the child or his/her family, parent, guardian, or legal custodian. 
2. Any school record concerning the child. 
3. Any medical record concerning the child. 
4. Transcriptions, recordings, and summaries of any oral statement of the child or of any witness, except child abuse reports that are confidential. 
5. Any FTM report or multidisciplinary team meeting report concerning the child or his/her parent, guardian, or legal custodian. 
6. Supplemental police reports, if any, regarding an occurrence that is included in the basis of the petition. 
7. Immigration records concerning the child. 

NOTE: If DFCS receives a court order providing access to any of the above, immediately staff the request with the SAAG.

Any request for discovery shall be complied with no later than five days from receipt of the request or 72 hours prior to any hearing unless the timing of the request does not allow the party to meet these timeframes. If a request for discovery is made fewer than 48 hours prior to the hearing, the response should be produced in a timely manner. DFCS shall immediately inform the SAAG of all discovery requests and the SAAG should assist the County Department with all discovery requests.

Date Child is Considered to Have Entered Foster Care 

When a child is alleged to be a dependent child, the date such child is considered to have entered foster care shall be the date of the first judicial finding that such child has been subjected to child abuse or neglect or the date that is 60 days after the date on which such child is removed from his or her home, whichever is earlier. 

In order to meet time frames for permanency plan hearings required under Title IV-E rules and regulations, DFCS staff is advised to schedule permanency plan hearings using the removal date as the beginning point from which the permanency plan hearing time limits are calculated. As an example, an initial permanency plan hearing that must be held no later than 12 months from the time a child is considered to have entered foster care would be scheduled 12 months from the date the child was removed from the home. This practice will ensure that hearings are held within the time limits required by federal law.

Emergency Removal 

DFCS does not have the authority to remove a child without the written consent of the parent, guardian or legal custodian or order of the court, except in short-term emergency care situations (see policies 3.21 Special Circumstance: Intakes Involving Short Term Emergency Care (Emergency or Illness); 3.22 Special Circumstance: Intakes Involving Short Term Emergency Care (Human Trafficking); 20.8 Special Circumstances: Short Term Emergency Care (Emergency or Illness); and 20.9 Special Circumstances: Short Term Emergency Care (Human Trafficking). In situations where the life of a child is in immediate danger because of maltreatment or the child is a victim of trafficking for labor or sexual servitude and removal must take place without a court order, removal must be completed by law enforcement officials or by a duly authorized officer of the court.

Any law enforcement officer has the authority and responsibility to take necessary action to protect children from immediate danger. This authority allows the officer to take a child into custody without a court order. If immediate medical treatment is needed, the officer is further authorized to take the child directly to a medical facility, giving notice of this action promptly to juvenile court and DFCS. 

If a law enforcement officer removes a child, the officer should not expect that DFCS will take placement responsibility for that child without first having a judge’s signed order or the signed order of a juvenile court intake officer. If any law enforcement agency leaves a child at a DFCS office without having obtained the required legal documentation, DFCS shall immediately initiate procedures to obtain an emergency custody order. 

Prior to authorizing the removal of a child from their home or ordering a child to remain in protective custody, the court shall consider whether there are reasonable alternatives to the removal of the child and placement into foster care.

Temporary Alternatives to Foster Care (TAFC) 

The juvenile court may order a TAFC to prevent or reduce the trauma of removal. This may include authorizing or continuing any voluntary agreement between the parent, guardian or legal custodian and DFCS to allow a child to be cared for by persons with whom the child has an existing bond or attachment; or other actions to ensure the safety of the child pending further action by the court on the dependency complaint or petition (see policy 17.3 Legal: Court Orders and Placement Authority Practice Guidance: Temporary Alternatives to Foster Care [TAFC] Orders for the actions that a court may order in conjunction with a TAFC). 

TAFC may be ordered by the court ex parte, prior to or following a PPH. When entering an order for a TAFC authorizing or continuing any voluntary agreement between the parent, guardian, or legal custodian and DFCS for the child to be care for by a relative or fictive kin, the court shall order a preliminary assessment of the person who is to provide care for the child by a probation officer, or other individual or agency as the court may designate. DFCS utilizes the Kinship Assessment to meet the requirements of the preliminary assessment (see policy 22.3 Kinship: Kinship Assessment). The preliminary assessment shall be completed no later than 72 hours after the time the order is entered. If the order is entered on a weekend, the preliminary assessment may be completed no later than five days after the order has been entered. 

The preliminary assessment shall include at a minimum:

1. A walk-through of such person’s resident to identify safety hazards; 
2. An in-state criminal record check of the relative or fictive kin and all other adults living in the residence; 
3. A search of the Georgia Sex Offender Registry for the relative or fictive kin and all adults living in the home; and 
4. A search of data provided electronically to the public by the Department of Community Supervision and the Department of Corrections for information on the relative or fictive kin and all adults living in the home.

Best Interest Determination 

The SSCM shall consider the “best interests” of the child whenever making recommendations to the court. Whenever a best interest determination is required (at any juvenile court proceeding), the court shall consider and evaluate all the factors affecting the best interests of the child based on the child’s age and developmental needs. Such factors shall include: 

1. The physical safety and welfare of the child, including food, shelter, health, and clothing. 
2. The love, affection, bonding, and emotional ties existing between the child and each parent or person available to care for the child.
3. The love, affection, bonding, and emotional ties existing between the child and his/her siblings, half siblings and stepsiblings, and the residence of the other children. 
4. The child’s need for permanence, including the child’s need for stability and continuity of relationships with his/her parent, siblings, other relatives, and any other person who has provided significant care to the child. 
5. The child’s sense of attachments, including his/her sense of security and familiarity, and continuity of affection for the child. 
6. The capacity and disposition of each parent or person available to care for the child, to give him/her love, affection, and guidance, and to continue the education and rearing of the child.
7. The home environment of each parent or person available to care for the child related to the child’s nurturance and safety. 
8. The stability of the family unit and the support systems within the community to benefit the child. 
9. The mental and physical health of all individuals involved. 
10. The home, school, and community history of the child as well as any health or educational special needs of the child. 
11. The child’s community ties, including church, school, and friends. 
12. The child’s background and ties, including familial, cultural, and religious. 
13. The least disruptive placement alternative for the child. 
14. The uniqueness of every family and child. 
15. The risks to entering and being in substitute care. 
16. The child’s wishes and long-term goals. 
17. The preferences of the persons available to care for the child. 
18. Any evidence of family violence, substance abuse, criminal history or sexual, mental, or physical child abuse in any current, past, or considered home for such child. 
19. Any recommendation by a court-appointed custody evaluator or Guardian Ad Litem (GAL). 
20. Any other factors considered by the court to be relevant and proper to its determination.

Court Ordered Visitation 

When a child is removed from his/her home, the court will order reasonable visitation that is consistent with the age and developmental needs of a child if the court finds it is in the child’s best interests. State law provides that there be a presumption that visitation will be unsupervised unless the court finds that unsupervised visitation is not in the child’s best interests. Thus, the court’s order must specify the frequency, duration, and terms of visitation, including whether visitation will be supervised or unsupervised. DFCS has a responsibility in making recommendations to the court initially and on an ongoing basis, including whether visitation should be supervised or unsupervised. Information that must be considered includes, but is not limited to:

1. CPS history and prior Permanency (Foster Care) history; 
2. Current allegations; 
3. Current family conditions; 
4. Sufficiency of the safety plan; 
5. Caregivers’ intent and attitudes towards support of the safety plan; 
6. Progress towards the enhancement of caregiver protective capacities; and 

7. The best interest of the child including safety, permanency, and well-being. 

   NOTE: Within 30 days of the court finding that there is a lack of substantial progress towards completion of a case plan, the court shall review the terms of visitation and determine whether the terms continue to be appropriate for a child or whether the terms need to be modified.

Preliminary Protective Hearing 

The purpose of the PPH is to allow the court to determine whether there is probable cause to believe a child is a dependent child and whether protective custody of a child is necessary to prevent abuse or neglect pending the hearing on the dependency petition. At the PPH, the court informs the parties of: 

1. The contents of the complaint. 
2. The nature of the proceedings. 
3. The parties’ due process rights, including the parties’ right to: 
   1. An attorney or to an appointed attorney if they are indigent persons; 
   2. Call witnesses and to cross-examine all witnesses; 
   3. Present evidence; and 
   4. A trial by the court on the allegations in the complaint or petition.

At the PPH, the court may: 

1. Dismiss the case and return the child to the parent, guardian, or legal custodian; 
2. Return the child to the parent, guardian or legal custodian pending the hearing on the dependency petition. The court may also order a temporary alternative to foster care if it determines that such an order is necessary to prevent abuse or neglect prior to the adjudicatory hearing and to prevent the need for the child to be placed in foster care; or 
3. Place the child in the temporary custody of DFCS pending the hearing on the dependency petition. DFCS shall prioritize temporary placement with an adult who is a relative or fictive kin, provided that the individual has met DFCS’ requirements for relative placement and the placement is in the best interest of the child.

The judge will hear limited testimony from the parties to determine whether there is probable cause to believe that the allegations of dependency are true. The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of an alleged dependent child or to make determinations or findings. 

The first order signed by a judge sanctioning the removal of the child or an ordering a temporary alternative to foster care must contain the language and finding that “continuation in his or her home would be contrary to the welfare of the child” or “removal is in the best interest of the child”. A judicial determination shall be made at this time as to whether DFCS has made “reasonable efforts to preserve and reunify families”.

Adjudication Hearing 

The purpose of the adjudication hearing is to determine whether the allegations in the petition are true and if the child is “dependent” under Georgia law. At the adjudication hearing, the issue is whether the child is a dependent child. The judge may not allow hearsay evidence; thus, persons with firsthand knowledge of the matter must personally testify. DFCS bears the burden of proof that the allegations in the petition filed are true by clear and convincing evidence. If the court finds the allegations in the petition are true, it should make both specific findings of fact and conclusions of law. If the child is found to be dependent, the court may immediately, or within 30 days, make a disposition as well as make a finding whether such dependency is a result of substance abuse by child’s parent, guardian, or legal custodian. A judicial determination must be made, at this time and in court orders for later hearings, as to whether DFCS is making “reasonable efforts to preserve and reunify families”. If the child is not found dependent, the court shall dismiss the petition and order the child discharged from foster care or other restriction previously ordered.

The following persons shall have a right to participate in the adjudication hearing: 

1. The parent, guardian, or legal custodian of the child, unless such person cannot be located or fails to appear despite being notified; 
2. The attorney and guardian ad litem of the child; 
3. The child, unless the court finds that being present is not in the child’s best interests; 
4. The attorneys for the parent, guardian, or legal custodian of the child; 
5. The assigned DFCS employee; and 
6. The SAAG for DFCS.

The following persons may also be present at an adjudication hearing if the court finds it is in the child’s best interest:  

1. Any relative or other persons who have demonstrated an ongoing commitment to a child and with whom he/she might be placed; 
2. DFCS employees involved with the case; 
3. An advocate as requested by the parent, guardian, or legal custodian of the child; and 
4. Other persons who have knowledge of or an interest in the welfare of the child.

Disposition Hearing 

The disposition hearing is often held immediately following the adjudication hearing, but the court may schedule it at a later date. The purpose of the disposition hearing is to determine the needs of the child who has been adjudicated dependent and the most appropriate disposition for the child now that he/she has been found “dependent.” The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a dependent child and the most appropriate case plan and permanency plan (see policy 17.3 Legal: Court Orders and Placement Authority). At the conclusion of the disposition hearing, the court shall set the time and date for the first periodic review hearing and the permanency plan hearing. 

Before determining the appropriate disposition, the court shall receive, not less than 48 hours prior to the disposition hearing, the following in evidence: 

1. The social study report (usually the Comprehensive Child and Family Assessment [CCFA]), if the court directs as discussed in Practice Guidance: Social Study; and 
2. The child’s proposed written case plan.
3. . The completed diligent search. 

NOTE: If the court elects to hold the disposition hearing in conjunction with the adjudication hearing, timeframes for submitting the initial case plan, social study and diligent search will be shortened. Thus, the SSCM will need to ensure the case plan and social study are completed and submitted to the court at least 48 hours prior to the disposition hearing and the diligent search is completed before the disposition hearing.

The court shall also consider: 

1. Any study or evaluation made by the GAL. 
2. Any psychological, medical, developmental, or educational study or evaluation of the child. 
3. Other relevant evidence, including, but not limited to, the willingness of the caregiver to provide permanency for the child if reunification is not successful.

Prior to a disposition hearing and upon request, the parties and their attorneys shall be given an opportunity to examine any written report received by the court. Portions of written reports may be withheld by the court. Parties and their attorneys shall be given the opportunity to dispute written reports and to cross-examine individuals making the reports. 

The court may make any of the following orders of disposition or combination of dispositions best suited to the protection and physical, emotional, mental, and moral welfare of the child:

1. Permit the child to remain with his or her parents, guardian, or legal custodian, with or without conditions by the court, including supervision. 
2. Grant or transfer temporary legal custody to any of the following persons or entities: 
   1. Any individual, including a biological parent, who has been studied and has been determined to be qualified to receive and care for the child, provided that priority placement is given to an adult who is a relative or fictive kin;
   2. An agency or other private organization licensed or legally authorized to receive and provide care for a child; 
   3. Any public agency authorized by law to receive and provide for care for the child except the Department of Juvenile Justice (DJJ) or the Department of Behavioral Health and Developmental Disabilities (DBHDD); or 
   4. An individual in another state, with or without supervision, pursuant to the Interstate Compact on the Placement of Children (see policy 15.6 Interstate Compact on the Placement of Children (ICPC): Court Jurisdiction Cases and Other ICPC Components). 
3. Transfer jurisdiction of the child in compliance with ICPC. 
4. Order the child and his/her parent, guardian, or legal custodian to participate in counseling or other services as determined by the court. 
5. Order the parent, guardian, or legal custodian of the child to participate in a court-approved educational or counseling program designed to contribute to the ability of the parent, guardian, or legal custodian to provide proper care and supervision of the child including, but not limited to, parenting classes. 
6. Order DFCS to implement and the parent, guardian, or legal custodian to cooperate with any court-approved plan. 
7. Order temporary child support.

If a child is adjudicated as a dependent child and the dependency is found to have been the result of substance abuse by his or her parent, guardian, or legal custodian and the court orders transfer of temporary legal custody of such child, the court shall be authorized to further order that legal custody of such child may not be transferred back to his or her parent, guardian, or legal custodian unless such parent, guardian, or legal custodian: 

1. Undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than 12 consecutive months; or 
2. Successfully completes programming through a family treatment court division.

Social Study 

If the allegations of the dependency petition are admitted or after the child is adjudicated dependent, the court may direct a person to complete a written social study and report. In most situations, the CCFA will serve as the social study for the case. A social study shall include, but not be limited to, a factual discussion of the following: 

1. The plan for reunification and for achieving permanency for the child if reunification efforts fail. 
2. Whether it is in the best interest of the child to grant reasonable visitation rights to his/her other relatives to maintain and strengthen the child’s family relationships. 
3. Whether the child has siblings under the court’s jurisdiction, and if so: 
   1. The nature of the relationship between the child and his/her siblings. 
   2. Whether the siblings were raised together in the same home and whether they have shared significant common experiences or have existing strong bonds. 
   3. Whether the child expresses a desire to visit or live with his/her siblings and whether ongoing contact is in the child’s best interest. 
   4. The appropriateness of developing and maintaining sibling relationships. 
   5. If siblings are not placed together, why they are not placed together, the efforts being made to place them together or why those efforts are not appropriate. 
   6. If siblings are not placed together, the frequency and nature of visitation with siblings. 
   7. The impact of the sibling relationship on the child’s placement and planning for legal permanence. 
4. The appropriateness of a placement with a relative. 
5. Whether a caregiver desires and is willing to provide permanency for the child if reunification is not successful.

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