REQUIREMENTS

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

1. In collaboration with the juvenile court have a case review system that meets the federal requirements of Title IV-E and ensures that: 

   1. A review of each child’s status is made no less frequently than once every six months either by a court or by an administrative review to: 

      1. Determine the safety of the child and the continuing need for and appropriateness of the placement; 
      2. Determine the extent of compliance with the case plan;
      3. Determine the extent of progress made toward alleviating or mitigating the causes necessitating the placement; and 
      4. Project a likely date by which the child may be returned and safely maintained at home or placed for adoption or legal guardianship; 
      5. For a child for whom another planned permanent living arrangement (APPLA) has been determined as the permanency plan, determine the steps DFCS is taking to ensure the child’s foster family home or childcare institution is following the reasonable and prudent parent standard and to ascertain whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities; 

      NOTE: DFCS has not implemented qualified residential treatment programs (QRTP), therefore provisions for case reviews of children placed in a QRTP will be incorporated at such time the program has been implemented.

   2. If an administrative review is conducted instead of a case review, the following requirements will be met: 
      1. The review will be open to the participation of the parents of the child;
      2. The review will be conducted by a panel of appropriate persons, at least one of whom is not responsible for the case management of, or delivery of services to either the child or the parents who are the subject of the review.
2. Inform the court if 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 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency). 
3. Conduct a formal evaluation of all cases at least two weeks prior to any initial or subsequent periodic review or permanency plan hearing. 
4. Utilize DFCS panel case reviews only when the child is no longer subject to permanency plan hearings by the court to ensure the child’s case is reviewed every six months. 
5. Participate in all case reviews/permanency hearings including: 
   1. The initial review conducted by the court within 75 days following a child’s removal from the home; 

   2. The periodic review conducted by the court or the Judicial Citizen Review Panel (JCRP) within 4 months following the initial review; 

      NOTE: The JCRP may conduct any other periodic review as requested by the court. 

   3. Any subsequent review hearings the court shall schedule at its discretion; 
   4. A review when a child is placed pursuant to a permanency plan of adoption following a termination of parental rights and the adoption petition is not filed within six months following the disposition order. 

6. Notify the court, at each review hearing, whether and when DFCS intends to proceed with the termination of parental rights. 

   NOTE: If at any review subsequent to the initial 75 day review the court finds that there is a lack of substantial progress towards completion of the case plan, the court shall order DFCS to develop a case plan for non-reunification or a concurrent case plan contemplating non-reunification (see policy 10.23 Foster Care: Case Planning). 

7. Submit an updated diligent search to the court at each periodic review hearing (see policy 19.20 Case Management: Diligent Search).

8. Submit a written report to the court recommending a permanency plan at least five days prior to a permanency plan hearing. 

   NOTE: A thoroughly completed case plan should meet the requirements of a written report recommending a permanency plan (see Practice Guidance: Written Report for Permanency Plan Hearings). 

9. Ensure written notification of the permanency plan hearing and submission of the recommended permanency plan for the court’s consideration is provided at least 72 hours prior to the permanency plan hearing to the following: 
   1. The child; 
   2. The parent, guardian, or legal custodian; 
   3. The child’s attorney; 
   4. The Guardian Ad Litem (GAL); 
   5. Foster parents, pre-adoptive parents, kinship caregivers or other placement resources (see policy 17.8 Legal: Caregiver’s Right to be Notified and Heard); and
   6. Other parties.
10. Provide documentation to the court of the compelling reason for the alternate plan if DFCS concludes, after considering reunification, adoption, legal guardianship, or permanent placement with a fit and willing relative, that the most appropriate permanency plan for a child is placement in another planned permanent living arrangement (APPLA). 

11. Document in the case plan presented at each permanency plan hearing held in the case of any child for whom APPLA is the permanency plan: 

    1. The intensive, ongoing and, as of the date of the hearing, unsuccessful efforts made to return the child home or secure a placement for the child with a fit and willing relative (including adult siblings), a legal guardian or an adoptive parent, including through efforts that use search technology (such as social media) to find biological family members for the children; 
    2. The steps DFCS is taking to ensure the child’s foster family home or child care institution is following the reasonable and prudent parent standard; and 
    3. The steps DFCS is taking to ensure the child has regular, ongoing opportunities to engage in age and developmentally appropriate activities (including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities). 

    NOTE: DFCS has not implemented the qualified residential treatment program (QRTP), therefore provisions for permanency plan hearings of children placed in a QRTP will be incorporated at such time the program has been implemented. 

12. Participate in permanency plan hearings held for all children in foster care under the responsibility of the state, including children for whom DFCS claims federal reimbursement for the costs of voluntary foster care maintenance payments. Ensure a permanency plan hearing: 
    1. Determines the permanency plan for a child including whether and, if applicable, when a child will be returned to the parent or placed for adoption, whether DFCS will file a petition for termination of parental rights (TPR), or a child will be referred to legal guardianship, or only in the case of a child who has attained 16 years of age (in cases where DFCS has documented to the court a compelling reason for determining, as of the date of the hearing, that it would not be in the best interest of the child to return home, be referred for TPR or be placed for adoption, with a fit and willing relative or a legal guardian) placed in another planned permanent living arrangement (APPLA); 
    2. Considers in-State/Tribal service area and out-of-State/Tribal service area placement options (in the case of a child who will not be returned to the parent); 
    3. Determines whether the out-of-State/Tribal service area placement continues to be appropriate and in the best interests of the child (in the case of a child placed out of the State/Tribal service area in which the home of the parent(s) of the child is located);
    4. Determines the services needed to assist the child to make the transition from foster care to successful adulthood (in the case of a child who has attained 14 years of age); 
    5. Applies procedural safeguards to ensure the court conducting the hearing: 
       1. Consults, in an age-appropriate manner, with the child regarding the proposed permanency plan or transition plan for the child; and
       2. Asks the child about their desired permanency plan (for any child with a goal of APPLA); and
       3. Makes a judicial determination explaining why, as of the date of the hearing, APPLA is the best permanency plan for the child, and the compelling reasons why it continues to not be in the best interest of the child to return home, be placed for adoption, be placed with a legal guardian, or be placed with a fit and willing relative (for any child with a goal of APPLA); 
       4. Determines if the permanency plan developed for a child that has attained 14 years of age, and any revision or addition to the plan, is developed in consultation with the child and, at the option of the child, with not more than 2 members of the permanency planning team who are selected by the child and who are not a foster parent of, or case manager for, the child, except that DFCS may reject an individual so selected by the child if the agency has good cause to believe that the individual would not act in the best interests of the child, and one individual so selected by the child may be designated to be the child’s advisor and, a necessary advocate, with respect to the application of the reasonable and prudent parent standard to the child.
    6. Applies procedural safeguards with respect to parental rights pertaining to the removal of a child from the home of his/her parents to a change in the child’s placement, and any determination affecting visitation privileges of parents. 
    7. Is held within 30 days of a court’s determination that reasonable efforts to return a child home are not required unless the requirements of the permanency plan hearing are fulfilled at the hearing in which the court determines reasonable efforts to reunify a child and family are not required. 

    8. Takes place within 12 months of the date the child is considered to have entered foster care [as defined within the meaning of 475(5)(F)] and not less frequently than every 12 months thereafter during the continuation of foster care. Georgia law requires: 

       1. A permanency plan hearing to be held within nine months of the date the child is considered to have entered foster care for children under seven years of age at the time the dependency petition is filed (and any siblings that enter care at the same time); 

       2. A permanency plan hearing must be held no later than 12 months after a child seven years of age or older is considered to have entered foster care; 

          EXCEPTION: If a sibling group enters care at the same time and at least one member of the group is under seven years of age at the time the dependency petition is filed, the permanency plan hearing for the entire sibling group shall be held no later than nine months after the children are considered to have entered foster care (see policy 17.1 Legal: The Juvenile Court Process Practice Guidance regarding calculating timeframes). 

       3. Subsequent permanency plan hearings shall be held at least every six months after the initial permanency plan hearing or more frequently as deemed necessary by the court. 

       NOTE: A review compliant with federal case review requirements shall be completed as part of every permanency plan hearing. 

    9. Makes judicial findings of reasonable efforts to finalize the permanency plan; however, this finding must be made within 12 months of the date the child is considered to have entered foster care. 

    10. Conducted by an administrative body, appointed, or approved by the court, applies the procedural safeguards set forth in the definition of a permanency plan hearing. 

        NOTE: In Georgia, permanency plan hearings shall be conducted by the court.

13. Inform the court, when the case plan is concurrent, of the reasonable efforts made to recruit, identify, and make a placement with kin (relatives and fictive kin), foster parent, or another person who has demonstrated an ongoing commitment to the child and has agreed to provide a permanent home for the child if reunification is not successful when the case plan is concurrent. 
14. Re-evaluate concurrent case plans every 90 days via a formal meeting (i.e., Family Team Meeting (FTM), Permanency Roundtable, case staffing, etc.) with the parents, guardians or legal custodians, child, placement resource, and family's support team. 
15. Upload any court orders, not uploaded via the Case Plan Reporting System (CPRS), in External Documentation in Georgia SHINES.

PROCEDURES

Formal Evaluation

Prior to any review or permanency plan hearing, the SSCM will: 

1. At least five calendar days in advance of the Family Team Meeting (FTM) to review and/or revise the case plan, provide written notification to the parents, guardians or legal custodians, child, extended family, Court Appointed Special Advocate (CASA)/Guardian ad Litem (GAL), placement resource, service providers and any other significant persons. Include in the notification: 
   1. The purpose of the meeting; 
   2. The date, time, and location of the meeting; 

   3. The opportunity of the placement resource to share information about the child. 

      NOTE: If they are unable to attend the review, then verbal or written input may be provided and considered at the time of the review; 

   4. That a permanency plan hearing will be held no later than 30 calendar days from the date DFCS files a proposed non-reunification plan if DFCS is recommending nonreunification. 
2. Conduct an FTM or other family meeting to evaluate progress toward achieving reunification or another permanency plan and address barriers towards achievement (see policy 19.3 Case Management: Solution-Focused Family Team Meetings). 
3. Complete an updated diligent search and submit it to the court at each periodic review hearing (see policy 19.20 Case Management: Diligent Search). 
4. Revise the case plan in Georgia SHINES including:  
   1. Child Plan and permanency plan; 
   2. Outcomes and tasks: 
      1. Dates when outcomes/tasks were completed; 
      2. Progress or lack thereof on the Child Plan, Family Plan, and WTLP; 
      3. Adding, deleting, or modifying outcomes/tasks, if applicable. 
   3. Selecting and documenting the reason(s) non-reunification is recommended on the Non-Reunification Checklist of the Family Plan, if applicable; 

   4. Indicating whether DFCS intends to file a petition for TPR, and if so when. 

      NOTE: If DFCS indicates it does not intend to petition for TPR, the court may appoint a GAL to determine whether termination proceedings should commence. 

5. Review and obtain signatures of the parents, guardians or legal custodians, child (if age and developmentally appropriate), the SSCM, and the Social Services Supervisor (SSS) on the case plan.
6. Provide a copy of the proposed case plan to the parents, guardians, or legal custodians at the time of the FTM, if possible. Otherwise, send them a copy of the proposed case plan via certified mail within five calendar days of the review meeting. 
7. Submit the proposed case plan to the juvenile court or JCRP within the required timeframes prior to the review/hearing.

Case Plan Reviews Conducted by the Court and Permanency Plan Hearings 

For initial reviews or subsequent periodic reviews conducted by the court and permanency plan hearings, the SSCM will: 

1. Submit the proposed case plan to the court (via the CPRS interface, if applicable) five calendar days prior to the review/hearing, including a statement as to whether DFCS intends to proceed with TPR.
2. Submit an updated diligent search to the court at each periodic review hearing. 
3. Attend the hearing and provide testimony supporting DFCS’ recommendations. 
4. Provide copies of the appropriate components of the case plan, upon receipt of the court order and approved plan from the court to the following: 
   1. Placement resource for the child (i.e., foster parent, kin, etc.); 
   2. Child (when age and developmentally appropriate); 
   3. GAL/CASA; and 

   4. Any other person (with the signed consent of the parent, guardian, or legal custodian). 

      NOTE: Refer to policy 10.23 Foster Care: Case Planning for the components of the case plan required to be provided. 

5. Update the Legal Action and Outcomes Detail page, Family Plan, Child Plan, etc. in Georgia SHINES.

Subsequent Reviews Conducted by Judicial Citizen Review Panels (JCRP) 

The SSCM will: 

1. Attend the JCRP and be prepared to discuss the following: 
   1. Case plan information, including any updates from the last review; 
   2. Information about the child, including: 
      1. Current placement;
      2. Educational, medical, and behavioral needs; 
      3. Special needs;
      4. Appropriateness of services provided to the child, parent, guardian, or legal custodian and placement resource to address the child’s needs. 
   3. The frequency and outcome of parent-child visits; 
   4. Sibling visits and efforts to place siblings together if they are not placed together; 
   5. Progress on the outcomes and tasks by all parties of the case plan, including the level of participation/cooperation and any behavioral changes observed; 
   6. Appropriateness of the recommended permanency plan and a projected date by which it can be achieved;  
   7. The compelling reason for selecting a permanency plan other than reunification including an explanation of why the permanency plan is in the child’s best interest and reunification or other permanency plans are not, if applicable; 
   8. Specific steps to be taken by DFCS to finalize the permanent placement of the child; and 
   9. Whether DFCS intends to file for TPR and, if so when the petition will be filed
2. Indicate whether DFCS agrees with the panel’s findings and recommendations prior to the conclusion of the review. 
3. Provide the placement resource with a copy of the portions of the report of the JCRP that involves the recommended permanency goal and the recommended services to be provided to the child. 
4. Update the Legal Action and Outcomes Detail page, Family Plan, Child Plan, etc. in Georgia SHINES.

The JCRP and its local Program Coordinator will: 

1. Review all cases of children in foster care in the legal custody of DFCS when directed to do so by the court. 
2. Provide at least 72 hours advanced notice of any scheduled reviews to the following: 
   1. Parents, guardians, or legal custodians; 
   2. DFCS staff; 
   3. Foster parents/placement resource; 
   4. Relatives; 
   5. GAL/CASA; and 
   6. Any other person having specific knowledge of the case and who can assist the panel in its review. 
3. Assist DFCS in developing the initial case plan, when designated by the court. 
4. Conduct the review and complete findings and recommendations, including whether grounds for TPR exist. 
5. Make a recommendation to DFCS and the child’s attorney to file a TPR petition because a parent, guardian, or legal custodian has unjustifiably failed to comply with the ordered reunification case plan and such failure is significant enough to warrant consideration of TPR. 
6. Provide the following to the court and parent, guardian, or legal custodian within five days after the review: 
   1. JCRP report, including findings and recommendations; 
   2. DFCS proposed plan for reunification or other permanency plan.

DFCS Panel Case Review 

When utilizing a DFCS Panel Case Review as the method of review, the SSCM will: 

1. Determine if the DFCS Panel Case Review option is appropriate for a child in foster care depending on whether: 
   1. The child is exempt from mandatory judicial review (in accordance with the judge’s approval); and 
   2. A Judicial Citizen Review Panel (JCRP) is not an option in the county or if it is, the child is exempt from JCRP review. 
2. Provide 14 days advanced written notification of the scheduled review to the parents, guardians or legal custodians, child (if age and developmentally appropriate), placement resource, and any others pertinent to the case planning process. The notification should include the following: 
   1. The purpose of the meeting; 
   2. The date, time, and location of the meeting; and 
   3. The parents, guardians, or legal custodians right to bring a representative to the meeting.
3. Conduct the DFCS panel case review with at least one member of the panel outside of the direct line of case management or service delivery for the child/family. 
   1. Obtain the appropriate release of information (ROI) and confidentiality agreements prior to beginning the meeting; 
   2. Discuss the following at the DFCS panel case review: 
      1. The purpose and goals of the review; 
      2. The focus of the agency and court upon achieving permanency for the child; 
      3. The continuing necessity for placement; 
      4. The extent of parental involvement and responsibility in resolving the issues that led to the child’s removal and/or prevent the child from being safely returned to the home;
      5. The extent of progress or lack of progress toward the identified case plan outcomes and tasks that are designed to achieve permanency; 
      6. The appropriateness of the placement and the services provided to the child; 
      7. Outcomes and tasks outlined on the child’s WTLP (see policy 13.3 Independent Living Program: Written Transitional Living Plan); and 
      8. Alternative options for the parents, guardians, or legal custodians have in planning for a permanent home for their child. 
   3. Review and obtain signatures of the parents, guardians or legal custodians, child (if age and developmentally appropriate) and each panel member on the case plan. Identify the panel member outside of the direct line of case management or service delivery using an asterisk; 
   4. Provide an approved copy of the revised case plan to the parents, guardians, or legal custodians at the time of the meeting, if possible. If not, send a copy by certified mail to the parents, guardians, or legal custodians within five business days of the review. Copies should also be provided to the following: 
      1. Child (if age and developmentally appropriate); 
      2. Panel members;
      3. GAL/CASA;
      4. Placement resource; 
      5. The court; and 
      6. Any other significant person if the parent, guardian, or legal custodian signs a release of information. 
4. Provide written notification to the parents, guardians, or legal custodians of any changes needed on the case plan and their right to appeal through a fair hearing (see policy 17.16 Legal: Fair Hearings).

Post-Termination Reviews 

The SSCM will: 

1. Prepare and submit a status report including: 
   1. The circumstances of the child; 
   2. The child-specific recruitment strategies, such as the use of state, regional and national adoption exchanges and/or electronic exchanges which have been used to identify a home; and 

   3. Any other steps taken to achieve the permanency plan of adoption. 

      NOTE: An updated case plan should suffice as the status report unless the judge requires a separate report.

2. Recognize there is no requirement for the court to receive a status report for review if the child is in an adoptive placement with a petition filed to finalize the adoption. 
3. Ensure the case plan is submitted every six months for review at a permanency plan hearing until the adoption is finalized.

The SSS will: 

1. Review the case record to determine whether: 
   1. An updated diligent search has been completed and submitted to the court prior to each periodic review hearing; 
   2. Reasonable efforts are being made and documented to achieve permanency; 
   3. Sufficient evidence exists to support the child’s continued stay in foster care and/or permanency plan to be considered by the court. 
2. Assist the SSCM in: 
   1. Determining DFCS’ recommendations to the court, including whether or not visits with a child in DFCS custody need to be supervised (see Practice Guidance: Best Interest Determination in policy 17.1 Legal: The Juvenile Court Process); 
   2. Preparing for court testimony. 
3. Staff the case with the SSCM, other relevant DFCS staff, and the SAAG prior to any court hearing (see policy 19.6 Case Management: Supervisory Staffing). 
4. Attend court hearings as needed to provide guidance and support to the SSCM. 
5. Complete the following, either directly or indirectly through a designee, when the Judicial Citizen Review Panel (JCRP) is utilized to conduct the review:  
   1. Provide the local JCRP Program Coordinator with a master calendar of foster care cases to be reviewed at least quarterly; 
   2. Provide the local JCRP Program Coordinator with a list of individuals to be invited to each review at least 20 business days prior to the scheduled review; 
   3. Provide or ensure the local JCRP Program Coordinator has the following documents at least five business days prior to the scheduled review: 
      1. Comprehensive Child and Family Assessment (CCFA);
      2. Initial and subsequent case plans including the current proposed case plan; 
      3. Petitions and court orders related to the case; 
      4. Copies of psychological evaluations, mental health reports, school records and any other pertinent document that would assist in case planning and decision making; and 
      5. Any additional information, within five business days of the request. 
   4. Ensure the Permanency SSCM or SSS assigned to the case attends the review; 

   5. Ensure the Permanency SSCM or SSS is knowledgeable and prepared to engage the panel in a thorough discussion of the case. 

      NOTE: The above procedures for JCRPs are outlined by the Council on Juvenile Court Judges but may vary in each county based on protocols developed between the County Department and the JCRP Program Coordinator.  

6. Ensure documentation is entered and court orders are uploaded in Georgia Shines within 72 hours of the case review/permanency plan hearing. 
7. Review court orders for: 
   1. Accuracy;  
   2. Required language and case-specific details; 
   3. Court-ordered recommendations/tasks.
8. Ensure compliance with the orders of the court.

PRACTICE GUIDANCE

90 Day Re-evaluation of Concurrent Case Plans and Permanency Plans 

The evaluation should be completed through the use of a formal process that ensures family engagement in the planning, development, and implementation of the primary plan of reunification as well as any alternative permanency plan. This may take the form of any type of evaluation in which the family, the SSCM, SSS, and any other relevant family support team members, come together to formally review outcomes and levels of achievement and to decide on the next steps. At each evaluation, the progress toward achievement of the permanency plan(s) should be discussed as well as the status of placement with resource parents, visitation plan and any barriers to achieving reunification or an alternate permanency plan.

Types of Reviews that Complies with Provisions of Title IV-E of the Social Security Act 

There are three methods of review that comply with Federal requirements: 

1. Case Review/Permanency Plan Hearings conducted by the juvenile court judge, associate judge, or judge pro tempore;
2. Judicial Citizen Review Panel (JCRP) conducted by a court-appointed panel of citizens acting in a review and advisory capacity on behalf of the judge who must approve the findings of the panel; 
3. DFCS Panel Case Review conducted internally by DFCS staff with a three-person panel, with at least one panel member being out of the direct line of case management responsibility for either the child or family. 

Timely reviews continue even when children are on runaway status; TPR has occurred but is under appeal, or children are on adoptive status pending finalization.

Initial, Periodic, or Other Review Hearings 

For initial reviews, the court shall: 

1. Provide 72 hours advanced written notice to all parties; 
2. Hear the evidence, which may include oral and written testimony offered by the parents, guardians or legal custodians, foster parents, pre-adoptive parents, and/or kin caring for the child and the SSCM; 
3. 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; 
4. Approve the completion of the relative search; 
5. Schedule the subsequent four-month review to be conducted by the court or JCRP; 
6. Determine the following: 
   1. Whether a child continues to be a dependent child; 
   2. Whether the existing case plan is still the best case plan for the child and his/her family and whether any changes are needed in the case plan, including whether a concurrent non-reunification plan is appropriate; 
   3. Compliance by all participants with the case plan; 
   4. Appropriateness of any recommended changes to the child’s placement; 
   5. Whether appropriate progress is being made on the permanency plan; 
   6. Whether all legally required services are being provided to the child, his/her foster parents and his/her parent, guardian, or legal custodian;
   7. Whether visitation is appropriate and, if so, approve and establish a reasonable visitation schedule consistent with the age and developmental needs of the child;  
   8. Whether the services needed to assist the child (14 years of age and older) to make a transition from foster care to successful adulthood is being provided; and 
   9. Whether reasonable efforts continue to be made to prevent or eliminate the child’s removal and to reunify the family unless reasonable efforts were not required.

A parent, guardian or legal custodian may request a hearing before the court within five days of receipt of the case plan when they do not agree with the initial case plan developed or the proposed revised case plan reviewed by the JCRP. Upon reviewing the case plan and hearing evidence, the court shall issue a supplemental order to incorporate any changes/revisions. 

Other review hearings may be held at any time by the court at the request of any party to determine the continued appropriateness of the case plan outcomes, services, and progress made to date. The overall case outcome for permanency is usually the focus of these review hearings. The court may direct additional reviews by the JCRP (see policy 17.16 Legal: Fair Hearings).

Judicial Citizen Review Panels 

The Council of Juvenile Court Judges administers Judicial Citizen Review Panels (JCRP) in select counties/ judicial circuits. The local juvenile court judge appoints volunteers from the community to serve as JCRP panel members and they receive specialized training by JCRP staff for their role in conducting reviews for children in foster care. They are appointed as sworn officers of the court and the judge affirms their confidentiality with respect to all information discussed and in acting in the best interest of the child. Although their role is advisory, their findings and recommendations are submitted to the judge with whom final authority rests regarding the case plan. The goal of a JCRP is to work collaboratively with DFCS, the court and other agencies to ensure reunification or to identify other permanency options when reunification is not possible. 

The judge appoints a local Program Coordinator to schedule the reviews, mail out notification letters to all parties invited to the review, maintain all official case and JCRP records and distribute the panel recommendations to the judge, DFCS, parents, guardians or legal custodians and other appropriate agencies/parties. At the conclusion of the review, the JCRP will complete its findings and recommendations for submission to the judge and will include:

1. The permanency plan for the child and possible achievement date; 
2. The documentation of a "compelling reason" should the panel select "another planned permanent living arrangement" as the child's permanency plan, along with an explanation as to why the other permanency options would not be in the child's best interests; 
3. The appropriateness of the current placement and services provided for the child; 
4. The visitation schedule and its outcome;  
5. The documentation regarding compliance with outcomes of the case plan and any recommendations for changes in the outcomes or permanency plan for the child; and 
6. The findings of fact regarding DFCS efforts to: 
   1. Make "reasonable efforts to finalize the permanency plan"; 
   2. Ensure that the placement continues to be appropriate and in the best interest of the child; and
   3. Determine the services needed to assist the child (age 14 years or older) in making a transition from foster care to being able to live independently.

Any party to the JCRP review may request a hearing on the proposed case plan in writing within five days after receiving a copy of the plan. The parent, guardian or legal custodian shall be notified in writing that the case plan will be submitted to the court for consideration. If no hearing is requested or scheduled by the court on its motion, the court shall: 

1. Review the proposed case plan; 
2. Enter a supplemental order incorporating the case plan as part of its disposition in the case; or 

3. Schedule a hearing within 30 days of a finding by the JCRP that there is a lack of substantial progress towards the completion of the case plan to determine whether a case plan for non-reunification is appropriate. 

   NOTE: If the proposed case plan is for non-reunification, the SSCM shall notify the parent, guardian, or legal custodian in writing that the court will hold a permanency plan hearing within 30 calendar days of receipt of the proposed non-reunification case plan to review DFCS’ recommendation that reunification is no longer appropriate. 

In the event a hearing is held after the JCRP, the court shall, after hearing evidence, enter a supplemental order incorporating all elements that the court finds essential in the proposed revised case plan.

Findings of Fact and Dispositions at the Conclusion of Periodic Reviews 

At the conclusion of a periodic review hearing or upon review of a report by a JCRP, the court will issue written findings of fact that include: 

1. Why a child continues to be a dependent child; 
2. Whether the existing case plan is still the best case plan for the child and family and whether any changes are needed including whether a concurrent non-reunification plan is appropriate; 
3. The compliance with the case plan by all participants; 
4. The basis for any changes to the child’s placement; 
5. Whether visitation is or continues to be appropriate; 
6. The progress made on the permanency plan; 
7. Whether all legally required services are being provided to the child, the child’s foster parents and the child’s parent, guardian, or legal custodian; 
8. Whether the services needed to assist the child (age 14 years of age or older) to make a transition from foster care to successful adulthood is being provided; and 
9. Whether reasonable efforts continue to be made to prevent or eliminate the child’s removal and to reunify the family unless reasonable efforts were not required.

Upon the conclusion of a periodic review hearing or review by a JCRP, the court will order one of the following dispositions: 

1. Return the child to the parent, guardian, or legal custodian with or without court-imposed conditions; 
2. Allow the child to continue in the current custodial placement because the current placement is appropriate to meet the child’s needs; 
3. Allow the child to continue in the current custodial placement although the current placement is no longer appropriate and direct DFCS to devise another plan which shall be: 
   1. Submitted within 10 days for court approval; 
   2. Furnished to all parties after court approval of the revised plan; and 

   3. Provided to the placement resource, child’s foster parents, pre-adoptive parents or kin caring for the child; or 

      NOTE: Only those portions of the court-approved revised plan that involves the permanency outcome and services to be provided to the child may be provided. 

4. Make additional orders regarding the treatment plan or placement of the child.

After transferring temporary legal custody of a child adjudicated dependent to DFCS, the court may at any time conduct, sua sponte (without prior motion or request), a judicial review of the current placement plan being provided for a child. After the review, the court may: 

1. Order DFCS to comply with the current placement plan; 
2. Order DFCS to devise a new placement plan; or 

3. Make any other order relative to placement or custody outside of DFCS as the court finds to be in the best interest of the child. 

   NOTE: Placement or a change of custody by the court outside DFCS shall relieve DFCS of further responsibility for such child except for any provision of services ordered by the court to ensure the continuation of reunification services to such child’s family when appropriate.

DFCS Panel Case Review 

Federal law requires periodic review of children in care by either a court or an administrative body (a panel). In Georgia, an administrative review is known as the DFCS Panel Case Review and 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, guardian, or legal custodian. This provision is intended to ensure objectivity in case planning and decision-making. DFCS Panel Case Reviews must be open to the participation of the parent, guardian, or legal custodian and child. Reviews must be held no less frequently than once every six months. If there is more than one County Department involved, the county of legal responsibility should arrange the DFCS Panel Case Review and provide the required written notice to the parent, guardian, or legal custodian. DFCS Panel Case Reviews should be utilized whenever the child or youth is exempt from mandatory judicial reviews.

Interdisciplinary staffing, treatment team reviews, etc. may substitute for a DFCS Panel Case Review if: 

1. It meets timeliness requirements; 
2. The SSCM is in attendance; 
3. The parent, guardian or legal custodian and child are invited and/or attend; and 
4. The case plan is updated at the time of the meeting. 

Extended family members may be involved in the DFCS Panel Case Review process, especially if they can provide input for case planning or for placement planning purposes. To the extent possible, the parent, guardian, or legal custodian should always be present at the DFCS Panel Case Review unless TPR has been granted. An incarcerated parent, guardian or legal custodian should be sent notice of the review and may participate by telephone if they are unable to be brought to the review. An incarcerated parent, guardian, or legal custodian may designate a representative to be present and give information during the review; however, the representative cannot sign the case plan for the parent, guardian, or legal custodian. It will be necessary for the parent, guardian, or legal custodian to sign a release to designate such individual to attend and be a party to the review. 

The child should attend a review. Excluding the child from participating in critical life decisions produces feelings of helplessness and confusion about being in foster care. However, if the child’s attendance is not appropriate, the specific reasons should be documented in the case record. At the review, information regarding the child should be shared by the SSCM and/or the individual providing care for the child. A written report may be shared at the review about the child should an individual with direct knowledge about the child not be present.

Composing the DFCS Panel Case Review 

The panel for the DFCS Panel Case Review shall be comprised of three DFCS staff members (one of whom will act in the capacity of chairing the review) including: 

1. A person who is not directly responsible for case management or service delivery to the child or parent, guardian, or legal custodian; 
2. The SSCM for the parents, guardians, or legal custodians and/or child (if rights are not terminated/surrendered); and 
3. The SSS, another SSS, or other DFCS staff person of a higher position.

In addition, the following participants may attend the DFCS Panel Case Review: 

1. DFCS Staff (SSS, Director, Field Program Specialist, State Office staff, etc.); 
2. GAL/CASA (if appointed); 
3. Facility representative where the child is placed; and 
4. Other agency staff/service providers/interested parties who can contribute information. 
   1. The parent, guardian, or legal custodian must sign a release for these individuals to be present for the entire review;
   2. A release is not necessary if the individuals only participate by giving information and answering questions during a portion of the review.

Review of Children on Adoptive Status 

The focus of the adoptive status review is permanency for the child, including any services needed or provided to achieve permanency. If the child is not in an adoptive placement, the review must address the steps needed to find an adoptive family, including child-specific recruitment efforts and the use of regional and national adoption exchanges/electronic exchanges and registries. If the child is in an adoptive placement, the review should address the steps or services needed to facilitate the filing of a finalization petition. The legal county and the supervising county need to determine each other’s roles in timely periodic reviews. 

The responsibilities of the court in post-termination adoption cases include the following:

1. Review the circumstances of the child every six months, if the child remains unadopted, to determine what efforts have been to assure that the child will be adopted, 
2. Make written findings regarding whether reasonable efforts have been made to move the child to permanency; 
3. Evaluate whether, in light of any change in circumstances, the permanency plan for the child remains appropriate; 
4. Enter such orders as it deems necessary to further adoption or if appropriate, other permanency options, including, but not limited to, another placement.

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 and the permanency and custody of a child whose parents have had their parental rights terminated or who have surrendered their parental rights.

Permanency Plan Hearing 

The Official Code of Georgia states the purpose of the permanency plan hearing is to determine the future permanent legal status of each child in DFCS custody. The permanency plan adopted by the court is entered into an order. The case plan developed to achieve the adopted permanency plan is monitored at subsequent permanency plan hearings and should result in the child’s timely exit from foster care into a safe, permanent home. Both federal and state statutes govern the time frames in which permanency plan hearings must be held. 

Federal regulations do not consider paper reviews, ex parte hearings, consent orders, or other actions/hearings that are not open to the participation of the parents, guardian or legal custodian, the child (if age and developmentally appropriate), foster parents, kin, or pre-adoptive parents as permanency plan hearings. 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 permanency plan. At the permanency plan hearing, the court shall make written findings of fact that include the following:

1. Whether DFCS has made reasonable efforts to finalize the permanency plan that is in effect at the time of the hearing; 
2. The safety and appropriateness of the placement and whether placement is still necessary; 
3. Compliance with the permanency plan by DFCS, parties, and any other service providers; 
4. Efforts to involve appropriate service providers in addition to DFCS staff in planning to meet the special needs of the child and the parent, guardian, or legal custodian; 
5. Efforts to eliminate the causes for placement outside of the child’s home, toward returning the child safely to the home or obtaining a permanent placement for the child; 
6. The date by which it is likely the child will be returned to the home, placed for adoption, placed with a permanent guardian or in some other alternative permanent placement; 
7. Whether the placement of a child who is placed out-of-state continues to be appropriate and in the best interests of the child; 
8. What services are needed to assist the child (14 years of age or older) in transitioning from foster care to successful adulthood; 
9. In the case of a child for whom APPLA is the permanency plan: 
   1. Whether DFCS has documented intensive, ongoing, and as of the date of the hearing, unsuccessful efforts to return the child to the home or to secure a placement for the child with a fit and willing relative, a legal guardian, or an adoptive parent, including through efforts that utilize search technology, including through social media, to find biological family members for the children; 
   2. Whether DFCS has documented the steps it is taking to ensure that the child’s foster family home or child care institution is following the reasonable and prudent parent standard and the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities; and 
   3. The child’s desired permanency outcome.
10. .If a child has attained the age of 14 years old, whether the permanency plan developed for the child, and any revisions or addition to the plan, was developed in consultation with the child and, at the option of the child, with not more than two members of the permanency planning team who were selected by the child and who is not a foster parent of or caseworker for the child. 
11. An explanation of the determination if the court finds, as of the date of the hearing, that APPLA is in the best interest of the child who is at least 16 years of age, and in its order, provide compelling reasons why it is not or continues to not be in a child’s best interests to be reunified, referred for TPR and adoption, placed with a guardian or placed with a fit and willing relative.

The permanency plan incorporated in the court’s order shall include: 

1. If and when the child shall be returned to the parent, guardian, or legal custodian; 
2. If and when the child shall be referred for Termination of Parental Rights (TPR) and adoption;  
3. If and when, the child shall be placed with a permanent guardian; or 
4. In the case in which DFCS has documented a compelling reason that none of the options listed above would be in the best interests of a child, whether, and if applicable when such child shall be placed in another planned permanent living arrangement.

Written Report for Permanency Plan Hearing 

A thoroughly completed case plan should be submitted to the court prior to any permanency hearing and should serve as the written report required by the court. The written report is required to document the steps to be taken by DFCS to finalize the permanent placement of the child and shall include, but not be limited to: 

1. The name, address, and telephone number of the child’s parent, guardian, or legal custodian; 
2. The date the child was removed from the home and placed in foster care; 
3. The location and type of home/facility where the child is currently placed or will be placed; 
4. The reasons for removing the child from the home; 
5. A statement as to the availability of a safe and appropriate placement with a fit and willing relative or another person who has demonstrated an ongoing commitment to the child or a statement why placement with the relative or other person is not safe or appropriate;
6. Documentation that a placement that would maintain a child in the current school setting is unavailable or inappropriate or that a transfer to a new school is in the child’s best interest; 
7. A plan for ensuring the safety and appropriateness of the placement and a description of the services provided to meet the needs of the child and family, including a discussion of services that have been investigated and considered and are not available or likely to become available within a reasonable time to meet the needs of the child, or if available, why such services are not safe or appropriate; 
8. The goal of the permanency plan which shall include:
   1. If and when the child shall be returned to the parent, guardian, or legal custodian;  
   2. If and when the child shall be referred for Termination of Parental Rights (TPR) and adoption; 
   3. If and when the child shall be placed with a permanent guardian; or 
   4. When DFCS has documented a compelling reason that none of the above options would be in the best interest of the child, if and when the child who has attained 16 years of age will be placed in another planned permanent living arrangement (APPLA). The case plan for a child with a permanency plan of APPLA should include: 
      1. Documentation of a compelling reason or reasons why reunification, termination of parental rights and adoption, permanent guardianship, or placement with a fit and willing relative are not in the child's best interests;
      2. Documentation of the intensive, ongoing, and unsuccessful efforts made by the state agency to return the child home or secure a placement for the child with a fit and willing relative, a legal guardian, or an adoptive parent, including through efforts that utilize search technology, including social media, to find biological family members for the child; and
      3. Documentation of the steps the state agency is taking to ensure that the child's foster family home or child care institution is following the reasonable and prudent parent standard and documentation that the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities.
9. A description of the programs and services that are or will be provided to assist the child (age 14 years or older) in transitioning from foster care to successful adulthood. The description shall include all of the following: 
   1. The anticipated age the child will be discharged from foster care; 
   2. The anticipated amount of time available to prepare the child for the transition from foster care to a successful adulthood; 
   3. The anticipated location and living situation of the child upon discharge from foster care; 
   4. A description of the assessment processes, tools, and methods that have been or will be used to determine the programs or services that are or will be provided to assist the child with the transition from foster care; and 
   5. The rationale for each program or service that is or will be provided to assist the child in preparing for the transition, the timeframes for delivering the programs or services and the intended outcomes; and 
10. A description of specific recruitment efforts, such as the use of state, regional, and national adoption exchanges, including electronic exchange systems, to facilitate orderly and timely in-state and interstate placements, when the recommended permanency plan is for TPR and adoption or placement in another home.