REQUIREMENTS

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

1. At its discretion file a dependency petition with the juvenile court seeking a protective order to restrain or otherwise control the conduct of a parent, guardian, or legal custodian or relative in a case, to: 
   1. Stay away from the home or the child; 
   2. Permit a parent, guardian, or legal custodian to visit the child at stated periods; 
   3. Abstain from offensive conduct against the child, the parent, guardian or legal custodian or any person to whom custody of the child is awarded; 
   4. Give proper attention to the care of the home; 
   5. Cooperate in good faith with an agency to which custody of a child is entrusted by the court or with an agency or association to which the child is referred by the court; 
   6. Refrain from acts of commission or omission that tend to make the home not a proper place for the child; 
   7. Ensure that the child attends school pursuant to any valid law relating to compulsory attendance;
   8. Participate with the child in any counseling or treatment deemed necessary after consideration of employment and other family needs; or 
   9. Enter and successfully complete a substance abuse program approved by the court
2. Obtain a temporary alternative to foster care (TAFC) order when appropriate to: 
   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, including requiring the individual to: 

      1. Prohibit access to the child by an individual; 
      2. Comply with any existing visitation agreement associated with the voluntary placement; 
      3. Abstain from offensive conduct against a child or his or her parent, guardian, or legal custodian; 
      4. Give proper attention to the care of his or her home; 
      5. Cooperate in good faith with DFCS;  
      6. Refrain from acts of commission or omission that may render a home an improper place for a child; or 
      7. Ensure that a child attends school pursuant to any valid law relating to compulsory attendance. 

      NOTE: DFCS shall not request a protective order for a child to remain out of their home. 

3. Derive placement authority for children in foster care through any of the following means: 
   1. Juvenile Court order granting temporary custody (for procedures when a child enters foster care see policy 10.1 Foster Care: Placement of a Child); 
   2. Juvenile Court order terminating parental rights (TPR) (see policy 17.11 Legal: Termination of Parental Rights); 
   3. Voluntary Placement Agreement (VPA) to Place Child in Foster Care (see policy 10.2 Foster Care: Placement of a Child Via Voluntary Placement Agreement); 
   4. Voluntary surrender of parental rights (see policy 17.12 Legal: Voluntary Surrender of Parental Rights); 
   5. Superior Court order; or 

   6. Short-term emergency care and supervision (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)). 

      NOTE: DFCS shall provide short-term emergency care to a child without seeking a court order for a period not to exceed seven calendar days. 

4. Obtain a verbal order when emergency removal or treatment of a child is required, and no option is available to obtain a signed order from a judge. A written order with the judge’s signature shall be obtained the next business day following issuance of the verbal order. 

5. Retain the rights and duties that would otherwise be executed by the parent, guardian, or legal custodians, when a child is placed in DFCS’ custody, including:

   1. Maintaining physical custody of the child, unless the child is on a trial home visit; 
   2. Determining the nature of care and treatment of the child (including ordinary medical care); 
   3. Providing for the care, protection, training and education and the physical, mental, and moral welfare of the child; 
   4. Determining and monitoring the placement of the child to assure the child’s safety and well-being; 
   5. Selecting an appropriate training/educational facility for the child (see policy 10.13 Foster Care: Educational Needs); 
   6. Obtaining routine medical and dental care; 
   7. Providing for recreational activities; 
   8. Approving out-of-town trips; 
   9. Arranging for purchases for the child (i.e., clothing, haircuts, etc.); 
   10. Informing the parent, guardian or legal custodians of injuries, accidents, and illnesses of the child; and 
   11. Arranging for and monitoring visitation between the child and parent, guardian or legal custodian or other family members. 

   NOTE: The Social Services Case Manager (SSCM) should consider the parent, guardian or legal custodians wishes and/or religious beliefs and include them in the decision-making process about the child, when appropriate.

6. Ensure the parent, guardian or legal custodians retain the following rights when DFCS has temporary custody of the child: 
   1. Participate in permanency planning for the child; 
   2. Visit the child; 
   3. Petition the court at any time for the return of custody; 
   4. Determine the child’s religious affiliation; 
   5. Consent to the child’s adoption, marriage, enlistment in military service, driving an automobile or traveling out-of-state; 
   6. Grant permission for major, non-emergency surgery (see policy 10.11 Foster Care: Medical, Dental and Developmental Needs); and 
   7. Receive timely notice of any changes in the child’s placement 
7. Review court orders to determine if they contain the following findings: 
   1. “Contrary to the welfare of the child” and “removal from the home is in the best interest of the child” findings in any order authorizing the child’s removal from the home (see policy 9.4 Eligibility: Removal from the Home); 
   2. Written findings of fact, in an order placing or continuing the placement of a child in DFCS custody, stating: 
      1. The child’s continuation in or return to the home would be contrary to his/her welfare; 
      2. Reasonable efforts have been made to prevent or eliminate the need for placement, unless the court has determined that such efforts are not required or shall cease (see policy 9.5 Eligibility: Reasonable Efforts); and 
      3. Reasonable efforts should continue to be made to prevent or eliminate the need for placement, unless the court has determined that such efforts are not required or shall cease. 
   3. “Reasonable efforts to prevent removal” or “reasonable efforts to prevent removal were not required” in any order issued within 60 days of the child’s removal (see policy 9.5 Eligibility: Reasonable Efforts);
   4. “Reasonable efforts have been made to finalize the permanency plan” within 12 months of a child’s removal and at least every 12 months thereafter (see policy 9.5 Eligibility: Reasonable Efforts).
8. Obtain court approval prior to returning the child to the parent, guardian, or legal custodian.

PROCEDURES

The SSCM will: 

1. Review all court orders for accuracy and the appropriate court order language; 
2. Obtain any clarification needed regarding what DFCS and the family have been ordered to do; 
3. Notify the Special Assistant Attorney General (SAAG) of any inaccuracies in the court order and request an amended order; 
4. Complete the Legal Action and Outcomes Detail and Legal Status Detail pages and upload the court order into External Documentation in Georgia SHINES, if it has not been uploaded through the Case Plan Reporting System (CPRS) interface; 
5. Notify the Revenue Maximization Unit (RevMax) via the Notification of Change in Georgia SHINES of the receipt and uploading of the court order;  
6. Complete the following when the county department receives custody/placement authority of a child via a Superior Court order: 
   1. Staff the case with the Social Services Supervisor (SSS) and SAAG to ensure understanding and strict adherence to the requirements set forth in the order, including the submission of any court reports; 
   2. Adhere to all stipulations outlined in the Superior Court order; and 
   3. Ensure case planning and periodic case review requirements are met.

The SSS will: 

1. Review court orders for accuracy and appropriate court order language; 
2. Staff any court order issues and any Superior Court orders with the SSCM and SAAG (see policy 19.6 Case Management: Supervisory Staffing); 
3. Ensure the SSCM’s compliance with court orders.

PRACTICE GUIDANCE

Placement authority for most children in care is derived from an order of the court. The juvenile court has exclusive jurisdiction over a child who is alleged to be dependent. However, the juvenile court will not accept a dependency petition filed by one parent against another in a possible attempt to modify a custody award. 

Based upon the evidence at any hearing held with respect to a child, the court may enter an order: 

1. Accepting or rejecting any DFCS report; 
2. Ordering an additional evaluation; or 
3. Undertaking another review as deemed necessary and appropriate to determine the disposition in the child’s best interests. 

The court’s order: 

1. May incorporate all or part of the DFCS case plan; and
2. Shall include findings of fact which reflect the court’s consideration of the oral and written testimony offered by all parties, as well as non-parties, who are required to be provided with notice and a right to be heard in any hearing to be held with respect to a child and DFCS.

Court Approval for Removal 

Court approval for the removal of a child is considered the first judicial determination on behalf of the child. This determination or order is known by various names in the different counties across the state including, but not limited to: 

1. Authorization to place 
2. Authorization to pick up 
3. Preliminary Protective order 
4. Ex parte order 
5. Emergency order 
6. Pick-up order

Dependency

A dependent child means a child who: 

1. Has been abused or neglected and is in need of protection of the court; 
2. Has been placed for care or adoption in violation of law; or 
3. Is without his parent, guardian, or legal custodian. 

NOTE: A parent, guardian or legal custodian’s reliance on prayer or other spiritual means for healing in lieu of medical care, in the exercise of religious beliefs, shall not be the sole basis for considering the child to be a dependent child; however, the religious rights of a parent, guardian or legal custodian shall not limit the child’s access to medical care in a life-threatening situation or when the condition will result in a serious disability. The juvenile court has the authority to order medical care of a child without DFCS taking custody.

Legal Custodian 

A legal custodian of a child is defined as: 

1. A person to whom legal custody has been given by order of a court; or 
2. A public or private agency or other private organization licensed or otherwise authorized by law to receive and provide care for a child to which legal custody of the child has been given by the court.

Verbal Orders

The issuance of a verbal order usually occurs because a judge/court is unavailable after regular office hours, on holidays and weekends. When issuing a verbal order is the practice of a county’s judge, and there is not an acceptable alternative for getting a signed order for the child needing protection, the county department must have clearly written procedures that specify the immediate steps staff will follow in obtaining a signed order. 

The written procedures should address:

1. Situations that demand the immediate protection of a child and for which the county will proceed with a verbal order; 
2. Designated county staff who are authorized to request a verbal order from the judge;  
3. SAAG involvement in preparing an order for the judge’s signature on the first business day after issuance of the verbal order;
4. Case record documentation needed, including the date and time of all actions taken and who was involved in each step of the process; and 
5. Incorporation of these procedures into the written procedures developed by the local child abuse protocol committee.

Temporary Alternative to Foster Care (TAFC) Order 

An order for TAFC may include one or more of the following: 

1. A temporary order authorizing or continuing any voluntary agreement between the parent, guardian, or legal custodian and DFCS; 

   NOTE: This order shall be based upon a finding by the court that continuation in the home would be contrary to the child’s welfare. The finding shall be made on an individualized basis and shall be documented in the written court order. 

2. A temporary protective order imposing conditions or limitations on the conduct of the parent, guardian, or legal custodian; 
3. An order that DFCS investigate and report to the court whether removal is necessary; or 
4. An order that the DFCS provide services designed to allow the child to remain safely in the child’s home. 

When TAFC is ordered by the court, the order shall remain in effect until modified by the court or until the court has held the PPH. Upon issuance of an order for TAFC, a PPH will be completed no later than 72 hours.

Authorization to Place or Authorization for Protective Custody 

In some counties, a court official or Department of Juvenile Justice (DJJ) intake officer has the authority, delegated by the judge, to issue an authorization to place or for protective care. The document is signed by the person delegated this duty. The document can be given directly to the SAAG, SSCM or other DFCS representative or it may be faxed to the DFCS office. This document is the agency’s legal authority to hold a child.

Superior Court Order 

An order issued by superior court granting custody/placement authority to the county department sets time limits for the duration, specifies the custodian, and outlines the custodian's rights and duties. An order without time limits stands until another order is issued. 

Superior court orders giving a county department custody/placement authority usually occur in connection with divorce proceedings. The placement may be time-limited while the parent, guardian, or legal custodians and/or others are being evaluated to determine the appropriate custodian. It is possible for the placement to be longer in duration if the county department is ordered to supervise, offer services to the parent, guardian or legal custodian or others and/or determine the appropriate custodian. The superior court is responsible for making the final decision about placement. 

It may become necessary to consult with the agency’s SAAG should the superior court order appear to be incomplete or have conflicting court requirements. Required findings specified in the Juvenile Code of the Official Code of Georgia may or may not be included in the court order. Additionally, the SAAG can provide guidance on meeting case plan and periodic review requirements when superior court is involved.

Disposition Orders 

Any order of disposition shall contain written findings of fact to support the disposition and case plan ordered. Prior to making an order of disposition, the court shall consider the following: 

1. Why the best interests and safety of the child are served by the disposition and case plan ordered, including, but not limited to: 
   1. The interaction and interrelationship of the child with his/her parent, guardian or legal custodians, siblings and any other person who may significantly affect the child’s best interests; 
   2. The child’s adjustment to his/her home, school, and community; 
   3. The mental and physical health of all individuals involved; 
   4. The wishes of the child as to his/her placement; 
   5. The wishes of the child’s parent, guardian, or legal custodian as to the custody of the child; 
   6. Whether there exists a relative or other individual who, after study by DFCS, is approved to receive and care for the child; and 
   7. The ability of the parent, guardian, or legal custodian of the child to care or the child in the home so that no harm will come to the child. 
2. The availability of services recommended in the case plan; 
3. What alternative dispositions or services were considered by the court and why such dispositions or services were not appropriate; 
4. The appropriateness of the placement or potential placement; and 
5. Whether reasonable efforts were made to prevent the removal and to reunify the child unless reasonable efforts were not required. The court’s findings should include a brief description of what preventive and reunification efforts were made and why further efforts could not have prevented or eliminated the need for removal.

An order of disposition in a dependency proceeding shall continue in force until: 

1. The purposes of the order have been accomplished and DFCS is relieved of custody by the court; or 
2. The court terminates the order; or 
3. The dependent child turns 18 unless the child receives Extended Foster Care (EFC) services or continues to receive Independent Living services.

Supplemental Orders 

A supplemental order adopting the permanency plan shall be entered following any permanency plan hearing and no later than thirty (30) days after the court has determined that reunification efforts need not be made by DFCS. The supplemental order shall include a requirement that the SSCM, DFCS staff and other representative of the child provide the child with assistance and support in developing a transition plan that is personalized at the direction of the child and includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, workforce supports and employment services and is as detailed as the child wishes, 90 days prior to the date the child turns 18.

Permanent Guardianship 

If the court enters an order finding that reasonable efforts to reunify a child and family are not required and that TPR and adoption are not in the best interests of the child, the court may place the child with a permanent guardian.

Permanent guardianship orders shall: 

1. Remain in effect until a child turns 18 years of age or becomes emancipated; 
2. Not be subject to review by the court unless a petition to modify, vacate or revoke the guardianship is filed; 
3. Establish a reasonable visitation schedule that allows the child to maintain meaningful contact with the parent, guardian, or legal custodians through personal visits, telephone calls, letters, or other forms of communication or restrictions on a parent, guardian, or legal custodian’s right to visitation.

TPR Orders 

An order terminating the parental rights of a parent shall be without limit as to duration and shall take away the parent and child’s legal rights, powers, privileges, immunities, duties, and obligations with respect to each other except the right of the child to: 

1. Receive child support from his/her parent until a final order of adoption is entered; 
2. Inherit from and through his/her parent until a final order of adoption; and 
3. Pursue any civil action against his/her parents. 

NOTE: The legal relationship between a child and his/her siblings shall not be severed until the relationship is terminated by a final adoption order. Despite TPR, a relative’s relationship for the purpose of placement and permanency remains intact until terminated by a final order of adoption.

A TPR order shall:  

1. Contain written findings on which the order is based including the facts for determining that grounds for TPR exist and that TPR is in the best interest of the child; 
2. Be conclusive and binding on all parties upon the date of entry; 
3. Grant custody of the child in accordance with Code section §15-11-321 (see policy 17.11 Legal: Termination of Parental Rights); 
4. Inform the parent(s) to use the services of the Georgia Adoption Reunion Registry, however, failure to include this shall not affect the validity of the judgment. 

NOTE: The court shall transmit a copy of every final order of TPR to the Adoption Exchange, State Permanency Unit within 15 days of the filing of the order.