CODES/REFERENCES

O.C.G.A. §15-11-2 Definitions

O.C.G.A. §15-11-113 Date Child is Considered to Have Entered Foster Care

O.C.G.A. §15-11-146 Preliminary Protective Hearing; Findings

O.C.G.A. §15-11-202 Reasonable Efforts by DFCS to Preserve or Reunify Families

O.C.G.A. §15-11-203 When Reasonable Efforts by DFCS Not Required

O.C.G.A. §15-11-204 Non-Reunification Hearing

O.C.G.A. §15-11-212 Disposition of Dependent Child

O.C.G.A. §15-11-215 Notice of Change in Placement Hearings

Title IV-E of the Social Security Act Sections 471 (a) (15) (A), (B), (C), (D) & (F) PL 105-89, Adoption and Safe Families Act

PL 96-272, Adoption Assistance and Child Welfare Act of 1980 PL 93-247, Child Abuse Prevention and Treatment Act

PL 109-248, Adam Walsh Child Protection and Safety Act of 2006

Title 45 Code of Federal Regulations (CFR) Parts 1356 (b), (b)(1)(i) and (ii), (b)(2)(i) and (ii), (b)(3), (b)(3)(i), (ii) and (iii) and (b)(4)

REQUIREMENTS

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

1. Make reasonable efforts to:
   
    
   1. Maintain the family unit and prevent the unnecessary removal of a child from his/her home, as long as the child’s safety is assured;
   2. Effect the safe reunification of the child and family (if temporary out-of-home placement is necessary to ensure the immediate safety of the child); and
   3. Make and finalize alternate permanency plans in a timely manner when reunification is not appropriate or possible. NOTE: If there is reason to know a child is a member of a federally recognized Indian tribe; or eligible for membership in a federally recognized Indian tribe, and is the biological child of a member/citizen of a federally recognized Indian tribe, ICWA requires active efforts prior to removal and to reunify a child and family (see policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency).
2. Ensure when determining reasonable efforts to be made with respect to a child, that when making such reasonable efforts, the child’s health and safety is the agency’s paramount concern.
3. Verify that the judicial determination regarding reasonable efforts is explicitly documented and made on a case-by-case basis in the court order. If the reasonable efforts judicial determination is not included as required in the court orders, a transcript of the court proceedings is the only other documentation accepted to verify that the required determination has been made. Neither affidavits nor nunc pro tunc orders will be accepted as verification in support of reasonable efforts judicial determinations. NOTE: Court orders that reference State law to substantiate judicial determinations are not acceptable, even if the law provides that a removal must be based on a judicial determination that remaining in the home would be contrary to the welfare or that removal can only be ordered after reasonable efforts have been made.
4. Obtain a judicial determination of reasonable efforts to prevent a child’s removal from the home.
   
    
   1. When a child is removed from his/her home, the judicial determination, as to whether reasonable efforts were made or were not required to prevent the removal, is made no later than 60 days from the date the child is removed from the home;
   2. If the determination concerning reasonable efforts to prevent the removal is not made as specified above, the child is not eligible under the title IV-E foster care maintenance payments program for the duration of that stay in foster care.
5. Obtain a reasonable efforts determination even during emergency removals. When child safety precludes efforts to prevent removal, the court must still make a judicial determination regarding reasonable efforts. After considering whether appropriate services were or should have been provided, the court may determine that it was reasonable for the agency to make no effort to provide services to prevent removal in light of exigent circumstances discovered through the assessment of the family, such as the safety or protection of the child.
6. Present evidence to the court outlining the reasonable efforts made to prevent removal and to provide services to make it possible for the child to safely return home and why protective custody is in the best interests of the child.
7. Obtain, when appropriate, a judicial determination from a court of competent jurisdiction that reasonable efforts are not required to prevent a child’s removal from home or to reunify the child and family when the parent has:
   
    
   1. Subjected the child to aggravated circumstances (as defined in State law, which definition may include but need not be limited to abandonment, torture, chronic abuse and sexual abuse) (see Practice Guidance: Aggravated Circumstances);
   2. Been convicted of:
      
       
      1. Murder (which would have been an offense under section 1111(a) of title 18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) or murder in the second degree of another child of the parent;
      2. Voluntary manslaughter (which would have been an offense under section 1112 (a) of title 18, United States Code, if the offense had occurred in the special maritime or territorial jurisdiction of the United States) of another child of the parent;
      3. Aiding or abetting, attempting, conspiring, or soliciting to commit such a murder or such a voluntary manslaughter; or
      4. A felony assault that results in serious bodily injury to the child or another child of the parent.
   3. Had their parental rights with respect to a sibling involuntarily terminated and the circumstances leading to such termination of parental rights to that sibling have not been resolved;
   4. When the parent or legal guardian has committed sexual abuse against the surviving child or another child of the parent; or
   5. When the parent or legal guardian is required to register with a sex offender registry under section 113 (a) of the Adam Walsh Child Protection and Safety Act of 2006.
8. Obtain, when appropriate, a judicial determination that the court made a “presumption” that it is reasonable to make no efforts to reunify the child and family when:
   
    
   1. The parent, guardian or legal custodian has unjustifiably failed to comply with a previous court-ordered plan designed to reunite the family; or
   2. The child has been removed from the home on at least two previous occasions and reunification services were made available on those occasions; and/or
   3. Any of the grounds for terminating parental rights (TPR) exist (see policy 17.11 Legal: Termination of Parental Rights (TPR)). NOTE: A finding should be entered to the effect that “reasonable efforts to reunify a child and family will be detrimental to the child and that reunification services; therefore, should not be provided or should be terminated” if the court makes any of these presumptions.
9. Obtain a judicial determination that it has made reasonable efforts to finalize the permanency plan that is in effect (whether the plan is reunification, adoption, legal guardianship, placement with a fit and willing relative or placement in another planned permanent living arrangement) within 12 months of the date the child is considered to have entered foster care and at least once every 12 months thereafter while the child is in foster care (see Practice Guidance: Date Child is Considered to Have Entered Foster Care in policy 17.1 Legal: The Juvenile Court Process). NOTE: Permanent placement with a fit and willing relative is not a permanent placement option in Georgia unless as part of another planned permanent living arrangement.
10. Obtain judicial findings of reasonable efforts to finalize the permanency plan at each permanency plan hearing, but at least within 12 months of the date the child is considered to have entered foster care for Title IV-E purposes. Subsequent findings should be made no later than 12 months from the previous findings.
    
     
    1. If such a judicial determination regarding reasonable efforts to finalize a permanency plan is not made, the child becomes ineligible under Title IV-E from the end of the 12^th month following the date of the child’s removal or the end of the 12th month following the month in which the most recent judicial determination of reasonable efforts to finalize the permanency plan was made and remains ineligible until such a judicial determination is made;
    2. Reasonable efforts to finalize an alternate permanency plan may be made concurrently with reasonable efforts to reunify the child and family. Reasonable efforts to place a child for adoption or with a legal guardian, including identifying appropriate in-state/tribal Service area and out-of-state/Tribal service area placements, may be made concurrently with reasonable efforts to reunify the child and family;
    3. If continuation of reasonable efforts is determined to be inconsistent with the permanency plan for the child, reasonable efforts are made to place the child in a timely manner in accordance with the permanency plan including, if appropriate, through an interstate placement, and to complete whatever steps necessary to finalize the permanent placement of the child.Demonstrate the following at the respective hearings:
       
        
       1. The preliminary protective hearing:
          
           
          1. Reasonable efforts to prevent placement of the child in foster care;
          2. There are no appropriate services or efforts which would allow the child to remain safely in the home given the circumstances of the child and family at the time of removal, so the absence of efforts was justifiable;
          3. Reasonable efforts to prevent placement and to reunify the child are not required and why.
       2. The adjudication hearing:
          1. Reasonable efforts to eliminate the need for removal of the child from his/her home and to reunify the child with his/her family at the earliest possible time; or
          2. Reasonable efforts to prevent placement and reunify the child are not required and why.
       3. All other hearings:
          1. Reasonable efforts to eliminate the need for removal of the child from his/her home and to reunify the child with his/her family at the earliest possible time;
          2. Reasonable efforts to finalize an alternate permanency plan for the child. NOTE: When DFCS has a concurrent plan, the court shall review reasonable efforts to achieve both plans.
    4. Ensure the court reviews the reasonable efforts to recruit, identify and make a placement with kin, foster parent or other 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.

PROCEDURES

The Social Services Case Manager (SSCM) will:

1. Make reasonable efforts to prevent removal, reunify the child and family and/or finalize the permanency plan (see Practice Guidance: Reasonable Efforts).
2. Ensure that when a concurrent permanency plan has been ordered, reasonable efforts are made to finalize both the primary plan and the alternative plan (see policy 10.23 Foster Care: Case Planning).
3. Document reasonable efforts in the case plan in Georgia SHINES and include:
   
    
   1. A description of the circumstances requiring the child’s removal;
   2. How these circumstances prevent the child’s safety;
   3. Services offered or provided to the family by DFCS;
   4. The family’s response to services; and
   5. All other efforts made to prevent removal.
4. Provide documentation to the court detailing the services offered and provided to the family and the family’s response.
5. Review all court orders issued within the first 60 days following removal for findings of reasonable efforts to prevent removal or reasonable efforts were not required (see policy 17.3 Legal: Court Orders and Placement Authority).
   
    
   1. Determine whether any order issued within the first 60 days following removal includes findings of reasonable efforts to prevent removal or reasonable efforts were not required;
   2. Document the receipt of the court order on the Legal Action and Outcomes Detail page and upload all court orders in External Documentation in Georgia SHINES. NOTE: Nunc pro tunc orders must be carefully reviewed to ensure that only the judge’s signature and not the finding is dated back to actual hearing date.
6. .Complete the following for reasonable efforts to finalize the permanency plan:
   1. Ensure that a judicial finding of reasonable efforts to finalize the permanency plan occurs at any permanency plan hearing, but no later than 12 months of the child’s removal and every 12 months thereafter (see policy 17.1 Legal: The Juvenile Court Process);
   2. Verify the court order contains the following:
      1. The specific permanency plan;
      2. Judicial finding of reasonable efforts to finalize the permanency plan;
      3. The child/case specific efforts to achieve the permanency plan.
   3. Document receipt of the court order in the Legal Action and Outcomes Detail page and upload all court orders into External Documentation in Georgia SHINES, if they are not uploaded by the Case Plan Reporting System (CPRS) in Georgia SHINES. NOTE: Nunc pro tunc orders must be carefully reviewed to ensure that only the judge’s signature and not the finding is dated back to actual hearing date.
7. Notify the Revenue Maximization (Rev Max) Specialist via the Notification of Change (NOC) in Georgia SHINES when the received court order has been uploaded.

The Social Services Supervisor (SSS) will:

1. Provide guidance to the SSCM on conducting and documenting reasonable efforts.
2. Conduct a supervisory staffing with the SSCM to discuss:
   
    
   1. Timely service provision to prevent removal, reunify the child and family or achieve an alternative permanency plan, as appropriate depending on whether the case is in Child Protective Services or Foster Care;
   2. Whether reasonable efforts are being made;
   3. How to document reasonable efforts in the case record.
3. Review documentation in Georgia SHINES to verify:
   
    
   1. Reasonable efforts are being made to prevent removal, reunify the child and family or achieve an alternative permanency plan;
   2. Timely and accurate completion of the Legal Status and Legal Action and Outcomes Detail pages;
   3. Court orders have been uploaded to External Documentation;
   4. The NOC is sent to Rev Max notifying them of uploaded court orders;
   5. Court orders have the required language and case specific reasonable efforts are outlined in the order.
4. Assist the SSCM in contacting the SAAG when a court order does not meet the reasonable efforts language or case specific requirements.

PRACTICE GUIDANCE

Reasonable Efforts to Prevent Removal and/or Safely Reunify the Child and Family DFCS is committed to making reasonable efforts to prevent a child’s removal. Some examples of reasonable efforts include, but are not limited to:

1. Use of family resources, neighbors or other individuals in the community as safety interventions.
2. Use of community agencies or services as safety interventions.
3. Having the alleged maltreater leave the home, voluntarily or in response to legal action.
4. Having the non-maltreating parent, guardian or legal custodian move to a safe environment with the child.
5. Having the parent, guardian or legal custodian place the child outside of the home.

When making reasonable efforts, DFCS must consider the unique needs of each family to address the concerns identified. A determination by the court that DFCS made reasonable efforts in any individual case depends on whether DFCS offered and provided the services most likely to remedy a particular family’s problem and/or actively facilitated safe reunification. When determining whether reasonable efforts have been made, the court shall consider whether services to the child and his or her family were:

1. Relevant to the safety and protection of the child.
2. Adequate to meet the needs of the child and family.
3. Culturally and linguistically appropriate.
4. Available and accessible.
5. Consistent and timely.
6. Realistic under the circumstances.

When the court is determining whether reasonable efforts have been made to finalize an alternative permanent home for a child, the court shall also consider whether DFCS has completed the required diligent search and provided notice to persons identified during the diligent search.

State law defines reasonable efforts as due diligence and the provision of appropriate services. The judicial determination of “reasonable efforts” should be explicitly documented in the court order and made on a case-by-case basis; e.g., based on the individual circumstances/facts of the case which led the judge to conclude this finding. NOTE: The order may enumerate the specific facts of the case or may reference the facts in such documents as the petition, court report, Case Plan, Comprehensive Child and Family Assessment (CCFA), etc.

The Adoption Assistance and Child Welfare Act of 1980 (PL 96-272) requires that support services be provided to families to strengthen their ability to provide for the safety and care of their children and prevent the unnecessary removal of the child. The judicial determination “reasonable efforts to prevent removal” is made whenever the court determines that DFCS was providing adequate services to preserve the family unit prior to the court’s removal. It is recommended that the finding be obtained in the earliest possible order (i.e., the removal order or the order as a result of the preliminary protective hearing). If the finding is not made within 60 days of the child’s removal, the child is not eligible for IV-E foster care maintenance payments for the duration of the child’s stay (placement episode) in foster care. In emergency situations, the judge may find to the effect that it is “reasonable to make no efforts to maintain the child in the home” or “reasonable efforts to prevent removal were not appropriate or in the best interest of the child”.

Once the child enters foster care, the court makes a judicial determination at each subsequent review to the effect that “reasonable efforts are being made to safely reunify the child and family unless reasonable efforts were not required. For the court to make a “reasonable efforts to reunify” finding, the case plan for reunification (see policy 10.23 Foster Care: Case Planning) must provide a description of the specific actions and services required of the parent, guardian or legal custodian and agency in order for the child to be safely returned. The judicial findings at each stage of juvenile court proceedings clarify what services were offered and provided to

the parent, guardian or legal custodian and their outcome. Should termination of parental rights be pursued, the findings may be used as evidence.

Reasonable Efforts Not Required

Some circumstances do not require DFCS to reunify families. However, following submission of a case plan recommending that reunification services are not appropriate (non-reunification case plan), the court must make a judicial determination based on clear and convincing evidence. A hearing is held within 30 days of the filing of a non-reunification case plan (see policy 10.23 Foster Care: Case Planning). At the hearing, the court determines whether reunification services are not required by law or will be detrimental to the child and enters a finding to that effect. As with all hearings and reviews, the court is informed as to whether and when DFCS intends to proceed with TPR. The court also holds a permanency hearing to consider the proposed permanency plan and the steps to be taken to finalize the permanent placement of the child (see policy 17.1 Legal: The Juvenile Court Process). Once the court determines that reunification services are no longer required, the court requires that reasonable efforts be made to finalize an alternative permanency plan.

Reasonable Efforts to Finalize the Permanency Plan

The finding is usually made at the permanency plan hearing which should be held:

1. No later than 30 days after DFCS submits a non-reunification case plan to the court; or
2. For children under seven years of age at the time a petition for dependency is filed, no later than nine months after the children are considered to have entered foster care (see policy 17.1 Legal: The Juvenile Court Process);
3. For children seven years of age and older, no later than 12 months after the children are considered to have entered foster care; 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. Subsequently, every six months after the initial permanency plan hearing. NOTE: To ensure compliance with Title IV-E requirements, DFCS policy and practice requires a hearing must be held within 12 months of removal and subsequently, every 12 months thereafter, as long as the child remains in care (see policy 17.1 Legal: The Juvenile Court Process).

The permanency plan in effect is the one in place (previously approved by the court) at the time of the hearing. The court order must specify the permanency plan. If the court finds that the child has been living in a stable home environment with the current caregiver(s) for the past 12 months and that removal from the caregiver(s) would be detrimental to the child’s emotional well-being, the court may presume that continuation of the child’s placement with the current caregiver is in the child’s best interests and shall enter a finding that a change of placement is a failure by DFCS to make reasonable efforts to finalize the permanency plan in effect at the time of the hearing; provided, however, that such presumption shall not apply to prevent the return of the child to his or her parent, guardian, or legal custodian.

If the “reasonable efforts to finalize” finding is not made, the child cannot be IV-E reimbursable from the end of the 12th month following removal or the end of the 12th month following the month in which the most recent judicial determination of “reasonable efforts to finalize was

made”. When a judicial determination is made, IV-E payments can begin effective the first day of the month in which the finding was made.

Aggravated Circumstances

The parent, guardian or legal custodian has:

1. Abandoned a child;
2. Aided or abetted, attempted conspired or solicited to commit murder or voluntary manslaughter of another child of the parent;
3. Subjected a child or his/her sibling to torture, chronic abuse, sexual abuse or sexual exploitation;
4. Committed the murder or voluntary manslaughter of his/her child’s other parent or has been convicted of aiding or abetting, attempting, conspiring or soliciting the murder or voluntary manslaughter of his/her child’s other parent;
5. Committed the murder or voluntary manslaughter of another child of the parent;
6. Committed an assault that resulted in serious bodily injury to his or her child or another child of the parent; or
7. Caused his child to be conceived as a result of having non-consensual sexual intercourse with the mother of his child or when the mother is less than ten years of age.