This publication was sponsored and supported by the Supreme Court of Georgia Committee on Justice for Children and the Georgia Association of Counsel for Children. /
Editors
Mary Hermann, JD, CWLS
Karen Worthington, JD, CWLS
October 22, 2014
Table of Contents
Editors & Contributors
Introduction and How to Use this Notebook
Glossary of Terms Commonly Heard in Juvenile Court Proceedings
Dependency Case Flowchart
Timelines for a Dependency Case
Chapter 1 Preliminary Protective Hearing (PPH)
Chapter 2 Adjudication—Formal Hearing
Chapter 3 Disposition Hearing and Diligent Search for Relatives
Chapter 4 Review Hearings
Chapter 5 Protective Orders and Contempt Actions
Chapter 6 Permanency Plan Hearing
Chapter 7 Nonreunification Hearing
Chapter 8 Termination of Parental Rights and Post-TPR Reviews
Chapter 9 Post-Termination of Parental Rights Matters
Chapter 10Children in Need of Services (CHINS)
Chapter 11Petition to Modify, Set Aside or Vacate
Chapter 12Appeals and Preserving Issues
Chapter 13Private Dependency and Termination of Parental Rights Cases
Chapter 14Permanent Guardianship and Transfers from Probate Court
Chapter 15Legitimation
Chapter 16Emancipation and Rescission of Emancipation
Chapter 17Parental Notification Act
Chapter 18Court of Inquiry
Chapter 19Mediation – Alternative Dispute Resolution (ADR)
Chapter 20Reasonable Efforts Requirements and Title IV-E Eligibility
Chapter 21Case plan and Citizen Panel Review
Chapter 22Discovery
Chapter 23Evidence, Objections, Exceptions
Chapter 24Special Immigrant Juvenile Status – SIJS
Chapter 25Interstate Compact on the Placement of Children (ICPC)
Chapter 26Indian Child Welfare Act – ICWA
Chapter 27Fostering Connection to Success and Increasing Adoptions Act
Chapter 28Educational Rights of Dependent Youth
Chapter 29Independent Living and IDEA Transition Services
Chapter 30Crossover Youth or Dual Jurisdiction Youth
Chapter 31Child Development
Chapter 32Common Childhood Psychiatric Disorders and Psychotropic Medications
Chapter 33Child Welfare Case Law
Chapter 34Office of the Child Advocate for the Protection of Children
Chapter 35Foster Parent Bill of Rights
Chapter 36 Subsidies and TANF Chart
Chapter 37Table of Comparative Juvenile Code Provisions
Chapter 38DFCS Policy
Editors & Contributors
Editors
Mary Hermann, JD, CWLS
Karen Worthington, JD, CWLS
Contributors
Pat Buonodono, JD, CWLS
Jen Carreras, JD, CWLS
Laurie-Ann Fallon,JD, CWLS
Lynn Holland Goldman, JD
Thomas B. “Britt” Hammond, JD
Judge, Juvenile Courts, Toombs Judicial Circuit
Nathan Hayes, JD, CWLS
Araceli Jacobs, JD
Cassandra Kirk, JD, CWLS
Judge, Fulton County Juvenile Court
Anne M. Kirkhope, JD, CWLS
Jamie L. Smith, JD, CWLS
Ashley Willcott, JD, CWLS
Director Office of the Child Advocate for the Protection of Children
Kirsten Widner, JD
Brent Wilson, MD
StephanyL.Zaic, JD, CWLS
Introduction and How to Use this Notebook
Purpose of the Georgia Juvenile Code
§ 15-11-1 The purpose of the Georgia Juvenile Code is to
- secure for each child who comes within the jurisdiction of the juvenile court such care and guidance, preferably in his or her own home, as will secure his or her moral, emotional, mental, and physical welfare as well as the safety of both the child and community.
- promote a juvenile justice system that will
- protect the community,
- impose accountability for violations of law,
- provide treatment and rehabilitation, and
- equip juvenile offenders with the ability to live responsibly and productively.
- preserve and strengthen family relationships, countenancing the removal of a child from his or her home only when state intervention is essential to protect such child and enable him or her to live in security and stability.
- guarantee due process of law in all proceedings, as required by the Constitutions of the United States and the State of Georgia
- assure fair hearings at which legal rights are recognized and enforced for every child and his or her parent and all other interested parties.
- liberally construe to reflect that the paramount child welfare policy of this state is to determine and ensure the best interests of its children.
- All code sections in the notebook refer to the Official Code of Georgia unless otherwise stated. Georgia code sections are not preceded by O.C.G.A. in the text of this notebook.
- Unless otherwise noted, this notebook is based upon the Georgia Juvenile Code effective January 1, 2014 (sometimes referred to as “the new code” or “the code rewrite”).
- Updated DFCS policies reflecting the provisions of the juvenile code effective January 1, 2014 have now been published and are available online at the Georgia Association of Counsel for Children website under the Resources tab ( ) . The DFCS polices are also available on the CD accompanying this book.
- Updated Juvenile Court Rules reflecting the provisions of the juvenile code effective January 1, 2014 have not yet been published. References to the Uniform Rules for the Juvenile Courts of Georgia have been deleted from this edition of the notebook because the existing juvenile court rules reference juvenile code provisions that no longer exist.
- Judicial orders, published cases, reference materials and other documents that were created before January 1, 2014 and that mention Georgia’s Juvenile Code refer to juvenile court child abuse and neglect cases as “deprivation” actions. Under the previous juvenile code, children were found by courts to be “deprived.” Where this notebook quotes caselaw and other materials dated before January 1, 2014, the language used in those materials is quoted directly and is not changed to reflect the current juvenile code.
How to Cite to this Notebook
Suggested citations
- This notebook is a copyrighted work that has been produced for the purpose of improving the practice of dependency law in Georgia. This notebook may be quoted or reproduced in full or in part if
- proper credit is given to authors, editors and publisher (The Supreme Court of Georgia Committee on Justice for Children).
- the use of the quoted or reproduced sections does not occur in any publication or format that will be separately copyrighted or sold in any way.
- Full notebook:
- Mary Hermann & Karen Worthington, eds. Trial Notebook for Child Welfare Attorneys in Georgia’s Juvenile Court Dependency Cases. The Supreme Court of Georgia Committee on Justice for Children, March 2014.
- Individual chapter example:
- Pat Buonodono & Mary Hermann. “Child Welfare Case Law.” Trial Notebook for Child Welfare Attorneys in Georgia’s Juvenile Court Dependency Cases. Mary Hermann & Karen Worthington, eds. The Supreme Court of Georgia Committee on Justice for Children, March 31, 2014. Chapter 34, pages 614-647.
Acronyms
- The following commonly used acronyms are used throughout this notebook without referring to or spelling out the full name that the acronym stands for.
- AACWA: Adoption Assistance and Child Welfare Act of 1980
- APPLA: another planned permanent living arrangement
- ASFA: Adoption and Safe Families Act of 1997
- CAPTA: Child Abuse Prevention and Treatment Act
- CHINS: Georgia child in need of services
- CPS: Georgia Child Protective Services (within DFCS)
- CWLS: Child Welfare Law Specialist
- DFCS: Georgia Division of Family and Children Services
- DHS: Georgia Department of Human Services
- DJJ: Georgia Department of Juvenile Justice
- GAL: guardian ad litem
- ICPC: Interstate Compact on the Placement of Children
- ICWA: Indian Child Welfare Act of 1978
- IL: independent living
- ILP: Independent Living Program or independent living plan
- RE: reasonable efforts
- SAAG: Georgia Special Assistant Attorney General
- TPR: termination of parental rights
- Other commonly used acronyms that are generally written out in this notebook:
- ADR: alternative dispute resolution
- DP: due process
- FTM: family team meeting
- MDT: multi-disciplinary team meeting
- TLP: transitional living plan
- WTLP: written transitional living plan
Glossary of Terms Commonly Heard in Juvenile Court Proceedings
Contribution by Laurie Ann Fallon, JD,CWLS and Mary Hermann, JD,CWLS
IV-E Eligibility
Federal funding reimbursement to the state for dollars spent on children in foster care if the juvenile court orders specifically find DFCS has used reasonable efforts to prevent removal of the child from the family, reunify the child with the family, and finalize the child’s permanent plan.
ABANDONMENT,§ 15 -11-2(1)
Intent to forgo parental duties or relinquish parental claims evidenced by
- 6 months failure to
- meaningfully communicate
- maintain regular visitation
- leave child with another person without support
- participate in court-ordered reunification case plan
- respond to child protective proceeding
- 3 months
- leaving child without means to identify parent and
- parent identity cannot be determined despite diligent search
- absence from home for period of time that creates substantial risk of serious harm to the child
- any other conduct indicating intent to forgo or relinquish parental rights
ABUSE,§ 15 -11-2 (2)
- Non-accidental physical injury, unexplained physical injury resulting from acts or omissions of person responsible for child’s care
- Emotional abuse: § 15 -11-2(30)
- Sexual abuse or sexual exploitation: § 15 -11-2(69) and (70)
- Prenatal abuse: § 15 -11-2(56)
- Family violence as defined in§19-13-1: includes single act, multiple or continuing acts in child’s presence, child’s sight or child’s hearing
ADJUDICATION
Fact-finding proceeding to determine whether the facts alleged in the petition or other pleadings are true. This is the juvenile court equivalent to a trial in civil cases. Standard of proof is clear and convincing evidence in dependency, CHINS and TPR proceedings; standard is beyond a reasonable doubt in delinquency proceedings.
ADOPTION AND SAFE FAMILIES ACT OF 1997 (ASFA)
Federal law signed November 09, 1997, which significantly changed federal laws concerning foster care. Among other things, changed states’ obligations regarding reasonable efforts, encouraged TPR if children have been in agency foster care for 15 out of 22 months, required a “permanency hearing” after a child has been in foster care for 12 out of the last 15 months, calculated time in foster care from earlier of adjudication of dependency or 60 days after child is removed from home.
ADOPTION ASSISTANCE
Monthly per diem paid to foster parents who adopt children from foster care with “special needs.”
AGGRAVATED CIRCUMSTANCES,§ 15 -11-2(5)
The parent has:
- Abandoned an infant a child;
- Aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of such parent; attempted, conspired to attempt, or has subjected a child or his or her sibling to death or great bodily harm;
- Subjected, attempted, conspired to attempt, or has subjected a child or his or her sibling to torture, chronic abuse, sexual abuse, or sexual exploitation; or
- Committed the murder or voluntary manslaughter of his or her child's other parent or has been convicted of aiding or abetting, attempting, conspiring, or soliciting the murder or voluntary manslaughter of his or her child's other parent;
- Committed the murder or voluntary manslaughter of another child of such parent; or
- Committed an assault that resulted in serious bodily injury to his or her child or another child of such parent.
ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT (APPLA)
A permanency option for children when reunification with family or relatives or adoption is not an option. Provides for a deliberate plan that is supported with lifelong connections to other supportive adults. It is not a “default” option but must be well documented as the most appropriate plan with case-specific facts and compelling reason why it is the most appropriate case plan.
BABIES CAN’T WAIT (BCW)
Part of the CAPTA legislation, a federally funded state program that provides and coordinates assessments and rehabilitative services to developmentally delayed or disabled children ages 0 to 3 years at no cost to the parents. Requires every child 0 to 3 years who is found by the juvenile court to be “dependent” to receive a developmental assessment and rehabilitative services as needed.
BEST INTEREST OF THE CHILD, § 15-11-105
The legal standard that the judge must use in deciding disposition, custody, and other matters. What is in the best interest of the child is not always the same as the child’s wishes. It is not a standard of proof. Factors to consider in evaluating best interest are listed below.
To advocate for child’s best interest, GAL shall consider, in context of child’s age and developmental needs, these factors:
- physical safety and welfare, food, shelter, health, and clothing
- mental and physical health of all individuals involved
- evidence of domestic violence
- child's background and ties, including familial, cultural, and religious
- child’s sense of attachments
- least disruptive placement alternative
- child's wishes and long-term goals
- community ties, church, school, and friends
- child's need for permanence, need for stability and continuity of relationships
- uniqueness of every family and child
- risks associated with being in substitute care
- preferences of the persons available to care for the child
- Any other factors considered by the GAL to be relevant and proper
BIOLOGICAL FATHER,§ 15 -11-2 (6)
Male who impregnated the biological mother resulting in birth of a child, Putative father
CAPTA (CHILD ABUSE PREVENTION AND TREATMENT ACT)
Mandates, coordinates, funds programs at state and federal level designed to prevent and treat child abuse. Initiatives include Babies Can’t Wait, training for GALs and attorneys representing children in dependency cases, educational plan for special needs children, Court Improvement Projects.
CAREGIVER,§ 15 -11-2(8)
Person providing a residence for child or legally obligated to provide or legally obligated to secure adequate care for a child, includes parent, guardian, or legal custodian.
CASA (Court Appointed Special Advocate)–community members who are specially trained and appointed by the court as officers of the court to represent the best interests of the child in dependency proceedings; sometimes referred to as a lay guardian. §§ 15 -11-103, 104, 105, 106.
CASE PLAN,§ 15 -11-2(9), §§ 15-11-200 and 201
Document developed in a dependency case by DFCS, in conjunction with parents/guardian/legal custodians and child (when appropriate), which states the reasons a child is brought into protective custody and the exact steps which must be taken by everyone involved to alleviate the conditions of dependency and allow the parent to provide a safe and stable home for the child. The initial case plan is due thirty (30) days from the date the child was removed from the home. The case plan is reviewed at each subsequent review.
- Case Plan Types: 1. Reunification, 2. Concurrent, 3. Nonreunification
- Types of Permanency Plans: 1. Reunification, 2. Adoption, 3. Permanent Guardianship, 4. APPLA (Another Planned Permanent Living Arrangement)
CCFA (Comprehensive Child and Family Assessment)
Formerly First Placement Best Placement assessment. Private providers under contract with DFCS are given child / family referrals within 48 hours of the child entering DFCS custody; the CCFA includes a trauma assessment / developmental evaluations of the child, health check screens, educational assessment of child with records, dynamic assessment of the child/ family interaction, family history, genogram, relative search information, attends family team meeting and multi-disciplinary team meeting. CCFA includes a trauma assessment of child:
- Trauma history of child, what child has experienced or been exposed to as well as how the child coped with the trauma in the past and present;
- Standardized trauma screening tool;
- Summary and recommendation for treatment and determines whether a full psychological or other specialized assessment is indicated (psycho-sexual, educational, neuro-psychological).
CHILD, § 15 -11-2 (10)
Any individual who is
- Under the age of 18 years;
- Under the age of 17 years when alleged to have committed a delinquent act;
- Under the age of 22 years and in the care of DFCS as a result of being adjudicateddependent before reaching 18 years of age;
- Under the age of 23 years and eligible for and receiving independent livingservices through DFCS as a result of being adjudicated dependent before reaching 18years of age; or
- Under the age of 21 years who committed an act of delinquency before reachingthe age of 17 years and who has been placed under the supervision of the court or onprobation to the court for the purpose of enforcing orders of the court.
CHINS (Child in Needs of Services), § 15 -11-2(11)
A child adjudicated to be in need of care, guidance, counseling, structure, supervision, treatment, or rehabilitation and who is adjudicated to be:
- Truant
- Habitually disobedient / ungovernable
- Runaway
- A child who wanders or loiters the streets of city, highway or any public place between midnight and 5:00 A.M.
- A child who disobeys court ordered supervision
- A child who patronizes bar where alcoholic beverages sold or who possesses alcoholic beverages
- A delinquent child who is adjudicated to be in need of supervision but not treatment or rehabilitation
- Formerly UNRULY
CITIZEN REVIEW PANEL
Community members who are specially trained and appointed by the court to conduct periodic reviews of the cases of children who are in foster care. The Citizen Review Panel serves a judicial function. The Panel reviews progress on the case plan and makes recommendations to the parties and to the judge regarding changes that may need to be made in the case plan or the placement of the child. Any party may request an in-court review of the Panel’s recommendations within 5 days of receiving a copy of the revised case plan.
CLASS A DESIGNATED FELONY ACT,§ 15 -11-2(12)
List of delinquent acts committed by a child 13 years of age or older which, if committed by an adult, would be one or more of the following crimes. . . .
CLASS B DESIGNATED FELONY ACT,§ 15 -11-2(13)
List of delinquent act committed by a child 13 years of age or older which, if committed by an adult, would be one or more of the following crimes. . . .
COMPLAINT,§ 15 -11-2(14)
Initial document setting out the circumstances that resulted in a child being brought before the court.
CONCURRENT PLANNING
Case plan that allows for the simultaneous planning and delivery of services to the family for reunification with the family and a permanent plan outside the family.
CPS (CHILD PROTECTIVE SERVICES)
The section of DFCS which receives initial calls alleging child abuse and neglect and which is responsible for investigating the initial complaints (often heard as “CPS worker”), also referred to as an “Intake” or “Investigations Unit.” CPS unit also provides “ongoing services” to families where the child remains in the home. These cases are often referred to as Family Preservation Services cases, or FSP.