Family Preservation in GeorgiaFamily Preservation in Georgia

A Legal and Judicial Guide to Preventing Unnecessary Removal to

State Custody

Family Preservation in GeorgiaFamily Preservation in Georgia

Financial support from the Georgia Bar Foundation

Resources and contributions of the project partners:Barton Child Law & Policy Clinic—Emory

UniversityAtlanta Volunteer Lawyers FoundationSupreme Court of Georgia’s Committee on

Justice for Children

Who Should Read This Guide?Who Should Read This Guide?

New Legal Practitioners Experienced Child Welfare Legal

Professionals—Judges and LawyersDFCS?

To obtain copies...

The Guide can be downloaded from the Barton Clinic Website:

www.Childwelfare.net

Our ApproachOur Approach

What is the role of the lawyers and judges when DFCS is the one that makes the decision whether to remove?

How do judges decide whether a removal is necessary?

How can lawyers best represent clients who face the removal of a child?

When is a removal not a removal?

The limited scope of this Guide

Prevention of abuse and reunification of children with their parents are equally important components of family preservation

The Forces Involved in the The Forces Involved in the Removal DecisionRemoval DecisionParents and Children’s Rights

“The right to the custody and control of one’s child is a fiercely guarded right in our society and in our law. It is a right that should be infringed upon only under the most compelling circumstances.” In re M.S., 178 Ga. App. 380

“All children have the right to a healthy and safe childhood in a nurturing, permanent family, or in the closest substitute to a family setting.” NCJFCJ Key Principles

The Forces Involved in the The Forces Involved in the Removal DecisionRemoval DecisionChild Safety

2007 in Georgia—32,641 substantiated reports of maltreatment27,728 victims of neglect3,097 victims of physical abuse1,201 victims of sexual abuse615 victims of other abuse

The affect of “adverse childhood experiences” on child development

DFCS’ Decision Whether to DFCS’ Decision Whether to Remove a Child From the HomeRemove a Child From the HomeIntake

Screen out or refer for investigation?DFCS policy calls for erring on the side of

caution in accepting case for investigation

Response timeDiversion

DFCS Investigation of DFCS Investigation of MaltreatmentMaltreatmentSafety Assessment

Immediate danger of physical harmWhat resources exist that would allow the

child to remain safely in the home?What protective interventions are necessary?

Risk AssessmentRisk of future maltreatment Identify families who may benefit from services

How do case managers conduct assessments?

The Risk Assessment is attached as Appendix AThe Safety Assessment is attached as Appendix B

DFCS Investigation of DFCS Investigation of MaltreatmentMaltreatmentSupervisory Review

Has the case manager accurately assessed child safety and risk factors?

Removal should be the last option to maintain the child’s safety

When Does DFCS Make the When Does DFCS Make the Decision to Remove?Decision to Remove?

At intake in particularly dangerous casesDuring investigation based on information

that indicates dangerDuring an “on-going” case, after

reasonable efforts to address the risk fail

Remember, however . . .

DFCS cannot remove a child from the home without court authority.

Removing a Child From the Removing a Child From the HomeHome In your county:

Who makes the decision to request the court’s authorization to remove a child to DFCS custody?

Does DFCS seek legal advice from the SAAG before requesting court authorization to remove?

Does DFCS ask assistance from law enforcement when removing children from the home?

How frequently does law enforcement take protective custody of a child?

Reasonable Efforts to Preserve the Reasonable Efforts to Preserve the Family and Prevent Removal?Family and Prevent Removal?

What is reasonable?Is this a legal determination?How can lawyers and judges determine

reasonability of social work?Efforts must address the needs of the

familyNo “laundry list” of efforts

DFCS Child & Family Service DFCS Child & Family Service Plan—the CFSPPlan—the CFSP

Georgia’s 2005-2009 CFSP, along with the Annual Progress and Services Reports (APSR), describe the services DFCS provides to protect children and preserve families in Georgia.

The federal government monitors Georgia’s compliance with the CFSP through a process known as the Child and Family Services Review (CFSR).

Where can I find Georgia’s CFSP, APSR, and CFSR?

Georgia’s CFSR/Program Improvement Plan Website—www.gacfsrpip.org

DFCS Child & Family Service DFCS Child & Family Service Plan—the CFSPPlan—the CFSP In response to CFSR findings that

Georgia was not in substantial conformity with its CFSP, Georgia has developed program improvement plans (PIP).

Georgia’s CFSR/Program Improvement Plan Website—www.gacfsrpip.org

Where can I find Georgia’s PIP?

DFCS PolicyDFCS Policy

The agency’s statement of policy is the first step

Is it ever reasonable for DFCS not to follow its own policy?

DFCS Policy Manual—http://www.odis.dhr.state.ga.us

Barton Clinic index and links to DFCS policy—http://childwelfare.net/DHR/policies/cpindex.html

Where can I find DFCS policy?

Understanding “Services”Understanding “Services”

Basic Services:TANF—Temporary Assistance to Needy

FamiliesFood StampsChildcare and Parent Services—CAPSPUP

– Housing, medical services, treatment services, transportation

Understanding “Services”Understanding “Services”

Family Support Services:Prevention and early intervention services

– Children 1st

– Babies Can’t Wait

Parent education classesConnecting families to community resourcesSchool outreach and life-skills trainingTreatment and recovery support

Understanding “Services”Understanding “Services”

Family Preservation Services:Intensive servicesFamilies in crisisFamilies at risk for child removalFamily based?

Delivery of FPSDelivery of FPS

Ongoing CPS—Family PreservationCase Management

– Direct services– Services from outside providers– Good social work judgment– Care, logic, common sense, and

reasonablenessDid DFCS offer and provide the services

most likely to remedy a particular family’s needs?

Safety PlanningSafety Planning

During investigation or ongoing caseIdentifies each safety concernOutlines steps to ensure safety

The Safety PlanThe Safety Plan

Use of family resources, neighbors or individuals as safety resources

Use of community agencies or services as safety resources

Having the alleged perpetrator leave the home

Having the non-maltreating caregiver move to a safe environment with the child

The “Out of Home” Safety PlanThe “Out of Home” Safety Plan

Having the caregiver place the child outside the home—is this a removal?

The family’s right to make its own decisions to avoid foster care

The family’s decision in the face of DFCS pressure

A safety plan using out of home placement should never be a permanent placement or be a substitute for court action

Family Team MeetingsFamily Team Meetings

FTM as a tool for engaging families in the change process

Who comes to the FTM?How frequently is DFCS holding

FTMs?The Family Plan

Court ImpactCourt Impact

How can the Juvenile Court help to prevent unnecessary removal?DFCS cannot remove without court

authorization—the judicial branch provides the check on the executive branch

How can the Juvenile Court contribute to family preservation?

Court CultureCourt Culture

Urgency rather than delayShared responsibility rather than

mistrust and blameBest practicesHigh expectations for preserving safety

within the home

Knowledge and Use of Removal Knowledge and Use of Removal DataDataA court does not make removal

decisions to maintain or attain “good numbers”

What do the numbers mean to you?

To find your numbers...

Fostering Court Improvement:

http://fosteringcourtimprovement.org

Stakeholder CollaborationStakeholder Collaboration

Community ResourcesTrainingInformation SharingMaximizing Federal FundingProtocols for Reasonable Efforts

Contrary to the WelfareContrary to the Welfare

The judge’s decision authorizing removal and continued detentionAt authorizationAt 72 hoursCan the law standardize the analysis?

The law...

O.C.G.A. Section 15-11-57 (a)

Juvenile Court AuthorizationJuvenile Court Authorization

The judge or an intake officer?Training of the intake officerQuestions to ask

Questions to ask. . .

See appendix C

Reasonable EffortsReasonable Efforts

• Knowledge of what resources should be available

• Knowledge of what resources are, in fact, available

• Making the finding