GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES

CHILD WELFARE POLICY MANUAL

Chapter: (17) Legal
Effective
Policy July 2019
The Juvenile Court Process Date:
Title:
Policy Previous
17.1 N/A
Number: Policy #:

CODES/REFERENCES
O.C.G.A. §15-11-2 Definitions
O.C.G.A. §15-11-19 Rights of Parties to Proceedings
O.C.G.A. §15-11-26 Best Interests of Child
O.C.G.A. §15-11-27 Physical and Mental Examinations
O.C.G.A. §15-11-101 Medical and Psychological Evaluations when Investigating Child Abuse
and Neglect
O.C.G.A. §15-11-103 Dependency Case Time Limitations
O.C.G.A. §15-11-103 Right to Attorney
O.C.G.A. §15-11-111 Court Orders
O.C.G.A. §15-11-125 Venue
O.C.G.A. §15-11-133 Removal of Child from the Home; Protective Custody
O.C.G.A. §15-11-133.1
O.C.G.A. §15-11-145 Preliminary Protective Hearing Requirements
O.C.G.A. §15-11-146; Preliminary Protective Hearing Findings
O.C.G.A. §15-11-150 Authority to File Petition
O.C.G.A. §15-11-151 Time Limitations for Filing Petition
O.C.G.A. §15-11-170 Discovery
O.C.G.A. §15-11-181 Adjudication Hearing
O.C.G.A. §15-11-190 Social Study
O.C.G.A. §15-11-191 Contents of Social Study
O.C.G.A. §15-11-200 DFCS Report; Case Plan
O.C.G.A. §15-11-203 When Reasonable Efforts by DFCS Not Required
O.C.G.A. §15-11-210 Disposition Hearing
O.C.G.A. §15-11-211 Relative Search
O.C.G.A. §15-11-212 Disposition of Dependent Child
O.C.G.A. §15-11-230 Permanency Planning Hearing
O.C.G.A. §15-11-231 Permanency Planning Report
O.C.G.A. §15-11-232 Permanency Planning Hearing; Findings
O.C.G.A. §15-11-264 Discovery
O.C.G.A. §15-11-411 Temporary Custody; Time Limitations
O.C.G.A. §15-11-414 Continued Custody Hearing; Findings
O.C.G.A. § 49-5-1 Children and Youth Act
O.C.G.A. § 49-5-8 Powers and Duties of Department of Human Services
O.C.G.A. § 49-5-41 Persons and Agencies Permitted to Access Records
Title IV-E of the Social Security Act Sections 471(a)(15)(E)(i); 471(a)(29); 475(5)(c)
50 U.S.C. App. §§501-597b-Servicemembers Civil Relief Act (SCRA)
Preventing Sex Trafficking and Strengthening Families Act, (Public Law 113-183)

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The Juvenile Court Process
 REQUIREMENTS
The Division of Family and Children Services (DFCS) shall:
1. Seek court intervention to protect a child, when:
a. Access to the alleged maltreated child(ren) or the home cannot be gained to assess
child safety.
b. A court order for either a physical examination, psychiatric or psychological
examination of a child or other children in the home is needed.
NOTE: This request may be made ex parte1.
c. A protective order is needed in accordance with policy 17.3 Legal: Court Orders and
Placement Authority).
d. A temporary alternative to foster care is appropriate (see policy 5.8 Investigations:
Temporary Alternatives to Foster Care).
e. Evidence indicates the child should not remain in the home or be returned home due
to safety concerns and there are no alternative safety options for the child. Some of
these situations may include, but are not limited to:
i. A child has experienced life-threatening maltreatment or serious injury at the
hands of a parent, guardian or legal custodian.
ii. A child was intentionally abandoned by the parents, guardian or legal
custodian.
iii. A child steadfastly refuses to return to the parents, guardian or legal custodian,
and the return could cause significant physical or emotional harm to the child.
iv. Parents, guardians or legal custodians steadfastly refuse to have a child
returned to them.
v. Parents, guardians or legal custodians have a significant mental illness,
untreated illness or significant mental disability that renders them unable to
care for their children, and/or poses a safety threat to a child.
vi. A parent, guardian or legal custodian has sexually abused a child, the offending
parent, guardian or legal custodian will have access to the child, and the non-
offending parent, guardian or legal custodian fails to protect the child.
vii. A parent, guardian or legal custodian has caused the death of a child through
maltreatment.
viii. Parents, guardians or legal custodians have a chronic or severe drug or alcohol
use disorder that has not been rehabilitated, rendering them unable to care for
their children, and/or posing a threat to the safety of their children. This includes
a parent of an infant born with prenatal substance or alcohol exposure, who is
non-compliant with their substance or alcohol use disorder treatment plan and
the parent’s substance or alcohol use poses a safety threat to the infant.
ix. A child requires medical treatment to prevent a serious illness, disability, or
death, and the parents, guardians or legal custodians are unwilling or refuse to
seek medical treatment.
x. A non-offending parent, guardian or legal custodian is unwilling or unable to
protect a child from the offending parent, guardian or legal custodian.
xi. Parents, guardians or legal custodians are involved in repeated, serious
criminal activity or have a conviction of a felony and imprisonment which has a
demonstrable negative effect on the safety of the child.

1 Ex parte means made or undertaken on behalf of only one of the parties involved in a court case without involving all parties.

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 xii. Parents, guardians, or legal custodians deny serious maltreatment and are
unwilling to participate in the case plan.
xiii. Parent’s, guardian’s or legal custodian’s explanation for an injury or illness is
inconsistent with the medical evaluation and/or assessment findings.
2. At its discretion, file a petition alleging dependency if DFCS has actual knowledge of
the abuse, neglect or abandonment of a child or is informed of the abuse, neglect or
abandonment and believes it to be true.
NOTE: Such petition shall not be accepted for filing unless the court or person
authorized by the court has determined and endorsed on the petition that the filing of
the petition is in the best interests of the public and the child.
3. At its discretion, file a dependency petition requesting placement authority for a child or
requesting that temporary custody of a child be transferred to another party.
4. Obtain approval of placement authority from the juvenile court when a child must be
removed and placed in foster care.
5. Consult with the Special Assistant Attorney General (SAAG) prior to any scheduled
juvenile court hearings at least five business days prior to the hearing, if available.
6. Immediately inform the SAAG of any discovery requests to obtain direction on the
handling of the request.
7. Adhere to the procedures and practices established by the juvenile court.
8. Request the court appoint an attorney for an alleged dependent child as soon as
practical, but no later than prior to the first court hearing that may substantially affect
the interests of the child, to ensure adequate representation of the child.
9. Adhere to the Indian Child Welfare Act (ICWA) in accordance with policy 1.6
Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for
Placement and Care to a Tribal Agency) regarding:
a. Informing the court if there is a 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 or a member of a Georgia recognized tribe.
b. Notification requirements for removal and termination proceedings.
10. Notify the court of a parent’s, guardian’s or legal custodian’s military service when the
parent, guardian or legal custodian is on active military duty and serving outside the
state of the court that has jurisdiction over the legal proceeding.
NOTE: For the purposes of Section 521 of the Service Members Civil Relief Act (SCRA),
the term “state” includes the District of Columbia, Puerto Rico, the Virgin Islands and
Guam.
11. File a petition for dependency within five days of the child’s PPH when the child is not
released from DFCS custody at this hearing. If the child was not removed from the home
or was returned at the PPH, the petition shall be filed within 30 days of the PPH.
12. Attend all court hearings including:
a. The PPH held within 72 hours of the child’s placement into foster care.
EXCEPTION: If the court enters an order for a temporary alternative to foster care,
the PPH shall be held within five days of the order.
b. The adjudication hearing scheduled no later than 10 days after the filing of the
petition for dependency, if the child is in foster care. If the child is not in foster care,
but the court has ordered a temporary alternative to foster care, the adjudication
hearing shall be held no later than 30 days after the filing of the petition for
dependency. Otherwise, the adjudication hearing shall be held within 60 days of the

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 filing of the dependency petition.
NOTE: If the adjudication is not completed within 60 days of the removal, the
dependency petition may be dismissed without prejudice.
c. The disposition hearing held and completed within 30 days after the conclusion of
the adjudication hearing, if not held in conjunction with the adjudication hearing.
d. The initial review held within 75 days following a child’s removal from the home.
e. The subsequent periodic review held within four months following the initial review.
NOTE: The Judicial Citizen Review Panel (JCRP) may conduct any periodic review
as requested by the court.
f. Any subsequent review hearings scheduled by the court, as necessary.
g. The permanency plan hearing held:
i. No later than 30 days after DFCS submits a non-reunification case plan to
the court; or
ii. No later than nine months after the date the child is considered to have
entered care, for a child under seven years of age at the time a petition for
dependency is filed.
iii. No later than 12 months after the date the child is considered to have entered
care, for children seven years of age and older at the time a petition for
dependency is filed.
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.
iv. At least every six months after the initial permanency plan hearing, as long
as the child remains in care or more frequently as deemed necessary by the
court until the court determines that such child’s permanency plan and goal
have been achieved.
v. The Termination of Parental Rights (TPR) Hearing, if applicable.
13. Determine the date the child is considered to have entered foster care to be the date of
the first judicial finding that the child has been subjected to child abuse or neglect or the
date that is 60 days after the date on which the child is removed from his or her home,
whichever is earlier (see Practice Guidance for guidance on calculating the time in foster
care).
14. Conduct a diligent search for parents, relatives (including the parents of the child’s
Siblings, when that parent has legal custody of such siblings), fictive kin and others who
have demonstrated an ongoing commitment to the child in accordance with policy 19.20
Case Management: Diligent Search.
15. Submit an updated diligent search report to the court at each periodic review hearing
(see policy 19.20 Case Management: Diligent Search).
16. Submit a written report (case plan) to the court within 30 days of the removal and at
each subsequent review of the disposition order.
NOTE: A hearing to review the case plan shall be held if the parent, guardian or legal
custodian disagrees with a proposed case plan for reunification and exercises his or her
right to request a hearing before the court within five days of the receipt of the plan (see
policy 10.23 Foster Care: Case Planning).
17. At the permanency plan hearing for non-reunification:
a. Demonstrate, by clear and convincing evidence, that a reunification plan is not
appropriate considering the child’s health, safety and need for permanency.

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 b. Notification to the court whether and when DFCS intends to file for TPR.
NOTE: The court shall consider in-state and out-of-state permanent placement options
for the child and incorporate a permanency plan for the child in the order from this
hearing.

PROCEDURES
Court Intervention
The Social Services Case Manager (SSCM) will:
1. Consider requesting a court hearing when:
a. Parents, guardians or legal custodians fail to comply with critical elements of the
case plan and exhibit continued diminished protective capacities, despite
documentation reflecting DFCS provided support and services necessary to achieve
these critical elements.
b. A change of custody is recommended.
c. A change in the specific provisions of the court order is needed.
d. Outcomes of the case plan have been met, and it is appropriate to request to be
relieved of custody/court-ordered supervision.
e. Other individual circumstances are identified and need to be brought to the court’s
attention.
2. Seek court intervention when the safety of a child cannot be assured and/or a caregiver
is non-compliant and court intervention may be necessary to protect the child:
a. Staff the case with the Social Services Supervisor (SSS) and SAAG to determine
whether there is a need to file a dependency complaint and/or petition either for a
protective order or for custody of the child.
b. Conduct a Family Team Meeting (FTM) or other family meeting prior to any court
action, when possible, to notify the family of the impending court action and possible
outcomes and to discuss any changes in the safety or case plans (see policy 19.3
Case Management: Solution Focused Family Team Meetings).
c. Consult with the SAAG and request they file a dependency complaint and petition
with juvenile court when court action is being sought.
d. Afford the person against whom a protective order is directed due notice and an
opportunity to be heard, prior to an order being granted by the court (accomplished
by service of the petition as required by state law).
e. Request that a protective order be modified, extended or terminated by the court as
deemed necessary and in the best interest of the child.
3. When the decision is made to remove the child:
a. Consult with the SAAG and request they obtain authorization from the court or
designated intake officer for DFCS to obtain placement authority for the child, if law
enforcement does not make the removal.
NOTE: A verbal order may be issued by a juvenile court judge but must be followed
by a written order that is obtained the first business day after the issuance of the
verbal order. DFCS cannot remove children without court authorization.
b. Provide the SAAG with all necessary and relevant supporting evidence and
information pertaining to possible witnesses, if the court requires a hearing or other
sworn testimony/statement prior to authorizing the removal of the child.
c. Obtain a copy of the ex parte removal order, if issued by the court, or “authorization”
to take child into custody.
d. Document legal actions and outcomes following in Georgia SHINES:

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 i. Upload the authorization or order into External Documentation, if not
uploaded via the Case Plan Reporting System (CPRS) interface.
ii. Custody Detail page.
iii. Legal Action and Outcomes Detail page.
iv. Legal Status page.
e. File a dependency complaint, if it was not filed to obtain authorization for placement
authority.
NOTE: A dependency action may be filed in the county in which the child legally
resides or in the county where the child is present when the proceeding is
commenced provided that the child is present in that county without his parent,
guardian or legal custodian or the acts underlying the dependency allegation are
alleged to have occurred in that county. This is referred to as the venue. The court
may transfer the proceedings to the county in which a child legally resides, if the
proceedings start in a different county (see policy 17.13 Legal: Court Transfer of
Jurisdiction).

Preparing for Court

Prior to any court hearing, the SSCM will:
1. Review the case record.
2. Staff with the SSS all available information that supports DFCS’ position on a case.
3. Discuss the case plan/services with the family and family support team via a Family
Team Meeting (FTM) or other family meeting (see policy 19.3 Case Management:
Solution Focused Family Team Meetings).
4. Develop a court report to present to the court, when necessary, summarizing:
a. The background of the case.
b. Services and/or steps taken to resolve the issues.
c. Progress or lack thereof of the family.
d. DFCS’ recommendations, including visitation if applicable.
5. Consult with the SAAG at least five business days prior to any upcoming hearing, if
available:
a. Contact the SAAG and request a consult that will ensure timely preparation for the
upcoming hearing.
b. Apprised the SAAG of all information.
c. All evidence, potential witnesses and DFCS’ recommendations.
NOTE: Include the Court Appointed Special Advocate and Guardian Ad Litem, if
appropriate based on consultation with the SAAG.
6. Notify the SAAG of the following, any time there is reason to know:
a. When either parent, guardian or legal custodian is on active duty in the military, so
the SAAG can notify the court.
b. Whether 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; or a member of a Georgia recognized tribe.

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Juvenile Court Hearings
The SSCM will:
1. For the preliminary protective hearing:
a. Staff the case with the SSS and SAAG prior to the hearing.
b. Be prepared to provide testimony.
c. Ensure a dependency petition is presented to the court within five calendar days of
the PPH, if the court finds probable cause to believe that the child is dependent, and
the judge orders the child to remain in foster care.
d. Update the Legal Status and/or Legal Action and Outcomes Detail pages in Georgia
SHINES within 72 hours of the hearing.
NOTE: If the court finds probable cause to believe the child is dependent, but does
not find that protective custody is necessary, then the court shall return the child to
his parent, guardian or legal custodian pending the hearing on the dependency
petition.
2. For the adjudication hearing:
a. Ensure a staffing occurs between the investigator, investigator’s SSS, Permanency
SSCM, Permanency SSS and SAAG to discuss the evidence to be presented,
witnesses needed, etc. prior to the hearing.
b. Be prepared to provide testimony.
c. Update the Legal Status and/or Legal Action and Outcomes Detail pages in Georgia
SHINES based on the court findings, within 72 hours of the hearing.
NOTE: Such findings become the basis of the initial case plan for reunification,
including any findings of dependency as a result of alcohol or other substance
abuse.
3. For the disposition hearing:
a. Share the results of the Comprehensive Child and Family Assessment (CCFA) with
the court, if available, to assist with the decision making regarding the placement
and needed services.
b. Be prepared to present agency recommendations.
c. Present the initial case plan to the court to be entered into the disposition order.
NOTE: The initial case plan must be submitted to the court within 30 days of removal
and at least 48 hours prior to the disposition hearing.
d. Present the initial diligent search to be entered into the disposition order.
NOTE: The initial diligent search must be submitted to the court within 30 days of
removal (see policy 19.20 Case Management: Diligent Search).
e. Update the Legal Status and/or Legal Action and Outcomes Detail pages in Georgia
SHINES within 72 hours of the hearing.
4. For a review hearing or permanency plan hearing:
a. Staff the case with the SSS and SAAG to discuss the evidence to be presented,
witnesses needed, etc.
b. Submit a case plan to the court five days prior to the permanency plan hearing (see
policy 10.23 Foster Care: Case Planning) including:
i. A recommended permanency plan for the child.
ii. An estimation of when the plan will be achieved.
iii. Documentation of the reasonable efforts taken by DFCS to finalize the
permanent placement of the child.
c. Submit an updated diligent search to the court at each periodic review hearing (see
policy 19.20 Case Management: Diligent Search).

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 d. Be prepared to provide testimony.
e. Request the court review the following, if a permanency plan hearing is being held
on a case where voluntary surrenders were obtained:
i. The circumstances of the child.
ii. Child-specific recruitment strategies DFCS has utilized, such as the use of
state, regional and national adoption exchanges and/or electronic exchanges.
iii. Any other steps taken by DFCS to pursue a permanent home for the child.
f. Update the Legal Status and/or Legal Action and Outcomes Detail pages in Georgia
SHINES within 72 hours of the hearing.

The SSS will:

1. Review the case record including any documented evidence to help determine whether:
a. Court intervention is warranted.
b. Sufficient evidence exists to support:
i. Present or impending danger.
ii. Each allegation of the dependency petition.
iii. The case plan or permanency plan to be considered by the court.
c. The initial diligent search is completed and submitted to the court within 30 days of
the child’s entry into foster care; and an updated diligent search is completed and
submitted prior to each periodic review hearing.
2. Assist the SSCM in:
a. 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).
b. Preparing for court testimony.
3. Staff the case with the SSCM and the SAAG prior to any court hearing (see policy 19.6
Case Management: Supervisor Staffing).
4. Attend court hearings, as needed, to provide guidance and support to the SSCM.

PRACTICE GUIDANCE
Preserving and strengthening families to prevent the unnecessary removal of children from
their homes is an integral part of permanency planning. It recognizes that most children’s
needs for permanency are met by the continuity of family relationships. In many ways the court
acts as a “gatekeeper” for children entering and exiting the foster care system. Consequently,
DFCS and the court must work in partnership and share accountability in ensuring permanency
at the earliest possible time for children. To enhance the partnership with the court and ensure
the best outcomes for children and families, the SSCM should be knowledgeable about the
following:
1. The rights, roles and responsibilities of the County Department when serving as
custodian of a child in foster care.
2. The procedural safeguards for the parents, guardians or legal custodians of children in
foster care.
3. The juvenile court process, including courtroom etiquette.
4. The applicable federal laws and sections of the Official Code of Georgia (O.C.G.A.).
5. Court order requirements for Title IV-E funding.
6. Timeframes for custody and other legal actions.

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Court Intervention to Protect Children
Determining when to initiate juvenile court action is one of the most difficult and important
decisions for DFCS staff. Involving the court too quickly may be a misuse of the authority
granted to DFCS and the court. Not involving the authority and protection of the court when a
child is not safe or is at significant risk may constitute a failure to adequately protect the child
and failure to discharge the authority given to DFCS. Therefore, when making the decision
whether to pursue court intervention, the health and safety of the child is the paramount
concern.

Some caregivers cannot or will not protect their child or ensure the child’s needs are met; and
despite reasonable efforts to remedy or improve the circumstances leading to the abuse or
neglect, a child may remain in imminent danger. When making critical decisions about whether
to seek court action to remove a child from the home as the only alternative for the child to be
protected and safe, a child’s right to protection and safety outweigh a caregiver’s right to the
child.

Service Members Civil Relief Act (SCRA)

Under the provisions of SCRA, a person on active duty military service, or someone on his/her
behalf, may petition the court for a stay of the proceeding if he/she feels his/her military service
materially affects his/her ability to defend himself/herself.

The court does not automatically grant each request for a stay; only when it is determined that
the parent’s, guardian’s or legal custodian’s ability to defend himself/herself is materially
affected by military service will a stay be granted. The court may, on its own motion, postpone
the proceeding for the presence of the parent, guardian or legal custodian.

Child’s Attorney
A child should have an attorney appointed before the first court hearing which may substantially
affect the interest of the child in order to ensure the child’s interest are adequately represented.
A child’s attorney owes the child the duties imposed by the laws of Georgia in an attorney-
client relationship.

Parent’s/Guardian’s/Legal Custodian’s Attorney

Whenever a parent, guardian or legal custodian is represented by an attorney, the County
Department shall recognize the implications of the attorney-client relationship. The SSCM
needs to ensure the SAAG is informed of the attorney representing the parent, guardian or
legal custodian. If the parent’s, guardian’s or legal custodian’s attorney is appointed by the
court, the attorney cannot be relieved of responsibility until the court issues an order indicating
he/she is no longer the attorney of record. If an attorney has entered an appearance in the
juvenile court, he/she remains the parent’s attorney for the matter until the court has permitted
the attorney to withdraw by appropriate order.

If the parent, guardian or legal custodian seeks to bring an attorney as his/her representative
to any conference or review held at the County Department or other location, the County
Department shall consult with the SAAG regarding the attorney’s presence and whether the
SAAG should also be present.

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Party
A party means the state, a child, parent, guardian, legal custodian or other person subject to
any judicial proceeding under Chapter 11 of Title 15 of the Official Code of Georgia. However,
for the purpose of CHINS and delinquency actions, only the child and the state shall be a party.
A party to a hearing has the right to:
1. Have an attorney at all stages of the proceedings.
2. Be present.
3. Be heard.
4. Present evidence.
5. Cross-examine witnesses.
6. Examine pertinent court files and records.
7. Appeal the orders of the court.
NOTE: All children subject to a dependency action are parties. The court may exclude
a child from any part of the dependency proceedings if the court determines that it is
not in the child’s best interest to be present. The attorney for an excluded child shall
not be excluded from the proceedings.

Discovery
Prior to any court proceedings, a party may request information from another party to assist
them in the presentation of their case in court. Although state law dictates that upon written
request a party to a proceeding shall have full access to certain information for inspection,
copying or photographing, these requests are usually handled by the attorneys (i.e. SAAG,
parent’s, guardian’s or legal custodian’s attorney, child’s attorney, etc.) in the proceedings. If
DFCS receives a written request from the attorney for a parent or child in a dependency case
for records or information, DFCS should immediately notify the SAAG of the request. In order
to meet the discovery requirements of the Juvenile Court Code, the SSCM should immediately
request to staff the case with the SAAG if the following information is requested:
1. The names and telephone numbers of each witness likely to be called to testify at the
hearing by another party.
2. A copy of any formal written statement made by the child or any witness concerning the
testimony of the witness that a party intends to call as a witness at the hearing.
3. Any scientific or other report that is intended to be introduced at a hearing or that
pertains to physical evidence that is intended to be introduced unless a court order or
written consent from the appropriate person is required.
4. Any drug screen concerning the child or his/her parent, guardian or legal custodian.
5. Any case plan concerning the child or his or her parent, guardian or legal custodian.
6. Any visitation scheduled related to the child.
7. Photographs and any physical evidence that are intended to be introduced at any
hearing.
8. Copies of any police reports that are included in the basis for the petition.
9. Any other relevant evidence not requiring consent or a court order.
The SAAG will provide direction to DFCS concerning the provision of information or records,
including responses to discovery requests, to a child’s or parent’s attorney while a dependency
case is pending in the juvenile court.

Upon presentation of a court order or written consent from the appropriate person permitting
access, any party shall have access to the following:
1. Any psychological, developmental, physical, mental or emotional health or other

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 assessments of the child or his/her family, parent, guardian or legal custodian.
2. Any school record concerning the child.
3. Any medical record concerning the child.
4. Transcriptions, recordings and summaries of any oral statement of the child or of any
witness, except child abuse reports that are confidential.
5. Any FTM report or multidisciplinary team meeting report concerning the child or his/her
parent, guardian or legal custodian.
6. Supplemental police reports, if any, regarding an occurrence that is included in the basis
of the petition.
7. Immigration records concerning the child.
NOTE: If DFCS receives a court order providing access to any of the above, immediately staff
the request with the SAAG.

Any request for discovery shall be complied with no later than five days from receipt of the
request or 72 hours prior to any hearing unless the timing of the request does not allow the
party to meet these timeframes. If a request for discovery is made fewer than 48 hours prior
to the hearing, the response should be produced in a timely manner. DFCS shall immediately
inform the SAAG of all discovery requests and the SAAG should assist the County Department
with all discovery requests.

Date Child is Considered to Have Entered Foster Care

When a child is alleged to be a dependent child, the date such child is considered to have
entered foster care shall be the date of the first judicial finding that such child has been
subjected to child abuse or neglect or the date that is 60 days after the date on which such
child is removed from his or her home, whichever is earlier.

In order to meet time frames for permanency plan hearings required under Title IV-E rules and
regulations, DFCS staff is advised to schedule permanency plan hearings using the removal
date as the beginning point from which the permanency plan hearing time limits are calculated.
As an example, an initial permanency plan hearing that must be held no later than 12 months
from the time a child is considered to have entered foster care would be scheduled 12 months
from the date the child was removed from the home. This practice will ensure that hearings
are held within the time limits required by federal law.

Emergency Removal
DFCS does not have the authority to remove a child without the written consent of the parent,
guardian or legal custodian or order of the court, except in short-term emergency care
situations (see policy 3.9 Intake: Intakes Involving Sex Trafficking/Sexual Servitude, 3.12
Intake: Intakes Involving Other Distinct Types of Intake Reports and 5.13 Investigations: Short
Term Emergency Care). In situations where the life of a child is in immediate danger because
of maltreatment or the child is a victim of trafficking for labor or sexual servitude and removal
must take place without a court order, removal must be completed by law enforcement officials
or by a duly authorized officer of the court.

Any law enforcement officer has the authority and responsibility to take necessary action to
protect children from immediate danger. This authority allows the officer to take a child into
custody without a court order. If immediate medical treatment is needed, the officer is further
authorized to take the child directly to a medical facility, giving notice of this action promptly to

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juvenile court and DFCS.

If a law enforcement officer removes a child, the officer should not expect that DFCS will take
placement responsibility for that child without first having a judge’s signed order or the signed
order of a juvenile court intake officer. If any law enforcement agency leaves a child at a DFCS
office without having obtained the required legal documentation, DFCS shall immediately
initiate procedures to obtain an emergency custody order.

Prior to authorizing the removal of a child from their home or ordering a child to remain in
protective custody, the court shall consider whether there are reasonable alternatives to the
removal of the child and placement into foster care. The court may order temporary alternatives
to foster care instead of removing the child and placing the child in protective custody or
continuing the child in protective custody.

Temporary Alternatives to Foster Care

Temporary alternatives to foster care are measures that a juvenile court may order in lieu of
removal or placement of a child alleged to be dependent in protective custody which will
prevent or reduce the trauma of removal; allow a child to be cared for by persons with whom
the child has an existing bond or attachment; or that ensure the safety of the child pending
further action by the court on the dependency complaint or petition.

Temporary alternatives to foster care may be ordered by the court ex parte, prior to or following
a PPH. A temporary alternative to foster care may include one or more of the following:
1. A temporary order authorizing the child to be cared for by a relative or fictive kin;
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 (see policy 17.3 Legal: Court Orders and Placement
Authority); or
3. An order that DFCS investigate and report to the court whether removal is necessary.

When entering an order for a temporary alternative to foster care requiring the child to be cared
for by a relative or fictive kin, the court shall order a preliminary assessment of the person who
is to provide care for the child by a probation officer, or other individual/agency as the court
may designate (see policy 5.8 Investigations: Temporary Alternatives to Foster Care).

Temporary alternatives to foster care ordered by the court shall remain in effect until modified
by the court or until the court has held the PPH. The court may continue to impose the
temporary alternatives to foster care after the PPH.

The incorporation of temporary alternatives to foster care in state law included some
enhancements to the Juvenile Code related to a child in need of services (CHINS). Prior to
placing the child in DFCS custody, the court should consider placement with a relative or fictive
kin who promises to bring the child before the court in the following situations related to a
CHINS:
1. When a parent has not assumed custody at the end of the 12-hour period from which
their child who is alleged to be a CHINS was taken into temporary custody.
2. At the continued custody hearing, when the court determines there is probable cause

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 to believe the child has committed a status offense or is otherwise in need of services
and is determining the least restrictive placement consistent with the child’s need for
protection and control.

Best Interest Determination

The SSCM shall consider the “best interests” of the child whenever making recommendations
to the court. Whenever a best interest determination is required (at any juvenile court
proceeding), the court shall consider and evaluate all of the factors affecting the best interests
of the child based on the child’s age and developmental needs. Such factors shall include:
1. The physical safety and welfare of the child, including food, shelter, health and clothing.
2. The love, affection, bonding and emotional ties existing between the child and each
parent or person available to care for the child.
3. The love, affection, bonding and emotional ties existing between the child and his/her
siblings, half siblings and step-siblings, and the residence of the other children.
4. The child’s need for permanence, including the child’s need for stability and continuity
of relationships with his/her parent, siblings, other relatives and any other person who
has provided significant care to the child.
5. The child’s sense of attachments, including his/her sense of security and familiarity, and
continuity of affection for the child.
6. The capacity and disposition of each parent or person available to care for the child, to
give him/her love, affection and guidance, and to continue the education and rearing of
the child.
7. The home environment of each parent or person available to care for the child related
to the child’s nurturance and safety.
8. The stability of the family unit and the support systems within the community to benefit
the child.
9. The mental and physical health of all individuals involved.
10. The home, school and community history of the child as well as any health or
educational special needs of the child.
11. The child’s community ties, including church, school and friends.
12. The child’s background and ties, including familial, cultural and religious.
13. The least disruptive placement alternative for the child.
14. The uniqueness of every family and child.
15. The risks to entering and being in substitute care.
16. The child’s wishes and long-term goals.
17. The preferences of the persons available to care for the child.
18. Any evidence of family violence, substance abuse, criminal history or sexual, mental or
physical child abuse in any current, past or considered home for such child.
19. Any recommendation by a court-appointed custody evaluator or Guardian Ad Litem
(GAL).
20. Any other factors considered by the court to be relevant and proper to its determination.

Court Ordered Visitation

When a child is removed from his/her home, the court will order reasonable visitation that is
consistent with the age and developmental needs of a child if the court finds it is in the child’s
best interests. State law provides that there be a presumption that visitation will be
unsupervised unless the court finds that unsupervised visitation is not in the child’s best
interests. Thus, the court’s order must specify the frequency, duration and terms of visitation,

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including whether visitation will be supervised or unsupervised. DFCS has a responsibility in
making recommendations to the court initially and on an ongoing basis, including whether
visitation should be supervised or unsupervised. Information that must be considered includes,
but is not limited to:
1. CPS history and prior Permanency (Foster Care) history;
2. Current allegations;
3. Current family conditions;
4. Sufficiency of the safety plan;
5. Caregivers’ intent and attitudes towards support of the safety plan;
6. Progress towards the enhancement of caregiver protective capacities; and
7. The best interest of the child including safety, permanency and well-being.
NOTE: Within 30 days of the court finding that there is a lack of substantial progress towards
completion of a case plan, the court shall review the terms of visitation and determine whether
the terms continue to be appropriate for a child or whether the terms need to be modified.

Preliminary Protective Hearing

The purpose of the PPH is to allow the court to determine whether there is probable cause to
believe a child is a dependent child and whether protective custody of a child is necessary to
prevent abuse or neglect pending the hearing on the dependency petition. At the PPH, the
court informs the parties of:
1. The contents of the complaint.
2. The nature of the proceedings.
3. The parties’ due process rights, including the parties’ right to:
a. An attorney or to an appointed attorney, if they are indigent persons.
b. Call witnesses and to cross-examine all witnesses.
c. Present evidence.
d. A trial by the court on the allegations in the complaint or petition.

At the PPH, the court may:

1. Dismiss the case and return the child to the parent, guardian or legal custodian;
2. Return the child to the parent, guardian or legal custodian pending the hearing on the
dependency petition. The court may also order a temporary alternative to foster care if
it determines that such an order is necessary to prevent abuse or neglect prior to the
adjudicatory hearing and to prevent the need for the child to be placed in foster care; or
3. Place the child in the temporary custody of DFCS pending the hearing on the
dependency petition. DFCS shall prioritize temporary placement with an adult who is a
relative or fictive kin, provided that such individual has met DFCS’ requirements for
relative placement and such placement is in the best interest of the child.

The judge will hear limited testimony from the parties to determine whether there is probable
cause to believe that the allegations of dependency are true. Limited hearsay evidence may
be allowed with SSCMs having the opportunity to testify to what was told to them by other
persons who are not in attendance at the court proceeding.

The first order signed by a judge sanctioning the removal of the child or an order for a
temporary alternative to foster care must contain the “contrary to the welfare of the child” or
“removal from the home is in the best interest of the child” finding. If the PPH order is the first

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order signed by the judge, the language and finding should be contained in this order. A judicial
determination shall be made at this time as to whether DFCS has made “reasonable efforts to
preserve and reunify families.”

Adjudication Hearing
The purpose of the adjudication hearing is to determine whether the allegations in the petition
are true and if the child is “dependent” under Georgia law. At the adjudication hearing, the
issue is whether the child is a dependent child. The judge may not allow hearsay evidence;
thus, persons with firsthand knowledge of the matter must personally testify. DFCS bears the
burden of proof that the allegations in the petition filed are true by clear and convincing
evidence. If the court finds the allegations in the petition are true, it should make both specific
findings of fact and conclusions of law. If the child is found to be dependent, the court may
immediately, or within 30 days, make a disposition. A judicial determination must be made, at
this time and in court orders for later hearings, as to whether DFCS is making “reasonable
efforts to preserve and reunify families”. If the child is not found dependent, the court shall
dismiss the petition and order the child discharged from foster care.

The following persons shall have a right to participate in the adjudication hearing:
1. The parent, guardian or legal custodian of the child, unless such person cannot be
located or fails to appear despite being notified.
2. The attorney and GAL of the child.
3. The child, unless the court finds that being present is not in the child’s best interests.
4. The attorneys for the parent, guardian or legal custodian of the child.
5. The assigned SSCM.
6. The SAAG.

The following persons may also be present at an adjudication hearing if the court finds it is in
the child’s best interest:
1. Any relative or other persons who have demonstrated an ongoing commitment to a child
and with whom he/she might be placed.
2. A DFCS employee involved with the case.
3. An advocate as requested by the parent, guardian or legal custodian.
4. Other persons who have knowledge of or an interest in the welfare of the child.

Disposition Hearing
The disposition hearing is often held immediately following the adjudication hearing, but the
court may schedule it at a later date. The purpose of the disposition hearing is to determine
the needs of the child who has been adjudicated dependent and the most appropriate
disposition for the child now that he/she has been found “dependent.” The court may consider
any evidence, including hearsay evidence (see policy 17.3 Legal: Court Orders and Placement
Authority). At the conclusion of the disposition hearing, the court shall set the time and date for
the first periodic review hearing and the permanency plan hearing.

Before determining the appropriate disposition, the court shall receive, not less than 48 hours
prior to the disposition hearing, the following in evidence:
1. The social study report (usually the Comprehensive Child and Family Assessment
(CCFA) should suffice), if the court directs as discussed in Practice Guidance: Social
Study; and

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 2. The child’s proposed written case plan.
3. The completed diligent search.
NOTE: If the court elects to hold the disposition hearing in conjunction with the adjudication
hearing, timeframes for submitting the initial case plan, social study and diligent search will be
shortened. Thus, the SSCM will need to ensure the case plan and social study are completed
and submitted to the court at least 48 hours prior to the disposition hearing and the diligent
search is completed before the disposition hearing.

The court shall also consider:

1. Any study or evaluation made by the GAL.
2. Any psychological, medical, developmental or educational study or evaluation of the
child.
3. Other relevant evidence, including, but not limited to, the willingness of the caregiver to
provide permanency for the child if reunification is not successful.

Prior to a disposition hearing and upon request, the parties and their attorneys shall be given
an opportunity to examine any written report received by the court. Portions of written reports
may be withheld by the court. Parties and their attorneys shall be given the opportunity to
dispute written reports and to cross-examine individuals making the reports.

The court may make any of the following orders of disposition or combination of dispositions
best suited to the protection and physical, emotional, mental and moral welfare of the child:
1. Permit the child to remain with his or her parents, guardian or legal custodian, with or
without conditions by the court, including supervision.
2. Grant or transfer temporary legal custody to any of the following persons or entities:
a. Any individual, including a biological parent, who has been studied and has been
determined to be qualified to receive and care for the child, provided that priority
placement is given to an adult who is a relative or fictive kin;
b. An agency or other private organization licensed or legally authorized to receive and
provide care for a child;
c. Any public agency authorized by law to receive and provide for care for the child
except the Department of Juvenile Justice (DJJ) or the Department of Behavioral
Health and Developmental Disabilities (DBHDD); or
d. An individual in another state, with or without supervision, pursuant to the Interstate
Compact on the Placement of Children (see policy 15.6 Interstate Compact on the
Placement of Children (ICPC): Court Jurisdiction Cases and Other ICPC
Components).
3. Transfer jurisdiction of the child in compliance with ICPC.
4. Order the child and his/her parent, guardian or legal custodian to participate in
counseling or other services as determined by the court.
5. Order the parent, guardian or legal custodian of the child to participate in a court-
approved educational or counseling program designed to contribute to the ability of the
parent, guardian or legal custodian to provide proper care and supervision of the child
including, but not limited to, parenting classes.
6. Order DFCS to implement and the parent, guardian or legal custodian to cooperate with
any court-approved plan.
7. Order temporary child support.

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If a child is adjudicated as a dependent child and the dependency is found to have been the
result of substance abuse by his or her parent, guardian, or legal custodian and the court
orders transfer of temporary legal custody of such child, the court shall be authorized to further
order that legal custody of such child may not be transferred back to his or her parent, guardian,
or legal custodian unless such parent, guardian, or legal custodian:
1. Undergoes substance abuse treatment and random substance abuse screenings and
those screenings remain negative for a period of no less than 12 consecutive months;
or
2. Successfully completes programming through a family treatment court division.

Social Study
If the allegations of the dependency petition are admitted or after the child is adjudicated
dependent, the court may direct a person to complete a written social study and report. In
most situations, the CCFA will serve as the social study for the case. A social study shall
include, but not be limited to, a factual discussion of the following:
1. The plan for reunification and for achieving permanency for the child if reunification
efforts fail.
2. Whether it is in the best interest of the child to grant reasonable visitation rights to his/her
other relatives to maintain and strengthen the child’s family relationships.
3. Whether the child has siblings under the court’s jurisdiction, and if so:
a. The nature of the relationship between the child and his/her siblings.
b. Whether the siblings were raised together in the same home and whether they have
shared significant common experiences or have existing strong bonds.
c. Whether the child expresses a desire to visit or live with his/her siblings and whether
ongoing contact is in the child’s best interest.
d. The appropriateness of developing and maintaining sibling relationships.
e. If siblings are not placed together, why they are not placed together, the efforts being
made to place them together or why those efforts are not appropriate.
f. If siblings are not placed together, the frequency and nature of visitation with siblings.
g. The impact of the sibling relationship on the child’s placement and planning for legal
permanence.
4. The appropriateness of a placement with a relative.
5. Whether a caregiver desires and is willing to provide permanency for the child if
reunification is not successful.

FORMS AND TOOLS

Courtroom Proceedings Tips for Case Managers
Legal Services Request/Report

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