1. Family Preservation in Georgia
A Legal and Judicial Guide to Preventing Unnecessary Removal to State Custody

2. Family Preservation in Georgia
Financial support from the Georgia Bar Foundation
Resources and contributions of the project partners:
Barton Child Law & Policy Clinic—Emory University
Atlanta Volunteer Lawyers Foundation
Supreme Court of Georgia’s Committee on Justice for Children

3. Who Should Read This Guide?
New Legal Practitioners
Experienced Child Welfare Legal Professionals—Judges and Lawyers
DFCS?
To obtain copies...
The Guide can be downloaded from the Barton Clinic Website:

4. Our 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

5. The Forces Involved in the Removal Decision
Parents 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

6. The Forces Involved in the Removal Decision
Child Safety
2007 in Georgia—32,641 substantiated reports of maltreatment
27,728 victims of neglect
3,097 victims of physical abuse
1,201 victims of sexual abuse
615 victims of other abuse
The affect of “adverse childhood experiences” on child development

7. DFCS’ Decision Whether to Remove a Child From the Home
Intake
Screen out or refer for investigation?
DFCS policy calls for erring on the side of caution in accepting case for investigation
Response time
Diversion

8. DFCS Investigation of Maltreatment
Safety Assessment
Immediate danger of physical harm
What resources exist that would allow the child to remain safely in the home?
What protective interventions are necessary?
Risk Assessment
Risk of future maltreatment
Identify families who may benefit from services
How do case managers conduct assessments?
The Risk Assessment is attached as Appendix A
The Safety Assessment is attached as Appendix B

9. DFCS Investigation of Maltreatment
Supervisory Review
Has the case manager accurately assessed child safety and risk factors?
Removal should be the last option to maintain the child’s safety

10. When Does DFCS Make the Decision to Remove?
At intake in particularly dangerous cases
During investigation based on information that indicates danger
During 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.

11. Removing a Child From the Home
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?

12. Reasonable Efforts to Preserve the 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 family
No “laundry list” of efforts

13. DFCS Child & Family Service Plan—the CFSP
Georgia’s 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—

14. DFCS Child & Family Service Plan—the CFSP
In response to CFSR findings that Georgia was not in substantial conformity with its CFSP, Georgia has developed program improvement plans (PIP).
Where can I find Georgia’s PIP?
Georgia’s CFSR/Program Improvement Plan Website—

15. DFCS Policy The agency’s statement of policy is the first step
Is it ever reasonable for DFCS not to follow its own policy?
Where can I find DFCS policy?
DFCS Policy Manual—
Barton Clinic index and links to DFCS policy—

16. Understanding “Services”
Basic Services:
TANF—Temporary Assistance to Needy Families
Food Stamps
Childcare and Parent Services—CAPS
PUP
Housing, medical services, treatment services, transportation

17. Understanding “Services”
Family Support Services:
Prevention and early intervention services
Children 1st
Babies Can’t Wait
Parent education classes
Connecting families to community resources
School outreach and life-skills training
Treatment and recovery support

18. Understanding “Services”
Family Preservation Services:
Intensive services
Families in crisis
Families at risk for child removal
Family based?

19. Delivery of FPS Ongoing CPS—Family Preservation Case Management
Direct services
Services from outside providers
Good social work judgment
Care, logic, common sense, and reasonableness
Did DFCS offer and provide the services most likely to remedy a particular family’s needs?

20. Safety Planning During investigation or ongoing case
Identifies each safety concern
Outlines steps to ensure safety

21. The 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

22. The “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

23. Family 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

24. Court 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?

25. Court Culture Urgency rather than delay
Shared responsibility rather than mistrust and blame
Best practices
High expectations for preserving safety within the home

26. Knowledge and Use of Removal Data
A 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:

27. Stakeholder Collaboration
Community Resources
Training
Information Sharing
Maximizing Federal Funding
Protocols for Reasonable Efforts

28. Contrary to the Welfare
The judge’s decision authorizing removal and continued detention
At authorization
At 72 hours
Can the law standardize the analysis?
The law...
O.C.G.A. Section (a)

29. Juvenile Court Authorization
The judge or an intake officer?
Training of the intake officer
Questions to ask
Questions to ask. . .
See appendix C

30. Reasonable Efforts Knowledge of what resources should be available
Knowledge of what resources are, in fact, available
Making the finding