Child Attorney Trial Notebook for Deprivation Cases in Georgia’s Juvenile Courts

Mary Hermann
Child Attorney
Consultant
Carl Vinson Institute of Government
For print copies, please contact the Supreme Court of Georgia's Committee on Justice for Children
www.gajusticeforchildren.org
Phone: 404.657.9219

Deprivation Case Flowchart

Deprivation Case Flow Chart

Timelines for a Deprivation Case

Event

Timing

Time Waiveable?

Safekeeping / Date Entered Foster Care

immediate @ removal

NO (IV-E required)

Detentiona Hg w/ Ch removal

72 Hours of removal

NO

Detentiona Hg w/OUT Ch removal

30 days of complaint

NO

Reasonable Efforts

At every Hearing

NO

Continued DT

Every 72 Hours from removal - after 30 days dead

YES, if all parties pres & waive

CCFA - Comprehensive Child & Family Assessment

Within 24 hours of a Det Hg - DFCSrefers to CCFA provider

NO

Petition Filing W Ch Removal

Within 5 days of DT Hg

NO

Petition Filing W/OUT Ch Removal

Within 30 days of DT Hg

NO

Adjudication Hg W/ Ch Removal

Within 10 days of Petition Filing

YES, if all parties pres & waive

Adjudication Hg W/OUT Ch Removal

Within 60 days of Petition Filing

YES, if all parties pres & waive

FTM - Family Team Meeting

Within 3-9 days after a child enters FC

NO

Physical Health Screen

Within 10 days of a child's entry into FC

NO

Dental Health Screen

Within 10 days of a child's entry into FC

NO

Multidisciplinary Meeting (MDT)

Within 25 days of a child's entry into FC

NO

Case Plan

Within 30 days of a child's entry into FC

NO

ILP & ILP Services

at caseplan if child over 14 years

NO

WTLP - Written Transitional Living Plan+A19

at caseplan if child over 14 years

NO

CCFA DUE, needed for MDT & CSPL

Within 30 days of a child's entry into FC

 

M H Screen (Child: 4 yrs. & older)

Within 30 days of a child's entry into FC.

NO

Developmental Assessment (Child: 4 yrs. & under )

Within 30 days of a child's entry into FC. BCW referral immediately.

NO

Disposition

within 90 Days from Removal - Must have Diligent Search included

NO

Diligent Search

within 90 Days from Removal - Might be part of cspl then due w/ cspl

NO

Notice tp Foster Parents

written notice in advance of hgs under 15-11-58 (dispo, permanencey, NR, custody mod.,)

NO

Non Reunification Hearing

with in 30 days of NR announced as CSPL

NO

Extension

prior to expiration of previous order

NO, except all parties waive

TPR 15 out of 22 months child in FC or if abandoned infant or NR CSPL or 12 months non compliance w/ CSPL

Hearing must be held within 90 days of TPR Petition filing & TPR Order must be signed within 30 days of close of evidence, "Just Cause Exception"

YES If Court makes findings on record of an exception, Caselaw says TPR order must be signed within 1 year of filing petition

TPR Reviews

at least every 6 months

NO

Petition to Modify Third Party

anytime, check RCS time limits for $$$$$

 

Protective Order

anytime

 

Expedited ICPC

receiving State has 30 days after all documents submitted

 

Citizen Panel Review

every 6 months - minimum

NO

Guardianship

anytime

 

Legitimation

anytime,if TPR w/in 30 of service of TPR

 

Immigration Issue

ongoing, must complete before 18th, in ILP

 

IEP

ongoing

 

Expiration Date

If to DFACS - 12 months if to relative or non relative 24 months

NO

Permanencey Hearing Date

every 12 months child in FC

NO

Visitation - Parent

Within 1st week & bi monthly

 

Visitation - Sibling or other family

as soon as possible

 

Third party Custody Reviews

If relative - every 36 months if non relative every 12 months

NO

Abandoned Infant TPR

3 months abandoned - DFACS shall TPR

NO


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