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

Review Hearing

Authority	15-11-58(k) & (l), 15-11-55(c), URJC 24
	Purpose	To check progress on case plan goals, accountability of all parties To determine if permanent plan for child is still appropriate To determine if goals & services are still appropriate To determine if there a continued need for an out of home placement for the child
	Jurisdiction	Same as Adj., attaches to a pending deprivation action
	Venue	Same as Adj., attaches to a pending deprivation action
	Timing	Anytime at the request of a party or the Court's own Motion In Court Review Hearing may be requested by Citizen Panel Review Deprivation cases MUST be reviewed EVERY SIX months either in Court or by the Citizen Review Panel
	Pleading	May be scheduled as part of a Court Order or Separate Motion for Court Review, stating the issues to be reviewed or the relief sought
	Parties	Same parties as the Adj., & foster parents
	Notice	Personal service to the parent / legal guardian written notice to foster parents
	Std Proof	Clear & convincing proof
	Reasonable Efforts	Is DFACS using reasonable efforts within the resources available to implement the case plan goals
	Right to Attorney	Yes
	Decision Point	Is there progress on case plan? Are there any changes which need to be made in the case plan goals which must be done by Court Order? Does a Contempt Action need to be initiated by any party to enforce compliance with Court ordered goals? Are the specific services made available appropriate? Changes made by parents Likelihood of success by parents? -- what is timeframe for success? Receive reports by service providers Summary of visitation & effect on child Are the needs of the child needs being met? Receive reports from GAL or CASA Does child need to remain in out of home placement? Court may "sua sponte" at any review hearing modify custody back to the parents & relieve DFACS of custody (15-11-55(c)
	Order	recite the reasons why child is still in need of continued placement why case plan is appropriate and what if any changes need to be made to the case plan by Order of the Court Report on reasonable efforts by DFACS make any other orders necessary to resolve deprivation issue for family & child may schedule next hearing

Practice Points

Reviews are necessary & encouraged to expedite progress on case plan,
Parties tend to be more compliant with court orders and case plans just before the Review Hearing date,
encourages compliance through potential consequences
ACCOUNTABILITY FOR ALL PARTIES

Citizen Panel Review

Citizen Panel Review programs use local volunteers selected by the Juvenile Court Judge and specially trained to meet periodically on a particular case to review the case plan progress and continued appropriateness.

Citizen Review Panels meet initially within 90 days of a disposition order or no later than six months following the child's date of removal and no later than every six months thereafter while the child is in placement.

Citizen Panel Reviews make findings and submit recommendations to the Judge for approval a report that includes the following:

the necessity and appropriateness of the current placement;
whether reasonable efforts have been made by the local DFCS office to obtain permanency for the child;
the degree of compliance with the specific goals and objectives set out in the case plan of all appropriate parties and their level of participation:
whether any progress has been made in improving the conditions that caused the child's removal from the home;
any specific changes that need to be made in the case plan, including a change in the permanency goal and the projected date when permanency for the child is likely to be achieved

If no hearing is requested, the Juvenile Court Judge will review the proposed revised plan and enter a supplemental order incorporating the revised plan as part of its disposition of the case.

15-11-55 (c) Disposition of deprived child.

c) Notwithstanding any other provision of law, the court after transferring temporary legal custody of a child to the Division of Family and Children Services within the Department of Human Resources may at any time conduct sua sponte a judicial review of the current placement plan being provided to said child. After its review the court may order the division to comply with the current placement plan, order the division to devise a new placement plan within available division resources, or make any other order relative to placement or custody outside the Department of Human Resources as the court finds to be in the best interest of the child. Placement or a change of custody by the court outside the Department of Human Resources shall relieve the department of further responsibility for the child so placed.

15-11-58 (k) & (l) Review hearing

k) Except as otherwise provided by law, an order of disposition placing a deprived child in foster care under the supervision of the Division of Family and Children Services of the Department of Human Resources shall continue in force for 12 months after the date the child is considered to have entered foster care or until sooner terminated by the court. For the purposes of this Code section, the date the child is considered to have entered foster care shall 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 the home, whichever is earlier. All cases of children in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources shall be initially reviewed within 90 days of the entering of the dispositional order but no later than six months following the child's placement and shall be conducted by the juvenile court judge, by an associate juvenile court judge or judge pro tempore, or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as shall be established by court rule by the Supreme Court of Georgia, with the advice and consent of the Council of Juvenile Court Judges. At the time of each review of every case of a child in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources, a representative of the Division of Family and Children Services shall notify the court whether such division intends to proceed with the termination of parental rights at that time. If such division indicates that it does not intend to petition for the termination of parental rights at that time, the court may appoint a guardian ad litem and charge such guardian with the duty of determining whether termination proceedings should be commenced. In the event the review is conducted by judicial citizen review panels, the panel shall transmit its report, including its findings and recommendations and those of such division, along with such division's proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parents within five days after the review. Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of such plan. The Division of Family and Children Services of the Department of Human Resources shall provide the custodian of the child, the foster parents of the child, and any pre-adoptive parents or relatives providing care for the child with a copy of those portions of the report of the judicial citizen review panel that involve the recommended permanency goal and the recommended services to be provided to the child. Following such initial review, additional periodic reviews shall be held at six-month intervals. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the court's order are applicable to proceedings under this subsection.

(l) If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating a revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all elements that the court finds essential in the proposed revised plan. The provisions of subsection (p) of this Code section concerning notice, opportunity to be heard, authority of the court, and content of the court's order are applicable to proceedings under this subsection. The judge's supplemental order shall be entered within a reasonable time from the conclusion of the hearing or expiration of the time for the hearing to be requested and shall also provide one of the following:

(1) That the child return to the home of his or her parents, legal guardian, or custodian with or without court imposed conditions;

(2) That the child continue in the current custodial placement and that the current placement is appropriate for the child's needs; or

(3) That the child continue in the current custodial placement but that the current placement plan is no longer appropriate for the child's needs and direct the department to devise another plan within available resources. The new plan must be submitted within ten days for court approval. Copies of any court approved revised plan shall be furnished to all parties. The Division of Family and Children Services of the Department of Human Resources shall provide the custodian of the child, the foster parents of the child, and any pre-adoptive parents or relatives providing care for the child with a copy of those portions of the court approved revised plan that involve the permanency goal and the services to be provided to the child.

In the event that the judicial citizen review panel determines that the parents have unjustifiably failed to comply with the ordered plan designed to reunite the family and that such failure is significant enough to warrant consideration of termination of parental rights, the panel may make a recommendation to the guardian ad litem of the child, the Division of Family and Children Services of the Department of Human Resources, and the intake officer of the court that a petition for termination of parental rights should be prepared. Any such party or officer of the court shall file a petition if, upon examination, they find sufficient evidence. In the event that no guardian ad litem has been appointed when the judicial citizen review panel recommends that a petition to terminate parental rights be filed, the court shall have the authority to appoint a guardian ad litem who shall have the duty to determine whether termination proceedings should be commenced.

RULES OF JUVENILE COURTS
24. JUDICIAL AND CITIZEN REVIEW OF CHILDREN IN FOSTER CARE

24.1 Case Review of Children in Foster Care; Generally.

All cases of children in foster care in the custody of the Division of Family and Children Services of the Department of Human Resources (hereinafter referred to as "DFCS") shall be initially reviewed within ninety (90) days of the entering of the dispositional order but no later than six (6) months following the child's placement in temporary foster case. Such review shall be conducted by the juvenile court judge, or a properly designated associate judge or judge pro tempore, or by judicial citizen review panels established by the court. After the initial review, each case shall be reviewed at least every six (6) months.

24.2 Creation of Judicial Citizen Review Panels.

A chief judge of a juvenile court or a chief superior court judge in a county where a superior court judge has juvenile court jurisdiction may elect to create judicial citizen review panels. If a judge elects to create judicial citizen review panels, he or she shall file a statement of intent with the Council of Juvenile Court Judges (hereinafter referred to as the "Council"). The Council shall then determine if there are adequate staff and resources available for the creation and operation of a judicial citizen review panel program and shall notify the court in writing of its determination within a reasonable time from receiving the statement of intent. If the Council determines that there are adequate resources to establish judicial citizen review panels, the Council shall notify the court in writing of this, and such written notice shall serve as the formal creation of a judicial citizen review panel program. Such panels shall be conducted in the manner set forth in O.C.G.A. § 15-11-58 and shall employ the standards and procedures as mandated by such statute, these rules, and program guidelines approved by the Council standing committee on permanency planning (hereinafter referred to as "Program Guidelines"). Only those courts which agree to operate under such terms and conditions shall be deemed to be in compliance with O.C.G.A. § 15-11-58.

24.3 Program Guidelines.

A current copy of the Program Guidelines shall be maintained in the clerk's office of every court that has a judicial citizen review panel program in place and shall be available for review upon request during the court's normal business hours.

24.4 Appointments; Term of Service; Vacancies; and Removal from Office.

Appointments. The judge shall screen, select and appoint individuals to serve on local judicial citizen review panels. The judge shall seek to select persons who represent a cross-section of the community with respect to race, economic status, gender, and ethnic background. Any person employed by DFCS, any juvenile court except for the person designated by the judge as the local program coordinator, or any person who serves as a legal guardian or custodian of a child in temporary foster care shall not be eligible to serve on any local judicial citizen review panels; provided, however, that any person serving as a member of a local judicial citizen review panel on July 1, 1991, who would be ineligible to serve under these rules may continue to do so until the judge appoints a qualified replacement.
Term of Service. Judicial citizen review panel members shall serve at the pleasure of the judge for a term of one (1) year. The panel member may continue to serve as long as the panel member meets the requirements of the Program Guidelines.
Vacancies. In the event that a vacancy arises, the judge shall appoint a qualified individual to serve the remainder of the unexpired term.
Removal from Office. The judge may remove a panel member for: failure to meet the certification requirements as provided in the Program Guidelines; (2) displaying any behavior which hinders the overall effectiveness of the panel; violating the oath of confidentiality; or conviction of a crime involving moral turpitude.

24.5 Training and Certification.

Before any person may serve on a judicial citizen review panel, they shall successfully complete an initial training course provided by professional staff employed by the Council. Each year thereafter, judicial citizen review panel members are required to complete additional training as prescribed by the Program Guidelines. Council staff shall certify completion of the required training to the court and the Council standing committee on permanency planning.

24.6 Panel Composition; Quorum; and Emergency Substitution Procedure.

Panel Composition. Each judicial citizen review panel shall be set up in accordance with the Program Guidelines.

Quorum. A quorum shall be as defined in the Program Guidelines.

Emergency Substitution Procedure. Emergency substitution procedures shall be handled as provided in the Program Guidelines.

24.7 Duties of the Judicial Citizen Review Panels.

Each judicial citizen review panel participating in foster care reviews shall submit findings and submit recommendations to the court, which, at a minimum, shall address the following issues:

The necessity and appropriateness of the current placement;
Whether reasonable efforts have been made to obtain permanency for the child;
The degree of compliance with the specific goals and action steps set out in the case plan;
Whether any progress has been made in improving the conditions that caused the child's removal from the home; and
Any specific changes that need to be made in the case plan, including a change in the permanency goal and the projected date when permanency for the child is likely to be achieved.

Judicial citizen review panels, if designated by the court, may assist DFCS, in a consultant-like capacity, in the preparation of the initial thirty (30) day permanency plan. Such assistance shall be provided during a face-to-face meeting between the primary caseworker, the parents and child(ren) when available, and members of the judicial citizen review panel.

Judicial citizen review panels may also perform such other duties and functions as provided by law.

24.8 Confidentiality of Proceedings.

All information discussed during a judicial citizen review panel review related to the cases reviewed shall remain confidential. The release of any case-related information must first be approved by the court.

24.9 Conflict of Interest.

Whenever a judicial citizen review panel member has a potential conflict of interest in a case being reviewed, the panel member shall advise the other panel members and persons present of the potential conflict prior to participating in the case review. If any party to the case believes that the potential conflict may prevent the panel member from fairly and objectively reviewing the case, such panel member shall be excused from participating in the review. The potential conflict of interest shall be duly recorded in the panel's findings and recommendations.

24.10 Notice of Case Reviews.

The local DFCS office shall furnish the local program coordinator with a master calendar of foster care cases to be reviewed on a quarterly basis and a list of individuals to be invited to each review at least twenty (20) working days prior to the date of the scheduled review. Advance written notice shall be provided to all interested parties in a uniform manner as set forth in the Program Guidelines.

24.11 Workload of the Panels.

The workload of the panels at any given time may not exceed the maximum or fall below the minimum number set forth in the Program Guidelines

24.12 Access to Case Information; Time Frames.

(a) Access to Case Information. Each judicial citizen review panel, each juvenile court, and Council staff shall have access to all records and information of the court and the local DFCS office that is pertinent to the case being reviewed.

(b) Time Frames. DFCS shall submit progress reports and updated case information to the local program coordinator at least five (5) working days before the date of the judicial citizen review panel review. Any supplemental information requested by the judicial citizen review panels from the local DFCS office must be submitted within five (5) working days from the date the request is received. All other information requested by judicial citizen review panels from other individuals and agencies shall be submitted within the time frames set forth in the Program Guidelines.

24.13 Panel Reviews.

(a) Case Review. A judicial citizen review panel may elect to hear from any person who formally requests to be heard during a foster care case review, as long as such person has specific knowledge of the case and can assist the panel in the review process. Parents and children may be accompanied to the review by a representative of their choice and such representative may be permitted to provide information.

(b) Presence of the Child. In the case where a child is present, any panel member may request of the chairperson that the panel members, Council staff, and other persons meet privately with the child if it is determined that this would facilitate the child's ability to communicate with the panel members.

(c) Persons Who Shall Receive Notice of Reviews. The following persons shall be given written notice of the judicial citizen review panel reviews: the parents, the child, Council staff, DFCS staff, any pre-adoptive parent or relative providing care for the child, and foster parents.

(d) Persons Who May Participate in Reviews. The following persons may participate in judicial citizen review panel reviews at the invitation of the panel: family members of the child, legal counsel retained by the parent(s) or appointed by the court for the child, and professionals and other citizens having specific knowledge of the case or special expertise which would benefit the panel review process.

(e) Exclusion from the Review. The panel chairperson may remove any person from any review on his or her initiative or at the request of any participant if the panel chairperson determines that such removal is necessary for an orderly and thorough review of the case.

(f) Oath of Confidentiality. Prior to participating in a judicial citizen review panel review, each person shall affirm by oath that he or she shall keep confidential all information disclosed during the panel review and any information related to the case and that such information may be disclosed only when authorized by law. In the event that any person violates the oath of confidentiality, such person shall be subject to the contempt powers of the court the child's ability to communicate with the panel members.

24.14 Placement Agency Attendance.

Unless excused from doing so by the judicial citizen review panel, DFCS and any other agency directly responsible for the placement, care, and custody of the child whose case is under review shall require the presence of the employee designated as responsible under the case plan or his or her immediate supervisor. The citizen review panel may request the presence of other specific employees of the DFCS office or other agency at the panel review.

24.15 Additional Procedures and Practices.

The Council may adopt such other administrative practices and procedures not inconsistent with the provisions of law and these rules as may be necessary from time to time for the operation of judicial citizen review panels.

24.16 Maintenance of Records.

See Rule 3.10. Effective Date: July 1, 1991

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