GA Child Attorney Trial Notebook:: Motion to Extend

Motion to Extend

Authority

15-11-58 (n)

Purpose

To determine whether extended custody to DFACS is necessary to accomplish the purposes of the original Order
Order can only be extended ONE time & then DFACS MUST start with a new action

Pleadings

Motion to Extend

Jurisdiction

Same as Order being extended

Venue

Same as order being extended

Timing

Filed and Heard prior to expiration of the Order being extended, except hearing may be continued past expiration of prior Order IF parent request an attorney or waives

Parties

Parents, DFACS, attorneys for parties, CA attorney, foster parents

Notice

Reasonable notice, if address known or "last known" address then parents may be mailed notice & Motion

Standard of Proof

Clear & Convincing

Reasonable Efforts

To reunify the family & achieve permanency for the child

Decision Points

Have the purposes of the original Order been accomplished?
Has DFACS used reasonable efforts?
Is the stated case plan still appropriate?

Order

Requires specific findings of fact concerning whether the purposes of the original Order have been accomplished;
Analysis of which goals have been achieved and what are the Barriers to Reunification

Practice Points

Try to have the Permanency Hearing at the same time as the Motion to Extend

Have new or different barriers to reunification come to light then court to make specific findings of fact

Are there new or different barriers to reunification?

Could some of the Caseplan goals be accomplished with the child back in the home and wraparound or aftercare services?

15-11-58 (n) Motion to Extend

The court which made the order may extend its duration for not more than 12 months if:

(1) A hearing is held upon motion of the Division of Family and Children Services of the Department of Human Resources prior to the expiration of the order;

(2) Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected; and

(3) The court finds that the extension is necessary to accomplish the purposes of the order extended.

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GACC is an affiliate of the National Association of Counsel for Children	GACC Jane Okrasinski Executive Director Email: jane@gaccchildlaw.org