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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 |
Within thirty (30) days of the child's removal from the home and at each subsequent review of the dispositional order, DFCS must submit a written report which shall either include a case plan for reunification of the family or the basis for its determination that a reunification plan is not appropriate.
Parents shall be given written notice of the meeting at least five (5) days in advance and shall be advised that the report to be discussed at this meeting will be submitted to the Judge to become an order of the Court.
The final report will become part of the formal case record and will be made available to the parents or guardian of the child upon request. The report must contain any dissenting recommendations of the citizen review panel and any recommendations made by the parents.
If a 30-day case plan is submitted to the court contains a plan for reunification services, it must also address each of the following items:
Each reason requiring the removal of the child;
The purpose for which the child was placed in foster care, including a statement of the reason why the child cannot be adequately protected at home and the harm which may occur if the child remains in the home;
The services offered and provided to prevent the removal of the child from the home;
A discussion of how the plan is designed to achieve a placement in the least restrictive, most family-like setting available and in close proximity to the home of the parents, consistent with the best interests and special needs of the child;
A clear description of the specific actions taken by the parents and specific services provided by DFCS or other appropriate agencies in order to bring about the identified changes that must be made in order to return the child to the home. (Services and actions required of the parents not directly related to the circumstances necessitating separation cannot be made conditions for the return of the child without further court review).
Specific time frames in which the goals of the plan are to be accomplished to fulfill the purpose of the reunification plan;
The person within DFCS who is directly responsible for ensuring that the plan is implemented;
Consideration of the advisability of reasonable visitation schedules which allow parent(s) to maintain meaningful contact with their children through personal visits, telephone calls, and letters.
Non-Reunification Plans
Reunification services are NOT required in every case
If the case plan does not contain a plan for reunification services then a Non Reunification Hearing must be held within 30 days of the filing of the case plan
A case plan with a non-reunification recommendation must address each of the following issues:
Each reason requiring the removal of the child;
The purpose behind placing the child in foster care, the reasons why the child cannot be adequately protected at home, and the harm which may occur if the child remains in the home;
A description of the services offered and provided to prevent the removal of the child from the home,
A clear statement describing all of the reasons supporting a finding that reasonable efforts to reunify a child with the child's family will be detrimental to the child, and that reunification services therefore need not be provided, including specific findings as to whether any of the grounds for terminating parental rights exist, as set forth in 15-11-94(b) or 15-11-58(a)(4)
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 progress and continued appropriateness of the case plan with DFACS, parents, child, family members, service providers, foster parents and others who have information on the family circumstances.
Citizen Review Panels meet initially within 90 days of a disposition order or within 6 months from the date of removal and no later than every six months thereafter when the child is in placement.
Citizen Panel Reviews submit for the Judge's approval a report which includes recommendations as to:
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.
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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 |