Glossary of Terms

GLOSSARY OF TERMS COMMONLY HEARD IN JUVENILE COURT PROCEEDINGS

10-DAY HEARING (Adjudicatory Hearing, Formal Hearing)- must be set on the calendar within 10 days of filing the petition if the child is detained.

72-HOUR HEARING (Probable Cause Hearing, Detention Hearing) - must be held within 72 hours after the juvenile is taken into custody (excluding week-ends and holidays). Also called emergency shelter care hearing (in deprivation proceedings). In delinquency cases, a probable cause hearing is technically a separate proceeding.

30-DAY CASE PLAN- Initial case plan required to be presented to the court within 30 days after the child is taken into protective custody in a deprivation case.

IV Eligibility -- federal funding reimbursement to the State for dollars spent on children in foster care if the Juvenile Court Orders specifically find DFACS has used reasonable efforts to prevent removal of the child from the family, reunify the child with the family and finalize the child's permanent plan.

ADJUDICATION- Fact-finding proceeding to determine whether the facts alleged in the petition or other pleadings are true. This is the juvenile court equivalent to a trial in civil cases. Standard of proof is clear and convincing evidence in deprivation proceedings and beyond a reasonable doubt in delinquency proceedings.

ADOPTION AND SAFE FAMILIES ACT OF 1997- ASFA, Federal law signed November 09, 1997, which significantly changes federal laws concerning foster care. Among other things, changes states' obligations regarding reasonable efforts, encourages termination of parental rights if children have been in agency foster care for 15 out of 22 months, requires a "permanency hearing" after a child has been in foster care for 12 out of the last 15 months, calculates time in foster care from earlier of adjudication of deprivation or 60 days after child is removed from home.

ADOPTION SUPPLEMENT -- monthly per diem paid to foster parents who adopt children from foster with "special needs".

ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT (APPLA) -- for children where reunification with family / relatives or adoption is not an option, basically a long term foster care agreement.

BABIES CAN'T WAIT (BCW) -- part of the CAPTA legislation, federally funded State program which provides and coordinates assessments and rehabilitative services to developmentally delayed or disabled children ages 0 to 3 years at no cost to the parents. Requires every child 0 to 3 years who is found by the Juvenile Court to be "deprived" to receive a developmental assessment and rehabilitative services as needed.

BEST INTEREST OF THE CHILD- The legal standard, which the judge must use in deciding disposition, custody, and other matters. What is the best interest of the child is not always the same as the child's wishes. It is not a standard of proof.

CAPTA -- CHILD ABUSE PREVENTION AND TREATMENT ACT -- mandates, coordinates, funds programs at State and Federal level designed to prevent and treat child abuse. Initatives include Babies Can't Wait, training for GALs and attorneys representing children in deprivation cases, educational plans for special needs children, Juvenile Court in Improvement Projects.

CASA -- Court Appointed Special Advocate -- community members who are specially trained and appointed by the court as officers of the court to represent the best interests of the child in deprivation proceedings; sometimes referred to as a lay guardian.

CASE PLAN -- Document developed in a deprivation case by DFCS, parents, and sometimes the citizen review panel, which states the reasons a child is brought into protective custody and the exact steps which must be taken by everyone involved to alleviate the conditions of deprivation and allow the parent to provide a safe and stable home for the child. This plan must be reviewed by the juvenile court at least every six months.

CCFA -- Comprehensive Child and Family Assessment, formerly First Placement Best Placement assessment; private providers under contract with DFACS are given child / family referrals within 48 hours of the child entering DFACS custody; the CCFA includes psychological / developmental evaluations of the child, health check screens, educational assessment of child with records, dynamic assessment of the child/ family interaction, family history, genogram, relative search information, attends Family Team Meeting and Multi-Disciplinary Team Meeting

CHILD -- Any individual who is:

Under the age of 17 years;

Under the age of 21 years, who committed an act of delinquency before reaching the age of 17 years, and who has been placed under the supervision of the court or on probation to the court; or

Under the age of 18 years, if alleged to be a "deprived child" as defined by this article.

CITIZEN REVIEW PANEL - Community members who are specially trained and appointed by the court to conduct periodic reviews of the cases of children who are in foster care. The Citizen Review Panel serves a judicial function. The Panel reviews progress on the case plan and makes recommendations to the parties and to the judge regarding changes that may need to be made in the case plan or the placement of the child. Any party may request an in-court review of the Panel's recommendations within 5 days of receiving a copy of the revised case plan.

CONCURRENT PLANNING - Caseplan which allows for the simultaneous planning and delivery of services to the family for reunification with the family and a permanent plan outside the family

CPS -- Child Protective Services -- the section of DFCS, which receives initial calls alleging child abuse and neglect and which is responsible for investigating the initial complaints (often heard as "CPS worker"). Also referred to as an "Intake" or "Investigations Unit". CPS unit also provides "ongoing services" to families where the child remains in the home.

CUSTODIAN -- A person, other than a parent or legal guardian, who stands in loco parentis to the child or a person to whom legal custody of the child has been given by order of a court, and who has the rights and duties provided in Code Section 15-11-13.

CUSTODY -- The right to a child's care and control carrying with it the duty of providing food, shelter, medical care, education and discipline.

DELINQUENT ACT --

An act designated as a crime by the laws of this state, or by the laws of another state if the act occurred in that state, under federal laws, or by local ordinance, and the act is not an unruly offense or a juvenile traffic offense as defined in Code Section 15-11-731

The act of disobeying the terms of supervision contained in a court order which has been directed to a child who has been adjudged to have committed a delinquent act; or

Failing to appear as required by a citation issued with regard to a violation of Code Section 3-3-23, (offenses involving alcoholic beverages and persons under age 21).

DELINQUENT CHILD -- Child who has committed a delinquent act and is in need of treatment or rehabilitation.

DEPENDENCY -- Term used in other jurisdictions to refer to child abuse and neglect cases (synonym for deprivation)

DEPRIVED CHILD -- A child who:

Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional health or morals;

Has been placed for care or adoption in violation of law;

Has been abandoned by his parents or other legal custodian; or

Is without a parent, guardian, or custodian.

No child who in good faith is being treated solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination by a duly accredited practitioner thereof shall, for that reason alone be considered to be a "deprived child".

DEPRIVATION PROCEEDINGS -- Juvenile court proceedings held when there are allegations of abuse or neglect of a child.

DETENTION -- confinement of a minor by a public officer pursuant to law. Holding a juvenile in the custody of the county or state, whether in a jail, a youth detention facility, a shelter, a foster home, or another placement other than placement with the child's custodian.

DENTENTION HEARING- Proceeding, which must be held within 72 hours of taking a juvenile into custody (excluding week-ends and holidays) to determine whether the juvenile shall be held in custody (detained) or released.

DFCS (DFACS) -- Department of Family and Children Services, the department of DHR charged with delivering child protective services, family rehabilitation services, and other related services.

DHR -- Department of Human Resources.

DILIGENT SEARCH for relatives or others who have shown an ongoing commitment to the child.

DISPOSITION - Term used to describe outcome of case or placement of child; i.e. the disposition in a deprivation case may be that custody is placed with DFCS and the parent must accomplish the tasks described in the case plan.

DISPOSITION HEARING -- (DISPOSITIONAL) -- proceeding to determine what placement is best suited to the protection and physical, mental, and moral welfare of a child adjudicated deprived, delinquent, or unruly. Held after the adjudication; can be in the same proceeding as the adjudication or held within a reasonable time after the adjudication. DFACS must present "Diligent Search for Relatives" to proceed to a final disposition of the case.

DJJ -- Department of Juvenile Justice -- Formerly the Department of Children and Youth Services -- The state agency charged with providing for the needs of children who are adjudicated delinquent or unruly. In the disposition stage of a delinquency or unruly hearing, juveniles are "committed to the custody" of DJJ and DJJ then has responsibility for placing the child. DJJ placement options include Youth Development Campuses, community treatment facilities, group homes, therapeutic residential placements, boot camps, community schools, a wilderness program, court-based programs, and others.

DSM -- IV -- The Diagnostic and Statistical Manual of Mental Disorders -- the standard classification of mental disorders used by mental health providers in the US. Includes 5 axis for Clinical Disorders, Personality Disorders, General Medical Conditions, Psychosocial & Environmental Problems and Global Assessment of Functioning Scale (GAF).

EPSDT -- Early and Periodic Screening, Diagnosis, and Treatment -- Medicaid provides for health screening and treatment of all eligible children up to age 21. Under EPSTD, each state must screen children regularly and provide all necessary medical treatment for any problem discovered during the screening.

FAMILY TEAM MEETING (FTM) DFACS policy requires a FTM to occur within 9 days of the child coming into care to discuss the critical issues and circumstances which led to the child's placement; needs / strengths of the child / family, relative resources, placement resources …….

FOSTER CARE -- Temporary residential care provided to a juvenile pursuant to a court order from a deprivation proceeding; can include care by a non-biological foster family, group care, residential care, or institutional care.

FOSTER CARE PER DIEM -- On July 1, 2005 the foster care per diem rates in Georgia raised to the following:

$13.78 for a child age 0-6

$15.50 for a child age 7-12

$17.75 for a child age 13 and older

GLOBAL ASSESSMENT OF FUNCTIONING SCALE (GAF) -- mental health clinician's subjective judgment of the individual's overall level of functioning and carrying out activities of daily life. A 100 point scale measures a patient's overall level of psychological, social & occupational functioning on a hypothetical continuum with 100 being the highest.

GUARDIAN AD LITEM -- Officer of the court who is appointed to represent the best interest of the child in abuse and neglect proceedings, custody proceedings, and sometimes in delinquency or unruly proceedings. May be an attorney or layperson. Often referred to as "G.A.L.".

GUARDIANSHIP -- Term describing the legal status of a custodian of a juvenile which confers certain rights and responsibilities, including the requirement to provide for the child's physical, spiritual, and mental needs and the ability to register the child for school, obtain medical care, and provide legal consent when needed. May be granted by Probate Court or Juvenile Court. See Chapter 14. The guardian caregiver may be eligible for financial subsidy from DFACS.

IMPACT TRAINING -- formerly MAPP training, DFACS training for foster parents and adoptive parents

IEP (Individualized Educational Program) -- Written plan required to be developed for every child who is provided special education and related services. The plan is required by federal and state law and is developed by the school district and the child's parent or guardian. The IEP must describe all services needed by the child and the services that will be provided to meet the individualized educational needs of the child in the least restrictive environment.

INDEPENDENT LIVING PROGRAM (ILP) -- DFCS program for older teens in DFCS custody; county ILP coordinator assists teens with housing, school, and job arrangements and teaches life skills; is transitional program for teens in non-traditional foster care settings who are becoming adults. Each foster child 14 and older must have a written transitional ILP.

IN LOCO PARENTIS - Latin term -- "in the place of the parent"; refers to actions of a custodian, guardian, or other person acting in the parent's stead.

INTERSTATE COMPACT (ICPC)-- Interstate Compact on the Placement of Children is a uniform law enacted by all states, Washington D.C., and the U.S. Virgin Islands. It establishes orderly procedures for the placement of children across state lines for foster care or adoption and fixes responsibilities for those involved in placing the child. See

JUDGE IN THE FIRST INSTANCE -- Term used in some courts to refer to a juvenile court judge other than an associate judge. A judge pro-tem is considered a judge in the first instance.

LEGAL FATHER - Unless otherwise indicated by a court, a man whose wife had a child during the marriage or within 9 months after dissolution of the marriage; or a putative father who has acknowledged paternity and legitimated the child; or a biological father who later marries the mother and acknowledges paternity; and has not surrendered or had his parental rights to the child terminated.

LEGITIMATION -- The legal process by which a child born out of wedlock is "put on equal footing" with a child born within a legal marriage. Establishes a legally recognized parent-child relationship between a father and child. If pending deprivation action, may be filed in Juvenile Court.

LEVEL OF CARE (LOC) -- DFACS & DJJ system of assessing the placement needs of a child and determining with providers the costs for these placement services. The system establishes six levels of care required by children in out of home placement and the corresponding rates of payment for these placements. This system is scheduled to be abolished effective July 1, 2007. Services previously obtained through LOC will be available through Medicaid and Department of Human Resources Division of Mental Health, Developmental Disabilities and Addictive Disorders. Contact 1-800-715-4225 for additional assistance.

LONG TERM FOSTER CARE -- Extended residential care provided to a juvenile who has been adjudicated deprived. This term has been replaced with the term Another Planned Permanent Living Arrangement.

MAPP (Model Approach to Partnerships in Parenting) -- DFCS training program for foster parents, now called IMPACT training.

MATCH (Multi-Agency Team for Children) -- Representatives from different agencies who meet to identify placement options for multi-needs children; often heard of as "MATCH funding" because funds are available for placing special needs/ multi-needs children in residential treatment facilities, special group homes, etc.. This system is scheduled to be abolished effective July 1, 2007. Services previously obtained through LOC will be available through Medicaid and Department of Human Resources Division of Mental Health, Developmental Disabilities and Addictive Disorders. Contact 1-800-715-4225 for additional assistance.

MEDICAID -- Health insurance for low-income children, their parents or other caretaker relatives, or pregnant women.

NEGLECT -- Failure of a custodian to adequately provide for the physical, emotional or spiritual needs of a child either by acts of commission or omission.

NONREUNIFICATION PLAN -- Case plan developed by DFCS with input from the parents and the citizen review panel which states that reunification of the family is not in the best interest of the child, which alleviates DFCS from being responsible for providing reunification services, and which provides for a permanent plan for the child other than placement in the birth family.

NUNC PRO TUNC ORDER -- Latin term -- "now for then"; an order used by the courts to protect the record. It supplements a prior judgment or order in any matter over which the court originally had jurisdiction.

PARENTING ASSESSMENT - Battery of psychological tests which evaluates a parent's current parenting skills, any deficits in parenting skills and the parent's potential or ability to correct the parenting deficits.

PARENS PATRIAE -- Latin term -- "the father of his country"; from English law, the legal doctrine under which the Crown assumed the protection of certain minors, orphans and other persons in need of protection. Phrase used to express the historical benevolent and rehabilitative philosophy of the juvenile court.

"PER DIEM" -- The amount of money paid to foster parent to care for children in their home. See Foster Care Per Diem.

PERIODIC REVIEWS -- Mandated judicial reviews of children in foster care. Reviews of children in foster care must take place at least every six months and may be conducted by citizen review panel. Every party has the right to have periodic reviews conducted by a judge. Reviews of children who are available for adoption must be conducted by a Judge every 6 months least annually. Reviews of children in relative placements must be reviewed by the Court every 36 months.

PERMANENCY PLANNING HEARING -- Special type of post-dispositional proceeding designed to reach a decision concerning the permanent placement of a child; the time of the hearing symbolically represents a deadline by which a permanent placement for the child will be established. A permanency hearing; is required every 12 months the child is in foster care.

PERMANENT PLAN -- The final placement goal for a child who has been removed from the home due to abuse or neglect. Every child who enters foster care should have a permanent plan which states where the child will ultimately reside (i.e. reunification with family, long-term foster care, adoption).

PETITION -- A civil pleading filed to initiate a matter in juvenile court; the petition sets forth the grounds for the court to take jurisdiction and the reasons the court should intervene.

PUP FUNDS -- "Prevention of Unnecessary Placement" -- discretionary funds available for DFCS to use to assist families at risk of having children placed in foster care; funds are used to remedy the situation which may result in removal of children; i.e. if a family's utilities are cut off, PUP funds can be used to pay bills and have the utilities reinstated.

PUTATIVE FATHER -- Person alleged to have fathered a child whose parentage is at issue.

RELATIVE CARE ASSESSMENT (RCA) -- referral for a RCA may be made at any time during the child's stay in foster care; generally relative options should be identified at the FTM; RCA should be completed within 30 days of referral for the RCA to the provider; includes home evaluation / safety check, CPS history check, criminal background check, DFACS policy overview & benefits for relative caregivers. Placements with relatives may be expedited & immediate pending a full RCA if there is no CPS history, satisfactory home safety check & a local criminal background check on all household members over 18 years.

RELATIVE FOSTER CARE -- Residential care provided by a relative to a child who is the subject of deprivation proceedings. Relative caregiver for a child may or may not be qualified as foster parents; there are several different levels of subsidy paid to relative caregivers. See Chapter 9 for further descriptions. The financial assistance for the relative caregiver for child who remains in the custody of DFACS and placed with a relative caregiver is: subsidized as a foster parent at 100% of the foster care per diem, their home meets all foster care requirements; subsidized under the "Enhanced Relative Rate" (ERR) because their home is otherwise suitable but does not qualify as a foster home; the rate is 80% of the foster care per diem for the child's age if the enhanced rate or $10.00 per diem for regular RCS; receives TANF benefits & Medicaid; household may be eligible for food stamps, but no subsidy.

RELATIVE CARE SUBSIDY (RCS) -- a per child, monthly supplement paid by DFACS to a "fit and willing relative" who has received custody of the child following a Nonreunification Order and a Petition to Modify. The goal of RCS is to move older foster children from foster homes to relatives who can care for these children with some financial assistance. Maybe either regular rate of $10.00 per diem or 80% of the foster care per diem for the child's age.

RESONABLE EFFORTS -- Term used to describe the legal (federal and state) requirement placed on DFCS, the court and other providers to provide services to alleviate conditions which may result in removal of the child from the home and to provide services to reunite the family after removal has occurred. As a result of the Senate Study Committee on Foster Care and Adoption, Georgia is in the process of developing a legal definition of the term "reasonable efforts", and some guidelines regarding what services and actions are considered "reasonable".

RULE NISI -- Procedure by which a party is commanded to show cause why a proposed rule or temporary order should not become a final order of the court, or why a party should not be compelled to comply with a court order.

RYDC -- Regional Youth Detention Center; DJJ facility for housing juveniles who are adjudicated delinquent; many 90-day programs are located within RYDCs.

SAAG -- Special Assistant Attorney General -- Attorney representing DFCS in deprivation proceedings.

SAFEKEEPING -- Term used in some counties to describe process by which a child is placed into protective custody by the court in the course of another proceeding (similar to an emergency shelter care order but the court may do this sua sponte); i.e. when a parent has agreed to a relative having guardianship over a child and then seeks to revoke the guardianship, if the court believes the child will be in danger with the parent, the court may temporarily place the child in DFCS custody "for safekeeping" until further investigation can be conducted.

SENATE BILL 236 (SB 236) -- Foster Parent Bill of Rights

SENATE BILL 440 (SB440) -- Legislation effective May 1, 1994 which gives the superior court exclusive jurisdiction over juveniles aged 13-17 who are alleged to have committed murder, voluntary manslaughter, rape, aggravated sodomy, aggravated child molestation, aggravated sexual battery, or armed robbery if committed with a firearm. A juvenile charged in superior court may be transferred back to juvenile court at the discretion of the prosecutor before indictment or by the judge after indictment for extraordinary cause if the offense is not punishable by loss of life or life imprisonment. SB440 also provided judges authority to directly sentence a juvenile to 90 days in a detention facility.

SENATE BILL 611 (SB611) -- Legislation effective July 1, 1996 which affected O.C.G.A. Sec. 15-11-58 regarding the disposition of deprived children. SB611 reduced the duration of an initial custody order to DFCS from 18 months to 12 months and allows nonreunification plans to be submitted to the court instead of reunification plans when DFCS believes that reuniting the parent and child is not in the best interest of the child and the parental behavior meets certain specific statutory requirements.

SHELTER CARE -- Temporary placement for a child who is the subject of deprivation proceedings, which is:

A licensed foster home or home approved by the court which may be a public or private home or the home of the noncustodial parent or a relative; or

A facility operated by a licensed child welfare agency.

SSI (Supplemental Security Income) -- Monetary eligibility benefits provided to children and parents who are disabled but have not worked enough to receive social security disability; eligibility determination is made regarding disability; 1997 legislation changed definitions of disabilities so many children who previously received SSI benefits will no longer be eligible.

STATUS OFFENDER -- A juvenile who is charged with or adjudicated of an offense which would not be a crime if it were committed by an adult, in other words, an act which is only an offense because of the perpetrator's status as a juvenile. Such offenses shall include, but are not limited to, truancy, running away from home, incorrigibility, and unruly behavior.

TANF (Temporary Assistance for Needy Families) -- The Georgia State Plan to implement changes in public assistance (welfare) mandated by the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-193) signed into law on August 22, 1996. P.L. 104-193 converted Aid to Families with Dependent Children (AFDC), the federal cash assistance program to low-income families, into block grant funds to be administered by the states. TANF provisions include a lifetime limit (in Georgia this limit is 4 years) or receipt of assistance, stringent work requirements, and strict eligibility guidelines. Juvenile court professionals must be aware of the changes in public benefits arising from TANF because resources traditionally accessed in juvenile court proceedings may no longer be available, and will certainly be limited. Additionally, there is a possibility that parents or caretakers may be referred to a Neglect Prevention Unit to assess potential risks to children from a failure to achieve self-sufficiency within mandated time limits.

TPR (Termination of Parental Rights) -- Legal proceeding resulting in the permanent severance of the parent-child relationship.

TRUANCY INTERVENTION PROJECT (TIP) -- Delinquency prevention program provided in some juvenile courts to prevent juveniles adjudicated unruly on the basis of truancy from progressing to delinquency offenses. Juveniles in TIP are paired with volunteer attorneys who represent the juvenile and act as a mentor for the juvenile.

UNRULY CHILD -- A child who:

While subject to compulsory school attendance is habitually and without justification truant; Is habitually disobedient of the reasonable and lawful commands of his parent, guardian, or other custodian and is ungovernable; Has committed an offense applicable only to a child; Without just cause and without the consent of his parent or legal custodian deserts his home or place of abode; Wanders or loiters about the streets of any city, or in or about any highway or any public place, between the hours of 12:00 Midnight and 5:00 A.M.; Disobeys the terms of supervision contained in a court order which has been directed to such child, who has been adjudicated unruly; or Patronizes any bar where alcoholic beverages are being sold, unaccompanied by such child's parents, guardian, or custodian, or possesses alcoholic beverages; and In any of the foregoing, is in need of supervision, treatment, or rehabilitation; or Has committed a delinquent act and is in need of supervision, but not of treatment or rehabilitation.

WRAPAROUND SERVICES -- time limited services to a family by a provider under contract with DFACS which are designed to prevent removal of the child or to assist the family unit in the transition of the child back into the home after a stay in foster care. Includes family / individual counseling, conflict resolution and assistance to the family in locating community resources. l

WIC - Special Supplemental Food Program for Women, Infants, and Children -- Federal program that provides food supplements and health care to pregnant women, breastfeeding mothers, infants, and young children. WIC participants must have incomes at or below 185% of the poverty level and must be nutritionally at risk.

YDC (Youth Development Campus) -- DCYS facility for housing juveniles who are adjudicated delinquent.

Back to Child Attorney Trial Notebook Index Page

"Protecting children and promoting their well-being through excellence in courtroom advocacy."
GACC is an affiliate of the National Association of Counsel for Children	GACC Jane Okrasinski Executive Director Email: jane@gaccchildlaw.org