DJJ-DFCS Cooperative Agreement

Duration

• The agreement will last from 4-28-06 until 4-28-07.

• The parties may renew the agreement for additional terms of a year, and changes can be made to the agreement on review for renewal.

• The agreement may be terminated by either party upon 30 day written notice to the other party in writing.

Definitions

Child in DFCS custody: a child who has been placed in the custody of DFCS by an order of the juvenile court pursuant to the Juvenile Court Code or by voluntary agreement.

Child under commitment to DJJ: a child who has been placed under the control and supervision of DJJ for purposes of treatment and rehabilitation by an order of the juvenile court.

Child: Person under the age of 18 years of age or under commitment to DJJ or in custody of DHR/DFCS.

Joint Custody/ Commitment: occurs when a child s in the custody of DFCS and is committed to DJJ.

Independent Court: A juvenile court staffed with county funded probation and intake officers rather than DJJ staff.

Dependant Court: A juvenile court staffed completely or in part by DJJ probation and intake staff.

Detention Assessment Instrument: a screening instrument used by DJJ and juvenile court staff to assist in detention decisions following the arrest of juveniles. The use of this instrument is mandated in DJJ policy.

Purpose

A Framework to promote increased cooperation, coordination, and integration at the administrative and service delivery levels for the benefit of children and families within the purview of DJJ and DHR's Division of Family and Children Services. It seeks to enhance the quality of services for troubled children in Georgia through improved coordination of resources between DJJ and DFCS.

Parties

Both DJJ and DFCS agree to operate under the principle that commitment of a youth to DJJ or placement or custody to DFCS does not relieve either party of ongoing responsibilities for a youth.

Areas of Agreement

• DFCS will provide appropriate services, in accordance with DFCS policy and procedures, to all children and their families when they are involved in the juvenile court system as a result of delinquent or unruly behavior.

• DJJ agrees to provide equivalent services to DFCS youth involved in the juvenile court system equal to services rendered to other DJJ clients.

• Before either DFCS or DJJ directly or indirectly initiates or anticipates legal action through the courts which impacts the other agency, prior notice must be given to the agency and a joint staffing must be held.

• Before prior notice is given and a joint staffing has occurred DJJ and its employees will not suggest to a juvenile court or court employee or to participants in juvenile court proceedings that a youth should be placed in DFCS custody.

• Before prior notice is given and a joint staffing has occurred DFCS and its employees will not suggest to a juvenile court or court employee or to participants in juvenile court proceedings that a youth should be placed in DJJ custody.

• For the purpose of placement planning for children who are in DFCS custody and also committed to DJJ, the Departments shall share with each other all information concerning individual children subject to applicable federal and state laws.

• Procedures

• Upon a child's arrest, a designated intake officer provided by DJJ or an Independent Juvenile Court receives the Juvenile Complaint Form and establishes jurisdiction of the court.

• The designated intake officer will determine the detention or release of the child. The DAI will be used as a guideline in making all intake and detention decisions.

• If the child is not in custody of DFCS and is to be released, the intake officer should immediately contact the parent or legal guardian. In the event that the parent or legal guardian refuses to receive the child, a Child Protective Services complaint will be made with DFCS immediately. Through investigation, DFCS will determine if substantiated neglect/abuse exists, in accordance with DFCS time policy. After exhausting all efforts to find a parent within a reasonable timeframe (not to exceed 8 hours the intake officer will make a CPS complaint to DFCS. All such attempts to locate the parent or guardian will be documented and such documentation shall be provided to DFCS if a referral to DFCS is necessary.

• The designated intake officer will make a report to the local DFCS county department Child Protective Services Intake Unit between the hours of 8am and 5pm -- Monday through Friday.

• Following a referral from the intake officer, DFCS will investigate to determine whether abuse or neglect has occurred. If deprivation is present DFCS will request that a SAAG seek an order for custody of the child pending the 72-hour deprivation detention hearing. In these cases DFCS will assure that the child is removed from detention within 8 hours after the youth is placed in DFCS custody unless the child is deemed appropriate for secure detention by the DJJ assessment process.

• If the child is in DFCS custody, the designated intake officer will notify the county DFCS office which has custody of the child by telephone immediately, and file a detailed report as soon as possible (no later than 24 hours after youth is detained). The designated intake officer will document the date and time of notification and to whom they spoke at DFCS. DFCS shall respond to this referral within a reasonable time frame as specified in the local MOU.

• DJJ will provide case expeditors to monitor the use of secure detention and facilitate the placement of appropriate youth in non-secure detention alternatives, DFCS case workers will work in concert with DJJ case workers on all joint custody/commitment cases.

• When children score in the low range (2-7) on the DAI, youth are not normally deemed appropriate for detention. In these situations DFCS will assume prime responsibility for placement coordination, ensuring that the child is removed from secure detention within 8 hours. DFCS will also present the child for the delinquency probable cause hearing and any additional court hearings and staffings.

• In the cases involving joint custody youth who score in the medium range and high range (8+), on the DAI, DJJ will assume primary responsibilities for placement coordination and will present the child for the delinquency probable cause hearing and any additional court hearings and staffings.

Case Management and Coordination

• If the child is committed to DJJ, or is leaving a residential placement or a facility operated by DJJ and is not in DFCS custody:

• DJJ will take primary responsibility for arranging the return of the youth to his family after DJJ placement has ended.

• If parent or guardian cannot be found/refuses to accept a CPS complaint will be filed.

• DJJ must notify DFCS in the parents/guardians count of resident if it has not been able to arrange discharge to the child's family within 60 days of the projected discharge date. All pertinent case information must be shared with DFCS at the time DJJ makes its CPS report. In addition, a report concerning the efforts DJJ has made to find such a placement for the youth will be provided no later than 20 days before the child is to be released.

• At the expiration of the initial two-year commitment order to DJJ, if a child needs prohibit him from entering into the community, DJJ will continue rehabilitation and treatment pursuant to O.C.G.A. § 15-11-70.

• If the child is a joint custody case:

• DJJ will assume responsibility for providing a secure or non-secure residential placement until the child is determined appropriate for release. DJJ will be responsible for providing a discharge plan to be effective upon release. DFCS will assume primary support for the child upon release with DJJ support and assistance.

• Within 10 days of commitment to DJJ, the DJJ assessment and classification specialist shall convene a Screening Committee for the purpose of recommending placement. In joint custody cases the DJJ will provide DFCS county director written notice (fax or email) to include the date, time, and location of the screening committee meeting.

• DFCS and DJJ case managers shall visit the children residential placements, and make joint visits whenever possible and will provide each other written notice of their visits.

• DFCS will retain custody of the youth and will not petition the court for a release from custody. This provision does not obligate DFCS to file a petition or motion to extend custody.

• Where the youth is placed in a residential treatment program and committed to DJJ and in the custody of DFCS, both parties will assume 50% of the costs.

• Both Parties agree to provide a minimum of 90 days notice of expiration of custody/commitment or discharge for clinical outcome achievement.

• If a joint custody commitment, and the child is pregnant and gives birth while committed to DJJ, and in a DJJ placement.

• DJJ must work with minor mother for alternative placement for baby

• Minor mother must be involved in the team decision-making process for placement.

• If the minor mother refuses available placement, or there is no available placement, DJJ will contact DFCS to file a CPS report.

• If possible, DFCS will try to keep minor mother and baby together in same placement.

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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