Family Preservation in Georgia

1
Family Preservation in Georgia

• A Legal and Judicial Guide to Preventing
  Unnecessary Removal to State Custody

2
Family Preservation in Georgia

• Financial support from the Georgia Bar Foundation
• Resources and contributions of the project
  partners
• Barton Child Law Policy ClinicEmory University
• Atlanta Volunteer Lawyers Foundation
• Supreme Court of Georgias Committee on Justice
  for Children

3
Who Should Read This Guide?

• New Legal Practitioners
• Experienced Child Welfare Legal
  ProfessionalsJudges and Lawyers
• DFCS?

To obtain copies...
The Guide can be downloaded from the Barton
Clinic Website www.Childwelfare.net
4
Our Approach

• What is the role of the lawyers and judges when
  DFCS is the one that makes the decision whether
  to remove?
• How do judges decide whether a removal is
  necessary?
• How can lawyers best represent clients who face
  the removal of a child?
• When is a removal not a removal?

The limited scope of this Guide
Prevention of abuse and reunification of children
with their parents are equally important
components of family preservation
5
The Forces Involved in the Removal Decision

• Parents and Childrens Rights
• The right to the custody and control of ones
  child is a fiercely guarded right in our society
  and in our law. It is a right that should be
  infringed upon only under the most compelling
  circumstances. In re M.S., 178 Ga. App. 380
• All children have the right to a healthy and
  safe childhood in a nurturing, permanent family,
  or in the closest substitute to a family
  setting. NCJFCJ Key Principles

6
The Forces Involved in the Removal Decision

• Child Safety
• 2007 in Georgia32,641 substantiated reports of
  maltreatment
• 27,728 victims of neglect
• 3,097 victims of physical abuse
• 1,201 victims of sexual abuse
• 615 victims of other abuse
• The affect of adverse childhood experiences on
  child development

7
DFCS Decision Whether to Remove a Child From the
Home

• Intake
• Screen out or refer for investigation?
• DFCS policy calls for erring on the side of
  caution in accepting case for investigation
• Response time
• Diversion

8
DFCS Investigation of Maltreatment

• Safety Assessment
• Immediate danger of physical harm
• What resources exist that would allow the child
  to remain safely in the home?
• What protective interventions are necessary?
• Risk Assessment
• Risk of future maltreatment
• Identify families who may benefit from services

How do case managers conduct assessments?
The Risk Assessment is attached as Appendix A The
Safety Assessment is attached as Appendix B
9
DFCS Investigation of Maltreatment

• Supervisory Review
• Has the case manager accurately assessed child
  safety and risk factors?
• Removal should be the last option to maintain the
  childs safety

10
When Does DFCS Make the Decision to Remove?

• At intake in particularly dangerous cases
• During investigation based on information that
  indicates danger
• During an on-going case, after reasonable
  efforts to address the risk fail

Remember, however . . .
DFCS cannot remove a child from the home without
court authority.
11
Removing a Child From the Home

• In your county
• Who makes the decision to request the courts
  authorization to remove a child to DFCS custody?
• Does DFCS seek legal advice from the SAAG before
  requesting court authorization to remove?
• Does DFCS ask assistance from law enforcement
  when removing children from the home?
• How frequently does law enforcement take
  protective custody of a child?

12
Reasonable Efforts to Preserve the Family and
Prevent Removal?

• What is reasonable?
• Is this a legal determination?
• How can lawyers and judges determine
  reasonability of social work?
• Efforts must address the needs of the family
• No laundry list of efforts

13
DFCS Child Family Service Planthe CFSP

• Georgias 2005-2009 CFSP, along with the Annual
  Progress and Services Reports (APSR), describe
  the services DFCS provides to protect children
  and preserve families in Georgia.
• The federal government monitors Georgias
  compliance with the CFSP through a process known
  as the Child and Family Services Review (CFSR).

Where can I find Georgias CFSP, APSR, and CFSR?
Georgias CFSR/Program Improvement Plan
Websitewww.gacfsrpip.org
14
DFCS Child Family Service Planthe CFSP

• In response to CFSR findings that Georgia was not
  in substantial conformity with its CFSP, Georgia
  has developed program improvement plans (PIP).

Where can I find Georgias PIP?
Georgias CFSR/Program Improvement Plan
Websitewww.gacfsrpip.org
15
DFCS Policy

• The agencys statement of policy is the first
  step
• Is it ever reasonable for DFCS not to follow its
  own policy?

Where can I find DFCS policy?
DFCS Policy Manualhttp//www.odis.dhr.state.ga.us
Barton Clinic index and links to DFCS
policy http//childwelfare.net/DHR/policies/cpind
ex.html
16
Understanding Services

• Basic Services
• TANFTemporary Assistance to Needy Families
• Food Stamps
• Childcare and Parent ServicesCAPS
• PUP
• Housing, medical services, treatment services,
  transportation

17
Understanding Services

• Family Support Services
• Prevention and early intervention services
• Children 1st
• Babies Cant Wait
• Parent education classes
• Connecting families to community resources
• School outreach and life-skills training
• Treatment and recovery support

18
Understanding Services

• Family Preservation Services
• Intensive services
• Families in crisis
• Families at risk for child removal
• Family based?

19
Delivery of FPS

• Ongoing CPSFamily Preservation
• Case Management
• Direct services
• Services from outside providers
• Good social work judgment
• Care, logic, common sense, and reasonableness
• Did DFCS offer and provide the services most
  likely to remedy a particular familys needs?

20
Safety Planning

• During investigation or ongoing case
• Identifies each safety concern
• Outlines steps to ensure safety

21
The Safety Plan

• Use of family resources, neighbors or individuals
  as safety resources
• Use of community agencies or services as safety
  resources
• Having the alleged perpetrator leave the home
• Having the non-maltreating caregiver move to a
  safe environment with the child

22
The Out of Home Safety Plan

• Having the caregiver place the child outside the
  homeis this a removal?
• The familys right to make its own decisions to
  avoid foster care
• The familys decision in the face of DFCS
  pressure
• A safety plan using out of home placement should
  never be a permanent placement or be a substitute
  for court action

23
Family Team Meetings

• FTM as a tool for engaging families in the change
  process
• Who comes to the FTM?
• How frequently is DFCS holding FTMs?
• The Family Plan

24
Court Impact

• How can the Juvenile Court help to prevent
  unnecessary removal?
• DFCS cannot remove without court
  authorizationthe judicial branch provides the
  check on the executive branch
• How can the Juvenile Court contribute to family
  preservation?

25
Court Culture

• Urgency rather than delay
• Shared responsibility rather than mistrust and
  blame
• Best practices
• High expectations for preserving safety within
  the home

26
Knowledge and Use of Removal Data

• A court does not make removal decisions to
  maintain or attain good numbers
• What do the numbers mean to you?

To find your numbers...
Fostering Court Improvement http//fosteringco
urtimprovement.org
27
Stakeholder Collaboration

• Community Resources
• Training
• Information Sharing
• Maximizing Federal Funding
• Protocols for Reasonable Efforts

28
Contrary to the Welfare

• The judges decision authorizing removal and
  continued detention
• At authorization
• At 72 hours
• Can the law standardize the analysis?

The law...
O.C.G.A. Section 15-11-57 (a)
29
Juvenile Court Authorization

• The judge or an intake officer?
• Training of the intake officer
• Questions to ask

Questions to ask. . .
See appendix C
30
Reasonable Efforts

• Knowledge of what resources should be available
• Knowledge of what resources are, in fact,
  available
• Making the finding