3.16 Special Circumstance: Intakes Involving Child in Need of Services (No Maltreatment)

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(3) Intake

Policy Title:

Special Circumstance: Intakes Involving Child in Need of Services (No Maltreatment)

Policy Number:

3.16

Previous Policy Number(s):

3.11

Effective Date:

December 2021

Manual Transmittal:

2021-06

Codes/References

O.C.G.A. § 15-11-2 Definitions
O.C.G.A. § 15-11-380 Purpose of Article
O.C.G.A. § 15-11-381 Definitions
O.C.G.A. § 15-11-390 Filing of Complaint
O.C.G.A. § 15-11-420 Authority to File Petition
O.C.G.A. § 15-11-422 Content of Petitions
O.C.G.A. § 15-11-423 Issuance of Summons
O.C.G.A. § 15-11-450 Comprehensive Services Plan for Child Found Unrestorably Incompetent to Proceed; Plan Manager

Requirements

The Division of Family and Children Services (DFCS) shall:

  1. Receive intake reports from juvenile court involving a child in need of services (CHINS) when the following criteria is met:

    1. A complaint or petition has been filed with the court concerning a CHINS, where services are to be provided by DFCS; and

    2. The information assessed does not include allegations of child abuse.

  2. Gather from the reporter the circumstances surrounding the CHINS complaint or petition.

  3. Screen-in Intake Assessments that meet the criteria for a Special Circumstance Child in Need of Services (No Maltreatment).

    When there is an open child welfare case involving the family, do not initiate a Special Circumstance Child in Need of Services (No Maltreatment) in Georgia SHINES. Notify the current Social Services Case Manager (SSCM) and Social Services Supervisor (SSS) of the CHINS Intake Report to assess the needed DFCS intervention.

  4. Screen-out Intake Assessments when the information gathered does not meet the criteria for Special Circumstance Child in Need of Services (No Maltreatment).

    Intake Assessments that do not meet the criteria for a Special Circumstance Child in Need of Services (No Maltreatment) shall be processed and assessed in accordance with policies 3.1 Intake: Receiving Intake Reports and 3.2 Intake: Making an Intake Decision.

  5. Notify the County Department of any assigned Special Circumstance Child in Need of Services (No Maltreatment).

Procedures

Centralized Intake Specialist

  1. Gather and document information from the reporter regarding the CHINS request:

    1. The name, address, date of birth, demographics, and current location of all CHINS.

    2. The name, address, date of birth, demographics, and current location, all parents and legal guardians, regardless of where the child(ren) reside.

    3. If the child and/or parents have or is believed to have, American Indian heritage (see policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency).

    4. A description of the circumstances that resulted in the CHINS complaint or petition.

    5. The individual’s name who filed the complaint or petition and their relation to the child.

    6. Any court hearings held, including dates, types of hearings and their outcomes.

    7. Efforts made by the parent, guardian, or legal custodian to address the issues, including any participation in services for their child.

    8. Services provided to the family including their response and outcomes.

    9. Any medical or mental health diagnosis for the child.

    10. The child’s educational needs when the CHINS is based on a complaint filed by a school official:

      1. Efforts made by the school system to resolve educational issues including truancy.

      2. The child’s eligibility or suspected eligibility for services under the federal Individuals with Disabilities Education Act (IDEA) or Section 504 of the federal Rehabilitation Act of 1973. If eligible or suspected to be eligible, has the child’s individualized education plan (IEP) and placement been reviewed for appropriateness and modifications made, where applicable?

      The school is required to show the above efforts in order for the petition to not be dismissed. If efforts are not evident, advise the reporter the intake report may not be accepted and gather information regarding the court’s reason(s) for accepting the CHINS.

    11. The child’s current involvement, including any current charges, and history with the Department of Juvenile Justice (DJJ):

      1. Outcomes and recommendations of any detention assessments completed.

      2. Whether the child has been ruled unrestorably incompetent and, if so, if a comprehensive plan been developed and a plan manager assigned.

    12. Inform the reporter of the next steps in the intake process.

  2. Conduct safety screenings in accordance with policy 19.9 Case Management: Safety Screenings.

  3. Thoroughly evaluate the information gathered:

    1. Determine if the Intake Assessment meets the criteria for a Special Circumstance Child in Need of Services (No Maltreatment).

    2. Analyze DFCS history in accordance with policy 19.10 Case Management: Analyzing DFCS History.

    3. Evaluate for indicators of child maltreatment and safety concerns.

    Intake Assessments assessed to indicate child abuse shall not be processed as Special Circumstance Child in Need of Services (No Maltreatment) and shall be assessed in accordance with policy 3.1 Intake: Receiving Intake Reports.

  4. Input the Intake Assessment in Georgia SHINES:

    1. Classify the intake report as a Special Circumstance Child in Need of Services (No Maltreatment).

    2. Upload the CHINS complaint or petition into External Documentation.

    3. Document the justification to support case assignment recommendation.

  5. Recommend the Intake Assessment is:

    1. Screened-in when the information gathered meets the criteria for a Special Circumstance Child in Need of Services (No Maltreatment).

    2. Screened-out when the information gathered does not meet the criteria for a Special Circumstance Child in Need of Services (No Maltreatment).

      Intake Assessments that do not meet the criteria for a Special Circumstance Child in Need of Services (No Maltreatment) must be processed and assessed in accordance with policies 3.1 Intake: Receiving Intake Reports and 3.2 Intake: Making an Intake Decision.

  6. Participate in a supervisory staffing to discuss the intake disposition. Be prepared to discuss how the information gathered meets or does not meet the criteria for a Special Circumstance Child in Need of Services (No Maltreatment).

  7. Notify the County Department’s CPS Intake Communication Center (CICC) Point of Contact (POC) of any assigned Special Circumstance Child in Need of Services (No Maltreatment).

  8. Submit the Intake Assessment to the Centralized Intake Specialist Supervisor for approval.

Centralized Intake Specialist Supervisor

  1. Thoroughly evaluate information gathered and review the Intake Assessment in Georgia SHINES.

    1. Determine if the circumstances meet the criteria for Special Circumstance Child in Need of Services (No Maltreatment).

    2. Verify the Intake Assessment is classified as a Special Circumstance Child in Need of Services (No Maltreatment).

    3. Confirm a copy of the CHINS complaint or petition is uploaded to External Documentation.

    4. Document a justification to support the case assignment decision.

  2. Staff the Intake Assessment with the Centralized Intake Specialist in accordance with policy 19.6 Case Management: Supervisor Staffing.

  3. Screen-in the Intake Assessment when the information gathered meets the criteria for a Special Circumstance Child in Need of Services (No Maltreatment).

    1. Stage progress the Intake Assessment to a Special Circumstance.

    2. Assign the Special Circumstance to the County Department’s CICC POC.

  4. Screen-out the Intake Assessment when the information gathered does not meet the criteria for a Special Circumstance Child in Need of Services (No Maltreatment).

    Intake Assessments that do not meet the criteria for a Special Circumstance Child in Need of Services (No Maltreatment) must be assessed in accordance with policy 3.2 Intake: Making an Intake Decision for screen-out eligibility.

Practice Guidance

The CHINS law in Georgia was created in acknowledgement that certain behaviors or conditions occur within a family or school environment that indicate a child is experiencing serious difficulties. The goals of the law are to:

  1. Intervene with services and corrective actions to protect the child from making choices that can have a negative impact on his/her future and protect the integrity of the child’s family.

  2. Make family members aware of their contributions to their family’s problems and to encourage them to accept the responsibility and participate in any program of care ordered by the court.

  3. Provide a child with a program of treatment, care, guidance, counseling, structure, supervision, and rehabilitation to assist in becoming a responsible and productive member of society.

  4. Ensure the cooperation and coordination of all agencies having responsibility to supply services to any member of a family referred to the court.

A complaint alleging a child is a child in need of services may be made by any person, including a law enforcement officer, who has knowledge of the facts alleged and believes them to be true. A prosecuting attorney may file a complaint alleging a child is in need of services or intervene in such a manner to present the interest of the state as a parens patriae.

The court will summons the child, their parent/legal custodian, DFCS and any other public service agency or institution requiring them to appear before the court to answer the allegations of the CHINS petition. A copy of the petition shall accompany the summons.

Children in Need of Services (CHINS) is:

  1. A child adjudicated to be in need of care, guidance, counseling, structure, supervision, treatment, or rehabilitation and who is adjudicated to be:

    1. Subject to compulsory school attendance and who is habitually and, without good and sufficient cause, truant (having ten or more days of unexcused absences in the current academic year) from school.

    2. Habitually disobedient of the reasonable and lawful commands of his or her parent, guardian or legal custodian and is ungovernable or places himself or herself or others in unsafe circumstances.

    3. A runaway defined as a child who without just cause and without the consent of his or her parent, guardian, or legal custodian is absent from his or her home or place of abode for at least 24 hours.

    4. A child who has committed a status offense applicable only to a child.

      A status offense means an act prohibited by law, which would not be an offense if committed by an adult.

    5. A child who 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.

    6. A child who disobeys the terms of supervision contained in a court order which has been directed to such child who has been adjudicated a child in need of services; or

    7. A child who patronizes any bar where alcoholic beverages are being sold unaccompanied by his or her parent, guardian or legal custodian or who possesses alcoholic beverages.

  2. A child who has committed a delinquent act and is adjudicated to be in need of supervision but not in need of treatment or rehabilitation.

CHINS Involving Schools

If a petition seeking an adjudication that a child is a child in need of services is based on a complaint filed by a school official, such petition shall be dismissed unless it includes information which shows that:

  1. The legally liable school district has sought to resolve the expressed problem through available educational approaches; and

  2. The school district has sought to engage such child’s parent, guardian, or legal custodian in solving the problem, but any such individual has been unwilling or unable to do so; that the problem remains; and that court intervention is needed.

If a petition seeking an adjudication that a child is a child in need of services is based on a complaint filed by a school official involving a child who is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, such petition shall be dismissed unless it includes information which demonstrates that the legally liable school district:

  1. Has determined that such child is eligible or suspected to be eligible under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973; and

  2. Has reviewed for appropriateness such child’s current Individualized Education Program (IEP) and placement and has made modifications where appropriate.

Forms and Tools

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