3.20 Special Circumstance Intakes Involving Voluntary Surrender of Parental Rights

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(3) Intake

Policy Title:

Special Circumstance Intakes Involving Voluntary Surrender of Parental Rights

Policy Number:

3.20

Previous Policy Number(s):

3.12

Effective Date:

December 2021

Manual Transmittal:

2021-06

Codes/References

O.C.G.A. § 19-8-4 Adoption Through the Department, Child-Placing Agency, or Out-of-state Licensed Agency

Requirements

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

  1. Receive intake reports involving requests from a parent (biological or legal) to voluntarily surrender their parental rights, when the following criteria is met:

    1. A biological and/or legal parent has expressed their willingness to execute a voluntary surrender of parental rights to a child; and

    2. The information is assessed to not include allegations of child abuse.

    A new intake report is not required when the biological and/or legal parent has an active child welfare case, a voluntary surrender of parental rights may be executed in an active case.

  2. Gather the information surrounding the voluntary surrender of parental rights from the reporter.

  3. Screen-in Intake Assessments that meet the criteria for a Special Circumstance Voluntary Surrender of Parental Rights.

  4. Screen-out Intake Assessments when the information gathered does not meet the criteria for a Special Circumstance Voluntary Surrender of Parental Rights.

    Intake Assessments that do not meet the criteria for a Special Circumstance Voluntary Surrender of Parental Rights must 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 Investigation within two hours of receipt of the Intake Report.

Procedures

Centralized Intake Specialist

  1. Gather and document information from the reporter regarding the voluntary surrender of parental rights request.

    1. Obtain the name, address, date of birth, demographics, and current location of all children for whom the parent(s) wishes to voluntarily relinquish their parental rights.

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

    3. If the child and/or parent 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. Confirm the parent, guardian, or legal custodian’s willingness to execute a voluntary surrender parental rights to allow adoption for the child.

    5. 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 all information gathered:

    1. Determine if the Intake Assessment meets the criteria for a Special Circumstance Voluntary Surrender of Parental Rights.

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

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

  4. Input the Intake Assessment into Georgia SHINES.

    1. Classify as a Special Circumstance Voluntary Surrender.

    2. Document the justification to support the case assignment recommendation.

  5. Recommend the Intake Assessment is:

    1. Screened-in when the information gathered meets the criteria for a Special Circumstance Voluntary Surrender of Parental Rights.

    2. Screened-out when the information gathered does not meet the criteria for a Special Circumstance Voluntary Surrender of Parental Rights.

      Intake Assessments that do not meet the criteria for a Special Circumstance Voluntary Surrender of Parental Rights 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 Voluntary Surrender of Parental Rights.

  7. Notify the County Department’s CPS Intake Communication Center (CICC) Point of Contact (POC) of any assigned Special Circumstance Voluntary Surrender of Parental Rights.

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

Centralized Intake Specialist Supervisor

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

    1. Determine if the circumstances meet the criteria for a Special Circumstance Voluntary Surrender of Parental Rights.

    2. Verify the Intake Assessment is classified as a Special Circumstance Voluntary Surrender of Parental Rights.

    3. 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 Voluntary Surrender of Parental Rights.

    1. Stage progress the Intake Assessment to a Special Circumstance Voluntary Surrender of Parental Rights.

    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 Voluntary Surrender of Paternal Rights.

    Intake Assessments that do not meet the criteria for a Special Circumstance Voluntary Surrender of Parental Rights must be processed and assessed in accordance with policies 3.1 Intake: Receiving Intake Reports and 3.2 Intake: Making an Intake Decision.

Practice Guidance

A voluntary surrender of parental rights legally severs the parent-child relationship and allows the child to be adopted. CICC may initiate a Special Circumstance Voluntary Surrender of Parental Rights when the parent (biological or legal) does not have an active child welfare case and the intake is not assessed to include child abuse. A voluntary surrender of parental rights may be executed in an active case without opening a new Special Circumstance Intake Assessment.

When allegations of child abuse are present, the intake cannot be processed as a Special Circumstance and must be assessed in accordance with policy 3.1 Intake: Receiving Intake Reports.

A voluntary surrender of parental rights differs from abandonment. Abandonment is present when a parent’s conduct shows an intent to forgo or a desertion of parental rights, such as by leaving the child for six months or longer without communication, visitation or providing provisions for the child’s support (food/clothing/shelter).

For more information on Voluntary Surrender of Parental Rights, see policy 17.12 Legal: Voluntary Surrender of Parental Rights.

Forms and Tools

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