3.23 Special Circumstance Intakes Involving Temporary Protective Custody of a Child by Physician

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(3) Intake

Policy Title:

Special Circumstance Intakes Involving Temporary Protective Custody of a Child by Physician

Policy Number:

3.23

Previous Policy Number(s):

3.12

Effective Date:

December 2021

Manual Transmittal:

2021-06

Codes/References

O.C.G.A. §15-11-131 Temporary Protective Custody by Physician Without Court Order and Without Parental Consent; Immunity (Terrell Peterson Act of 2000)

Requirements

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

  1. Receive intake reports of alleged child abuse from a physician, licensed in Georgia, who has taken a child under their medical care into protective custody without a court order and without parental consent.

  2. Gather from the reporting physician or healthcare professional the circumstances surrounding the temporary protective custody of a child by a physician.

  3. Screen-in Intake Assessments that meet the criteria for a Special Circumstance Physician Taking Child into Custody.

  4. Assign the Special Circumstance Physician Taking Child into Custody for immediate response.

    Special Circumstance Physician Taking Child into Custody may be assigned for a 24-hour response when the child is eligible for inpatient admission and not medically ready for discharge.

  5. Screen-out Intake Assessments when the information gathered does not meet the criteria for a Special Circumstance Physician Taking Child into Custody, and/or

    1. The Intake Assessment does not meet Georgia law and DFCS policy requirements for child abuse; and

    2. Juvenile court did not authorize the child to be placed in DFCS custody.

    Intake Assessments that do not meet the criteria for a Special Circumstance Physician Taking Child into Custody shall be assessed in accordance with policy 3.2 Intake: Making an Intake Decision for screen-out eligibility.

  6. Notify the County Department of any assigned Special Circumstance Physician Taking Child into Custody within two hours of receipt of the Intake Report.

Procedures

Centralized Intake Specialist

  1. Complete the Intake Assessment information gathering process with the reporter as outlined in policy 3.1 Intake: Receiving Intake Reports. In addition, gather the following information from the reporter:

    1. The reporting physician’s name, position, and contact information.

      If the reporter is a healthcare professional calling on behalf of the physician, such as the hospital social worker, obtain the physician’s information.

    2. The circumstances that present imminent danger to the child, including the reason there was not sufficient time to obtain a court order.

    3. The date and time the physician took or retained temporary protective custody of the child without a court order.

    4. The child’s status including:

      1. The current location of child

      2. Medical and health status

      3. If the child was admitted to the hospital or institution and the anticipated date of discharge

    5. Whether the child’s parents, guardian, or legal custodian were informed of the whereabouts of the child. If not, obtain the reason(s) for failing to notify the parents, guardian or legal custodian and advise the physician of the legal requirement to notify.

    6. Whether law enforcement or Juvenile Court was contacted for authorization to place the child into DFCS custody:

      1. If Juvenile Court was contacted obtain:

        1. The date and time the juvenile court intake officer provided authorization; or

        2. The reason for the denial of authorization.

      2. If law enforcement was contacted, inquire when law enforcement brought the child before a juvenile court intake officer.

      3. If Juvenile Court or law enforcement has not been contacted, advise physician of their requirement to contact Juvenile Court or law enforcement no later than 24 hours after the child is held in temporary custody.

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

  3. Thoroughly evaluate all information gathered in accordance with policy 3.2 Intake: Making an Intake Decision and determine if the Intake Assessment meets the criteria for a Special Circumstance Physician Taking Child into Custody.

  4. Input the Intake Assessment into Georgia SHINES:

    1. Classify as a Special Circumstance Physician Taking Child into Custody.

    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 Physician Taking Child into Custody.

      Assign the Special Circumstance Physician Taking Child into Custody for immediate response. Except for when the child is eligible for inpatient admission and not medically ready for discharge it can be assigned for a 24-hour response.

    2. Screened-out when:

      1. The information gathered does not meet the criteria for a Special Circumstance Physician Taking Child into Custody; and/or

      2. Intake Assessment does not meet Georgia law and DFCS policy requirements for child abuse and Juvenile court did not authorize the child to be placed in DFCS custody.

      Intake Assessments that do not meet the criteria for a Special Circumstance Physician Taking Child into Custody shall be assessed in accordance with policy 3.2 Intake: Making an Intake Decision for screen-out eligibility.

  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 Physician Taking Child into Custody.

  7. Notify the County Director(s) and the county department’s CPS Intake Communication Center (CICC) Point of Contacts (POC) of any assigned Special Circumstance Physician Taking Child into Custody within two hours of receipt the intake report.

    1. Provide the time the physician took custody of the child.

      If the child is medically ready for discharge, DFCS must take physical custody within six hours of receipt of the intake report.

    2. Document in the Intake Assessment the notification to the County Director(s) and CICC POC(s).

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

Centralized Intake Specialist Supervisor

  1. Verify the information is gathered from the reporter in accordance with policy 3.1 Intake: Receive Intakes.

  2. Thoroughly evaluate information gathered to make an intake decision in accordance with policy 3.2 Intake: Making an Intake Decision:

    1. Determine if the circumstances meet the criteria for a Special Circumstance Physician Taking Child into Custody.

    2. Verify the Intake Assessment is classified as a Special Circumstance Physician Taking Child into Custody.

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

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

  4. Screen-in the Intake Assessment when the information gathered meets the criteria for a Special Circumstance Physician Taking Child into Custody.

    1. Verify the Centralized Intake Specialist notified the CICC POC(s) within two hours of receipt of the intake report.

    2. Confirm the Special Circumstance is assigned for an immediate response, except for when the child is eligible for inpatient admission and not medically ready for discharge.

      DFCS must take physical custody within six hours of receipt of the intake report, if the child is medically ready for discharge.

    3. Stage progress the Intake Assessment to a Special Circumstance Physician Taking Child into Custody.

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

  5. Screen-out the Intake Assessment when:

    1. The information gathered does not meet the criteria for a Special Circumstance Physician Taking Child into Custody; and/or

    2. Intake Assessment does not meet Georgia law and DFCS policy requirements for child abuse and Juvenile court did not authorize the child to be placed in DFCS custody.

    Intake Assessments that do not meet the criteria for a Special Circumstance Physician Taking Child into Custody shall be assessed in accordance with policy 3.2 Intake: Making an Intake Decision for screen-out eligibility.

Practice Guidance

The Terrell Peterson Act gives a physician, licensed to practice medicine in the state of Georgia and who is treating a child, the authority to take or retain temporary protective custody of a child without a court order, without the consent of a parent, guardian, or legal custodian, if:

  1. The physician has reasonable cause to believe that the child is in a circumstance or condition that presents an imminent danger to the child’s life or health as a result of suspected abuse; and

  2. There is not sufficient time for a court order to be obtained for temporary custody of the child before the child may be removed from the presence of the physician.

The law requires a physician holding a child in temporary protective custody to make a report of the suspected child abuse; therefore, the reporter type must be a physician licensed to practice medicine in this state or a healthcare professional calling on behalf of the physician.

Forms and Tools

N/A