3.31 Intakes Involving a Child in Need of Services (Maltreatment)

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(3) Intake

Policy Title:

Intakes Involving a Child in Need of Services (Maltreatment)

Policy Number:

3.31

Previous Policy Number(s):

N/A

Effective Date:

July 2024

Manual Transmittal:

2024-06

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. § 15-11-442.1 Placement of a Child in Need of Services
O.C.G.A. § 15-11-450 Comprehensive Services Plan for Child Found Unrestorably Incompetent to Proceed; Plan Manager
O.C.G.A. § 15-11-601.1 Role of Judiciary Prior to Placing Child In Custody of DFCS
O.C.G.A. § 19-7-5 Reporting of Child Abuse and Neglect

Requirements

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

  1. Receive intake reports from juvenile court of alleged child abuse 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/or

    2. The court is considering placing a child adjudicated as a CHINS in the custody of DFCS.

    Intakes involving a CHINS with no allegation of child abuse shall be processed as a Special Circumstance in accordance with policy 3.16 Intake: Special Circumstance: Intakes Involving Child in Need of Services (No Maltreatment).

  2. Complete the Intake Assessment gathering process with the reporter as outlined in policy 3.1 Intake: Receiving Intake Reports.

  3. Thoroughly evaluate the Intake Assessment to make an intake decision in accordance with policy 3.2 Intake: Making an Intake Decision.

  4. Notify the County Division within two hours of receipt of the intake report for any assigned intake involving CHINS when the court is considering placing the child in the custody of DFCS.

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:

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

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

    3. Any court hearings held and/or upcoming, including dates, types of hearings and their outcomes.

    4. Services available/provided to the child and family;

      1. Services provided to the child and family including their response and outcomes.

      2. Efforts made to secure placement of the child other than in the custody of DFCS.

      3. If the court is considering placing the child into the custody of DFCS, what services were stated on the record to be available to the child or family which could allow the child to remain in their home.

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

    6. 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 has been developed and a plan manager assigned.

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

  2. Input the Intake Assessment in Georgia SHINES:

    1. Upload the CHINS complaint and/or petition into External Documentation.

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

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

    Intake Assessments involving CHINS with no allegation of child abuse shall be processed as a Special Circumstance in accordance with policy 3.16 Intake: Special Circumstance: Intakes Involving Child in Need of Services (No Maltreatment).

  4. Notify the County Division’s CPS Intake Communication Center (CICC) Point of Contact (POC) within two hours of receipt of the intake report for any assigned intake involving CHINS when the court is considering placing the child in the custody of DFCS.

Centralized Intake Specialist Supervisor

  1. Verify the information was gathered from the reporter in accordance with policy 3.1 Intake: Receiving Intake Reports, including gathering specific information on the CHINS, court hearings, services and efforts to secure placement other than DFCS custody.

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

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

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

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

    3. Assign the intake report to the County Division’s CICC POC.

    Intake Assessments involving CHINS with no allegation of child abuse shall be processed as a Special Circumstance in accordance with policy 3.16 Intake: Special Circumstance: Intakes Involving Child in Need of Services (No Maltreatment).

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.

Forms and Tools

N/A