5.5 Child Protective Services Administrative Reviews

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(5) Investigations

Policy Title:

Child Protective Services Administrative Reviews

Policy Number:

5.5

Previous Policy Number(s):

N/A

Effective Date:

April 2024

Manual Transmittal:

2024-04

Codes/References

Child Abuse Prevention and Treatment Act (CAPTA)

Requirements

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

  1. Provide a substantiated maltreater[1] the opportunity to appeal a substantiated child abuse determination via the Child Protective Services (CPS) Administrative Review process.

  2. Provide the Requestor 45 calendar days from the receipt of the Notice of Child Protective Services Investigation Substantiation to request an administrative review.

    DFCS will presume that the Requestor received the Notice of Child Protective Services Investigation Substantiation within five business days of the date on the notice.

  3. Have a three-tiered process for an administrative review to include:

    1. A 1st level review by the Regional Director (RD)/Designee which shall be concluded:

      1. Within 45 business days of the receipt for a request of a desk review; or

      2. Within 60 business days of the receipt for a request of an in-person review.

    2. A 2nd level review by the Administrative Review Team (ART) which shall be concluded:

      1. Within 45 business days of the receipt for a request of a desk review; or

      2. Within 60 business days of the receipt for a request of an in-person review.

      DFCS will process the request for a 2nd level review if the substantiated case determination and a review were conducted in compliance with the CPS Panel review process prior to November 1, 2009.

    3. A 3rd level review, which shall be a desk review, conducted by the DFCS Division Director or Designee within 45 business days of the receipt of the notification from the ART. This decision shall be final.

  4. Use the following guidelines as it relates to CPS Administrative Reviews and pending court proceedings:

    1. The review shall not be delayed pending criminal proceedings.

    2. The review shall be stayed until the conclusion of the adjudication hearing in juvenile court when the Requestor is the child’s parent. If the child is not adjudicated dependent, the Requestor shall be entitled to have an administrative review.

  5. Deny a request for an administrative review when:

    1. DFCS records have been sealed in accordance with state or federal law (e.g., adoption records); or

    2. The child is adjudicated dependent. The juvenile court proceeding serves as the Requestor’s means of appealing the substantiated investigation determination.

    If a 1st level review is denied the Requestor is ineligible for 2nd or 3rd level reviews.

  6. Use maltreatment codes or child abuse definitions that were effective at the time the investigation was conducted when completing the administrative review.

  7. Notify the Requestor of the CPS administrative review decision via the Child Protective Services Administrative Review Decision Letter generated in Georgia SHINES.

  8. Document the administrative review decision within 72 hours of the decision in Georgia SHINES.

Procedures

1st Level Review

The ART will:

  1. Forward the Request for 1st Level Child Protective Services Administrative Review to the RD/Designee within 10 business days of receipt.

  2. Copy the County Department on the request.

The RD/Designee will:

  1. Provide oversight of the administrative review process by tracking and monitoring pending administrative reviews.

  2. Review the case record to determine if the request meets the guidelines for review.

  3. Send the Requestor the Acknowledgement of Receipt of 1st Level Request for Child Protective Services Administrative Review, indicating (as applicable):

    1. Date request was received

    2. Date the review is due

    3. Any information he/she wishes to be considered during the review, how to provide the information to the Regional Office, and the due date

    4. Reason(s) for denial of the request, per policy

    5. Reason(s) for staying the request and next steps

    6. If interpretive services or auxiliary aides are requested, if so, language or type of auxiliary service.

  4. Provide a copy of the acknowledgement notification to the following:

    1. County Department

    2. ART

    3. CPS Screening Unit

    4. Office of Provider Management (OPM), if applicable

    5. Child Placing Agency (CPA), if applicable

    6. Child Caring Institution (CCI), if applicable

    7. Room Board and Watchful Oversight (RBWO) provider, if applicable

  5. Within 45 business days of receipt of a 1st level desk review request:

    1. Complete a desk review of the case record and any evidence submitted by the Requestor.

    2. Interview the Requestor and/or the Social Services Case Manager (SSCM) who completed the investigation as part of the review, as needed.

  6. Within 60 business days of receipt of a 1st level in-person review request:

    1. Contact the Requestor and schedule a time to conduct the in-person review.

    2. Send the Requestor the Notification of Appointment for In-Person Child Protective Services Administrative Review indicating the date, time, and location of the in-person administrative review, at least 10 calendar days prior to the appointment date.

    3. Review the case record and any information relevant to the case, including interviewing the SSCM who conducted the investigation to clarify any outstanding questions, as needed.

    4. Facilitate an in-person review:

      1. Only a DFCS representative and the Requestor shall be allowed to participate in the review.

        The Requestor shall be allowed to bring an adult support person, however, he/she shall only observe.

      2. Either party may have an attorney present; however, the attorneys cannot present evidence and the attorneys shall not be allowed to cross examine the other party. Neither party can present witnesses.

      3. Have the DFCS representative describe the decision for substantiating the case for child abuse and the information used to support the decision.

      4. Give the Requestor an opportunity to present a response and any evidence.

      5. Obtain clarification regarding any information presented.

    When the Requestor does not attend the in-person review without notifying the regional office, the review shall be rescheduled once. If the Requestor does not attend the rescheduled review, the 1st level review shall be cancelled, and the maltreatment determination shall stand.

  7. Notify the Requestor of the 1st level review decision within the applicable 45 or 60 business day timeframe, by sending the following:

    1. Child Protective Services Administrative Review Decision Letter;

    2. Request for 2nd Level Child Protective Services (CPS) Administrative Review; and

    3. Guide to Child Protective Services Administrative Review when the decision is upheld.

  8. Provide a copy of the decision letter to the:

    1. County Department

    2. ART

    3. CPS Screening Unit

    4. OPM (if applicable)

    5. CCI (if applicable)

    6. RBWO provider (if applicable)

  9. Document the Administrative Review decision within 72 hours of the decision by completing the Administrative Review page in Georgia SHINES (see Practice Guidance: Completing the Administrative Review Page in Georgia SHINES).

2nd Level Review

The ART will:

  1. Review the case record to determine if the request meets the guidelines for review.

  2. Send the Requestor the Acknowledgement of Receipt of 2nd Level Request for Child Protective Services Administrative Review within 10 business days of receipt, indicating (as applicable):

    1. Date request was received

    2. Date the review is due

    3. Any information he/she wishes to be considered during the review, how to provide the information to the ART, and the due date

    4. Reason(s) for denial of the request, per policy

    5. Reason(s) for staying the request and next steps

    6. If interpretive services or auxiliary aides are requested, if so, language or type of auxiliary service.

  3. Provide a copy of the acknowledgement notification to the following:

    1. County Department

    2. Regional Office

    3. CPS Screening Unit

    4. OPM (if applicable)

    5. CPA (if applicable)

    6. CCI (if applicable)

    7. RBWO provider (if applicable)

  4. Within 45 business days of receipt of a 2nd level desk review request:

    1. Complete a desk review of the case record and any evidence submitted by the Requestor.

    2. Interview the Requestor and/or the SSCM who completed the investigation as part of the review, as needed.

  5. Within 60 business days of receipt of a 2nd level in-person review request:

    1. Contact the Requestor and schedule a time to conduct the in-person meeting.

    2. Send the Requestor the Notification of Appointment for In-Person Child Protective Services Administrative Review indicating the date, time, and location of the in-person administrative review, at least 10 calendar days prior to the appointment date. Provide a copy of the notification to the:

      1. Regional Office

      2. County Department

    3. Review the case record and any information relevant to the case, including interviewing the SSCM who conducted the investigation to clarify any outstanding questions, as needed.

    4. Facilitate an in-person review:

      1. Only a DFCS representative and the Requestor shall be allowed to participate in the review.

        The Requestor shall be allowed to bring an adult support person, however, he/she shall only observe.

      2. Either party may have an attorney present; however, the attorneys cannot present evidence and the attorneys shall not be allowed to cross examine the other party. Neither party can present witnesses.

      3. Have the DFCS representative describe the decision for substantiating the case for child abuse and the information used to support the decision.

      4. Give the Requestor an opportunity to present a response and any evidence that was presented in the 1st level review.

      5. Obtain clarification regarding any information presented.

    When the Requestor does not attend the in-person review without notifying the ART, the review shall be rescheduled once. If the Requestor does not attend the rescheduled review, the 2nd level review shall be cancelled, and the case disposition shall stand.

  6. Complete a summary of findings and recommendations.

  7. Within one business day of completing the 2nd level review submit the summary of findings and recommendations to the Division Director/Designee to complete the 3rd level review.

3rd Level Review

The DFCS Division Director/Designee will:

  1. Complete a desk review within 45 business days of the receipt of the 3rd level review request from the ART.

  2. Notify the ART of the 3rd level review decision.

The ART will:

  1. Document the administrative review decision in Georgia SHINES within 72 hours of the notification from the Division Director/Designee:

    1. Complete the Administrative Review page; and

    2. Upload all supporting documents to External Documentation

  2. Notify the Requestor of the 3rd level review decision via Child Protective Services Administrative Review Decision Letter. Provide a copy of the letter to:

    1. Regional Office

    2. County Department

    3. ART

    4. CPS Screening Unit

    5. OPM (if applicable)

    6. CPA (if applicable)

    7. CCI (if applicable)

    8. RBWO provider (if applicable)

The RD/Designee will:

  1. Track and monitor pending 3rd level administrative reviews.

  2. Review the Division Director/Designee’s 3rd level review decision.

  3. Verify the Administrative Review page in Georgia SHINES is updated with the 3rd level review decision. If the decision is to overturn the substantiation, ensure the investigation disposition has been updated.

The County Director/Designee will:

  1. Review the Division Director/Designee’s 3rd level review decision.

  2. Verify the Administrative Review page in Georgia SHINES is updated with the 3rd level review decision. If the decision is to overturn the substantiation, ensure the investigation disposition has been updated.

Practice Guidance

The Child Abuse Prevention and Treatment Act requires that states have in place an appeal process by which an individual who has been identified as abusing or neglecting a child can appeal such a finding. The substantiated maltreater’s request for a CPS Administrative Review does not absolve DFCS’ obligation to ensure the safety of children and families. Services to mitigate present or impending danger must be discussed and implemented with the family with the understanding that the review process and service delivery will occur simultaneously. If during the appeal process a child is deemed unsafe, appropriate action must be taken, up to, and including filing a dependency petition in juvenile court to ensure safety.

The objectives of the CPS Administrative Review are to:

  1. Determine if the information and evidence gathered during the investigation is sufficient to support the substantiated maltreatment.

  2. Provide an opportunity for the substantiated maltreater to appeal the case disposition and to submit written or oral information that supports an unsubstantiated case disposition.

  3. Provide an opportunity for DFCS staff to enhance best practices and service delivery.

DFCS County Staff Administrative Review Responsibilities

The investigator should prepare for the administrative review in the same manner as if preparing for court. A thorough review of records and documentation should be completed in Georgia SHINES. It is preferable that the case is presented by the SSCM who completed the investigation. If this is not possible, the county may select the individual that can best present the case decision.

Completing the Administrative Review Page in Georgia SHINES

When a request for a 1st level administrative review is received, the RD/Designee may use the Administrative Review page in Georgia SHINES to begin the 1st level review process by:

  1. Conducting a Georgia SHINES case and person search to ensure the correct person is requesting the administrative review and to review the Legal tab to determine if there are existing legal actions.

  2. Select the correct investigation stage and click the Administrative Review Appeal radio button on the Case Summary page. This creates a new stage of work for the administrative review that will be displayed under the 2nd level tab of Administrative Review.

  3. Select the person who is requesting the review from the Person List.

    Only adults with the role of “Principal” can be selected.

  4. Enter the relevant information about the review request and document the outcome.

  5. Enter the date the request was received in the Request Received field.

  6. Document the outcome of the review in the free-form text field.

  7. Once the information is complete and the outcome is decided, the reviewer uses the Save and Close button to close out the administrative review. After this, the administrative review stage will be closed, and the page will be view only. A narrative is available for completion of documentation.

  8. If the findings change the disposition of any of the allegations, the reviewer will access the Allegation List from the 2nd Level menu in the Administrative Review stage where the dispositions can be updated.

  9. If the overall case disposition is overturned, the reviewer will access the Allegations List from the 2nd Level menu in the Administrative Review stage where the case disposition can be updated. The change(s) will auto-populate to the Investigation Conclusion page. Do not use the Supervisor Override. The Investigation Conclusion page narrative should also be updated in the 2nd level Administrative Review stage by the reviewer.

Administrative Reviewers

The RD/Designee, ART, and/or DFCS Division Director/Designee must decide to uphold or overturn the substantiation decision based upon a preponderance of the evidence. A preponderance of evidence means the greater weight of the evidence makes it more probable than not that a finding of substantiation is warranted.

Review Options When No Case Record Is Available

When there is no case record available for review, the Reviewer must attempt to obtain as much corroborating information as possible. Notarized statements from the Requestor, witnesses, collaterals, and in some cases statements from the alleged victim child(ren) may be helpful when reviewing the case. Other information available such as police reports, court reports, or professional assessments may also be reviewed and considered when no case record is available.

Options for the Substantiated Maltreater (Requestor)

Upon receipt of the Notification of Child Protective Services (CPS) Investigation Outcome that indicates a substantiated case disposition, the substantiated maltreater (Requestor) has the option of submitting his/her request for a 1st level review. If the Requestor does not agree with the 1st level review decision, the Requestor has the option to submit a request for a 2nd level review.

Instructions for Substantiated Maltreaters to Request a 1st or 2nd Level Administrative Review

  1. Complete the Request for 1st Level Child Protective Services Administrative Review, indicating if a desk review or in-person review is being requested.

  2. Submit the Request for a 1st Level Child Protective Services Administrative Review and a copy of the Notice of Child Protective Services Substantiation or Notification of Child Protective Services Investigation to a Minor to the email or address provided below:

    1. Email: DFCS-ACRRequest@dhs.ga.gov

    2. Mail:

      ATTN: ADMINISTRATIVE REVIEW TEAM
      GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES
      47 TRINITY AVENUE SW, 1ST FLOOR
      ATLANTA, GA 30334

  3. Submit any evidence (e.g., written statements, video, audio, other documentation, etc.) for either review type selected within 10 calendar days of receipt of the acknowledgement of the review request.

  4. Be available for an interview or for an in-person meeting.

  5. If you disagree with the 1st level review decision, complete the Request for 2nd Level Child Protective Services Administrative Review, indicating if a desk review or in-person review is being requested.

  6. Submit the Request for a 2nd Level Child Protective Services Administrative Review and a copy of the Notice of Child Protective Services Substantiation or Notification of Child Protective Services Investigation to a Minor to the email or address provided below:

    1. Email: DFCS-ACRRequest@dhs.ga.gov

    2. Mail:

      ATTN: ADMINISTRATIVE REVIEW TEAM
      GEORGIA DIVISION OF FAMILY AND CHILDREN SERVICES
      47 TRINITY AVENUE SW, 1ST FLOOR
      ATLANTA, GA 30334

  7. Submit any evidence (e.g., written statements, video, audio, other documentation, etc.) for either review type selected within 10 calendar days of receipt of the acknowledgement of the review request.

  8. Be available for an interview or for an in-person meeting.

Desk Reviews

A desk review is a review of the case record in Georgia SHINES and/or the Internal Data System (IDS) and any other additional case documents (e.g., medical records, school records, pictures, etc.)

In-Person Reviews

An in-person review is an interview conducted with the SSCM and/or Supervisor responsible for the investigation and the substantiated maltreater.

Forms and Tools

Acknowledgement of Receipt of 1st Request for Child Protective Services Administrative Review
Acknowledgement Of Receipt of 1st Level Request for Child Protective Services Administrative Review (Spanish)
Guide to Child Protective Services Administrative Review
Guide to Child Protective Services Administrative Review (Spanish)
Notification of Appointment for In-Person Child Protective Services Administrative Review
Notification of Appointment for In-Person Child Protective Services Administrative Review (Spanish)
Request for 1st Level Child Protective Services Administrative Review
Request for 1st Level Child Protective Services Administrative Review (Spanish)
Request for 2nd Level Child Protective Services Administrative Review
Request for 2nd Level Child Protective Services Administrative Review (Spanish)

1. A substantiated maltreater is an individual whom DFCS has determined to have abused a child by a preponderance of the evidence. It includes, but is not limited to, a birth parent, legal guardian, caregiver, foster parent (DFCS or private agency), relative, Child Placing Agency or Child Caring Institution staff, Day Care staff, and School personnel.