9.4 Removal from the Home

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(9) Eligibility

Policy Title:

Removal from the Home

Policy Number:

9.4

Previous Policy Number(s):

N/A

Effective Date:

July 2019

Manual Transmittal:

2019-08

Codes/References

O.C.G.A. §15-11-133.1
O.C.G.A. §15-11-134 Required Findings Justifying Removal from the Home
O.C.G.A. §15-11-146 Preliminary Protective Hearing; Findings
Title IV-E of the Social Security Act Section 472(a)
Title 45 Code of Federal Regulations (CFR) Part 1356.21 (c), (d), (k) and (l)

Requirements

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

  1. Ensure that a child’s removal from the home occurs pursuant to:

    1. A voluntary placement agreement (VPA) entered into by a parent or relative which leads to a physical or constructive removal (i.e., a non-physical or constructive removal of custody) of the child from the home; or

    2. A judicial order for a physical or constructive removal of the child from a parent or specified relative.

    A removal has not occurred in situations where legal custody is removed from the parent or relative and the child remains with the same relative in that home under supervision by the state/tribal agency.

  2. Consider a child constructively removed on the date of:

    1. The first judicial order removing custody, even temporarily, from the appropriate specified relative; or

    2. The signing of the voluntary placement agreement by all relevant parties.

  3. Ensure the removal and foster care placement of a child is in accordance with a judicial determination to the effect that continuation of residence in the home from which removed would be contrary to the welfare or that the placement would be in the best interest of the child and that reasonable efforts to maintain the family unit were made (see policy 9.5 Eligibility: Reasonable Efforts). The contrary to the welfare determination will be made in the first ruling that sanctions (even temporarily) the removal of the child from the home. If the determination regarding contrary to the welfare is not made in the first court ruling pertaining to removal from the home, the child will not be eligible for Title IV-E foster care maintenance payments for the duration of that stay in foster care.

  4. Verify that the judicial determination regarding contrary to the welfare is explicitly documented and made on a case-by-case basis in the court order. If the contrary to the welfare judicial determination is not included as required in the court orders, a transcript of the court proceedings is the only other documentation accepted to verify that the required determination has been made. Neither affidavits nor nunc pro tunc orders will be accepted as verification in support of contrary to the welfare judicial determinations.

  5. Acknowledge that court orders that reference state law to substantiate judicial determinations are not acceptable, even if the law provides that a removal must be based on a judicial determination that remaining in the home would be contrary to the welfare or that removal can only be ordered after reasonable efforts have been made.

Procedures

Social Services Case Manager

  1. Review the first order signed by a judge which sanctions the removal of the child from the home to determine if the appropriate judicial finding of “contrary to the welfare” or “best interest of the child” is made.

  2. Verify the court order includes child specific details which led to the sanctioning of the removal by the judge.

  3. Document the following on the Legal Action and Outcome Detail page in Georgia SHINES:

    1. Date Field: The date of the complaint/petition or the signature date of the VPA;

    2. Court action date;

    3. Action: Type of placement authority;

    4. Hearing type/court order;

    5. Date shelter care authorized;

    6. Court order date.

      Nunc pro tunc orders must be carefully reviewed to ensure that only the judge’s signature and not the finding is dated back to the actual hearing date.

  4. Upload all court orders in External Documentation in Georgia SHINES, if not uploaded by the Case Plan Reporting System (CPRS).

  5. Notify the Revenue Maximization (RevMax) Unit via the Notification of Change (NOC) in Georgia SHINES of the uploaded court orders.

Social Services Supervisor

  1. Review court orders for appropriate judicial determinations and language.

  2. Ensure the SSCM documents removal information and uploads corresponding orders timely.

Practice Guidance

“Contrary to the Welfare” Determination

The “contrary to the welfare” determination is a long-standing protection afforded to children and their families that recognizes the severity of removing a child, even temporarily, from the home. Judicial oversight is intended to prevent state agencies from acting too quickly and removing children unnecessarily.

The first court order language criterion to establish IV-E eligibility is the judicial determination that continuation in the home is “contrary to the welfare” of the child or that placement would be “in the best interest” of the child. The contrary to the welfare determination must be in the first ruling that sanctions the removal of the child from the home or any order for temporary alternatives to foster care (see Practice Guidance in policy 17.1 Legal: The Juvenile Court Process for information on temporary alternatives to foster care). If the contrary to the welfare determination is not made in the first court ruling pertaining to removal from the home, the child will not be eligible for Title IV-E foster care maintenance payments for the duration of that stay in foster care. The finding should be explicitly documented in the court order and based on individual circumstances/facts of the case that led the judge to conclude the finding. The order must enumerate the specific facts of the case or reference the facts contained in such documents as the complaint, court report, Affidavit of Efforts, etc.

Types of Removal

When DFCS obtains custody, there must be a “removal” for a child to be IV-E eligible. The two types of removals are:

  1. Physical removal, which occurs when the agency has physically removed the child from their current living arrangement.

  2. Constructive removal, which is considered a “paper” removal. In a constructive removal, the state/tribal agency has obtained legal custody and supervision of the child, but did not physically remove the child from their parent, guardian or legal custodian as the child was living with an interim caregiver at the time of removal. A child is considered constructively removed on the date of the first judicial order removing custody from the appropriate specified relative or the date that the voluntary placement agreement is signed by all relevant parties.

Forms and Tools

N/A