11.23 Independent Adoption Investigations - Appointed by the Court | CWS

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(11) Adoption

Policy Title:

Independent Adoption Investigations - Appointed by the Court

Policy Number:

11.23

Previous Policy Number(s):

112.0 - 112.15

Effective Date:

July 2021

Manual Transmittal:

2021-03

Codes/References

O.C.G.A §19-8-1 Definitions
O.C.G.A §19-8-2 Jurisdiction and Venue of Adoption Proceedings
O.C.G.A §19-8-5 Third Party Adoption by Party Who Is Not Stepparent or Relative of Child
O.C.G.A §19-8-6 Stepparent Adoption
O.C.G.A §19-8-8 Adoption Based Upon Foreign Decrees and Valid Visa
O.C.G.A §19-8-14 Timing of Adoption Hearing; Record Retention; Clerk’s Duties
O.C.G.A §19-8-16 Investigation by Child Placing Agency or Other Agent
O.C.G.A §19-8-17 Report and Findings of Investigating Agent; Dismissal of Petition;
Appointment of Guardian Ad Litem
O.C.G.A §19-8-18 Hearing; District Attorney to be Directed to Review Inducement Violations; Decree of Adoption; Factors Considered in Determining Best Interests of Child; Disposition of Child on Denial of Petition
O.C.G.A §19-8-20 Forwarding of Decree, Report, and Subsequent Orders to Department;
Issuance of Adoption Certificate; Use as Evidence
O.C.G.A §19-8-23 Where Records of Adoption Kept; Examination by Parties and Attorneys; Use of Information by Agency and Department
O.C.G.A §19-8-26 Forms

Requirements

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

Conduct an investigation upon court appointment, to verify allegations in a petition for an independent adoption by a stepparent, relative or third party that includes:

Reviewing the adoption petition prior to initiating the investigation to ensure it meets all legal requirements, including any specific issue the court requests to be investigated;
Verifying the allegations in the petition for an adoption; and
Submit the findings and recommendation in writing to the court, which at minimum shall include.
1. Verification of allegations contained in the adoption petition;
2. Circumstances under which the child came to be placed for adoption:
3. Whether each prospective adoptive parent is financially, physically, and mentally able to have the permanent custody of the child
4. The physical and mental condition of the child, insofar as this can be determined by the aid of competent medical authority;
5. Whether or not the adoption is in the best interests of the child, including his/her general care;
6. Suitability of the home to the child;
7. Whether the identify and location of a biological father who is not the legal father are known or ascertainable and whether proper notice was provided, if applicable. This includes notification via:
  1. Registered or certified mail or statutory overnight delivery, return receipt requested, at his last known address, which notice shall be deemed received upon the date of delivery shown on the return receipt;
  2. Personal service, which notice shall be deemed received when personal service is perfected; or
  3. Publication once a week for three weeks in the official organ of the county where the petition has been filed and of the county of his last known address, which notice shall be deemed received upon the date of the last publication.
    
    If feasible, the methods specified in paragraph (1) or (2) of this subsection shall be used before publication.
8. Any other information that might be disclosed by the investigation that in DFCS’ opinion would be of value or interest to the court in deciding the case; and
9. Any other information that might be disclosed by the investigation in response to any specific issues that the court requested be investigated in its order appointing DFCS as the agent.

The Superior Court will send the copy of the adoption petition to the County Department within 15 days of the adoption petition being filed, appointing DFCS as the agent to conduct the investigation. The investigation may be in addition to the required home evaluation.

Notify the Social Services Administration Unit (SSAU) within two business days of the appointment by the court to conduct an investigation to verify the allegations in a petition;
Maintain a registry of all the adoption petitions; and
Establish the permanent adoption record.
Make efforts to locate the biological parents when the biological parents cannot be located when DFCS has been appointed by the court to conduct an investigation to verify a petition for an independent adoption by a stepparent, relative or third party in accordance with policy.

A positive recommendation will not be given, if unable to locate the biological parents.

Procedures

Social Services Case Manager

Upon receipt of the copy of the adoption petition from Superior Court:

Send a copy of the petition to the SSAU within two business days with a statement that the County Department has been named as the investigative agency.

If the received adoption petition is to domesticate a foreign decree, the statement should indicate that no court report is required.

A copy of the petition shall be retained in the County Department file.

If an adoption petition is sent to the County Department when DFCS has not been named as the agent to complete the investigation, send it to the SSAU with a letter stating that the County Department was not named as the investigative agency and should not have received the petition. A copy of the letter should be sent to the Superior Court Clerk.

Review the petition to ensure that it meets all legal requirements prior to initiating the investigation:
1. Determine if the filing date is within the required 60 days from relinquishment.
2. Determine if the time between the filing date and the date of the scheduled hearing does not exceed 120 days. Notify the court if this period is not met.
3. Determine if the petition is filed in the county of the petitioner(s) residence, except:
  1. When the court determines there is good cause and allows the petition to be filed in the court of the county of the child’s domicile; in which is located any child placing agency having legal custody of the child; where the child is born if the petition is filed with one year of the child’s birth; or in which is located the office of the DFCS having legal custody of the child.
  2. Any individual who is a resident of any United States army post or military reservation within Georgia may file the petition in any county adjacent to the U.S. Army post or military reservation.
  3. When the child has been placed for adoption with an individual who is a resident of another state in compliance with Interstate Compact on the Placement of Children (ICPC), with an individual who is a resident of another state in which ICPC does not apply or with an individual who is a resident of another country, the petition shall be filled:
    
    In the court of the county where the child was born or resides or was residing at the time of placement;
    
    The court of the county in which is located any child-placing agency having legal custody of the child; or
    
    Superior Court of Fulton County.
4. Notify the court of any concerns regarding the petition.
5. Check the petition to ascertain if the child came into the state for the purpose of adoption and, if so, if the Interstate Compact on the Placement of Children Request (ICPC 100A) showing compliance with ICPC is attached as required:
  1. Bring any ICPC non-compliance to the attention of the attorney and the State Adoption Unit;
  2. Notify the court of the ICPC violation; and
  3. It is sometimes possible to bring the placement under the compact after the placement has been made with the cooperation of the other state.
6. Determine that the petition is filed in the names of both, if the petitioners are married:
  1. Bring any non-compliance to the attention of the attorney; and
  2. Notify the court and the attorney of the need for the petition to be amended.
7. Verify that the petitioner meets the minimum 21 years of age requirement or is married and living with their spouse, and is at least ten years older than the child, except when the petitioner is a stepparent or relative.
8. Check to determine that all necessary documents are attached to the petition:
  1. Voluntary surrenders of parental rights from all biological/legal parents;
  2. Affidavits;
  3. Acknowledgments of Surrender of Rights by parents;
  4. Petitioner’s accounting report of disbursements;
  5. Affidavit of Petitioner’s Representative;
  6. Birth Family Background of Information for Non-State Agency Child;
  7. Any applicable notice of publication;
  8. Certificate from the putative father registry;
  9. Interstate Compact on the Placement of Children Request (ICPC 100A) signed by both states’ ICPC Administrator (if applicable) or a statement that it is not needed; and
  10. If the child to be adopted is 14 years of age or older, a written consent should be attached.
9. Notify the attorney of any indications of non-compliance and suggest that a request for continuance be made.
  
  All contacts with the attorney must be in writing or confirmed in writing.
Investigate the petition.
1. Send the prospective adoptive family a letter that:
  1. Acknowledges receipt of the petition; and
  2. Explains the need for a home visit.
2. Request that the needed additional documents be available:
  1. Marriage certificate;
  2. Divorce decree (if applicable);
  3. Death certificate (if applicable);
  4. Medical reports on parents, child(ren) and other household members;
  5. Financial verification;
  6. Names, addresses and telephone numbers of two or more references; and
  7. Criminal records check (CRC) (see policy 19.8 Case Management: Criminal Record Checks):
    
    The petitioner must submit his/her fingerprints to the Georgia Crime Information Center (GCIC) with the appropriate fee. The GCIC will notify the court in writing of presence or absence of any criminal record. The court is not authorized to share the petitioner’s CRC with DFCS, however, the court will determine the acceptability of the petitioner’s criminal history.
    
    As part of the family evaluation, if DFCS has the results of the petitioner’s CRC that are dated within 12 months of filing of the adoption petition and are included in the family evaluation filed with or otherwise made available to the court, the CRC results can be used to satisfy this requirement.
    
    The criminal records check documents may be attached to the petition or the attorney may have sent them to the County Department directly. If the County Department has not received the documents, inform the petitioners of the necessity of the County Department reviewing the criminal records report prior to making the report to the court.
    
    The County Department must not complete the CRC in the case of an Independent Adoption; it is the responsibility of the petitioners to provide this information.
3. Verify the birth of the child by viewing a copy of the birth certificate.
4. Conduct a home visit with both parents and the child present:
  1. Verify the allegations in the petition;
  2. Discuss the circumstances of the placement and discuss the report they filed regarding disbursements:
    
    How they came to know about the child; and
    
    What they know about the biological family and what they wish to know.
  3. Observe the child and evaluate:
    
    Physical condition;
    
    Mental condition; and
    
    Relationship with petitioners.
  4. Review documents required;
  5. Discuss with the family their employment history and their current employment;
  6. Discuss their plans for child care, if both parents work outside the home;
  7. Discuss with the family their ideas around parenting a child, how they were disciplined, how they plan to handle discipline with the child and their expectations of the child;
  8. Inquire about their outside activities, other interests and commitments; and
  9. Discuss with the family the provisions of the adoption reunion registry (see policy 11.17 Adoption: Adoption Reunion Registry).
5. Contact two or more references, preferably face-to-face and determine:
  1. How long have they known the family;
  2. What type of relationship they have with the family (friend, employer, doctor, minister, etc.);
  3. Their opinion of the marital and family relationships;
  4. The family’s relationships outside the home (neighborhood, church, etc.);
  5. Their opinion and observations of the petitioners with the child; and
  6. Any other areas of concern or anything the reference would like to share.
6. Contact the biological parents, preferably face-to-face, to determine the circumstances around the placement.
  1. Determine if they were given copies of the voluntary surrender of parental rights documents;
  2. Determine if they were under any duress or pressure to surrender the child(ren);
  3. Review the Birth Family Background Information for Child, which was attached to the petition, and complete or correct any missing or incorrect information;
  4. Discuss the financial arrangements of the placement; and
  5. Discuss the provisions of the adoption reunion registry (see policy 11.17 Adoption: Adoption Reunion Registry).
7. Make efforts to locate the biological parent(s) when they cannot be located in accordance with policy 19.21 Case Management: Unable to Locate and document the efforts in the court report. An unfavorable recommendation must be giving if the biological parents cannot be located to
8. Make an unfavorable recommendation if unable to verify the allegations in the petition when the necessary information to complete the investigation has not been available, even if home may appear suitable.
9. Complete the following steps, if making an unfavorable recommendation:
  1. Consult with the Social Services Supervisor, County Director/Designee and, if needed, request state office consultation;
  2. Inform the petitioner(s) of the reasons the County Department plans to ask for dismissal;
  3. Document in the court report the specific reason(s) substantiating the negative report. The report may include a request for continuance or dismissal;
  4. Attend the hearing if dismissal is recommended;
  5. Request the Special Assistant Attorney General’s (SAAG) involvement, if the County Department plans to request custody at the hearing. The SAAG may need to file a petition for custody.
  6. At the time of the hearing, be prepared to take custody of the child. There needs to be an available foster home in which to place the child.

Submit the findings and recommendation in writing to Superior Court via a court report at least one week prior to the date of the hearing to, to include:

Verification of allegations contained in the adoption petition;
Circumstances under which the child came to be placed for adoption:
Whether each prospective adoptive parent is financially, physically, and mentally able to have the permanent custody of the child
The physical and mental condition of the child, insofar as this can be determined by the aid of competent medical authority;
Whether or not the adoption is in the best interests of the child, including his/her general care;
Suitability of the home to the child;
Whether the identify and location of a biological father who is not the legal father are known or ascertainable and whether proper notice was provided as follows:
1. Registered or certified mail or statutory overnight delivery, return receipt requested, at his last known address, which notice shall be deemed received upon the date of delivery shown on the return receipt;
2. Personal service, which notice shall be deemed received when personal service is perfected; or
3. Publication once a week for three weeks in the official organ of the county where the petition has been filed and of the county of his last known address, which notice shall be deemed received upon the date of the last publication.
  
  If feasible, the methods specified in paragraph (1) or (2) of this subsection shall be used before publication.
Any other information that might be disclosed by the investigation that in DFCS’ opinion would be of value or interest to the court in deciding the case; and
Any other information that might be disclosed by the investigation in response to any specific issues that the court requested be investigated in its order appointing DFCS as the agent.

A court report is not required on an adoption to domesticate a foreign decree.

A positive recommendation is given when all the allegations in the petition were verified and the placement seems satisfactory and in the best interest of the child. A negative recommendation is given when all the allegations in the petition could not be verified, the required participants are able to be interviewed and/or the placement does not appear satisfactory and is not in the best interest of the child.

Submit a copy of submitted court report to the SSAU.
Prepare and submit the record for permanent retention and to be sealed in accordance with policy 2.2 Information Management: Adoption Records.

The SSAU will:

Maintain a registry of all adoption petitions.
Establish the permanent adoption record.
Process the final decree once received from the court.
Retain and seal adoption records, per policy 2.2 Information Management: Adoption Records.

Practice Guidance

The court is authorized but not required to appoint a child-placing agency or other independent agent to make an investigation in whatever form the court specifies. If an appropriate private child placing agency or independent agent is not available, the court may appoint DFCS to serve as the agent of last resort to conduct the investigation. In such cases, the petitioners are required to reimburse the Department for the cost of the investigation and preparation of the report. This cost must not exceed $250.00 unless specifically authorized by the court.

When an unfavorable recommendation is given to the court pursuant to conducting to an investigation to verify allegations in a petition for an independent adoption by a stepparent, relative or third party that includes, the court has the following options:

Finalize the adoption;
Continue the hearing, asking for further information;
Deny the petition and commit the child to DFCS or a licensed child-placing agency;
Leave the child in the custody of the petitioners or place the child in the temporary custody of DFCS so that the County Department may determine whether to file a petition for deprivation in the Juvenile Court;
Order the stipulation indicated by the birth parent in the surrender, placing custody of the child with DFCS, another child-placing agency or back to the parent;
Deny the motion to dismiss and appoint a guardian ad litem:
1. The cost of the guardian ad litem is the responsibility of the county.
2. The guardian ad litem represents the best interest of the child.
3. The guardian ad litem may file an appeal of the judge’s decision.

Forms and Tools

Birth Family Background Information for Non-State Agency Child
Checklist for Review of Adoption Petitions
Independent Adoption Court Report – Sample
Interstate Compact Placement Request (ICPC 100A)
Interstate Compact Placement Request – Instructions (ICPC 100A-I)