17.0 Introduction to Court and Legal Process | CWS

O.C.G.A. §15-11-2 through §15-11-451
Title IV-E of the Social Security Act
45 CFR
Public Law (PL) 105-89 Adoption and Safe Families Act of 1997
PL111-320 Child Abuse Prevention and Treatment Act (CAPTA) Reauthorization Act of 2010

Child welfare policy is guided by federal and state laws as well as good social work practice with the intent of preserving families, whenever possible, and ensuring the safety, well-being and permanency of children. Child welfare and law enforcement agencies have a specific legal authority to investigate, intervene and protect children from maltreatment. A child’s right to protection and safety outweigh a parent’s right to the child when there is serious maltreatment.

The juvenile court is a significant part of the child welfare network. Determining when to initiate juvenile court action is one of the most important and difficult decisions made in Child Protective Services (CPS). Involving the court too quickly may be a misuse of the authority granted both CPS and the court; and may create an adversarial relationship with parents and children. However, not seeking the authority and protection of the court, when necessary, may constitute a failure to adequately protect the child or properly utilize the authority given to DFCS.

Legal services are provided to county departments by the Special Assistant Attorney General (SAAG) who is appointed by the Office of Attorney General to represent each county department. The expertise of the SAAG in representing the county department, including researching legal questions, consulting on cases, preparing staff to testify, etc., is essential for the SSCM to effectively perform his/her role, especially in relation to dependency and termination proceedings. Thus, the SSCM must make efforts to maintain a good relationship with the SAAG through regular staffing, meetings, information sharing and cross training. The SSCM must be knowledgeable of child welfare laws and policies guiding interaction with the juvenile court and other legal partners. In addition, the SSCM must provide helpful information and timely documentation to the SAAG to ensure the appropriate application of legal processes in support of children and families.

The purpose of this chapter is to provide DFCS staff with applicable state and federal laws, the juvenile court process, other legal procedures and the legal partners involved in child welfare to support making decisions for preserving families and ensuring the safety, permanency and well-being of children.