17.5 Continuances

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(17) Legal

Policy Title:

Continuances

Policy Number:

17.5

Previous Policy Number(s):

N/A

Effective Date:

July 2019

Manual Transmittal:

2019-09

Codes/References

O.C.G.A. § 15-11-110 Continuance of a Hearing in Dependency Proceedings

Requirements

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

  1. Request a continuance only when in the best interest of the child.

  2. Ensure that no continuance interferes with the required court findings and timeliness of review and permanency plan hearings for Title IV-E.

Procedures

Social Services Case Manager

  1. Participate in a staffing with the Social Services Supervisor (SSS) and Special Assistant Attorney General (SAAG) prior to requesting a continuance to:

    1. Determine whether “good cause” to continue the case exists;

    2. Discuss the implications of the continuance on the case and the child’s safety and well-being;

    3. Determine the next steps to ensure the hearing is held as expeditiously as possible.

  2. Notify the SAAG, prior to any continuance being granted, if the continuance would cause DFCS to be out of compliance with Title IV-E “reasonable efforts” findings, six-month review requirements or permanency plan hearing requirements.

    If the continuance would prevent a reasonable efforts finding within the first 60 days of the child’s removal, the SAAG should request a hearing for the purpose of reviewing reasonable efforts.

  3. Complete the following, if a continuance is granted that leads to a permanency plan hearing not being held within six months of a previous hearing:

    1. Request the SAAG ask the court to schedule an immediate Judicial Citizen Review Panel (JCRP), if held in the county/circuit;

    2. Contact the JCRP Coordinator to schedule a JCRP no later than the following (seventh) month if JCRPs are held in your county; or

    3. Conduct a DFCS Panel Case Review (see policy 17.2 Legal: Case Review/Permanency Plan Hearings), if JCRPs are not held in the county/circuit.

  4. Request the SAAG obtain the earliest possible date for the permanency plan hearing, if a continuance is granted that leads to a permanency plan hearing not being held within twelve months of a child’s removal from the home or twelve (12) months from the previous permanency plan hearing.

  5. Notify the Revenue Maximization (RevMax) Unit via the Notification of Change (NOC) and update the Legal Action and Outcomes Detail page in Georgia SHINES:

    1. If a continuance is granted and delays reasonable efforts to prevent removal finding beyond sixty days of the child’s removal from foster care;

      The child would not be eligible for IV-E funding during this foster care episode (see policy 9.5 Eligibility: Reasonable Efforts).

    2. If a continuance is granted that leads to a permanency plan hearing not being held within twelve months of a child’s removal from the home or at least every 12 months thereafter.

      The child loses IV-E reimbursability until a permanency plan hearing is held and a finding of “reasonable efforts to finalize the permanency plan” is made (see policy 9.5 Eligibility: Reasonable Efforts).

Social Services Supervisor

  1. Conduct a staffing with the SSCM and SAAG prior to a request for a continuance.

  2. Encourage the SAAG to ensure that the hearing and/or review timeframes comply with Title IV-E.

  3. Ensure RevMax is notified of any continuances via the NOC.

Practice Guidance

Child’s Interests

Upon request of an attorney for a party, the court may continue any hearing beyond the time limit in which it is required to be held unless the continuance is contrary to the interests of the child.

In considering a child’s interests, the court shall give substantial weight to:

  1. A child’s need for prompt resolution of his/her custody status.

  2. The need to provide a child with a stable environment.

  3. The damage to a child of prolonged temporary placements.

Good Cause

Continuances shall be granted only upon showing of good cause and only for a period of time shown to be necessary by evidence presented at the hearing. Whenever any continuance is granted, the facts proving the need for the continuance shall be entered into the court record.

The following situations shall not constitute good cause for a continuance:

  1. A stipulation between attorneys or the convenience of the parties.

  2. Except as provided by judicial reviews governing attorney conflict resolution, a pending criminal prosecution or family law matter.

  3. The need for discovery unless the court finds that a person or entity has failed to comply with an order for discovery.

Forms and Tools

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