17.6 Public Access to Dependency Proceedings

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(17) Legal

Policy Title:

Public Access to Dependency Proceedings

Policy Number:

17.6

Previous Policy Number(s):

N/A

Effective Date:

July 2019

Manual Transmittal:

2019-09

Codes/References

O.C.G.A. § 15-11-700 Admission to Hearings of General Public and Media
Title IV-E of the Social Security Act §§ 471a (8) and 471(c)
Public Law (PL) 93-247 Child Abuse Prevention and Treatment Act (CAPTA) of 1974
PL 109-171 Deficit Reduction Act of 2005

Requirements

The Division of Family and Children Services (DFCS) will comply with State law and ensure the safety and well-being of children, parents and families when considering whether the public should have access to court proceedings.

In the use of child welfare records in court proceedings, section 471 (a) (8) of the Social Security Act shall not be construed to limit the flexibility of a State in determining policies relating to public access to court proceedings to determine child abuse and neglect or other court hearings held pursuant to Title IV-B or Title IV-E of the Act, except that such policies shall, at a minimum, ensure the safety and well-being of the child, parents, and family.

Procedures

The Social Service Case Manager (SSCM) will:

  1. Staff cases with the Social Services Supervisor (SSS) and Special Assistant Attorney General (SAAG) prior to any court hearing (see policy 19.6 Case Management: Supervisory Staffing).

    1. Inform the SAAG if Protected Health Information (PHI) will be disclosed during the hearing (see policy 2.5 Information Management: Health Insurance Portability and Accountability Act (HIPAA).

    2. Discuss with the SAAG whether a motion should be filed to request for the hearing to be closed (See Practice Guidance: Filing a Motion to Close the Hearing). A motion can be filed to close a hearing if the following situations exist:

      1. The allegation of the case involves a sexual offense.

      2. The presence of potential individuals is not in the best interest of the child based on the child’s age or the nature of the allegations.

      3. There is a need to protect the privacy of the child, foster parent, caretaker or a victim of domestic violence.

  2. Provide testimony and documentation to the court regardless of whether the hearing is open or closed. The following information should be presented in court:

    1. PHI necessary to prove dependency;

    2. Specific PHI ordered by the court;

    3. Responses to questions on cross-examination; and

    4. Responses to questions from the judge.

  3. Maintain the confidentiality of the reporter’s name and identity, unless ordered by the court.

Social Services Supervisor

  1. Staff the case with the SSCM and SAAG prior to any court hearing.

  2. Assist the SSCM in determining what to present when testifying in court.

  3. Attend court hearings to provide guidance and support to the SSCM, as needed.

Practice Guidance

Filing a Motion to Close the Hearing

During the staffing with the SSS and SAAG, determine whether the SAAG needs to file a motion to request a closed hearing or to request certain individuals be excluded. Consideration should be given to the following:

  1. The extent of disclosure necessary for the purposes of the court hearing with the goal of disclosing only that which is minimally necessary, if PHI is involved.

    The subject of the PHI has a right to object to the disclosure of their PHI, making it necessary for the court to hold a hearing and make a ruling on the matter.

  2. The age of the child, nature of the allegations and overall facts of the individual case.

  3. The need to protect the privacy of any child, foster parent, caretaker or victim of domestic violence involved in the case.

  4. Documentation in the record to support the decision regarding a motion to close the hearing.

    Not all requests to close hearings or to exclude certain individuals will be granted; therefore, staff should be prepared to continue to provide documentation and testimony to the court.

Closing a Hearing or Excluding Individuals from a Hearing

The court may choose to close a court proceeding by issuing a signed order, which includes a finding that:

  1. The case involves allegations of a sexual offense; or

  2. Closing the proceeding is in the best interest of the child.

Rather than closing the hearing, the court may exclude certain individuals from the hearing on its own motion or by motion of any party, including the child who is the subject, if a finding is made that the person’s presence would:

  1. Be detrimental to the best interest of the child;

  2. Impair the fact-finding process; or

  3. Otherwise be contrary to the interest of justice.

Best Interest Determination Regarding Closing a Hearing

To make a determination around the best interest of the child, the court and DFCS should consider factors such as:

  1. The age of the child;

  2. The nature of the allegations;

  3. The effect an open hearing will have on the court’s ability to reunite and rehabilitate the family; and

  4. Whether closure is necessary to protect the privacy of a child, foster parent, and/or other caretakers of a child or of a victim of domestic violence.

Forms and Tools

N/A