17.8 Caregiver’s Right to be Notified and Heard

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(17) Legal

Policy Title:

Caregiver’s Right to be Notified and Heard

Policy Number:

17.8

Previous Policy Number(s):

N/A

Effective Date:

January 2021

Manual Transmittal:

2021-01

Codes/References

O.C.G.A. § 15-11-109 Notice of Hearings to Specified Non-Parties
Title IV-E of the Social Security Act § 475(5) (G)
45 CFR Part 1356.21(o)

Requirements

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

  1. Provide foster parent(s) of a child and any pre-adoptive parent, kin (relatives or fictive kin) or other person or entity providing care for the child with timely notice of and a right to be heard in any proceeding to be held with respect to the child during the time the child is in their care.

    Notice of and a right to be heard does not make the caregiver a party to the proceeding.

  2. At least 72 hours in advance of a review or hearing, provide written notice of the date, time, place, and purpose of the review or hearing, including the right to be heard, to the caregivers of a child (i.e., foster or pre-adoptive parents, kin or other placement resources) by United States Postal Service (USPS) mail, e-mail, or hand delivery.

    72 hours advance notice is not required for the preliminary protective hearings or emergency hearings, when such notice is not possible. When written notification cannot be provided, verbal notice shall be provided to the caregiver.

Procedures

Social Services Case Manager

  1. Provide written notification to the child’s caregiver of the hearing/review date and the caregiver’s right to be heard.

    Written notification must be provided via USPS mail, e-mail or hand delivery. When using e-mail transmission use reasonable and appropriate security measures to protect confidential information in accordance with policy 2.6 Information Management: Confidentiality/Safeguarding Information.

  2. Provide verbal notification to the caregiver, when written notification cannot be provided due to a preliminary protective hearing or emergency hearing.

  3. Document notification to the caregiver in the narrative of the Contact Detail page in Georgia SHINES within 72 hours of occurrence, including:

    1. Efforts to contact the caregiver.

    2. The date and method in which the caregiver was notified.

    3. The caregiver’s response to the notification.

    4. Whether the caregiver plans to attend the hearing and if not, why not.

    5. Explanation of the importance of the caregiver attending the hearing and the possibility of the caregiver being subpoenaed (see Practice Guidance: Caregiver’s Right to be Heard)

    6. Whether the caregiver will present verbal or written testimony and/or documentation and if not, why not.

Social Services Supervisor

  1. Provide guidance to the SSCM to ensure timely notification is provided to the caregiver, prior to any hearing or review.

  2. Review Georgia SHINES to verify timely notice has been provided.

Practice Guidance

Caregiver’s Right to be Notified

Caregivers have the right to receive notice of hearings related to the children in their care. DFCS must support the court process by providing written notification to the caregivers to ensure their attendance and to coordinate the attendance of the foster child when appropriate. It is best practice to follow-up verbally with the caregiver by telephone or a face-to-face visit to ensure their understanding. In situations, such as Preliminary Protective Hearings, reasonable notice is required. When notice is received by DFCS less than 72 hours prior to the hearing date, verbal notification must be provided to the caregiver. If a verbal notification is given, concerted efforts must be made to speak directly with the caregiver. Concerted efforts involve making more than one contact, if necessary, and can include the following:

  1. Calling the caregiver at all available contact numbers.

  2. Leaving a detailed voicemail message.

  3. Making a face-to-face visit.

  4. Attempting to contact them at varying times throughout the day.

Caregiver’s Right to be Heard

Caregivers (i.e. foster, adoptive, kin or guardian resources and other placement resources) have the right to be heard at hearings related to the children in their care. The caregiver’s right to be heard at court hearings does not provide them the right to be made a party to the case; individuals who are parties to the case have the right to request an appeal, right to an attorney, and the right to call and cross-examine witnesses.

The SSCM must inform the caregiver that he or she may provide information to the court concerning the child’s care and permanency plan. The SSCM must explain to the caregiver that the court is required to inquire about their view of the child’s health, safety, well-being and service needs highlighting that this information may be provided to the court either through testimony or written documentation. The SSCM must consult with the SAAG to determine the method in which the caregiver will provide information to the court and the timeframe for submission.

The juvenile court is required to make specific findings of fact in its court order related to the caregiver’s notice, attendance, testimony or documentary evidence. Such findings of fact shall include:

  1. Whether the caregiver was provided notice of the hearing or review, including the method, and whether the caregiver expressed an interest in being heard at the hearing or review; and

  2. If the caregiver is present specific information regarding the caregiver’s views, including, but not limited to concerning the child’s: Wellbeing, health and safety; Any changes the caregiver believes are necessary to advance the child’s wellbeing, health and safety; The timeliness, necessity, and quality of services being provided to the child and caregiver; and a summary of documentation presented by the caregiver regarding the child’s wellbeing, health, safety, including, but not limited to reports from physicians, counselors, psychologists, and teachers.

Juvenile Court Hearings

DFCS must ensure caregivers understand the judicial process as it relates to hearings. The SSCM must discuss with the caregiver the type of hearing that is to occur and the purpose of the hearing. It is important to provide the caregiver with an overview of the hearing procedures and requirements of each respective hearing (see policy 17.1 Legal: The Juvenile Court Process). Juvenile Court hearings include Adjudication, Disposition, Case Plan Review, Permanency, Termination of Parental Rights and/or Judicial Citizen Review Panel.

Forms and Tools

Notice to Caregiver (Template)