17.9 Court Review of Custodial Orders

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(17) Legal

Policy Title:

Court Review of Custodial Orders

Policy Number:

17.9

Previous Policy Number(s):

N/A

Effective Date:

September 2017

Manual Transmittal:

2017-11

Codes/References

O.C.G.A § 15-11-58 (i)(2) became obsolete effective 01/01/14. Previous transfers of permanent custody shall continue to be reviewed by the courts.

Requirements

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

  1. Conduct a review of the custodial placement of a child with a relative, non-relative, or out-of-state custodian, agency or organization to determine whether the custodian continues to be qualified to care for the child, when requested by the court;

    This applies to permanent custody orders in effect prior to 1/1/2014.

  2. Complete and submit the review to the court within the following timeframes:

    1. 36 months of the placement and every 36 months thereafter, if the custodian is a relative residing in Georgia; or

    2. 12 months of the placement and every 12 months thereafter, if the custodian is a non-relative, out-of-state individual (relative or non-relative), or an agency/organization.

  3. Conduct a home visit with the custodian and child(ren) during the review process if the placement resource resides in Georgia;

  4. Engage the child privately, away from the custodian and household members, during a portion of the home visit;

  5. Submit a request to the Interstate Compact on the Placement of Children (ICPC) to conduct the review of the custodian, if the custodian resides outside of Georgia and receives a Relative Care Subsidy (RCS). If ICPC denies the request, reviews shall be completed via telephone or other forms of telecommunication;

  6. Utilize the Subsidy or Court Review Six, Twelve, or Thirty-Six Month to document the reviews of custodial placements;

  7. Provide contact information to assist in locating the child and custodian for a court review being conducted by another entity, upon the request of juvenile court.

    1. Requests should be made using the Request for Assistance in Completing Court Review of Child placed in the Temp Custody of Relative, Non-Relative Out-of-State Custodian or Agency until the Age of 18 form.

    2. Response to the court’s request should be made using Response to Request for Assistance in Completing Court Review form.

Procedures

Social Services Case Manager

  1. Consult with the Social Services Supervisor (SSS) upon receipt of a court order to conduct a review or assist another entity with a review of a custodial order.

    1. Review the court order or the Request for Assistance in Completing Court Review of Child placed in the Temp Custody of Relative, Non-Relative Out-of-State Custodian or Agency Until the Age of 18.

    2. Determine the type of custodial placement:

      1. Relative:

        1. Is the relative living in or out of Georgia

        2. Is the relative receiving RCS

      2. Non-relative, agency or organization (Georgia or other state).

    3. Timeframe for completing the review.

  2. Conduct the review to assess the custodian’s or family’s capacity to continue to provide for each child’s safety, well-being and permanency:

    1. Custodians residing within Georgia:

      1. Provide the custodian the Subsidy or Court Review Six, Twelve or Thirty-Six Month form prior to the home visit for completion;

      2. Conduct a home visit and interview the child, custodian and other household members;

        A portion of the interview with the child must be conducted in private and away from the presence of the custodian and other household members.

      3. Obtain from the custodian(s) the completed and signed Subsidy or Court Review Six, Twelve or Thirty-Six Month form and discuss;

      4. Discuss the Relative Care Subsidy Renewal Application and Agreement Terms and Conditions with custodians receiving RCS and obtain their signature.

      5. Contact collaterals including school, health care providers and other relevant parties to obtain or verify information;

        An Authorization for Release of Information form must be signed by the custodian before any contact is made with collaterals.

      6. Obtain signature(s) of approval and provide the custodian an approved copy of the:

        1. Subsidy or Court Review Six, Twelve or Thirty-Six Month form; and

        2. Relative Care Subsidy Renewal Application and Agreement (if applicable).

      7. Submit to juvenile court the Subsidy or Court Review Six, Twelve, or Thirty-Six Month form.

    2. Custodians receiving RCS residing outside of Georgia:

      1. Complete an ICPC Request to conduct a home visit to interview the custodian, child(ren) and other household members to complete the court review (see policy 15.2 Interstate Compact on the Placement of Children: Court Jurisdiction Cases). In addition to the required ICPC documents include the following with the ICPC request:

        1. Subsidy or Court Review Six, Twelve or Thirty-Six Month form

        2. Relative Care Subsidy Renewal Application and Agreement

      2. Provide the custodian the Subsidy or Court Review Six, Twelve or Thirty-Six Month form and Relative Care Subsidy Renewal Application and Agreement prior to the scheduled home visit from the out-of-state case worker;

      3. Obtain from ICPC or the custodian(s) the completed and signed Subsidy or Court Review Six, Twelve or Thirty-Six Month form. Discuss the provided information with the custodian(s);

      4. Discuss the Relative Care Subsidy Renewal Application and Agreement Terms and Conditions with custodians and obtain their signature of approval.

      5. Contact collaterals including the school, health care providers and other relevant parties to obtain or verify information;

        An Authorization for Release of Information form must be signed by the custodian before any contact is made with collaterals.

      6. Obtain signature(s) of approval and provide the custodian an approved copy of the:

        1. Subsidy or Court Review Six, Twelve or Thirty-Six Month form; and

        2. Relative Care Subsidy Renewal Application and Agreement.

      7. Submit to juvenile court the Subsidy or Court Review Six, Twelve, or Thirty-Six Month form.

    3. Custodians residing outside of Georgia and ICPC has denied the request to complete the court review or the custodian doesn’t receive RCS.

      1. Prior to the telephone/telecommunications interview provide the custodian the Subsidy or Court Review Six, Twelve or Thirty-Six Month form and Relative Care Subsidy Renewal Application and Agreement (if applicable). Obtain the completed form(s) from the custodian(s).

      2. Interview by telephone or other telecommunications (i.e. Skype) the following:

        1. The custodian, child(ren) (when age and developmentally appropriate), and household members;

        2. Discuss information included in the Subsidy or Court Review Six, Twelve or Thirty-Six Month form.

        3. Discuss the Relative Care Subsidy Renewal Application and Agreement Terms and Conditions.

      3. Contact collaterals including the school, health care providers and other relevant parties to obtain or verify information;

        An Authorization for Release of Information form must be signed by the custodian before any contact is made with collaterals.

      4. Obtain signature(s) of approval and provide the custodian an approved copy of the:

        1. Subsidy or Court Review Six, Twelve or Thirty-Six Month form; and

        2. Relative Care Subsidy Renewal Application and Agreement (if applicable).

      5. Submit to juvenile court the Subsidy or Court Review Six, Twelve, or Thirty-Six Month form

    4. Custodians or child who cannot be located and DFCS has been designated by the court to conduct the review.

      1. Notify the court designee, within 72 hours that the child or custodian cannot be located, and that a subsequent report will follow detailing efforts to locate;

      2. Conduct diligent efforts to locate the child or custodian as outlined in policy 19.21 Case Management: Unable to Locate;

      3. Assist the custodian with efforts to locate the child, if the child is missing (see policy 19.22 Case Management: Missing Children); and

      4. Complete and submit to the court the Court Transfer Review (12/36 Month) Diligent Search from based on information obtained from the family and collaterals.

  3. Assist other entities assigned in locating the child and custodian for a court review being conducted by another entity, upon the request of juvenile court.

    1. Conduct an ACCURINT database search for the child(ren) and relatives;

      The ACCURINT report must not be given to the court or other entity completing the court review.

    2. Complete a case record review for information on the child(ren) and relatives;

    3. Complete and submit to juvenile court the Response to Request for Assistance in Completing Court Review form providing the custodian’s contact information obtained from search.

    4. Document all activities related to the court’s request for assistance in Georgia SHINES within 72 hours of occurrence, including uploading any forms into External Documentation.

Social Services Supervisor

  1. Conduct a supervisor staffing with the SSCM to determine how to proceed with a request for review of the custodial placement or a request for assistance in locating a custodian and child for a review by another entity;

  2. Review and approve the following, as applicable:

    1. Subsidy or Court Review Six, Twelve or Thirty-Six Month;

    2. Relative Care Subsidy Renewal Application and Agreement;

    3. Court Transfer Review (12/36 Month) Diligent Search;

    4. Response to Request for Assistance in Completing Court Review form.

  3. Ensure timely submission of the review or response to the juvenile court.

Practice Guidance

When conducting the review to determine if a custodian continues to be qualified to provide care for the child, always assess the caregiver’s protective capacity and child vulnerabilities to determine child safety, permanency and well-being. This includes reviewing all information from interviews with the family, and provided by collaterals to determine whether:

  1. The child’s health, emotional and behavioral needs being met.

  2. The child’s educational needs being met.

  3. The child receives appropriate services when there are identified needs.

  4. The child is thriving in the care of the custodian.

  5. The living environment is safe, or if there are immediate threats or harm or emerging dangers.

  6. There are competing needs within the family impacting the custodian’s ability to continue to provide appropriate care for the child.

Forms and Tools

Authorization for Release of Information
Authorization for Release of Information - Spanish
Court Transfer Review (12/36 Month) Diligent Search
ICPC Letter for Custodial/Subsidy Reviews - Sample
Relative Care Subsidy Renewal Application and Agreement
Request for Assistance in Completing Court Review of Child placed in the Temp Custody of Relative, Non-Relative Out-of-State Custodian or Agency Until the Age of 18
Response to Request for Assistance in Completing Court Review
Notification Letter to Custodian/Guardian for 12 or 36 Month Review - Sample
Subsidy or Court Review Six (6), Twelve (12) or Thirty-Six (36) Month