17.13 Court Transfer of Jurisdiction

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(17) Legal

Policy Title:

Court Transfer of Jurisdiction

Policy Number:

17.13

Previous Policy Number(s):

N/A

Effective Date:

July 2019

Manual Transmittal:

2019-09

Codes/References

O.C.G.A. § 15-11-33 Transfer When Disposition Incorporates Reunification Plan and Parents Reside in Different Counties

Requirements

The Division of Family and Children Services (DFCS) will transfer case management and case planning responsibilities from the transferring county to the receiving county within 30 days of the filing of a transfer order.

The transfer of jurisdiction should only occur when reunification is the permanency plan for the child(ren).

Procedures

The Social Services Case Manager (SSCM) in the transferring county will:

  1. Staff the case with the Social Services Supervisor (SSS), Special Assistant Attorney General (SAAG), the County Director/Designee from the receiving county and the SAAG from the receiving county, prior to requesting the court transfer jurisdiction. During the staffing:

    1. Determine if the transfer supports the reunification outcome;

    2. Discuss case-specific issues.

  2. Review the request with the Office of General Counsel to ensure legal requirements have been met to move forward with filing the petition to transfer jurisdiction;

  3. Immediately contact the county department receiving jurisdiction, once an order for transfer of jurisdiction has been entered by the court, to discuss:

    1. The transfer of the case and other case management responsibilities;

    2. The plan to handle any upcoming case actions such as scheduled reviews, extensions of custody, visits, etc.

  4. Update the case record for transfer, including preparing a transfer summary, as needed, and updating the appropriate pages in Georgia SHINES;

  5. Notify the following of the transfer of jurisdiction:

    1. Any service providers and include instructions for submitting invoices, contact notes or reports;

    2. The Court Appointed Special Advocate (CASA), Guardian Ad Litem (GAL), Judicial Citizen Review Panel (JCRP) Coordinator and any other relevant legal partners that may have not been notified;

    3. The Revenue Maximization (RevMax) Unit via the Notification of Change (NOC) form in Georgia SHINES;

    4. Regional Accounting;

    5. The placement provider and include any implications for attending hearings, reviews, etc., which will be held in the “receiving” county.

    6. Be prepared to provide testimony, in court if requested to do so by the “receiving” county.

The SSCM in the receiving county will:

  1. Assume legal responsibility for the case and ensure the Critical Actions in Managing the Permanency Case are followed;

  2. Consult with the SAAG to determine:

    1. If, and when, an order is needed as a result of the transfer of jurisdiction;

    2. When the next hearing will occur.

  3. Provide case management services as outlined in Chapter 10: Foster Care of the Child Welfare Policy Manual.

Social Services Supervisor

  1. Participate in the staffing with the SSCM and SAAG, prior to requesting a court transfer of jurisdiction.

  2. Ensure the case is transferred within 30 days of the filing of the transfer order.

  3. Ensure the SSCM has provided the proper notifications of the transfer of jurisdiction.

  4. Review the case record and transfer order to provide guidance to the SSCM on how to proceed, upon receipt of a transferred case.

    1. Staff the case with the SSCM and SAAG to determine:

      1. When the next hearing will occur;

      2. The purpose of the hearing;

      3. The information needed prior to the next hearing.

    2. Ensure case management services are provided to the child and family.

Practice Guidance

Transfer of Jurisdiction to the Resident County of the Parent

When contemplating a transfer of jurisdiction, the judge considers whether such transfer accomplishes the intended outcome of reunification and/or is in the best interest of the child. It is not the intent of the statute to transfer legal jurisdiction and case management responsibilities every time a parent moves nor uproot children from stable settings to follow parents wherever temporary residence is established, unless reunification is imminent.

When transferring jurisdiction, the court has 30 days from the filing of the transfer order to provide the receiving court with certified copies of the following:

  1. Adjudication order

  2. Order of disposition

  3. Order of transfer

  4. The case plans

  5. Other court documents deemed necessary.

The transferring court retains jurisdiction until the receiving court acknowledges acceptance of the transfer. Compliance with the transfer of jurisdiction terminates jurisdiction in the transferring court and initiates jurisdiction in the receiving court. If the court transfers jurisdiction, the receiving county department cannot refuse transfer of the case.

Forms and Tools

Critical Actions in Managing the Permanency Case