19.7 Avoiding Conflicts of Interest When Approving Caregivers | CWS

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(19) Case Management

Policy Title:

Avoiding Conflicts of Interest When Approving Caregivers

Policy Number:

19.7

Previous Policy Number(s):

14.25

Effective Date:

May 2024

Manual Transmittal:

2024-03

Codes/References

O.C.G.A. § 45-10-01 Code of ethics for government service generally
O.C.G.A. § 45-10-20 Definitions
O.C.G.A. § 45-10-23 Full-time employees prohibited from transacting business with own state agency; exception for Board of Regents employees
O.C.G.A. § 45-10-24 Part-time public officials with state-wide powers prohibitions; part-time employees prohibitions; exceptions to prohibitions
O.C.G.A. § 45-10-25. Exceptions to prohibitions on transactions with state agencies

Requirements

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

Make every effort to avoid even the appearance of a conflict of interest wherein a reasonable person would conclude from the circumstances that an employee’s ability to perform official duties is compromised by personal interests. This also applies to individuals who have a business relationship with DFCS, including but not limited to the following:
1. DFCS contractors (e.g., parent aids, foster home development contractors, wrap- around providers, independent living providers, transitional living providers);
2. Treatment/service providers (e.g., therapists);
3. Owners, operators, employees, or contractors of a Child Placing Agency (CPA);
4. Owners, operators, employees, or contractors of a Child Caring Institution (CCI); and
5. Owners, operators, employees, or contractors of a Psychiatric Residential Treatment Facility (PRTF).
Require DFCS employees and individuals who have a business relationship with DFCS to disclose any potential conflicts of interest to DFCS prior to taking any action to become the caregiver for a child involved in an active DFCS child welfare case.

Allow DFCS employees and individuals who have a business relationship with DFCS to serve as temporary caregivers for children involved in an active child welfare case when they are relatives of the children.

Authorization of the caregiver arrangement must be obtained from the applicable supervising authority:
1. Regional Director (DFCS employees)
2. OPM Director (CPA/CCI employees)
3. Delivered Services Unit Director (employees of contractors)

Relatives who serve as foster parents shall serve as foster parents for an agency outside of their business area and/or relationships.

It is preferred that DFCS employees choose to serve as foster parents for a CPA rather than DFCS and the decision should be made in consultation with the applicable supervising authority (i.e., Regional Director, OPM Director, Delivered Services Unit Manager).

Kinship Assessments on DFCS employees and individuals who have a business relationship with DFCS must be completed and approved by a DFCS county office or region outside of the employee/individual’s area of responsibility as assigned by the Regional Director.

In emergency situations, an abbreviated Kinship Assessment (see policy 22.03 Kinship: Kinship Assessment) may be initiated by the legal county to facilitate immediate placement with a kinship caregiver, then referred to an outside DFCS county office for completion. Placement must be preapproved by the Director of the county where the child will reside (i.e., boarding county).

Allow DFCS employees and individuals who have a business relationship with DFCS to serve as temporary caregivers for children involved in an active child welfare case when they are fictive kin of the children.
1. Authorization must be obtained from the Division Director.
2. Fictive kin who serve as foster parents shall serve as a foster parent for an agency outside of their business area and/or relationships:
Restrict DFCS employees who work in a child welfare program area from serving as temporary caregivers for children involved in an active child welfare case when they are not relatives or fictive kin of the children.

Exceptions to this requirement may be granted by the Division Director.
Allow DFCS employees who do not work in a child welfare program area (e.g., OFI) and individuals who have a business relationship with DFCS to serve as foster parents. Authorization is required from the Regional Director.
Allow DFCS employees and individuals who have a business relationship with DFCS to serve as permanent caregivers (i.e., adoptive parents, permanent legal guardians) for children in DFCS custody.
1. If DFCS employees or individuals with a business relationship with DFCS have provided services to a child or the child’s family as part of any child welfare case (open or closed), then authorization must be obtained from the Deputy Commissioner, Child Welfare and the Division Director.
2. If an individual was previously approved as a temporary caregiver for the same child, then no additional approval is needed to initiate the process to become a permanent caregiver.
Restrict caregivers from serving simultaneously as caregivers for DFCS and a CPA. Caregivers may only serve for one agency at a time.
Require DFCS employees and individuals who have a business relationship with DFCS to refrain from providing any case management or support services to or on behalf of any child or family involved in an active child welfare case when they are serving as a caregiver for such children.
Transfer all case management activities related to cases involving DFCS employees (in a caregiving role) to a DFCS county office or region outside of the employees’ area of responsibility as assigned by the Regional Director. This includes all case contacts, reviews, staffing, supervision, etc.

Procedures

DFCS Child Welfare Employees who are Relatives of the Child

The County Director will:

Submit requests for authorization to proceed with the caregiver onboarding process to the applicable Regional Director.
After receiving written authorization to proceed with the caregiver onboarding process from the Regional Director:
1. Upload the written authorization to proceed to External Documentation in Georgia SHINES.
2. Mark a case sensitive in Georgia SHINES.

The Regional Director will:

Review requests to proceed with the caregiver onboarding process when the potential for a conflict of interest exists.
1. Assess the circumstances surrounding each individual case.
2. Request additional information from the requestor as needed.
Make the final decision whether to authorize the caregiver onboarding process.
Notify the County Director/Designee in writing whether authorization to proceed with the caregiver onboarding process has been granted.

DFCS Child Welfare Employees who are Fictive Kin of the Child

The County Director will:

Submit requests for authorization to proceed with the caregiver onboarding process to the applicable Regional Director
After receiving written authorization to proceed with the caregiver onboarding process from the appropriate authority:
1. Allow the onboarding process to proceed.
2. Upload the written authorization to proceed to External Documentation in Georgia SHINES.
3. Mark a case sensitive in Georgia SHINES.

The Regional Director will:

Review requests to proceed with the caregiver onboarding process when the potential for a conflict of interest exists.
1. Assess the circumstances surrounding each individual case.
2. Request additional information from the requestor as needed.
3. Make a recommendation regarding whether the request should proceed.
Submit the request to the District Director for review and recommendation.
Submit to the dfcs-waiver@dhs.ga.gov for final authorization if the District Director is in agreement to proceed with the request. Copy the District Director on the request.

The Caregiver and Wellbeing Coordination Section will:

Review requests to proceed with the caregiver onboarding process when the potential for a conflict of interest exists.
1. Assess the circumstances surrounding each individual case.
2. Request additional information from the requestor as needed.
3. Make a recommendation regarding the request.
Submit requests to proceed with the caregiver onboarding process to include the recommendation, to the Child Welfare Deputy Commissioner for review and submission to the Division Director for final authorization.
Notify the District, Regional and County Director in writing whether authorization to proceed with the caregiver onboarding process has been granted.

While DFCS child welfare employees who are not relatives or fictive kin are restricted from serving as foster parents, if they request an exception to this restriction procedures for fictive kin should be followed.

DFCS Employees not in a Child Welfare Program Area and Individuals (who are not Relatives or Fictive Kin) with a Business Relationship with DFCS

The County Director will:

Submit requests for authorization to proceed with the caregiver onboarding process to the applicable Regional Director.
After receiving written authorization to proceed with the caregiver onboarding process from the Regional Director:
1. Allow the onboarding process to proceed.
2. Upload the written authorization to proceed to External Documentation in Georgia SHINES.
3. Mark a case sensitive in Georgia SHINES.

The Regional Director will:

Review requests to proceed with the caregiver onboarding process when the potential for a conflict of interest exists.
1. Assess the circumstances surrounding each individual case.
2. Request additional information from the requestor as needed.
Make the final decision whether to authorize the caregiver onboarding process.
Notify the County Director in writing whether authorization to proceed with the caregiver onboarding process has been granted.

CPA/CCI Employees who are Relatives and Fictive Kin of the Child

CPA/CCI Director will:

Submit requests for authorization to proceed with the caregiver onboarding process to opm.leadership@dhs.ga.gov.
Ensure written approval is obtained from DFCS prior to evaluating a prospective caregiver.
Control access to case information when a staff member is serving as a caregiver for any child associated with an active DFCS child welfare case.

OPM will:

Review requests to proceed with the caregiver onboarding process when the potential for a conflict of interest exists.
1. Assess the circumstances surrounding each individual case.
2. Request additional information from the requestor as needed.
If the prospective caregiver is related to a child in an active case:
1. Make the final decision whether to authorize the caregiver onboarding process.
2. Notify the CPA/CCI in writing whether authorization to proceed with the caregiver onboarding process has been granted.
If the prospective caregiver is fictive kin, submit the request to the Designated State Office Section for review and submission to the Deputy Commissioner for Child Welfare and the Commissioner for final authorization.

The Caregiver and Wellbeing Coordination Section will:

Review requests to proceed with the caregiver onboarding process when the potential for a conflict of interest exists.
1. Assess the circumstances surrounding each individual case.
2. Request additional information from the requestor as needed.
3. Make a recommendation regarding the request.
Submit requests to proceed with the caregiver onboarding process to include the recommendation, to the Child Welfare Deputy Commissioner for review and submission to the Division Director for final authorization.
Notify the CPA/CCI in writing whether authorization to proceed with the caregiver onboarding process has been granted.

Employees of DFCS Contractors who are Relatives or Fictive Kin of the Child

If the inquiry is initiated through the DFCS County Office, the County Director will:

Submit requests for authorization to proceed with the caregiver onboarding process to the Delivered Services Unit Director via DSUsupport@dhs.ga.gov.
After receiving written authorization to proceed with the caregiver onboarding process from the appropriate authority, allow the onboarding process to proceed.
1. Allow the onboarding process to proceed.
2. Upload the written authorization to proceed to External Documentation in Georgia SHINES.
3. Mark a case sensitive in Georgia SHINES.

If the inquiry is initiated through the CPA/CCI, the CPA/CCI will:

Submit requests for authorization to proceed with the caregiver onboarding process to the Delivered Services Unit Director via DSUsupport@dhs.ga.gov.
After receiving written authorization to proceed with the caregiver onboarding process from the appropriate authority, allow the onboarding process to proceed.

The Delivered Services Unit Director will:

Review requests to proceed with the caregiver onboarding process when the potential for a conflict of interest exists.
1. Assess the circumstances surrounding each individual case.
2. Request additional information from the requestor as needed.
If the request is regarding a relative of the child,
1. Make the final decision whether to authorize the caregiver onboarding process.
2. Notify the County Director or CPA/CCI in writing whether authorization to proceed with the caregiver onboarding process has been granted.
If the request is regarding fictive kin:
1. Submit requests to proceed with the caregiver onboarding process to include the recommendation, to the Child Welfare Deputy Commissioner for review and submission to the Division Director for final authorization.
2. Notify the County Director or CPA/CCI in writing whether authorization to proceed with the caregiver onboarding process has been granted.

Practice Guidance

Conflicts of Interest

A conflict of interest may exist when employees engage in activities that may financially or otherwise enhance themselves, members of their kinship circle, or individuals with whom they are personally or financially involved. Due to their knowledge, access to information, and ability to take certain actions in their official capacity as departmental employees, DFCS employees and its business associates can exercise influence in child welfare cases. That being the case, each has a duty to safeguard the trust placed in them by DFCS and the citizens of the state of Georgia. Therefore, none is permitted to make an improper profit from the exercise of their official duties and responsibilities. A conflict of interest may exist when no actual profit is made by an individual; the opportunity for profit or benefit alone may create the conflict.

A conflict of interest may arise from a circumstance or situation, and not an activity. Its elements are the opportunity for enhancement by a transaction, and opportunity to influence that transaction as an employee, business associate, service provider, etc.

A conflict of interest may also arise when a DFCS employee or business associate engages in an outside activity which, while not necessarily incompatible or inconsistent with official duties, is or becomes so extensive that it interferes with the proper and full-time performance of official departmental duties.

Reason for restrictions on who can serve as temporary caregivers

The reason for placing restrictions on who can serve as temporary caregivers for children involved in active child welfare cases is to reduce the potential for conflict-of-interest situations. These restrictions serve as a protection for all parties involved. To account for special situations, there is a mechanism for making exceptions to the restrictions on a case-by-case basis.

Reason for restrictions on who can serve as adoptive parents

DFCS employees and those who have a business relationship with DFCS encounter a lot of families during their career. Some of those encounters may involve participation in agency intervention that results in a child being removed from the custody of their family. For a DFCS employee or individual who has a business relationship with DFCS to later become the new family for such a child can have the appearance of impropriety. Real or imagined, such negative perceptions of the agency’s work can produce conflict that detracts from the agency’s mission. DFCS employees and those that partner with them to provide child welfare services know firsthand the importance of a child having consistent nurturing parental figures and family life. Consequently, it is only natural for such helping professionals to want to provide a stable, permanent home for a child whose family is unable or unwilling to do so. Therefore, DFCS and all its partners must take every precaution to promote transparency when it comes to personal involvement in the lives of the families they serve. This requires individuals to have open and honest dialogue with their leadership about their interest in adoption. It also requires individuals to have honest self-reflection about their feelings toward a child’s family and their motives for adoption. To avoid the appearance of preferential treatment, prevent accusations of sabotage against co-workers, and to protect employee privacy, the adoptive process must not be handled by an employee’s home office. Instead, it must be handled by an objective party with no motive other than to find the most appropriate family for a child in need.

Forms and Tools

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