20.0 Introduction to Special Circumstances

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(20) Special Circumstances

Policy Title:

Introduction to Special Circumstances

Policy Number:

20.0

Previous Policy Number(s):

N/A

Effective Date:

December 2021

Manual Transmittal:

2021-06

Codes/References

O.C.G.A. § 15-11-131 Temporary Protective Custody of Child by Physician Without Court
Order and Without Parental Consent; Immunity
O.C.G.A. § 15-11-130 (a) Emergency Care and Supervision of Child Without Court Order (Short-Term Emergency Care)
O.C.G.A. § 15-11-380 thru §15-11-450 Child in Need of Services
O.C.G.A. § 19-8-4 Adoption Through the Department, Child-Placing Agency, or Out-of-state Licensed Agency
O.C.G.A. § 19-10A Safe Place for Newborns Act
O.C.G.A. § 20-2-785 Referral and Assessment to Determine Whether Withdrawal Was to Limit Education
O.C.G.A. § 49-5-8 Powers and Duties of the Department
45 CFR Part 135.22 Voluntary Placement Agreement
Public Law (PL) 114-198 Comprehensive Addiction and Recovery Act (CARA) of 2016

Discussion

As the designated child welfare agency in Georgia, the Division of Family and Children Services (DFCS) is legally mandated to investigate reports of known or suspected instances of child abuse; including physical or mental injury, sexual abuse or exploitation, or negligent treatment/maltreatment under circumstances that indicate the child’s health or welfare is threatened. Federal and state laws also identify other distinct conditions that must be evaluated, addressed, or are allowable under the law related to child welfare that DFCS manages. These unique situations as classified a special circumstance.

Types of Special Circumstances

There are two types of special circumstances; the first of which includes no allegations of maltreatment. These assessments are not considered Child Protective Services (CPS) investigations and there is no maltreatment finding. These include:

  1. Child Withdrawn From Public School: This assessment is limited by the law to determining whether the school withdrawal was to avoid educating the child when the child has not attended school for a period of 45 days or more and there is no record of a Home Study Program Declaration of Intent Form filed with the Georgia Department of Education (GaDOE).

  2. Juvenile or Superior Court: Generally, these situations include a request by the court for DFCS to evaluate a home, assess family dynamics, conduct interviews, etc. These requests could be a result of DFCS filing a petition with the court or a private dependency case.

  3. Child in Need of Services (CHINS): When a child is identified as in need of care, guidance, counseling, structure, supervision, treatment, or rehabilitation due to certain behaviors or conditions and adjudicated as a CHINS by juvenile court, DFCS may be ordered to complete an assessment of family functioning, provide services, take custody of the child, or become a plan manager for an unrestorably incompetent youth.

  4. Safe Place for Newborns: This law provides an opportunity for mothers in crisis to safely relinquish their newborn babies to designated locations where the babies are protected from endangerment; providing mothers with an alternative without fear of being prosecuted for abandonment or neglect. DFCS is required to assume physical and legal custody of the newborn within six hours of an intake report meeting Safe Place for Newborns criteria.

  5. Infants Prenatally Exposed to Substances: Infants identified as affected by prenatal exposure to substances are assessed for any health and developmental needs along with an assessment of the health and substance use disorder needs of parents and their families. Following identification of needs, a Plan of Safe Care is developed and implemented with the family to address child and family well-being.

  6. Voluntary Placement of a Child in Foster Care: DFCS may recognize that a family is experiencing a short-term crisis unrelated to safety or maltreatment, and at its discretion provide foster care services through the use of a Voluntary Placement Agreement for a period of 90 calendar days without a court order. An assessment of family functioning is completed to inform the case plan addressing the need for placement (permanency) and well-being.

  7. Voluntary Surrender of Parental Rights: DFCS may, at its discretion utilize a voluntary surrender of parental rights when a parent wishes to place their child, who is not in foster care, for adoption. Prior to accepting a voluntary surrender of parental rights DFCS must fully disclose to the parent(s) about the impact of the decision; explore alternative plans, determine whether adoption is a viable plan for the child, and examine the parent’s ability make an informed decision about a voluntary surrender.

  8. Short Term Emergency Care (Emergency or Illness): When a parent has an emergency or illness requiring immediate care and supervision of a child, DFCS may provide emergency care and supervision to the child without a court order for a period not to exceed seven calendar days through the use of Short Term Emergency Care.

The other types of special circumstances are situations containing allegations of maltreatment and are therefore required to be completed as a CPS Investigation in accordance with policy 5.1 Investigations: Conducting an Investigation. These include:

  1. Short Term Emergency Care-Human Trafficking (Labor or Sexual Servitude): DFCS may provide emergency care and supervision to any child without seeking a court order for a period not to exceed seven calendar days when the child is a victim of human trafficking (labor or sexual servitude) under certain circumstances. Prior to executing a STEC for a human trafficking situation DFCS must determine that the circumstances meet the specific criteria for this type of special circumstance. In addition, as human trafficking is a form of maltreatment an investigation must be active or previously conducted concerning the human trafficking allegations.

  2. Temporary Custody of a Child Taken by a Physician Without a Court Order and Without Parental Consent: A physician may take temporary protective custody a child without a court order or parental consent when he/she has reasonable cause to believe that the child is in a circumstance or condition that presents imminent danger to the child’s life or health as a result of suspected abuse or neglect; or he/she determines there is reasonable cause to believe that the child has been abused or neglected and there is not sufficient time for a court order to be obtained for temporary custody of the child before the child may be removed from the presence of the physician. DFCS must assume physical custody of the child within six hours of the physician taking custody and begin assessing the circumstances or conditions that present an imminent danger to the child’s life or health as a result of suspected abuse.