20.1 Child Withdrawn from Public School

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(20) Special Circumstances

Policy Title:

Child Withdrawn from Public School

Policy Number:

20.1

Previous Policy Number(s):

N/A

Effective Date:

November 2023

Manual Transmittal:

2023-03

Codes/References

O.C.G.A. § 19-7-5 Reporting of Child Abuse
O.C.G.A. § 20-2-785 Referral and Assessment to Determine Whether Withdrawal Was to Limit Education
O.C.G.A. § 49-5-40 Definitions; Confidentiality of Records; Restricted Access to Records
O.C.G.A. § 49-5-41 Persons and Agencies Permitted to Access Records

Requirements

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

  1. Complete an assessment to determine if the reason a child(ren) was withdrawn from public school was to avoid educating the child when:

    1. A Home Study Program Declaration of Intent Form was not filed with the Georgia Department of Education (GaDOE); and

    2. That child stops attending school for a period of 45 days or more.

  2. Conduct a face-to-face visit with the parent(s) and the child who was withdrawn from school within five weekdays of receipt of the intake report.

  3. Terminate the assessment immediately upon verifying the parent(s) filed the Home Study Program Declaration of Intent Form with GaDOE.

  4. Complete the assessment within 45 calendar days of receipt of the intake report.

  5. Conduct efforts to locate a family when they cannot be located or have moved to an unknown location (see policy 19.21 Case Management: Unable to Locate).

  6. Immediately report any new, known, or suspected instances of child abuse to the CPS Intake Communications Center (CICC) as outlined in policy 3.24 Intake: Mandated Reporters.

  7. Document case activities in Georgia SHINES within 72 hours of the occurrence.

Procedures

Social Services Case Manager

  1. Contact the GaDOE at homeschool@doe.k12.ga.us to determine if a Home Study Program Declaration of Intent Form is on file, provide the following information:

    1. Parent(s) name

    2. Child(ren) name

    3. Address

    If GaDOE confirms a Home Study Program Declaration of Intent Form has been filed terminate the assessment.

  2. Arrange for language assistance (interpreter and/or translation services) for individuals identified as limited English proficient (LEP) and auxiliary aids for sensory impaired individuals in accordance with policy 1.4 Administration: Non-Discriminatory Child Welfare Practices.

  3. Conduct a face-to-face contact with each child who was withdrawn and stopped attending public school, gather the following information:

    1. The reason he/she was withdrawn and/or stopped attending public school;

    2. What educational activities or programs he/she has participated in and who is providing the educational activities since he/she was withdrawn and stopped attending public school (ex: home study program, etc.);

    3. If he/she is attending school (ex: moved to a different school, online classes); and

    4. If he/she is aware of any plan the family has regarding their education.

  4. Conduct a face-to-face contact with the parent(s):

    1. Explain that the reason for DFCS’ involvement is due to the child being withdrawn and has not attended school for 45 days or more, including that:

      1. Verification of how the child is being educated must be provided to DFCS; and

      2. Failure to provide verification of the child’s education will result in further Child Protective Services (CPS) involvement for educational neglect.

    2. Explore the circumstances that led to the child(ren) being withdrawn and not attending school for 45 days or more, as required by law;

    3. Inquire about what the parent(s) has been doing to educate the child(ren) since the child(ren) was withdrawn and has stopped attending public school:

      1. The educational activities/programs the child has been participating in and who is providing it (ex: home study program, enrolled in a different school, online classes, etc.).

      2. The plan moving forward to continue the child(ren)'s education (ex: home study program, moving to a different school enroll in public or private school, etc.). If the plan is to homeschool the child, whether the Home Study Program Declaration of Intent Form has been filed.

  5. Obtain verification that the child is being educated if the parent(s) indicated the child(ren) has been educated following the withdrawal from public school. See Practice Guidance Assessment of School Withdrawal and Absences for examples of verifications.

  6. Upload any educational verification to Georgia SHINES External Documentation.

  7. Discuss the information gathered with the Social Services Supervisor (SSS). When verification of the child’s education could not be obtained, determine whether:

    1. The absences/withdrawal of a child(ren) from public school was to avoid educating the child; and

    2. A CPS report should be made to CICC for educational neglect due to the parent(s)' failure to educate the child.

  8. Refer the issue to the local school system if it is determined that truancy is the reason for the child not attending school.

  9. Conclude the assessment:

    1. Upon verifying that the child is being educated;

    2. Upon verifying that a Home Study Program Declaration of Intent Form has been filed with GaDOE; or

    3. The parent(s) fails to demonstrate that the child is being educated and a new report alleging educational neglect was made to CICC in accordance with policy 3.24 Intake: Mandated Reporters.

  10. Submit the Special Circumstance Child Withdrawal from Public School to the SSS for approval with 45 calendar days from the receipt of the intake report.

    This assessment is not an investigation. Maltreatment codes will not be identified, and the allegation detail page will not generate.

Social Services Supervisor

  1. Make a determination in consultation with the SSCM as to whether the absences/withdrawal of a child(ren) from school was to avoid educating the child(ren).

  2. Ensure the assessment is terminated immediately upon confirming a valid Home Study Program Declaration of Intent Form has been filed with the GaDOE.

  3. Ensure truancy issues are reported to the local school system.

  4. Ensure when a parent fails to provide verification that the child is being educated a report alleging educational neglect is made to the CICC as outlined in policy 3.24 Intake: Mandated Reporters.

  5. Document discussions and guidance given to the SSCM concerning the assessment in Georgia SHINES within 72 hours of the occurrence.

  6. Review the submitted Special Circumstance Child Withdrawal from Public School and make an approval decision in Georgia SHINES within 45 calendar days of receipt of the intake report.

Practice Guidance

Assessment of School Withdrawal and Absences

This assessment is limited by the law to determining whether the school withdrawal was to avoid educating the child. Therefore, the SSCM should restrict information gathering to determining if the parent(s) is purposely avoiding educating the child. Georgia law requires that students attend a public or private school or participate in a home study program from their sixth to their 16th birthday. Public kindergarten is available in every school system, but it is not mandatory. Georgia law allows alternatives to public school education. Although public school is the most frequently utilized method for educating children there are various ways of educating a child, such as home study programs, online schooling, or private school. The SSCM should conclude the assessment when it has been determined and verified that the parent(s) is educating the child(ren). In addition, if at any point during the assessment it is verified that the parent has filed a Home Study Program Declaration of Intent Form with the GaDOE the assessment should be terminated immediately. Examples of verification to validate a child is being educated may include:

  1. The parent(s) presenting a copy of a Home Study Program Declaration of Intent Form to homeschool a child that has been filed with the GaDOE.

  2. Confirming the child has been re-registered and is attending a public or private school.

  3. Registration in an online study program.

If child abuse becomes known or suspected during the assessment, make a new report in accordance with policy 3.24 Intake: Mandated Reporters.

Georgia Home Study Program Requirements

Parents who teach their children at home are required by law to submit to the Georgia Department of Education an annual Home Study Program Declaration of Intent Form within 30 days after establishment of a home study program and by September 1st annually thereafter.[1] In the event that a child is withdrawn from a public school without a declaration filed and that child stops attending a public school for a period of 45 days, the school is required to refer the matter to DFCS to conduct an assessment in order to determine whether the withdrawal of the child from school was to avoid educating the child. The parent(s) can locate the GaDOE Home Study Program Declaration of Intent Form online:

  1. Home Study Program Declaration of Intent Form (Online Submission)

  2. Home Study Program Declaration of Intent Form (Printable Form)

When a Home Study Program Declaration of Intent Form is filed online the parent is provided a unique numeric key that serves as confirmation of the electronic filing of the Home Study Program Declaration of Intent Form. When filing a paper version of Home Study Program Declaration of Intent Form via mail or in-person the parent(s) is not provided verification of the filing. Verification can only be obtained by contacting GaDOE.

Forms and Tools

N/A

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