20.3 Child In Need of Services (No Maltreatment)

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(20) Special Circumstances

Policy Title:

Child In Need of Services (No Maltreatment)

Policy Number:

20.3

Previous Policy Number(s):

5.7

Effective Date:

July 2024

Manual Transmittal:

2024-06

Codes/References

O.C.G.A. §15-11-380 thru §15-11-450 Child in Need of Services
O.C.G.A. §19-7-5 Reporting of Child Abuse
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
Public Law 104-191 Health Insurance Portability and Accountability Act (HIPAA) of 1996

Requirements

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

  1. Thoroughly assess the child in need of services (CHINS) and family functioning to determine the root cause(s) leading to the unwanted behaviors or situations and identify needed services.

    For the purposes of the special circumstance CHINS (no maltreatment), the child is considered a CHINS if a complaint or petition has been filed with the court concerning a CHINS and the intake report does not include allegations of child abuse.

  2. Analyze DFCS history to ensure a thorough assessment of family functioning.

  3. Conduct a private face-to-face purposeful contact with the CHINS within 72 hours of receipt of a CHINS (No Maltreatment) intake report.

    If there is an upcoming court hearing, contact may need to occur prior to the 72-hour timeframe to ensure initiation of the assessment prior to the hearing.

  4. Conduct an assessment of the child and family using the Family Functioning Assessment (FFA) when:

    1. Requested by the court to assess the child and family;

    2. The court orders DFCS to provide services;

    3. DFCS agrees to provide services at the CHINS Interagency Meeting (CIM); or

    4. DFCS is assigned as the plan manager of an unrestorably incompetent youth.

  5. Engage each household member face-to-face and privately to discuss the orders of the court and to assess family functioning. This includes the following individuals:

    1. The CHINS

    2. Each parent

    3. All adult household members

    4. Other children in the home

  6. Observe the physical home environment, including every room in the home to determine if it is safe and appropriate to meet the needs of the CHINS.

  7. Engage individuals identified as collateral contacts who can provide relevant information for assessing family functioning.

  8. Adhere to Health Insurance Portability and Accountability Act and confidentiality provisions outlined in policies 2.5 Information Management: Health Insurance Portability and Accountability Act (HIPAA) and 2.6 Information Management: Confidentiality/Safeguarding Information.

  9. 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.

  10. Conduct a supervisor staffing and determine recommendations for the court at the conclusion of the FFA. Recommend Family Preservation Services (FPS) when:

    1. DFCS is ordered by the court to provide services to the CHINS and family; or

    2. The FFA reveals that DFCS intervention is necessary to address the significant factors affecting child well-being.

  11. Conduct a Kinship Assessment in accordance with policy 22.3 Kinship: Kinship Assessment when the court orders an assessment of a kinship caregiver for possible placement of a CHINS.

  12. Complete the FFA in Georgia SHINES to document the information gathered during the CHINS assessment.

Procedures

Social Services Case Manager

  1. Review the intake assessment and thoroughly evaluate the orders of the court.

  2. Contact the SAAG or the court to clarify and/or obtain additional information, as needed.

  3. Analyze DFCS history to ensure a thorough assessment of family functioning (see policy 19.10 Case Management: Analyzing DFCS History).

  4. 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.

  5. Participate in a staffing with the SSS prior to initiating the assessment and discuss:

    1. Circumstances that led to the child being alleged or adjudicated as a CHINS

    2. Orders of the court

    3. Analysis of DFCS history (see policy 19.10 Case Management: Analyzing DFCS History)

    4. Potential collateral contacts (see policy 19.16 Case Management: Collaterals Contacts)

    5. Family engagement and next steps

  6. Conduct a private face-to-face purposeful contact with the CHINS within 72 hours of the receipt of the intake report to initiate the family functioning assessment (see policy 5.2 Investigations: Purposeful Contacts During an Investigation).

  7. Engage each household member face-to-face and privately to discuss the orders of the court and assess family functioning. This includes the following individuals:

    1. Each parent

    2. All adult household members

    3. Other children in the home

  8. Observe the physical home environment, including every room in the home to determine if it is safe and appropriate to meet the needs of the CHINS.

  9. Engage collateral contacts that are knowledgeable about the CHINS’ behavior and family functioning in accordance with policy 19.16 Case Management: Collateral Contacts.

  10. Obtain, review, and analyze school records, reports, professional evaluations and assessments, pictures, etc. for the CHINS and family.

  11. Complete the FFA to analyze and organize the information gathered around the areas of family functioning (see policy 19.13 Case Management: Family Functioning Assessment). See Practice Guidance: Documenting a CHINS No Maltreatment Case.

  12. Participate in a Supervisor staffing to discuss the information gathered:

    1. Confirm the completion of tasks ordered by the court

    2. Any presence of maltreatment

    3. Determine the need for further DFCS intervention. Recommend Family Preservation Services (FPS) when:

      1. DFCS is ordered by the court to provide services to the CHINS and family; or

      2. The FFA reveals that DFCS intervention is necessary to address the significant factors affecting child well-being; or

      3. There is a need for service provision to assist the CHINS and family with managing the challenging situation(s).

  13. Arrange individualized services for the family to address the developmental challenges they are experiencing in their everyday life, when applicable (see policy 19.17 Case Management: Service Provision).

  14. Prepare a written report of the findings for submission to the court in accordance with local protocols. This should include a copy of the FFA.

  15. Consult with the SAAG to discuss findings and prepare for testifying in court or next steps (as applicable). Provide a copy of the written report for the court.

  16. Participate in court hearings as ordered by the court (see policy 17.1 Legal: The Juvenile Court Process).

  17. Submit the Special Circumstance CHINS (No Maltreatment) to the SSS for approval and closure within 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. Conduct a staffing with the assigned SSCM prior to the assessment being initiated.

    1. Determine if the Intake Assessment meets the requirements for a Special Circumstance CHINS (No Maltreatment).

    2. Review and analyze the orders of the court.

    3. Analyze DFCS history (see policy 19.10 Case Management: Analyzing DFCS History).

    4. Discuss potential collateral contacts (see policy 19.16 Case Management: Collaterals Contacts).

    5. Discuss family engagement.

    6. Determine next steps.

  2. Ensure a private face-to-face purposeful contact is made with the CHINS within 72 hours of the receipt of the intake report to initiate the family functioning assessment.

  3. Review professional assessments to provide guidance to the SSCM.

  4. Participate in a staffing with the SSCM to discuss the information gathered:

    1. Discuss any maltreatment identified and ensure a new report is made to the CICC.

    2. Confirm the completion of tasks ordered by the court.

    3. Recommend Family Preservation Services (FPS) when:

      1. DFCS is ordered by the court to provide services to the CHINS and family; or

      2. The FFA reveals that DFCS intervention is necessary to address the significant factors affecting child well-being.

  5. Document the supervisor staffings in Georgia SHINES within 72 hours of occurrence (see policy 19.6 Case Management: Supervisor Staffing).

  6. Assess the sufficiency of services recommended in accordance with policy 19.17 Case Management: Service Provision.

  7. Review the FFA and make an approval decision in accordance with policy 19.13 Case Management: Family Functioning Assessment.

  8. Review and approve the written report for the court.

  9. In conjunction with the SCM, consult with the SAAG to discuss findings and prepare for testifying in court or next steps (as applicable).

  10. Review the Special Circumstance CHINS (No Maltreatment) and make an approval decision in Georgia SHINES within 45 calendar days of receipt of the intake report.

Practice Guidance

The CHINS law in Georgia was created in an effort to acknowledge that certain behaviors or conditions occur within a family or school environment that indicate a child is experiencing serious difficulties. The goals of the law are to:

  1. Intervene with services and corrective actions to protect the child from making choices that can have a negative impact on his/her future and protect the integrity of the child’s family.

  2. Make family members aware of their contributions to their family’s problems and to encourage them to accept the responsibility and participate in any program of care ordered by the court.

  3. Provide a child with a program of treatment, care, guidance, counseling, structure, supervision, and rehabilitation to assist in becoming a responsible and productive member of society.

  4. Ensure the cooperation and coordination of all agencies having responsibility to supply services to any member of a family referred to the court

A CHINS is defined as:

  1. A child adjudicated to be in need of care, guidance, counseling, structure, supervision, treatment, or rehabilitation and who is adjudicated to be:

    1. Subject to compulsory school attendance and who is habitually and without good and sufficient cause truant (having 10 or more days unexcused absences in the current academic year) from school;

    2. Habitually disobedient of the reasonable and lawful commands of his or her parent, guardian or legal custodian and is ungovernable or places himself or herself or others in unsafe circumstances;

    3. A runaway defined as a child who, without just cause and without the consent of his or her parent, guardian, or legal custodian, is absent from his or her home or place of abode for at least 24 hours;

    4. A child who has committed a status offense applicable only to a child;

      A status offense means an act prohibited by law that would not be an offense if committed by an adult.

    5. A child who wanders or loiters about the streets of any city or in or about any highway or any public place between the hours of midnight and 5:00 a.m.;

    6. A child who disobeys the terms of supervision contained in a court order which has been directed to such child who has been adjudicated a child in need of services; or

    7. A child who patronizes any bar where alcoholic beverages are being sold unaccompanied by his or her parent, guardian, or legal custodian or who possesses alcoholic beverages.

  2. A child who has committed a delinquent act and is adjudicated to be in need of supervision but not in need of treatment or rehabilitation

When a parent, caregiver or other figure in a child’s life reaches out to the court for help with a child, it is often out of desperation because other interventions have not been successful. Failing to thoroughly assess the child and family functioning to determine the root causes leading to the unwanted behaviors/situations may result in services being unsuccessful or further court/agency involvement.

Documenting a CHINS (No Maltreatment)

CHINS (No Maltreatment) cases are documented solely on the Family Functioning Assessment in Georgia SHINES. For each purposeful contact or collateral contact conducted during the assessment complete the Contact Detail page and state in the narrative “see Family Functioning Assessment.” A description of the purposeful contact is not required. Information gathered during the assessment will be organized in the FFA and analyzed to form conclusions and recommendations. This method of documenting is similar to a psychological evaluation, which is a summary of information gathered from a multitude of sources (interviews, observations, tests, etc.), that informs the conclusion and treatment recommendations, however the report does not include a description of each individual contact.

Forms and Tools

N/A