20.7 Voluntary Surrender of Parental Rights | CWS
Georgia Division of Family and Children Services |
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Chapter: |
(5) Investigations |
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Policy Title: |
Voluntary Surrender of Parental Rights |
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Policy Number: |
20.7 |
Previous Policy Number(s): |
5.7 |
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Effective Date: |
December 2021 |
Manual Transmittal: |
Codes/References
O.C.G.A. § 15-11-2 Definitions
O.C.G.A. § 15-11-202 Reasonable Efforts by DFCS to Preserve or Reunify Families
O.C.G.A. § 19-7-5 Reporting of Child Abuse
O.C.G.A. § 19-8-4 Adoption Through the Department, Child-Placing Agency, or Out-of-state Licensed Agency
O.C.G.A. § 49-5-8 Powers and Duties of Department of Human Services
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 (PL) 95-608 Indian Child Welfare Act of 1978 Final Rule (25 CFR Part 23)
PL 104-191 Health Insurance Portability and Accountability Act (HIPAA) of 1996:
Requirements
The Division of Family and Children Services (DFCS) will:
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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 when ending the parent-child relationship is in the child’s best interest.
This policy does not apply when considering a parent’s request to voluntarily surrender parental rights on a child in the temporary or permanent custody of DFCS. For Voluntary Surrender of Parental Rights involving children in DFCS custody see policy 17.12 Legal: Voluntary Surrender of Parental Rights. -
Afford all rights under the Indian Child Welfare Act (ICWA) to any Indian child subject to a voluntary surrender of parental rights involving DFCS, to promote the stability and security of Indian Tribes and their families (see policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency).
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Make reasonable efforts to maintain the family unit and prevent the unnecessary removal of a child from his/her home, as long as the child’s safety is assured in accordance with policy 9.5 Eligibility: Reasonable Efforts.
If there is reason to believe the child is an Indian child, ICWA requires active efforts prior to removal of the child (see policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency). -
Determine whether the parent has the ability to make an informed decision to voluntarily surrender parental rights.
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Determine if adoption is a viable plan for the child prior to accepting the voluntary surrender of parental rights.
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Obtain approval of the County Director/Designee to accept a voluntary surrender of parental rights, when it is determined that adoption is a viable option.
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Properly execute the voluntary surrender of parental rights in accordance with policy 17.12 Legal: Voluntary Surrender of Parental Rights.
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Allow a parent to revoke the voluntary surrender of parental rights and have the child returned within the revocation period in accordance with policy 17.12 Legal: Voluntary Surrender of Parental Rights.
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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.
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Document case activities in Georgia SHINES within 72 hours of the occurrence, including reasonable and/or active efforts.
Procedures
Social Services Case Manager
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Consult with the Social Services Supervisor (SSS) prior to initial contact for guidance.
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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.
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Conduct a face-to-face contact with the parent(s):
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Explain DFCS’ obligation to maintain confidentiality and safeguard information to prevent unauthorized disclosure:
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Personal information provided will be kept confidential (see policy 2.6 Information Management: Confidentiality/Safeguarding Information).
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DFCS cannot share protected health information (PHI) with any person, agency, or contractor without prior written authorization from the owner of the PHI, unless otherwise permitted by law. Provide a copy of the Notice of Privacy Practices and obtain signature(s). See policy 2.5 Information Management: Health Insurance Portability and Accountability Act (HIPAA).
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The type of information that will be maintained in the DFCS case record and of the information that can and cannot be released to the parent(s) upon request. Provide a copy of the Notice of Case Record Information Available to Parents/Guardians and obtain signatures (see policy 2.10 Information Management: J.J. v. Ledbetter Parent or Guardian Request for Information). Discuss the reason(s) for the voluntary surrender.
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Explore alternate plans and/or services that DFCS could provide to prevent the voluntary surrender including, but not limited to:
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Financial assistance
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Relative assistance and placement
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Counseling-parenting training
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Family support services (such as daycare or homemakers)
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Temporary foster care placement
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Determine if the parents(s) can make an informed decision through questions and observations (e.g., mental impairment, the influence of medication, drugs or alcohol, or developmental disability).
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Obtain information about the child:
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Demographic information (name, date of birth, social security number)
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Any medical conditions or, including any that require immediate attention
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Any medication(s) the child is taking
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Health insurance coverage and plan information
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Where the child attends school
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Any child or family Indian heritage and tribal membership (see policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency).
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Interview and observe the child (when age appropriate) to assess health and general well-being, including:
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Any medical conditions or allergies, including any that require immediate attention
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Medication(s) taken
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Any health insurance coverage and plan information
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For school age, what school does he/she attend
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Their understanding of the situation
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Kin available to provide support, care, or supervision
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Any child or family Indian heritage and tribal membership (see policy 1.6 Administration: Indian Child Welfare Act (ICWA) and Transfer of Responsibility for Placement and Care to a Tribal Agency).
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Analyze DFCS history in accordance with policy 19.10 Case Management: Analyzing DFCS History to:
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Verify the child is not in the temporary or permanent custody of DFCS. If the child is in the temporary or permanent custody of DFCS refer to policy 17.12 Legal: Voluntary Surrender of Parental Rights for guidance on considering a voluntary surrender when a child is in DFCS custody.
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Gather information regarding the parent’s ability to make informed decisions and to evaluate if adoption is a viable plan for the child.
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Participate in a staffing with the SSS, Regional Adoption Coordinator (RAC), and the County Director to determine if the voluntary surrender is in the best interest of the child. Discuss:
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Alternate plans discussed with the family and their interest;
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Reasonable and/or active efforts made to prevent removal;
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Each parent’s ability to understand and make an informed decision regarding a voluntary surrender of parental rights;
When there is a question about the parent’s comprehension or ability to make an informed decision consult with the DFCS Office of General Counsel. -
Whether adoption is a viable plan for the child (see policy 10.22 Foster Care: Permanency Planning for guidance on adoption as a permanency plan).
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Obtain approval of the County Director/Designee to accept a voluntary surrender of parental rights.
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Execute the voluntary surrender of parental rights in accordance with policy 17.12 Legal: Voluntary Surrender of Parental Rights.
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Arrange for a placement in accordance with policy 10.1 Foster Care: Placement of a Child.
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Participate in the case transfer process (see policy 19.4 Case Management: Case Transfer).
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Allow a parent to revoke the voluntary surrender of parental rights and have the child returned within the revocation period in accordance with policy 17.12 Legal: Voluntary Surrender of Parental Rights.
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Submit the Special Circumstance Voluntary Surrender of Parental Rights to the SSS within 45 calendar days of the receipt of the intake report.
Social Services Supervisor
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Consult with the SSCM prior to the initial contact to provide guidance.
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Participate in a staffing with the SSCM, RAC, and the County Director to determine whether a voluntary surrender is in the child’s best interest. Discuss:
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Alternate plans discussed with the family and their interest.
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Reasonable and/or active efforts made to prevent removal.
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Each parent’s ability to understand and make an informed decision regarding a voluntary surrender of parental rights.
When there is a question about the parent’s comprehension or ability to make an informed decision consult with the DFCS Office of General Counsel. -
Whether adoption is a viable plan for the child (see policy 10.22 Foster Care: Permanency Planning for guidance on adoption as a permanency plan).
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Document the staffing in Georgia SHINES within 72 hours of occurrence (see policy 19.6 Case Management: Supervisor Staffing).
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Confirm County Director/Designee approval was obtained to accept a voluntary surrender of parental rights.
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Oversee the execution of the voluntary surrender of parental rights in accordance with policy 17.12 Legal: Voluntary Surrender of Parental Rights.
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Assist the SSCM in arranging a placement for the child in accordance with policy 10.1 Foster Care: Placement of a Child.
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Participate in the case transfer process (see policy 19.4 Case Management: Case Transfer).
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When a parent wishes to revoke the voluntary surrender parental rights, verify the revocation of the voluntary surrender of parental rights is completed in accordance with policy 17.12 Legal: Voluntary Surrender of Parental Rights.
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Review the submitted Special Circumstance Voluntary Surrender of Parental Rights and make an approval decision in Georgia SHINES within 45 calendar days of the receipt of the intake report.
Practice Guidance
DFCS has a responsibility to ensure adoption is a viable option for the child prior to accepting a voluntary surrender. See policy 10.22 Foster Care: Permanency Planning for further guidance on selecting adoption as a permanency plan.
Voluntary Surrender of Parental Rights - Parent/Guardian of a Child in Foster Care
This policy does not apply when considering a parent/guardian’s request to voluntarily surrender parental rights on a child in the temporary or permanent custody of DFCS. When a child is in foster care the decision to accept a voluntary surrender of parental rights from the parent/guardian should be made only when it has been determined that adoption is the appropriate permanency plan for the child in accordance with policy 10.22 Foster Care: Permanency Planning.
Voluntary Surrender of Parental Rights - Parental Custody
When a child is not in the temporary or permanent custody of DFCS (parental custody) the decision to accept a voluntary surrender from the parent/guardian must occur after providing full disclosure about the impact of the decision; and only after exploring alternative plans with the parent(s), determining whether adoption is a viable plan for the child, and examining the parent’s ability make an informed decision about a voluntary surrender.