20.10 Temporary Protective Custody of Child by Physician

Georgia State Seal

Georgia Division of Family and Children Services
Child Welfare Policy Manual

Chapter:

(20) Special Circumstances

Policy Title:

Temporary Protective Custody of Child by Physician

Policy Number:

20.10

Previous Policy Number(s):

5.7

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 (Terrell Peterson Act of 2000)
O.C.G.A. § 19-7-5 Reporting of Child Abuse (e) (f)
O.C.G.A. § 49-5-8 Powers and Duties of the Department

Requirements

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

  1. Assess the circumstances or condition that presents an imminent danger to the child’s life or health as a result of suspected abuse when a physician has taken temporary protective custody of the child without a court order and without the consent of the child’s parent guardian, or legal custodian.

  2. Conduct a private face-to-face purposeful contact with the alleged victim child(ren) within the assigned response time to assess and address child safety.

  3. Conduct an Investigation in accordance with policy 5.1 Investigations: Conducting an Investigation when a physician takes protective custody of a child without a court order and without parental consent regardless of the court’s decision to grant custody of the child to DFCS or to allow custody of the child to remain with the parent(s).

    This Special Circumstance contains allegations of maltreatment, therefore an investigation must be conducted within the Special Circumstance Temporary Protective Custody of Child by Physician.

  4. Take physical custody of the child within six hours of receipt of the intake report indicating the child has been placed in DFCS custody when the child remains in the physical custody of the physician.

    A child who meets the requirements for inpatient admission shall be retained in a hospital, other medical institution, or facility until the child is medically ready for discharge.

  5. Take physical custody of the child immediately when a child was brought before the court by a law enforcement officer and placed in DFCS custody subsequent to a physician taking custody of the child without a court order and without parental consent.

  6. Notify the parent(s) of the court’s decision to place the child in DFCS custody, when applicable.

  7. File a dependency petition in Juvenile Court after the preliminary protective hearing if there is a continued belief that the child’s life or health is in danger as a result of suspected abuse.

Procedures

Social Services Case Manager

  1. Review the intake assessment and thoroughly evaluate all information gathered including:

    1. The name of the physician taking custody and the time it occurred.

    2. The circumstances that presented imminent danger to the child.

    3. The child’s current location and condition.

    4. Whether Juvenile Court authorized for the child to be placed into DFCS custody.

      Follow the procedures outlined in 5.1 Investigations: Conducting an Investigation if juvenile court does not grant legal custody of the child to DFCS subsequent to a physician taking temporary protective custody of a child without a court order and without parental consent.

    5. The presence of maltreatment.

    6. The physician’s efforts to contact the parent(s) to notify of the decision to take the child into protective custody.

  2. Contact the reporter, and/or physician when clarification and/or additional information related to child safety and the allegation(s) of maltreatment is needed.

  3. Consult with the Social Services Supervisor (SSS) to discuss the information gathered, next steps, and any immediate needs of the child that may impact his/her placement in foster care.

  4. Take physical custody of the child:

    1. Within six hours of receipt of the intake report indicating the child has been placed in DFCS custody when the child remains in the physical custody of the physician.

      A child who meets the requirements for inpatient admission can be retained in a hospital, other medical institution, or facility until the child is medically ready for discharge.

    2. Immediately when a child was brought before the court by a law enforcement officer and placed in DFCS custody subsequent to a physician taking custody of the child without a court order and without parental consent.

  5. Arrange for a placement in accordance with policy 10.1 Foster Care: Placement of a Child.

  6. Notify the parent(s) of the court’s decision to place the child in DFCS custody, and the date and time of the preliminary protective hearing.

  7. Conduct an Investigation in accordance with policy 5.1 Investigations: Conducting an Investigation.

  8. Request the Special Assistant Attorney General (SAAG) file a dependency petition in Juvenile Court after the preliminary protective hearing if there is a continued belief that the child’s life or health is in danger as a result of suspected abuse in accordance with policy 17.1 Legal: The Juvenile Court Process.

Social Services Supervisor

  1. Review the intake assessment and conduct a staffing with the assigned SSCM prior to the initial contact to discuss:

    1. The circumstances that presented imminent danger to the child

    2. Allegations of child abuse

    3. The child’s current location and condition

    4. Legal status of the child (DFCS or parental custody)

    5. Plan to respond immediately or within six hours

    6. Strategies for engaging the parent(s) (see policy 5.2 Investigations: Purposeful Contacts During an Investigation)

  2. Ensure physical custody of the child is taken:

    1. Within six hours of receipt of the intake report indicating the child has been placed in DFCS custody when the child remains in the physical custody of the physician; or

    2. Immediately when a child was brought before the court by a law enforcement officer and placed in DFCS custody subsequent to a physician taking custody of the child without a court order and without parental consent.

  3. Provide guidance to the SSCM in arranging a placement for the child in accordance with policy 10.1 Foster Care: Placement of a Child.

  4. Provide oversight of the investigation in accordance with policy 5.1 Investigations: Conducting an Investigation.

Practice Guidance

A physician taking temporary protective custody a child without a court order and without the consent of the child’s parent guardian, or legal custodian must:

  1. Have 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

  2. Determine 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.

This special circumstance contains allegations of maltreatment, therefore, in addition to the requirements and procedures detailed within this policy an investigation must be conducted within the Special Circumstance Temporary Protective Custody of Child by Physician. An investigation is conducted on assigned Special Circumstance Temporary Protective Custody of Child by Physician when a physician takes protective custody of a child without a court order and without parental consent regardless of the court’s decision to grant custody of the child to DFCS or to allow custody of the child to remain with the parent(s).

Forms and Tools

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