11/13/2003 Child Placement Conference GUIDE TO THE IMPLEMENTATION OF SENATE BILL 236 Prepared by the SB 236 Workgroup, a Project of the Georgia Model Courts

11/13/2003 Child Placement Confe11/13/2003 Child Placement Conferencerence

GUIDE TO THE IMPLEMENTATION GUIDE TO THE IMPLEMENTATION OF OF

SENATE BILL 236SENATE BILL 236

Prepared by the SB 236 Workgroup,Prepared by the SB 236 Workgroup,a Project of the Georgia Model Courts a Project of the Georgia Model Courts

Committee,Committee,a Joint Project of the CJCJ Permanency a Joint Project of the CJCJ Permanency

Planning CommitteePlanning Committeeand the Child Placement Projectand the Child Placement Project

Presented byPresented byR. Michael Key, Troup County Juvenile CourtR. Michael Key, Troup County Juvenile Court

andandMelissa Dorris, Georgia Supreme Court Child Melissa Dorris, Georgia Supreme Court Child

Placement ProjectPlacement Project


Composition of the Composition of the WorkgroupWorkgroup

Office of the Georgia Child AdvocateOffice of the Georgia Child Advocate Staff of the Council of Juvenile Court JudgesStaff of the Council of Juvenile Court Judges Private Child AdvocatesPrivate Child Advocates DFCS Representatives – State and Local LevelDFCS Representatives – State and Local Level CASAs – Georgia CASA and Local ProgramsCASAs – Georgia CASA and Local Programs Court PersonnelCourt Personnel Staff of the Child Placement ProjectStaff of the Child Placement Project Juvenile Court JudgesJuvenile Court Judges Staff from the Barton ClinicStaff from the Barton Clinic Private AttorneysPrivate Attorneys Care ProvidersCare Providers Office of AdoptionsOffice of Adoptions Special Assistant Attorneys GeneralSpecial Assistant Attorneys General Citizens Review Panel CoordinatorsCitizens Review Panel Coordinators Georgia Attorney General’s Office (By Review Only)Georgia Attorney General’s Office (By Review Only)


Who are you?Who are you?


PART A.PART A. NOTICE AND NOTICE AND OPPORTUNITY TO BE OPPORTUNITY TO BE

HEARD UNDER REVISED HEARD UNDER REVISED O.C.G.A. SECTION 15-11-O.C.G.A. SECTION 15-11-

5858


SB 236SB 236Effective July 1, 2003Effective July 1, 2003

Sponsor / Legislative IntentSponsor / Legislative Intent– To clarify the rights of foster parents to receive To clarify the rights of foster parents to receive

notice of hearings and to be provided an notice of hearings and to be provided an opportunity to be heard in hearings concerning opportunity to be heard in hearings concerning the child(ren) in their carethe child(ren) in their care

– To expand options for permanent placement To expand options for permanent placement for children in foster carefor children in foster care

– To codify best practice for relative (and other To codify best practice for relative (and other person) searchperson) search

– And … to ensure all changes are compliant And … to ensure all changes are compliant with ASFA.with ASFA.


Elements of SB 236Elements of SB 236

Notice & Opportunity Notice & Opportunity to be Heardto be Heard

Relative (and Other Relative (and Other Person) SearchPerson) Search

Extended Temporary Extended Temporary CustodyCustody

Permanent Custody Permanent Custody Post-TPRPost-TPR


Notice & Opportunity to Be Notice & Opportunity to Be HeardHeard

Originated with ASFA (1997)Originated with ASFA (1997)

§104 provides that each state’s foster care §104 provides that each state’s foster care review system must be designed to ensure review system must be designed to ensure that:that:

““(T)he foster parents (if any) of a child and any (T)he foster parents (if any) of a child and any preadoptive parent or relative providing care preadoptive parent or relative providing care for the child are provided with notice of, and for the child are provided with notice of, and an opportunity to be heard in, any review or an opportunity to be heard in, any review or hearing to be held with respect to the hearing to be held with respect to the child . . .”child . . .”

O.C.G.A. § 15-11-58(k) (1998) O.C.G.A. § 15-11-58(k) (1998)


Practice Snapshot Practice Snapshot (Barton Clinic 2002)(Barton Clinic 2002)

Court PerspectiveCourt Perspective (Majority) DFCS provides (Majority) DFCS provides

notice in jxnnotice in jxn– Primarily for periodic Primarily for periodic

reviews, permanency reviews, permanency hearingshearings

– Usually by mail/phoneUsually by mail/phone 40% notice is court’s 40% notice is court’s

responsibilityresponsibility Lack of knowledge as to Lack of knowledge as to

how much notice givenhow much notice given Foster parents informed of Foster parents informed of

rights “always” (25%) or rights “always” (25%) or “most of the time” (23%)“most of the time” (23%)

Foster Parent ViewFoster Parent View 62% received notice of 62% received notice of

panel reviews, periodic panel reviews, periodic reviewsreviews– From judges (36.2%)From judges (36.2%)– From DFCS (52.6%), From DFCS (52.6%),

typically by mail, within 7-typically by mail, within 7-14 days14 days

22.4% received notice of 22.4% received notice of permanency hearingspermanency hearings

18% received notice 18% received notice “rarely or never”“rarely or never”

60% not given information 60% not given information about right to be heardabout right to be heard


O.C.G.A. § 15-11-58(p)O.C.G.A. § 15-11-58(p)

““In advance of each review or hearing to be In advance of each review or hearing to be held with respect to a child pursuant to this held with respect to a child pursuant to this Code section, the court shall provide written Code section, the court shall provide written notice or shall direct that a party shall notice or shall direct that a party shall provide written notice of such review or provide written notice of such review or hearing, including their right to be heard at hearing, including their right to be heard at such review or hearing, to the custodian of such review or hearing, to the custodian of the child, to the foster parents of the child, the child, to the foster parents of the child, and to any preadoptive parents or relatives and to any preadoptive parents or relatives providing care for the child, consistent with providing care for the child, consistent with the form and timing of notice to parties …”the form and timing of notice to parties …”


ApplicationApplication

WHO? WHO? CurrentCurrent caregivers: Custodian, foster caregivers: Custodian, foster parents, preadoptive parents or relativesparents, preadoptive parents or relatives– ““providing care”providing care”– Expanded definition of “custodian” to include Expanded definition of “custodian” to include

eligible agencies/organizationseligible agencies/organizations Other changes:Other changes:

– Caregiver is entitled to a copy of the portions of Caregiver is entitled to a copy of the portions of the court approved case plan/ panel report/ the court approved case plan/ panel report/ revised plan that involve the permanency goal revised plan that involve the permanency goal and services to be provided to the child. and services to be provided to the child. Subsections (d) & (k). Subsections (d) & (k).


ApplicationApplication WHICH HEARINGS/REVIEWS AFFECTED?WHICH HEARINGS/REVIEWS AFFECTED?

– Statutory language limits to those Statutory language limits to those reviews/hearings held pursuant to Code section reviews/hearings held pursuant to Code section 15-11-5815-11-58 Periodic reviews held by the court or panel;Periodic reviews held by the court or panel; Appeals from, or hearings arising out of, reviews by Appeals from, or hearings arising out of, reviews by

panels;panels; Hearings triggered by revocation of license of agency Hearings triggered by revocation of license of agency

to which permanent custody has been granted to which permanent custody has been granted pursuant to O.C.G.A. § 15-11-58(i);pursuant to O.C.G.A. § 15-11-58(i);

Permanency hearings;Permanency hearings; Motions to extendMotions to extend

– ASFA requirement: permanency hearings and 6-ASFA requirement: permanency hearings and 6-mo reviewsmo reviews


Best Practices Best Practices RecommendationRecommendation

Former language of Former language of §15-11-58(k) required notice and §15-11-58(k) required notice and opportunity to be heard “in any review or hearing to be held opportunity to be heard “in any review or hearing to be held with respect to the child.”with respect to the child.”

Expansive interpretation (sponsor intent) –Expansive interpretation (sponsor intent) –Notice and opportunity to be heard provided to custodian, foster Notice and opportunity to be heard provided to custodian, foster parents, preadoptive parents, and relative caretakers at parents, preadoptive parents, and relative caretakers at anyany review or hearing where the case plan or permanency is an review or hearing where the case plan or permanency is an issue. issue.


Notice RequirementsNotice Requirements Written noticeWritten notice

Provided by the court or by a party, as Provided by the court or by a party, as directed by the court (presumably DFCS)directed by the court (presumably DFCS)– Where the court provides notice, it may issue a Where the court provides notice, it may issue a

standing order requiring DFCS to provide timely standing order requiring DFCS to provide timely notice to the court, the CASA, and attorney GAL notice to the court, the CASA, and attorney GAL of the name and address of a new caregiver of the name and address of a new caregiver when a change in placement has occurred.when a change in placement has occurred.

– Where DFCS gives notice, local practice must Where DFCS gives notice, local practice must ensure that new caregivers are timely and ensure that new caregivers are timely and properly noticedproperly noticed


Notice Requirements Notice Requirements

““Consistent with the form and timing of Consistent with the form and timing of notice to parties”notice to parties”– Not identical form and manner of service to Not identical form and manner of service to

parties (summons, personal service)parties (summons, personal service)– Content and timing consistent with that Content and timing consistent with that

provided to partiesprovided to parties Same informationSame information Given in advance of hearingGiven in advance of hearing Service in person or by mailService in person or by mail Minimum time limits provided by lawMinimum time limits provided by law

– 5 days notice of permanency hearing (O.C.G.A. § 15-11-5 days notice of permanency hearing (O.C.G.A. § 15-11-58(o)(4))58(o)(4))


Opportunity to Be HeardOpportunity to Be Heard

Burden on the courtBurden on the court– Order must include findings of factOrder must include findings of fact

Informal and non-threateningInformal and non-threatening In person or in writingIn person or in writing

– ASFA: Right to provide input but no right to ASFA: Right to provide input but no right to appear in personappear in person

– ““Oral and written testimony”Oral and written testimony” Writings reviewed by all parties, subject to crossWritings reviewed by all parties, subject to cross Local court preferenceLocal court preference

Information presented directly to the courtInformation presented directly to the court


Possible Issues for Legislative Possible Issues for Legislative CorrectionCorrection

Amend the custodian Amend the custodian definition to provide for definition to provide for notice to houseparents notice to houseparents in group home in group home placementsplacements

Clarify mechanics of Clarify mechanics of notice requirementnotice requirement

Substitute “information” Substitute “information” for “testimony” and for “testimony” and reference reference §15-11-56(a) §15-11-56(a) for treatment of for treatment of informationinformation

Others?Others?


Questions? Concerns? Questions? Concerns? Comments?Comments?


PART B.PART B. THE RELATIVE THE RELATIVE (AND OTHER PERSON) (AND OTHER PERSON) SEARCH PURSUANT TO SEARCH PURSUANT TO

REVISED O.C.G.A. REVISED O.C.G.A. SECTION 15-11-55(a)(2)SECTION 15-11-55(a)(2)


What drove this provision?What drove this provision?


Terminology.Terminology.

For ease of reference, throughout For ease of reference, throughout this presentation, the terms “relative this presentation, the terms “relative search” and “relative” are used to search” and “relative” are used to refer to all persons for whom the refer to all persons for whom the search must be conducted.search must be conducted.


What is the Effective Date of the What is the Effective Date of the Relative Search Provision, and Relative Search Provision, and how does that impact O.C.G.A. how does that impact O.C.G.A.

Section 15-11-103?Section 15-11-103?

The effective date of SB 236 is July 1, The effective date of SB 236 is July 1, 2003. 2003.


Within What Time Frame Must the Within What Time Frame Must the Relative Search be Completed in Cases Relative Search be Completed in Cases

Arising on or after July 1, 2003?Arising on or after July 1, 2003? The required search shall be completed within The required search shall be completed within

90 days from the date on which the child was 90 days from the date on which the child was removed from the home. removed from the home.

The phrase “removed from the home” means The phrase “removed from the home” means the date that the child is physically removed the date that the child is physically removed from the home, but also includes the date on from the home, but also includes the date on which the child is constructively removed from which the child is constructively removed from the home, such as when a child is taken into the home, such as when a child is taken into protective custody while the child is protective custody while the child is hospitalized hospitalized


Within What Time Frames Must the Within What Time Frames Must the Relative Search be Completed in Cases Relative Search be Completed in Cases

pending on July 1, 2003?pending on July 1, 2003?

Termination of parental rights cases Termination of parental rights cases where there has been no finding where there has been no finding under the revised Section 15-11-55 under the revised Section 15-11-55 as to the relative search. as to the relative search.

Deprivation cases pending on July 1, Deprivation cases pending on July 1, 2003, in which there has been no 2003, in which there has been no dispositional hearing. dispositional hearing.


Within What Time Frames Must the Within What Time Frames Must the Relative Search be Completed in Cases Relative Search be Completed in Cases

pending on July 1, 2003?pending on July 1, 2003? Deprivation cases pending on July 1, 2003, Deprivation cases pending on July 1, 2003,

in which there has been a dispositional in which there has been a dispositional hearing and transfer of legal custody hearing and transfer of legal custody pursuant to O.C.G.A. §15-11-55(a)(2). pursuant to O.C.G.A. §15-11-55(a)(2).

Deprivation cases pending on July 1, 2003, Deprivation cases pending on July 1, 2003, in which there has been a dispositional in which there has been a dispositional hearing and reunification, or finalization of hearing and reunification, or finalization of an alternate permanency plan other than an alternate permanency plan other than termination and adoption, is likely to occur termination and adoption, is likely to occur within three months. within three months.


By Whom Must the Search be By Whom Must the Search be

Conducted?Conducted? By the court; By the court; andand By the Department of Human By the Department of Human

Resources”.Resources”.


For Whom Must the Court and DFCS For Whom Must the Court and DFCS Search?Search?

A parent of the child. A parent of the child. A relative of the child. A relative of the child.

---- GrandparentsGrandparents---- Great-GrandparentsGreat-Grandparents---- Aunts and UnclesAunts and Uncles---- Great Aunts and UnclesGreat Aunts and Uncles---- Adult SiblingsAdult Siblings

Other persons who have demonstrated an Other persons who have demonstrated an ongoing commitment to the child. ongoing commitment to the child.


What is a “Reasonably Diligent What is a “Reasonably Diligent

Search”?Search”? Interviews with the parents during the course Interviews with the parents during the course

of an investigation, while child protective of an investigation, while child protective services are provided, and while the child is in services are provided, and while the child is in care and is supervised by the placement unit.care and is supervised by the placement unit.

Interviews with the child throughout the case.Interviews with the child throughout the case. Interviews with relatives throughout the case. Interviews with relatives throughout the case. Interviews with school teachers, counselors, Interviews with school teachers, counselors,

day care providers, preachers, and others who day care providers, preachers, and others who may know of relatives not yet disclosed and of may know of relatives not yet disclosed and of other persons who have demonstrated an other persons who have demonstrated an ongoing commitment to the child.ongoing commitment to the child.


What is a “Reasonably Diligent What is a “Reasonably Diligent Search”?Search”?

The use of data bases, including DFCS’s own files The use of data bases, including DFCS’s own files and the Parent Locator Service.and the Parent Locator Service.

The First Placement/Best Placement provider, The First Placement/Best Placement provider, which already provides a great deal of this which already provides a great deal of this information.information.

The attorney guardian ad litem and the CASA.The attorney guardian ad litem and the CASA. Appropriate inquiry during the course of the Appropriate inquiry during the course of the

hearings in the case.hearings in the case. Any other reasonable means that are likely to Any other reasonable means that are likely to

identify relatives or other persons who have identify relatives or other persons who have demonstrated a significant relationship with the demonstrated a significant relationship with the child.child.


How and When Should the Results of How and When Should the Results of the Search be Documented and Filed the Search be Documented and Filed

with the Court?with the Court? The search has to be documented in The search has to be documented in

writing.writing. The results of the search have to be The results of the search have to be

“filed”.“filed”. The Relative Search Provision states The Relative Search Provision states

that the results must be filed “at the that the results must be filed “at the time of the first review”.time of the first review”.

What are some problems?What are some problems? What are some best practices?What are some best practices?


How do the Courts Manage the Two How do the Courts Manage the Two Temporary Custody Provisions under Temporary Custody Provisions under

Section 15-11-55?Section 15-11-55?

The relevant part of the Relative Search Provision The relevant part of the Relative Search Provision states that, “before transferring temporary legal states that, “before transferring temporary legal custody in an order of disposition under this custody in an order of disposition under this paragraph”, the search must be conducted, paragraph”, the search must be conducted, documented in writing, and filed with the court, documented in writing, and filed with the court, but in the meantime, the “child may be placed in but in the meantime, the “child may be placed in the temporary legal custody of” DFCS or any the temporary legal custody of” DFCS or any

other appropriate person or entity.other appropriate person or entity.



Section 15-11-55?Section 15-11-55?

Drawing from that procedure, following is the Drawing from that procedure, following is the recommended procedure for implementing this recommended procedure for implementing this portion of the Relative Search Provision:portion of the Relative Search Provision:

All reasonable efforts should be made to conduct the All reasonable efforts should be made to conduct the relative search prior to the initial dispositional hearing. relative search prior to the initial dispositional hearing.

Where the relative search cannot be completed, Where the relative search cannot be completed, documented, filed with the court, and approved by the documented, filed with the court, and approved by the court prior to the initial dispositional hearing, the court, court prior to the initial dispositional hearing, the court, after hearing all of the evidence in the case, should enter a after hearing all of the evidence in the case, should enter a provisional order of disposition. provisional order of disposition.

Where the court enters a provisional order of disposition, Where the court enters a provisional order of disposition, the court should review the results of the relative search the court should review the results of the relative search when they are filed with the court, and make a when they are filed with the court, and make a determination as to whether there is any reason not to determination as to whether there is any reason not to make the provisional order a final order of the court. make the provisional order a final order of the court.



Section 15-11-55?Section 15-11-55? From a procedural standpoint, there are at From a procedural standpoint, there are at

least two options. least two options.

---- The simple way; orThe simple way; or

---- The complex way similar to O.C.G.A. The complex way similar to O.C.G.A. 15-11-39.2.15-11-39.2.

Is the 90-day period a drop-dead date for Is the 90-day period a drop-dead date for continuation of temporary custody?continuation of temporary custody?


Is the Relative Search Provision Limited Is the Relative Search Provision Limited to Foster Care Cases, or Does it Apply to Foster Care Cases, or Does it Apply

to “Granny Petitions”?to “Granny Petitions”?

Except in cases involving delinquent or unruly Except in cases involving delinquent or unruly children, the Relative Search Provision applies in children, the Relative Search Provision applies in every order transferring legal custody pursuant to every order transferring legal custody pursuant to

O.C.G.A. §15-11-55(a)(2).O.C.G.A. §15-11-55(a)(2).


PART C.PART C. EXTENDED EXTENDED TEMPORARY CUSTODY TEMPORARY CUSTODY

UNDER O.C.G.A. SECTION UNDER O.C.G.A. SECTION 15-11-58(i)15-11-58(i)


TerminologyTerminology

A.K.A. “permanent relative custody” A.K.A. “permanent relative custody” pre-SB 236…pre-SB 236…

But:But:– Not really permanentNot really permanent– No longer limited to relativesNo longer limited to relatives– Term of orders extended beyond normal Term of orders extended beyond normal

1-2 year limitation on duration of orders1-2 year limitation on duration of orders Nature of custody not changedNature of custody not changed


Shifting StandardsShifting Standards

From “best interests of the child” (pre-From “best interests of the child” (pre-SB 236)SB 236)

To “detrimental to the child”To “detrimental to the child”– The court must find that “reasonable The court must find that “reasonable

efforts to reunify a child with his or her efforts to reunify a child with his or her family would be detrimental to the child family would be detrimental to the child …”…” Actual detrimentActual detriment

– AndAnd that “referral for TPR and adoption is that “referral for TPR and adoption is not in the child’s best interest.”not in the child’s best interest.”


Persons Eligible to Receive Extended Persons Eligible to Receive Extended

Temporary CustodyTemporary Custody Pre-SB 236, only relativesPre-SB 236, only relatives Now:Now:

– Relative;Relative;– Nonrelative individual found Nonrelative individual found

to be qualified to receive to be qualified to receive and care for the child;and care for the child;

– Suitable individual Suitable individual custodian in another state;custodian in another state;

– ““An agency or organization An agency or organization licensed or otherwise licensed or otherwise authorized by law to authorized by law to receive and provide care for receive and provide care for the child which is operated the child which is operated in a manner that provides in a manner that provides such care, guidance, and such care, guidance, and control as would be control as would be provided in a family home provided in a family home as defined in the court’s as defined in the court’s order.”order.”


Temporary Custody to an Eligible Temporary Custody to an Eligible AgencyAgency Points to Consider:Points to Consider:

– Individual optimal permanency in a placementIndividual optimal permanency in a placement– Custody can be granted to an eligible agency Custody can be granted to an eligible agency

only if the court has made a finding that all other only if the court has made a finding that all other placement options are not in the child’s best placement options are not in the child’s best interestsinterests

– ““family home” qualifierfamily home” qualifier Physical environmentPhysical environment Stability and longevity of commitmentStability and longevity of commitment Placement intended to be permanentPlacement intended to be permanent Capacity to meet the ongoing lifelong needs of the childCapacity to meet the ongoing lifelong needs of the child

– Agency self-reporting triggers judicial review of Agency self-reporting triggers judicial review of placementplacement

– Loss of state and federal financial assistanceLoss of state and federal financial assistance


Timelines for ReviewsTimelines for Reviews

An order granting An order granting extended custody extended custody to a relative must to a relative must be reviewed every be reviewed every 36 months.36 months.

Other orders of Other orders of extended custody extended custody must be examined must be examined annually. annually.


PART D.PART D. CHANGES TO CHANGES TO THE TERMINATION THE TERMINATION

STATUTE UNDER SB 236STATUTE UNDER SB 236


Two Basic ChangesTwo Basic Changes One significant change to the termination statute One significant change to the termination statute

is the removal of the “thorough search for a is the removal of the “thorough search for a suitable family member” provision from the suitable family member” provision from the termination statute, and the replacement thereof termination statute, and the replacement thereof with the relative (and other caregiver) search with the relative (and other caregiver) search provisions discussed in Part B of this report.provisions discussed in Part B of this report.

One other change was the addition of language One other change was the addition of language requiring a “study by the probation officer or requiring a “study by the probation officer or other person or agency designated by the court” other person or agency designated by the court” for a person who is willing and “qualified to for a person who is willing and “qualified to receive and care for the child”. No such study receive and care for the child”. No such study was previously required, although no judge would was previously required, although no judge would have given permanent custody under the prior have given permanent custody under the prior law without first obtaining a home evaluation by law without first obtaining a home evaluation by the agency. the agency.


What Classes of Persons or Agencies What Classes of Persons or Agencies were Added to the List of Persons were Added to the List of Persons or Agencies Eligible for Permanent or Agencies Eligible for Permanent

Custody?Custody? A. suitable individual on the condition that the person A. suitable individual on the condition that the person

becomes the guardian of the child pursuant to the becomes the guardian of the child pursuant to the juvenile court’s authority under O.C.G.A. Section 15-11-juvenile court’s authority under O.C.G.A. Section 15-11-30.1. 30.1.

A licensed child-placing agency willing to accept custody A licensed child-placing agency willing to accept custody of the child for the purpose of placing the child in a foster of the child for the purpose of placing the child in a foster home.home.

An agency or organization authorized by law to receive An agency or organization authorized by law to receive and care for children which is operated in a manner that and care for children which is operated in a manner that provides such care, guidance, and control as would be provides such care, guidance, and control as would be provided in a family home as defined in the court’s order. provided in a family home as defined in the court’s order.

If no placement of the child is effected under any of the If no placement of the child is effected under any of the foregoing provisions, then the court may take other foregoing provisions, then the court may take other suitable measures for the care and welfare of the child. suitable measures for the care and welfare of the child.


Must the Dispositional Alternatives be Must the Dispositional Alternatives be Considered in the Listed Order of Considered in the Listed Order of

Preference?Preference? Unlike the extended temporary custody Unlike the extended temporary custody

provision, the termination statute provides provision, the termination statute provides a very clear hierarchy of permanency a very clear hierarchy of permanency options. options.

Each option must be considered by the Each option must be considered by the court and found to be inappropriate before court and found to be inappropriate before the court can move to the next option. the court can move to the next option.


Dispositional OrderDispositional Order

Pursuant to O.C.G.A. §15-11-103(a), permanent custody of [CHILD] is hereby ORDERED as follows:

( ) Pursuant to paragraph (1) of this code subsection, Permanent Custody of [CHILD] is HEREBY AWARDED to [RELATIVE] for the purpose of adoption. The Court finds this individual qualified to receive and care for the child. The Court determines that such placement is the most appropriate for and in the best interest of the child because ______________________ ______________________________________________



( ) Pursuant to paragraph (1) of this code subsection, Permanent Custody of [CHILD] is HEREBY AWARDED to [RELATIVE]. The Court finds this individual qualified to receive and care for the child. The Court determines that such placement is the most appropriate for and in the best interest of the child because ____________________________________________________________________


Dispositional OrderDispositional Order( ) The Court finds that placement under paragraph (1) of this code subsection is not appropriate because ______________________________________________________________________________________________________________

Therefore, pursuant to paragraph (2) of this code subsection, Permanent Custody of [CHILD] is HEREBY AWARDED to the Georgia Department of Human Resources through the ________________ County Department of Family and Children Services / [a licensed child-placing agency willing to accept custody] to be placed for adoption. The Court determines that such placement is the most appropriate for and in the best interest of the child because ______________________________________________________________________________________________________________


Dispositional OrderDispositional Order( ) The Court finds that placement under paragraph (1) and (2) of this code subsection is not appropriate because ______________________________________________________________________________________________________________

Therefore, pursuant to paragraph (3) of this code subsection, Permanent Custody of [CHILD] is HEREBY AWARDED to [Name of Individual] conditioned upon this individual becoming the guardian of the person of the child pursuant to this Court’s authority under O.C.G.A. §15-11-30.1. The Court determines that such placement is the most appropriate for and in the best interest of the child because ______________________________________________________________________________________________________________


Dispositional OrderDispositional Order( ) The Court finds that placement under paragraph (1), (2), and (3) of this code subsection is not appropriate because __________________________________________________________________________________________________________________________

Therefore, pursuant to paragraph (4) of this code subsection, Permanent Custody of [CHILD] is HEREBY AWARDED to the Georgia Department of Human Resources through the _______________ County Department of Family and Children Services / [a licensed child-placing agency willing to accept custody] for the purpose of placing the child in a foster home. The Court determines that such placement is the most appropriate for and in the best interest of the child because __________________________________________________________________________________________________________________________


Dispositional OrderDispositional Order( ) The Court finds that placement under paragraph (1), (2), (3), and (4) of this code subsection is not appropriate because __________________________________________________________________________________________________________________________

Therefore, pursuant to paragraph (5) of this code subsection, Permanent Custody of [CHILD] is HEREBY AWARDED to [an agency or organization authorized by law to receive and provide card for children…] This placement will provide a family home because of the following characteristics:

__________________________________________________________________________________________________________________________

The Court determines that such placement is the most appropriate for and in the best interest of the child because __________________________________________________________________________________________________________________________



( ) The Court finds that placement under paragraph (1), (2), (3), (4), and (5) of this code subsection is not appropriate because ____________________________________________________________________________________________

Therefore, pursuant to paragraph (6) of this code subsection, the Court does HEREBY ORDER as follows: ____________________________________________________________________________________________



(X) The Court hereby finds that the placement made herein is in the best interest of the child.

This case is hereby set for REVIEW on _____________________ at ________, ____.m. to determine what efforts have been made to assure the adoption or other permanent placement of the child.


To Whom Must the Court Provide a To Whom Must the Court Provide a Copy of the Order Terminating the Copy of the Order Terminating the

Parental Rights?Parental Rights? Although this is not a new requirement, Although this is not a new requirement,

the statute was changed to correctly state the statute was changed to correctly state the name of the agency to whom the the name of the agency to whom the report is to be sent, which is the Office of report is to be sent, which is the Office of Adoptions of the Department of Human Adoptions of the Department of Human Resources; andResources; and

This provisions is included herein as a This provisions is included herein as a reminder of the court’s obligation to send reminder of the court’s obligation to send a copy of the termination order within 15 a copy of the termination order within 15 days following the filing of the order.days following the filing of the order.


Were the Post-Termination Review Were the Post-Termination Review Requirements Changed by SB 236?Requirements Changed by SB 236?

Not as to the previously existing options; butNot as to the previously existing options; but In those cases where the child was placed with a In those cases where the child was placed with a

guardian of the child pursuant to Paragraph (3) of guardian of the child pursuant to Paragraph (3) of Subsection (a), the guardian shall report to the Subsection (a), the guardian shall report to the court in the same manner and at the same court in the same manner and at the same frequency as is required for guardians of the person frequency as is required for guardians of the person of minors appointed by the judge of the probate of minors appointed by the judge of the probate court; andcourt; and

In those cases where the child was placed with an In those cases where the child was placed with an agency or organization authorized by law to receive agency or organization authorized by law to receive and care for children, the court shall, at least and care for children, the court shall, at least yearly, review the circumstances of the child to yearly, review the circumstances of the child to determine that the placement continues to be in determine that the placement continues to be in the child’s best interest.the child’s best interest.


Are the New Classes of Individuals and Are the New Classes of Individuals and Agencies that Have Been Made Eligible Agencies that Have Been Made Eligible for Permanent Placement Under SB 236 for Permanent Placement Under SB 236 Appropriate Permanency Options Under Appropriate Permanency Options Under

ASFA?ASFA?


Questions, Answers and Questions, Answers and Comments.Comments.

Documents

11/13/2003 Child Placement Conference GUIDE TO THE IMPLEMENTATION OF SENATE BILL 236 Prepared by the SB 236 Workgroup, a Project of the Georgia Model Courts