georgia as parent: what are the state’s responsibilities?

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Georgia as Parent : What are the State’s Responsibili ties?

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Page 1: Georgia as Parent: What are the State’s Responsibilities?

Georgia as Parent:

What are the State’s Responsibilities?

Page 2: Georgia as Parent: What are the State’s Responsibilities?

Road Map

• Overview

• Sources of Responsibility

–Federal Statutes, Federal Case Law, State Statutes, Other

• Kenny A. v. Perdue Lawsuit

• Research and Best Practices

• Nuts and Bolts of Current State Policy

Page 3: Georgia as Parent: What are the State’s Responsibilities?

In a nutshell…§15-11-13

• right to physical custody of the child

Page 4: Georgia as Parent: What are the State’s Responsibilities?

In a nutshell…§15-11-13

• the right to determine the nature of the care and treatment of the child, including ordinary medical care

Page 5: Georgia as Parent: What are the State’s Responsibilities?

In a nutshell…§15-11-13

• right and duty to provide for the care, protection, training, and education and the physical, mental, and moral welfare of the child

Page 6: Georgia as Parent: What are the State’s Responsibilities?

In a nutshell…§15-11-13

• subject to the conditions and limitations of the order and to the remaining rights and duties of the child's parents or guardian

Page 7: Georgia as Parent: What are the State’s Responsibilities?

Sources of Responsibilities

• Federal Statutes:– CAPTA (1974)

– AACWA (1980)

– Family Preservation and Support Program (1993)

– MEPA (1994) / IEP (1996)

– ASFA (1997)

Page 8: Georgia as Parent: What are the State’s Responsibilities?

Sources of Responsibilities

• Federal Statutes:– Chafee Foster Care Independence

Act (1999)

– Promoting Safe and Stable Families (2001)

– McKinney-Vento Act (2001)

– Keeping Children and Families Safe Act (2003)

Page 9: Georgia as Parent: What are the State’s Responsibilities?

Sources of Responsibilities

• State Statutes– OCGA Title 15, Chapter 11

– OCGA Title 49

Page 10: Georgia as Parent: What are the State’s Responsibilities?

Sources of Responsibilities

• Federal and State Case Law– Smith v OFFER

– Santosky v. Kramer

– DeShaney v. Winebago

– Suter v. Artist M.

– Taylor v. Ledbetter

Page 11: Georgia as Parent: What are the State’s Responsibilities?

Sources of Responsibilities

• State Rules and Regulations

• Agency Policy– http://www.odis.dhr.state.ga.us/

• Practice and Custom

• Settlement in Kenny A v. Perdue

Page 12: Georgia as Parent: What are the State’s Responsibilities?

Kenny A. v. Perdue State Settlement

• Legally binding on Fulton and DeKalb Counties• State has 2 yrs to come into compliance, then must

remain in substantial compliance for 18 consecutive months

• 31 Outcome Measures• Systemic infrastructure and management reforms• Majority of settlement tracks existing law & policy• No cost estimates released by state• Public reports at 6 month intervals• Accountability Agents: Jim Dimas, Sarah Morrison

Page 13: Georgia as Parent: What are the State’s Responsibilities?

Kenny A. v Perdue Fulton County Proposed Settlement

– Establishment of an independent office for the Fulton County Child Advocate Attorneys

– Initial staffing of the child advocate office with 12 full-time child advocate attorneys, 2 full-time investigators and 3 full-time support staff.

– Completion of a comprehensive workload review

– The appointment of Judge William Jones of Charlotte, North Carolina as an independent Accountability Agent.

– Adoption of performance standards

Page 14: Georgia as Parent: What are the State’s Responsibilities?

Do No Harm

State care should provide:

• More protection from harm• Greater safety• Increased well-being • Greater permanence

than home from which child is removed

Page 15: Georgia as Parent: What are the State’s Responsibilities?

Research-Based Policy and Practice

What does research say about what is best for children?

• Long-term outcomes from various placements

• Child Development

• Attachment/Bonding theories

• DSM-IV Diagnoses

Page 16: Georgia as Parent: What are the State’s Responsibilities?

Physical Custody

• Appropriate placement for child’s needs

• Approved foster home• Least restrictive, most family-like

setting• In close proximity to home of parents• 12 months to permanency plan• Placement w/ siblings

Page 17: Georgia as Parent: What are the State’s Responsibilities?

Care and Protection

• Comprehensive Child and Family Assessment w/in 60 days

• Case Plan: developed with parent, children, foster parent

• Bi-Monthly home visits

• Monthly face-to-face visits

• Funding/eligibility

Page 18: Georgia as Parent: What are the State’s Responsibilities?

Physical Welfare

• Provide Medicaid or other insurance (to age 18 or 19)

• Obtain health history

• Health exam within 45 days (10 days under Kenny A.)

• Dental exams start no later than age 3 (10 days under Kenny A.)

• Share health info w/ caretaker

Page 19: Georgia as Parent: What are the State’s Responsibilities?

Physical Welfare

• Follow up care (EPSDT)

• Well-child checks based on AAP

• Right to determine routine medical care

• Privacy concerns

• Reproductive care

Page 20: Georgia as Parent: What are the State’s Responsibilities?

Mental Welfare

• Psychological or psychiatric eval must be completed w/in 180 days of removal unless child is under 6 yrs or has had eval w/in previous 6 months

• Level of Care

• Parham v. JR

• MH records

Page 21: Georgia as Parent: What are the State’s Responsibilities?

Emotional Welfare

• Recreational needs

• Extracurricular activities

• Placement w/ siblings

• Visits w/ parents, siblings, others

• Spiritual needs

• Participation in cultural activities

Page 22: Georgia as Parent: What are the State’s Responsibilities?

Education and Training

• Compulsory education to age 16

• Comprehensive Assessment to identify educational needs

• Attend public school in community

• McKinney-Vento Act

• Special Educational Needs

Page 23: Georgia as Parent: What are the State’s Responsibilities?

Moral Welfare

• Discipline = ok, punishment ≠ ok

• No corporal punishment at home or school

• Participation in spiritual and cultural activities

• Values

Page 24: Georgia as Parent: What are the State’s Responsibilities?

Younger Children

• Must be referred to early intervention services (Babies Can’t Wait)

• Remember the child’s sense of time

Page 25: Georgia as Parent: What are the State’s Responsibilities?

Older Children

• Children who are parents• Reproductive rights• Independent Living Program• WTLP • Can remain in care until age 21 • Chafee Act• Postsecondary education related

expenses

Page 26: Georgia as Parent: What are the State’s Responsibilities?

Right to Self-Determination

• Representation

• Notice of proceedings

• Role in proceedings?

• Participate in development of case plan

• Participate in development of ILP and WTLP

Page 27: Georgia as Parent: What are the State’s Responsibilities?

“For these are all our children, and we will all profit by, or pay for, whatever they become.”

--James Baldwin

Page 28: Georgia as Parent: What are the State’s Responsibilities?

Questions? Want more info?

Karen WorthingtonDirector

Barton Child Law & Policy Clinicat Emory University

[email protected]

Jessica GordonPost Graduate Fellow in Law

Barton Child Law & Policy Clinicat Emory University

[email protected]