URGENT Objective

MOVING 10,592 CHILDREN TO PERMANENCY

In the CFSR, reviewers found that “in 60% of the applicable cases the agency had established an appropriate permanency goal for the child in a timely manner.” Final Report Ga. CFSR 27.

The national standard is 90%.

PERMANENCY HEARINGS• COURT Adopts a

• TIMELY and

• APPROPRIATE PERMANENCY PLAN.

Permanency Plans: ReunificationTermination and adoptionLegal guardianshipPermanent placement with a relativeAnother planned permanent living arrangement (compelling reason in best interest) O.C.G.A. Section 15-11-58(o); 42 U.S.C.A. Section 675(5)(C).

TIMELY PERMANENCY PLAN

• Within 30 days of a finding that reasonable efforts are not required or

• Within 12 months after the child is considered to have entered foster care and

• Within every 12 month period thereafter. Id.

• DFCS Submits a Report• Notice to foster parents, pre-adoptive parents and

relative caregivers who have a right to be heard• Court consults child in an age

appropriate manner• Court makes findings that reasonable efforts were

made to finalize permanency plan• In-state and out-of-state placements considered• Independent Living Plan

Permanency Hearing

PERMANENCY HEARING ORDER

( ) Pursuant to O.C.G.A. §15-11-58(p), the child(ren)’s custodian, foster parent(s), preadoptive parent(s), or relative(s) caring for the child(ren), was/were notified of the date and time of the Hearing.

( ) In accordance with O.C.G.A. §15-11-58(p), the Court considered the oral or written testimony offered by the parent(s), the custodian, the foster parent(s), and/or any preadoptive parents or relatives providing care for the child(ren) along with all testimony and evidence presented in this case.

( ) The child(ren) being at least 14 years of age, the Court finds that the following services are needed to assist the child(ren) to make a transition from foster care to independent living:

Enrollment in an independent living program

_________________________________________

_________________________________________

_________________________________________

( ) The child(ren)’s out-of-state placement continues to be appropriate and in the best interest of the child(ren)

( ) The court has considered in-state and out-of-state placements.

( ) The court has consulted, in an age appropriate manner, with the child about the proposed permanency or transition plan ________.

The Permanency Plan for the child(ren) is as follows:

( ) Reunification with _________________ no later than: _________________.

( ) Adoption following Termination of Parental Rights. Petition to be filed no later than: __________________.

( ) Referral for Legal Guardianship no later than: _______________________.( ) Placement with a fit and willing relative. Motion to be filed no later than:

____.

( ) Compelling reason why none of the foregoing options would be in the best interest of the children ________________________________________. ( ) Permanent placement in another planned permanent living arrangement to be finalized no later than ___________________________. The planned permanent living arrangement is as follows: ________________________________________. [long term foster care: LTFC agreement; emancipation: child will age out of care.]

YOU ARE A TEAM MEMBER• Think critically about permanency and act and speak as

if it is URGENT.• Review permanency plans and efforts that have been

made to finalize the plan before hearings. Discuss whether the plan is 1) appropriate and achievable 2) or should be changed and 3) suggest additional efforts to finalize the plan.

• File motions for permanency hearings quickly and schedule hearings timely and as soon as possible. Avoid continuances. Return to court quickly to change plans.

• Encourage concurrent planning ASAP and assist the county department with court resistance when needed. • Prepare for and present evidence at permanency

hearings.• Become a team member in the roundtable process.• Discuss concerns about case movement toward

permanency with DFCS.

Permanency Protocol• Discuss urgent need for timely permanency

hearings and appropriate plans with the court.• Suggest: pre-set timely permanency hearings

set at the adjudicatory/disposition hearing or last permanency hearing to occur no later than the first of the 11th month after the last permanency hearing or the date of removal (first hearing).

• Notice of the hearing to be delivered at the time it is set. Permanency hearings should not be continued to be held with other hearings.

• Court and SAAG work together so that other hearings can be held for judicial economy.

• Consider whether termination petition will be filed at first permanency hearing and include compelling reason in order if another permanency plan is to be recommended (not required if child in relative placement or services not timely provided according to case plan).

• Permanency hearings should always be held at the time of termination hearings. Remember to give notice of permanency hearing with termination hearing notice.

• Following termination of parental rights, permanency hearings should be held at post-termination reviews (every six months).

• County departments will now be monitoring permanency hearings for all children in care.

Until all permanency hearings can be pre-set so that they are held timely, work with the county department to file motions for permanency hearings that will be timely. The county department will monitor permanency hearings to be certain they are held timely.

If Court Does Not Choose to Pre-Set Permanency Hearings

• The county department will monitor permanency hearing times and will inform SAAG of need for hearing.

• A motion for a permanency hearing must be filed promptly and contain the date by which the hearing must be held. The SAAG must work with the court to schedule hearings timely.

DFCS Legal Services Must Be Informed Immediately If

Permanency Hearings Are Not Being Held Timely!!!!!!!

TERMINATION OF PARENTAL RIGHTS

• The state did not meet the national standard for the data composite concerning: The percentage of adopted children who moved from removal to

adoption within 24 months, The median length of stay in foster care for adopted children, The percentage of children in care for 17 months at the

beginning of the year who moved to adoption by the end of the year,

The percentage of children in care for 17 months at the beginning of the year who became free for adoption during the first six months of the year, and

The percentage of children free for adoption who were adopted within 12 months of becoming legally free.

Also, the CFSR Final Report said:• “In two cases [reviewed] there were delays in TPR due

to 1) the attorney not filing timely and the court not ruling timely and 2) a lack of concerted efforts to locate a potential adoptive resource and file for TPR.”

• “According to the Statewide Assessment, TPR requirements could be adhered to more consistently if DFCS and the Juvenile Court coordinated more effectively, if case managers were better trained in the documentation of compelling reasons, and if Special Assistant Attorneys General (SAAG) submitted termination petitions in a timely manner. Delays in submission of materials to the SAAG for preparation of TPR also results in delays in adoption finalization.”

O.C.G.A. Section 15-11-58(m) requires:That DFCS file or join in a petition to terminate parentalrights when:

• A child has been in care for 15 of the last 22 months, • A court has determined a child to be an abandoned infant, as set forth in

subsection O.C.G.A. Section 15-11-94(b) or • A court has made a determination that the parent has committed murder

of another child of the parent; committed voluntary manslaughter of another child of the parent; aided or abetted, attempted, conspired, or solicited to commit murder or voluntary manslaughter of another child of the parent, or committed felony assault that has resulted in serious bodily injury to the child or to another child of the parent, or

• Has been convicted of the murder of the other parent of the child, UNLESS: • the child is placed with a relative,• the department has failed to timely provide services under the case plan

or • there is a compelling reason that filing a termination petition in not in the

child’s best Interest in the case plan.

The Petition must be filed or joined:

• For children who have been in care for 15 of the last 22 months, by the end of the 15th month in care, and

• When one of the specified judicial findings is made, within 60 days of the finding.

Note: Termination petitions should be filed as soon as it is determined that termination of parental rights is appropriate. These deadlines are the latest possible times for filing, not the earliest.

Termination Protocol• At the permanency hearing, determine if the

child will be subject to the 15/22 requirement and discuss the filing of a termination petition with the county department. Remind the county department that any compelling reason why the termination petition should not be filed should be included in the permanency order and the case plan.

• If appropriate, ask the county department to prepare the termination packet so that the petition can be filed as soon as possible.

• Remind the county department if tests, such as DNA, need to be done. Reiterate that the father’s rights must be addressed and he must be a part of any reunification efforts.

• When the packet is received, note whether publication must occur and, within 5 days, let the county department know what additional information is needed. Send the county department the letter confirming your receipt of the termination packet.

• Prepare the termination petition within 30 days of receiving the packet and file it.

• Serve the parents, including service by publication, as soon as possible.

• Schedule the hearing as soon as possible, reminding the court that the hearing must be held within 90 days of filing the petition.

• Prepare and be ready, with witnesses subpoenaed, to try the case.

• Discuss ways to avoid hearing delays with the court, such as providing the parents with counsel before the hearing day and avoiding continuances.

• Prepare the final order within 25 days of the hearing and submit it to the court, reminding the court that the order must be filed within 30 days of the hearing.

• When an appeal is filed, repeatedly remind the court that the record must be prepared and submitted to the appellate court.

As a member of the DFCS team:• Discuss the need to move termination

actions forward and ways to avoid delays with the juvenile court judges in the counties where you represent DFCS.

• Encourage the DFCS offices you represent to make decisions concerning termination of parental rights as soon as possible and give them helpful advice to assist them in making the decision and assembling evidence.

There are 10,592 Reasons for you to join the rush to

permanency for Georgia’s foster children. Do your part. No child should remain in care one day

longer than necessary.

10,592 children in foster care in Georgia???