Georgia Division of Family and Children Services

Georgia Division of Family and Children Services Policy Updates and Federal Legislative Changes Presenter: Mitzie Smith and Rachel Davidson, Programs ...
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Georgia Division of Family and Children Services Policy Updates and Federal Legislative Changes Presenter: Mitzie Smith and Rachel Davidson, Programs and Policy Unit Presentation to: CASA Conference March 2015 Director Bobby Cagle

Policy Updates and Federal Legislative Changes Policy Updates: • Chapter 3 – Legal • Chapter 10 – Foster Care • Chapter 13 – ILP • New ODIS website: http://odis.dhs.ga.gov/Main/Default.aspx Note: Policies are designed to be consistent with the law, while providing additional guidance based on best practices.

Federal Legislative Changes: • Preventing Sex Trafficking and Strengthening Families Act

Chapter 3: Legal The Juvenile Court Process • Outlines the juvenile court process for a child in foster care in a manner consistent with Georgia law • Incorporates the Servicemembers Civil Relief Act (SCRA), which allows for a person on active duty military service to petition the court for a stay of the proceeding if he feels his military service materially affects his ability to defend himself.

Court Orders and Placement Authority • Outlines rights and responsibilities of parents and DFCS

Mediation • Outlines procedures for mediation including responsibilities of DFCS

Chapter 3: Legal Continuances • Incorporates requirement of “good cause” and outlines what does not constitute “good cause” • Outlines procedures for when a continuance is granted • Requires DFCS to notify the SAAG if a continuance would cause DFCS to be out of compliance with federal requirements Caregiver’s Right to be Notified and Heard • Updates time frames for notification (no later than 72 hours prior to the hearing)

Chapter 3: Legal CASA and GAL • Updates the duties and responsibilities of the CASA and/or GAL • Outlines the “best interest” factors considered by the CASA and/or GAL • Allows CASAs and GALs access to records of the child(ren) they are appointed to represent, consistent with state and federal law, particularly HIPAA Enlistment in the Armed Forces • Requires parental consent (temporary custody) or the DFCS Division Director’s consent (permanent custody) for a 17-year old to enlist

Chapter 10: Foster Care Placement of a Child • DFCS must notify Amerigroup, Rev Max, and DCH within 24 hours of a child entering or exiting foster care • Home visit required within 7 calendar days of a child’s initial placement and/or subsequent placement changes to assess child’s adjustment to the placement and to promote placement stability Placement Resources • Preference for out-of-home placement resource types outlined

Chapter 10: Foster Care Changes in Placement •

DFCS should only move children to achieve permanency, to place a child with his or her siblings, or when the child’s needs cannot be addressed in their current placement due to safety or well-being concerns. • Any plan for a trial home visit needs to be approved by the court prior to placing the child in the home. • Placement resources are to be provided 10 business days written notice of DFCS’ intent to remove a child placed there unless a safety concern exists. • Notification of placement change to the court and others needs to be consistent with state law. (5 days prior (non-emergency placement change) or within 24 hours after (emergency placement change).) NOTE: A respite care placement is not considered a placement change unless there is no plan to return the child to the original placement or if it is later determined the child should not return to the original placement.

Chapter 10: Foster Care Relative/Non-Relative Care Assessments • Requires any relative who expresses interest in being a resource for a child to be assessed unless court requirements or preliminary CPS and Criminal Records Checks restrict or prevent that relative from being considered further • Non-relatives interested in serving as a placement resource are encouraged to become foster parents Placement/Re-Placement Safety Screenings • DFCS shall conduct a CPS history screening on all caregivers and their adult household members (18+) prior to each placement or replacement (including respite) of a child into a foster home (DFCS or CPA). NOTE: This is not required when a child is returning to the same home following respite.

Chapter 10: Foster Care Financial and Non-Financial Supports • Outlines the various supports available to children that are in foster care, as well as children who have achieved permanency. NOTE: Program requirements must be met. • Outlines when certain payments must be suspended or terminated CCFA • DFCS shall collaborate with the Amerigroup Care Coordination Team to ensure each CCFA includes a Trauma Assessment for each child 5 years or older.

Chapter 10: Foster Care Medical, Dental and Developmental Needs • As part of the child’s Health Check, all children in foster care from birth to 5 must be referred to Children 1st for developmental screening, assessment and services. NOTE: If the child has already received a BCW referral, an additional one is not necessary. • Parents are invited to attend all medical and dental appointments for the child unless prohibited by court order or safety concerns. Psychological and Behavioral Health Needs • Requires monitoring and outlines a consent process for psychotropic medications • Outlines the role of the Regional Well-Being Specialist

Chapter 10: Foster Care Educational Needs • Every child in custody between 5-18 must be referred to DFCS’ EPAC Unit for an educational assessment and consultation • Must ensure a child’s educational stability while in foster care, including exploring all transportation options available to maintain a child in their current school placement • DFCS shall utilize DOE’s SLDS to obtain education data and information for children in care • Make efforts to minimize the number of school absences a child experiences • Outlines procedures to follow if a child must change schools

Chapter 10: Foster Care Spiritual, Social and Recreational Needs •

Each child in foster care shall have opportunities for: 1) Spiritual development in accordance with the wishes of the child and parents; and 2) Family and community recreational activities for the development of special abilities and interests, such as hobbies, sports, music, scouting, arts and crafts.

Service Needs of an Immigrant Child •

• •



DFCS shall notify the consulate when it has reason to believe a child subject to removal from their home is a foreign national (someone other than a U.S. citizen, U.S. permanent or temporary legal resident alien, or person in U.S. custody). If a foreign national has applied for asylum or refugee status, DFCS shall not reveal that information to the applicant’s government. An undocumented child’s case plan must include efforts to address the child’s immigration status. NOTE: Immigration law is very complex and most children would benefit from the services of an immigration attorney. However, government funds cannot be used to pay for their services. If a child is eligible for SIJS, the SAAG may assist in developing the necessary juvenile court order, but the SAAG is not authorized to provide immigration services.

Chapter 10: Foster Care Preserving Sibling Connections • Siblings should be placed together. If they cannot, then they should have frequent visitation.

Minor Parent Expecting or Who has a Child While in Foster Care • DFCS shall not seek custody of an infant born to a mother in foster care unless a safety concern exists and/or the mother is unable to care for her child with the assistance of the placement resource. • DFCS shall offer expectant fathers in foster care services to assist them in facilitating a relationship with and/or caring for their child.

Chapter 10: Foster Care Permanency Planning • In order of preference, the permanency plan options include: reunification, adoption, permanent guardianship, or APPLA if the court finds and documents a compelling reason that the other 3 options are not in the child’s best interest. • Prior to recommending permanent guardianship, DFCS shall ensure there is a court finding for NR, an approved relative/nonrelative care assessment and at least 6 months of DFCS supervision of a child’s placement with the caregiver. NOTE: A waiver is required from the State Office’s Permanency Unit prior to seeking permanent guardianship for a child under the age of 14 or for a child who is legally free for adoption. • Recent DFCS mandate regarding temporary and permanent guardianships

Chapter 10: Foster Care Case Planning • DFCS shall notify a GAL of the development of any case plan of the child for which he/she is appointed and provide an opportunity for them to be involved in the development of the plan. • When an infant is born drug-exposed or with FASD, DFCS shall ensure a Plan of SafeCare is incorporated into the Family Plan.

Missing Children • Outlines steps to follow if a child is believed to be missing or has runaway. NOTE: CASAs can help this process by interviewing people the child may have disclosed information to, trying to locate the child through social media, and/or interviewing the child upon their return.

Chapter 13: Independent Living Program Introduction to ILP • Includes a list of ILP services ILP Eligibility • Clarifies ILP eligibility criteria and the process for determining eligibility for ILP services • Youth that are incarcerated may still be eligible for ILP services. Casey Life Skills Assessment (CLSA) • Incorporates the practice for the CLSA results to be used when developing goals for the WTLP

Chapter 13: Independent Living Program Written Transitional Living Plan (WTLP) • Adds Every Child Every Month (ECEM), Transition Roundtable (TRT) and Family Team Meeting (FTM) as tools for completing the WTLP • Adds additional participants (i.e. Division of Aging Services (DAS), Department of Education (DOE), etc.) for developing a WTLP and Transition Planning • A WTLP for a youth with mental or physical disabilities is still required and should contain information regarding the youth’s particular disability and individual needs.

Chapter 13: Independent Living Program Transition From Foster Care • Incorporates IV-E requirement regarding transition planning • Adds an Initial Transition Planning Meeting within 30 days of youth’s 17th birthday and a Foster Care Exit Meeting within 90 days prior to the youth turning 18 • Requires all participants in the youth’s life to be engaged in Transition Planning and discussions with the youth regarding Extended Youth Support Services and other Post Foster Care Services available

Individual Development Accounts (IDA) • Updates requirements to clarify eligibility process • DFCS may match up to $1000 of an individual child’s deposits

Chapter 13: Independent Living Program Credit Reports for Youth in Care (*This is a new policy to meet the federal requirement.)

• Requires DFCS to assist youth in foster care ages 16 and 17 in obtaining credit reports • Requires education regarding credit as well as assistance in resolving discrepancies on credit reports Note: CASAs and GALs may assist with the education and discrepancy resolving process. (See the policy for resources and further information.)

Chapter 13: Independent Living Program Graduated Independence Plan (GIP) • Includes requirements for allowing youth to engage in age and developmentally appropriate activities for short periods of time as a normalizing process

Extended Youth Support Services • •

A youth with a legal immigration status who is over 18 and did not achieve permanency while in care is eligible to receive EYSS. A youth receiving EYSS may continue to do so until age 21.

Medical Insurance for Youth 18+ and GADHC • •

If otherwise eligible, a youth may receive Medicaid up to age 26. Adds IV-E requirement to offer youth the option of designating a health care proxy

Chapter 13: Independent Living Program Post Foster Care Services • Clarifies eligibility and process for post foster care services including educational services, transitional living program, and emergency funds Juvenile Court Reviews For Youth Ages 18 to 21 • New requirements for Juvenile Court Reviews for youth who are receiving independent living services after age 18

Preventing Sex Trafficking and Strengthening Families Act Identifying and protecting children and youth at risk of sex trafficking: •

Develop (in consultation with State and local law enforcement, juvenile justice systems, health care providers, education agencies, and organizations with experience in dealing with at-risk children and youth) policies and procedures (including relevant training for caseworkers) for identifying, documenting in agency records, and determining appropriate services with respect to youth who are believed to be, or at risk of being, sex trafficking victims.



Report to law enforcement any youth who has been identified as a sex trafficking victim. Also report to law enforcement any youth who is missing or abducted for entry into the FBI’s NCIC database and to the National Center for Missing and Exploited Children (NCMEC).



Include sex trafficking data in AFCARS.



Develop and implement specific protocols for: 1) expeditiously locating any child missing from foster care; 2) determining the primary factors that contributed to the child’s running away or otherwise being absent from care, and to the extent possible and appropriate, responding to those factors in current and subsequent placements; 3) determining the child’s experiences while absent from care, including screening the child to determine if the child is a possible sex trafficking victim; and 4) reporting such related information as required by the Secretary.

Preventing Sex Trafficking and Strengthening Families Act Improving opportunities for children in foster care and supporting permanency: •

Support normalcy by educating caregivers on and implementing the ‘reasonable and prudent parent standard’ (includes allowing the child to participate in age/developmentally-appropriate activities, such as social, extracurricular, enrichment, cultural, and social activities, including sports, field trips, and overnight activities lasting 1 or more days, and pertains to decisions involving the signing of permission slips and arranging of transportation for the child to such activities). The HHS Secretary is to provide assistance to states on best practices.



Permit use of the reasonable and prudent parenting standard by foster family homes and CCIs. As part of this, at least one official of a CCI shall be designated as the caregiver with authority to apply the standard; this person must be properly trained similar to foster parents.



Develop/revise the WTLP in consultation with the child and, at the option of the child, with up to 2 members of the case planning team, who are chosen by the child and who are not a foster parent of, or caseworker for, the child. The WTLP must include: - A document describing the rights of the child with respect to education, health, visitation, and court participation, the right to be provided certain documents, and the right to stay safe and avoid exploitation; and - A signed acknowledgement by the child that the child has been provided a copy of the WTLP and the rights contained in the document have been explained to the child in an age appropriate way.

Preventing Sex Trafficking and Strengthening Families Act Improving opportunities for children in foster care and supporting permanency-Cont’d: •



APPLA will no longer be an option for children under age 16. When APPLA is selected, the following requirements apply: • At each permanency hearing, document the intensive, ongoing, unsuccessful efforts to return the child home or secure a permanent placement, including through efforts that utilize search technology (including social media) to find biological family members for the child. •

Implement procedures to ensure that, at each permanency hearing for the child, the court does the following: a) ask the child about the desired permanency outcome for the child; and b) make a judicial determination explaining why APPLA is the best option and provide compelling reasons why it continues to not be in the best interests of the child to return home, be placed for adoption, be placed with a legal guardian, or be placed with a fit and willing relative.



At each permanency hearing, document the steps taken to ensure that the child’s foster home or CCI is following the reasonable and prudent parent standard and that the child has regular, ongoing opportunities to engage in age/developmentally appropriate activities.

If the child is leaving foster care after turning 18, unless the child has been in care less than 6 months, provide the child with an official or certified copy of the child’s US birth certificate, social security card, health insurance information, a copy of the child’s medical records, and a state driver’s license or ID card.

Preventing Sex Trafficking and Strengthening Families Act Additional requirements: •





Sibling Definition: For this law, the term ‘sibling’ means individual who satisfies at least one of the following conditions with respect to a child: • (A) The individual is considered by state/tribal law to be a sibling of the child, and • (B) The individual would have been considered a sibling of the child under state/tribal law but for a termination or other disruption of parental rights, such as the death of a parent. Diligent Search: Notification to include “notice to the following relatives: all adult grandparents, all parents of a sibling of the child, where such parent has legal custody of such sibling, and other adult relatives of the child (including any other adult relatives suggested by the parents) Updated credit reporting requirements to obtain credit reports for youth in care beginning at age 14

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