Dependency and Termination of

Parental Rights

Article 3: Dependency

15-11-100: Purpose of this article is -

Assist and protect children whose physical or mental health

and welfare is substantially at risk of harm from abuse,

neglect or exploitation AND who may be further threatened by

the conduct of others by providing for the resolution of

dependency proceedings in juvenile court.

Ensure that dependency proceedings are conducted

expeditiously to avoid delays in permanency plans for children.

Provide the greatest protection as promptly as possible for

children.

Ensure that the health, safety and best interests of a child be

the paramount concern in all dependency proceedings.

15-11-26: Whenever a best interests determination is required,

the court shall consider and evaluate all of the factors affecting

the best interests of the child in the context of the child’s age and

developmental needs.

Statute includes list of 20 factors that must be

included in court’s best interests evaluation.

Dependency Proceedings: Best Interests

Child Advocacy in Dependency Proceedings

Child’s Attorney

15-11-103: A child shall have right to attorney at all stages of

dependency proceedings.

Appointment before first court hearing that may substantially

affect child’s interests.

Representation shall continue in any subsequent appeals

unless excused by court.

Child’s right to an attorney not waivable.

Child Advocacy in Dependency Proceedings

Guardian ad Litem – Attorney or CASA

15-11-104(a): The court shall appoint a Guardian ad Litem for an

alleged dependent child.

Best interests evaluation to be made in context of child’s age

and developmental needs.

15-11-105(b) – 13 factors to be considered when evaluating

child’s best interests.

For thorough best interests evaluation, evaluate additional

factors described in 15-11-26.

15-11-105(c) defines minimum duties and responsibilities.

Legal Options Before Removal or Adjudicatory Proceedings15-11-101(a): Investigator of child abuse and neglect report may apply to court

for:

Physical examination and evaluation of child or other children in home by a

physician: Requires showing of probable cause in an affidavit executed by

applicant.

Psychological or psychiatric examination and evaluation of a child or other

children in the household by psychologist, psychiatrist or licensed mental

health professional: Requires showing of probable cause in an affidavit

executed by applicant AND after a hearing.

Forensic examination and evaluation of a child or other children in the

household by psychologist, psychiatrist or licensed mental health professional:

Requires showing of probable cause in an affidavit executed by applicant AND

after a hearing.

Physical, psychological or psychiatric examination of child’s parent, guardian

or legal custodian: Requires showing of probable cause in an affidavit

executed by applicant AND after a hearing.

Dependency Proceedings: Removal

Statutory language guiding legal basis for removal:

15-11-1: It is the intent of the General Assembly to preserve and

strengthen family relationships, countenancing the removal of a

child from his or her home only when state intervention is

essential to protect such child and enable him or her to live in

security and stability.

15-11-132(b): Exceptional circumstances

15-11-132(b): Necessity of child’s removal in order to safeguard

child’s welfare

15-11-134: Child’s continuation in his or her home is contrary to

the child’s welfare.

Preliminary Protective Hearing

15-11-102(a) and 15-11-145(a): To be held no later than 72 hours

after child placed in protective custody.

15-11-145(c) - If no parental notification, parent does not appear

or waive appearance, and files affidavit stating these facts,

Preliminary Protective Hearing held again without unnecessary

delay.

15-11-145(f) – Court shall inform parties of contents of complaint

and nature of proceedings in terms understandable to the

parties, as well as parties’ due process rights.

Petition for Dependency

• 15-11-150: DFCS employee, law enforcement officer or any

person who has actual knowledge or is informed of child abuse,

neglect or abandonment can file Petition for Dependency.

• No requirement in Article 3 for endorsement of Petition for

Dependency.

• 15-11-280(b): Petition to terminate parental rights shall be

made, verified and endorsed by the court as provided in

Article 3 of this chapter for a petition alleging dependency.

• Check with your court regarding endorsements of Petitions

for Dependency.

Amendments to Petition for Dependency

15-11-153(a) – May amend petition at any time to cure defects of

form and, prior to adjudicatory hearing, to include new

allegations of facts or requests for adjudication.

If petition amended after initial service for anything except

curing defects of form, must serve on parties and provide copy

to attorneys of record.

15-11-153(c) – Court shall grant parties additional time to prepare

only as may be required to ensure and full and fair hearing.

If child is in protective custody, adjudicatory hearing shall not

be delayed more than 10 days beyond original date of hearing.

Petition for Dependency: Time Frames

15-11-102(b) & 15-11-151(b): If child released from foster care

at Preliminary Protective Hearing, petition to be filed within 30

days of hearing.

15-11-102(b) & 15-11-181(a): Adjudication hearing held no

later than 60 days after filing of petition.

15-11-102(c), 15-11-145(g) & 15-11-151(a): If child remains in

foster care after Preliminary Protective Hearing, petition to be

filed within 5 days of hearing.

15-11-102(c) & 15-11-181(a): Adjudication hearing held no

later than 10 days after filing of petition.

15-11-181(a): If adjudicatory hearing not complete within 60

days from date child placed in protective custody, petition

may be dismissed without prejudice.

Petition for Dependency: Summons & Service 15-11-160(a): Summons to be served on child 14 years or old,

parent, child’s attorney and child’s GAL, and others as directed by

the court.

15-11-160(d): Child’s right to service of summons not waivable.

15-11-102(b) & 15-11-161(a): Party is within the state and can be

found – personal service at least 72 hours before adjudicatory

hearing.

15-11-161(b): Party is within the state and cannot be found but

address is known OR party is outside the state and address is

known - service by registered or certified mail or statutory

overnight delivery at least 5 days before adjudicatory hearing.

Petition for Dependency: Service by Publication

15-11-161(d) - Party cannot be found and address cannot be determined –

service by publication.

Adjudicatory hearing must be at least 5 days after date of last

publication.

Within 15 days after filing of Order for Service by Publication, clerk’s

office shall mail copies of notice, order for service by publication and

petition to party’s last known address.

Provisional hearing option the same:

Party served by publication does not appear at final adjudicatory

hearing - provisional findings become final.

Party served by publication does appear at final adjudicatory hearing -

provisional findings and order vacated and new adjudicatory hearing

held.

Petition for Dependency: Failure to Appear

15-11-162: If parent is served with Petition for Dependency and

willfully fails to appear, court may order parent to appear to

show cause why parent should not be held in contempt of

court.

If parent fails to appear following service of show cause order,

court may issue bench warrant.

Following show cause hearing, court may hold person in

contempt under 15-11-31.

Sanction options include incarceration up to 20 days and

fine up to $1,000.

Dependency Proceedings: Discovery

15-11-170(a): Upon written request to the party having actual possession of

material to be produced, any party shall have full access to the following:

Names & telephone numbers of each witness likely to be called to testify

Copy of any formal written statement made by child or any witness that

party intends to call as witness

Scientific or other report

Drug screen of child or parent

Case plan for child or parent

Visitation schedule related to child

Photographs and any physical evidence intended to be introduced at

hearing

Copies of any relevant law enforcement incident reports

Any other relevant evidence not requiring consent or court order.

Dependency Proceedings: Discovery 15-11-170(b): Upon presentation of court order or written consent

from appropriate person permitting access to the party having

actual possession of material to be produced, any party shall have

full access to following:

Psychological, developmental & physical assessments of child

or parent

Child’s school records

Child’s medical records

Transcripts, recordings and summaries of any oral statement

made by child or any witness

Family team meeting or multi-disciplinary team meeting

report

Supplemental law enforcement reports

Immigration records concerning child

Dependency Proceedings: Reciprocal Discovery

15-11-170(c): Any party requesting discovery under 15-11-

170(a) or (b) has obligation of reciprocal discovery. Must

promptly make the following available:

Names and contact information for each witness that forms

basis of party’s defense or claim

Scientific or other report

Photographs and any physical evidence

Copy of any written statement made by any witness that

party intends to call as witness at the hearing

Court Order for Discovery If request for discovery or consent for release is refused – motion for court

order granting discovery.

Certification - request for discovery or request for consent for release

was made and refused. Good faith efforts made to resolve.

Court may set conditions on discovery response IF party from whom

discovery is sought makes sufficient showing that disclosure of information

would:

Jeopardize safety of party, witness or confidential informant

Create substantial threat of physical or economic harm to a witness or

other person

Endanger existence of physical evidence

Disclose privileged information

Impede criminal prosecution

Reciprocal discovery requirement

Dependency Proceedings: Discovery Time Frames

Requests for discovery and reciprocal discovery must be

complied with promptly and no later than:

5 days after request is received OR

72 hours prior to any hearing, except when later

compliance is made necessary by timing of the request.

If discovery request is made less than 48 hours prior to

adjudicatory hearing, discovery response shall be produced in a

timely manner.

Continuing duty to produce discovery.

Dependency Proceedings: Discovery

15-11-170(f): Child who is subject of dependency case shall not be deposed

unless court orders deposition, under such conditions as court may order.

Court must find child’s deposition would further purposes of 15-11-170.

Court has discretion to order disclosure of any information the court deems

necessary for proper adjudication.

15-11-170(g): If party fails to comply with order for discovery, court may:

Grant a continuance request;

Prohibit party from introducing into evidence the information not

disclosed; or

Enter such other order as the court deems just under circumstances.

15-11-170(i): Any produced discovery can only be used during dependency

case – may not be given to anyone else.

Adjudicatory Hearing

15-11-180: Standard of proof and burden of proof – same as current law

15-11-181(d): Adjudicatory hearing shall be conducted in accordance

with Georgia’s Evidence Code.

Relevant testimony or evidence may not be excluded on any ground

of privilege except:

Attorney-client privilege, and

Communications between priest/rabbi/duly ordained minister and

confidential communicant.

15-11-181(h): If court adjudicates child as dependent child, court must

make a finding whether dependency is result of substance abuse by the

parent.

Dependency Proceedings: Continuances 15-11-110(a): Upon request of attorney for a party, court may continue

hearing beyond statutory time frames.

No continuance if contrary to child’s best interests.

In evaluating child’s best interests, court shall give substantial

weight to:

Child’s need for prompt resolution of custody status.

Need to provide child with stable environment, and

Damage to child from prolonged temporary placements.

15-11-110(b): Showing of good cause required for continuance. Must

have evidentiary finding on the record.

No continuances for:

Need for discovery,

Convenience of the parties, and

Other pending matters except as required by attorney conflict

rules.

Dependency Proceedings: Reasonable Efforts

15-11-202(b): Child’s health and safety is of paramount concern

in determination regarding appropriateness of reasonable efforts.

15-11-202(f): Court shall consider whether services were:

Relevant to safety and protection of child,

Adequate to meet needs of child and family,

Culturally and linguistically appropriate,

Available and accessible,

Consistent and timely, and

Realistic under the circumstances.

15-11-202(g): Finding of no reasonable efforts shall not preclude

court’s issuance of order regarding child’s placement where court

finds placement is necessary for protection of child.

Dispositional Issues: Visitation 15-11-2(75): Period of access to a child by parent, guardian, legal

custodian, sibling or other relative OR any person who has

demonstrated an ongoing commitment to child in order to

maintain parental and familial involvement in child’s life when he

or she is not residing with such person.

15-11-112(a): When a child removed from home, court shall order

reasonable visitation that is consistent with child’s age and

developmental needs if court finds visitation in child’s best

interests.

15-11-112(b): Presumption of unsupervised visitation unless

unsupervised visitation not in child’s best interests.

15-11-112(c): Within 30 days of court finding parent has not made

substantial progress towards completion of case plan, court shall

review terms of visitation and determine whether terms should be

modified.

Dispositional Issues: Case Plans 15-11-201: Case plan designed to achieve placement in most appropriate, least

restrictive and most family-like setting available –

In close proximity to parents’ homes;

In proximity to school in which child enrolled at time of placement; and

Consistent with best interests and special needs of child.

Case plan to include –

Assessment of child’s and family’s strengths and needs, and type of

placement best equipped to meet those needs.

Discussion of safety and appropriateness of placement.

Time-limited goals and date the time-limited services will be terminated.

Visitation schedule with siblings and appropriate relatives.

When placement is out-of-state or a substantial distance from parent’s

home, reasons why placement is most appropriate and in child’s best

interests.

If child placed out-of-state, case plan to document compliance with ICPC

and rationale for out-of-state placement.

Permanency Plan versus Permanent Placement

15-11-2(53): Permanency plan – specific written plan prepared by DFCS

designed to ensure that a child is reunified with his or her family or

ensure that such child quickly attains a substitute long-term home

when return to child’s family is not possible or is not in child’s best

interests.

15-11-2(54): Permanent placement means –

Return of the legal custody of a child to his or her parent;

Placement of a child with an adoptive parent pursuant to a final

order of adoption; or

Placement of a child with a permanent guardian.

15-11-201(b)(14) and 15-11-232(c) – APPLA is permissible permanency

plan. Document compelling reason why TPR is not in child’s best

interests.

15-11-233(b)(2): Compelling reasons

Non-Reunification Procedural Issues

15-11-204(d): DFCS has burden of demonstrating reunification not

appropriate considering child’s health, safety and need for

permanence.

Presumption that reunification is detrimental to child and

reunification services should not be provided if court finds:

Parent unjustifiably failed to comply with court-ordered

reunification case plan;

Child removed at least twice previously and reunification services

provided on two prior cases;

Ground exists for TPR; or

Any of circumstances described in 15-11-203.

Disposition Hearing

• 15-11-102 and 15-11-210(a): Hearing must be held and completed

within 30 days after conclusion of adjudicatory hearing.

• 15-11-210(b): Court may consider any evidence relevant, reliable and

necessary to determine child’s needs and most appropriate disposition.

• During hearing, court must receive into evidence:

• Social study report, if one,

• DFCS case plan – filed with court at least 48 hours before

disposition hearing,

• GAL’s report,

• Any psychological, medical developmental or educational evaluation

of child, and

• Any other relevant or material evidence.

Disposition Hearing: Findings of Fact15-11-213: Court must consider -

Why child’s bests interests and safety are served by disposition and

case plan:

Interaction of child and family,

Child’s adjustment to home, school and community,

Mental and physical health of all persons involved,

Child’s wishes regarding placement,

Parent’s wishes regarding child’s custody,

Existence of relative or other individual qualified to care for child,

and

Parent’s ability to care for child in parent’s home without harm to

child.

Availability of services referenced in case plan

Alternative dispositions or services - why not appropriate in this case?

Appropriateness of placement, and

Reasonable efforts assessment

Disposition Hearing: Court Order Options

o 15-11-212: Any one or combination of the following orders of

disposition:

o All options under current law;

o Order child and parent to participate in counseling designed to

assist in deterring future conditions of dependency;

o Order parent to participate in educational or counseling program

designed to improve ability to provide proper parental care and

control and supervision of child – including parenting classes; and

o If child in protective custody in part due to parental substance

abuse, order return to parent’s custody only if parent participates

in substance abuse treatment and provides at least 6 consecutive

months of clean random drug screens.

Disposition Issues

15-11-214(a): Order of disposition shall continue in force until the

purposes of the order have been accomplished.

No longer a need for extensions and second deprivation

hearings.

15-11-214(b): Following motion by party or on sua sponte basis,

court may terminate order of disposition if it appears purposes of

the order have been accomplished.

15-11-210(f): At conclusion of the disposition hearing, court must

set the dates and times for the first review hearing and for the

permanency plan hearing.

Review Hearings: Time Frames

15-11-102(d) and 15-11-216(a):

Initial review hearing – within 75 days after child’s removal

from home.

Subsequent review within 4 months of initial review hearing.

Court has discretion to schedule any subsequent review

hearings as necessary.

Review Hearings: Notice

15-11-108: Court shall provide to all parties written notice of

date, time, place and purpose of post-adjudication hearings.

Written notice shall be delivered to the recipient at

least 72 hours before the hearing by U.S. mail, email or

hand delivery.

15-11-109: DFCS must notify the foster placement of every

hearing.

Written notice shall be delivered to the recipient at

least 72 hours before the hearing by U.S. mail, email or

hand delivery.

Review Hearings: Findings of Fact**Paramount concern at any review hearing is the child’s health and

safety.

15-11-218: Court shall issues written findings of fact that include:

Whether child continues to be a dependent child;

Whether existing case plan is still best case plan for child and family

and whether any changes should be made;

Extent of case plan compliance by all parties;

Basis for any changes to child’s placement;

Whether visitation is and continues to be appropriate;

Progress being made on the permanency plan;

Whether all legally required services are being provided to child, child’s

foster parents and parents;

Independent living services for child 14 years or older; and

Reasonable efforts assessment.

Review Hearings: Order Options

15-11-218(b)(4): If court determines DFCS failed to

implement any material provision of the case plan or abused

its discretion in the placement or proposed placement of the

child, court may make additional orders regarding the

treatment plan or placement of the child to protect child’s

best interests.

15-11-216(d): At any review subsequent to the initial review,

if the court finds the parent has failed to make substantial

progress towards completion of the case plan, court shall

order DFCS to develop concurrent case plan or case plan

with non-reunification permanency plan.

Permanency Plan Hearings: Time Frames

15-11-102(e) and 15-11-230(b):

If DFCS files motion for non-reunification, hearing within 30 days

of filing of motion.

For children under 7 years old on filing date of Petition for

Dependency – hearing no later than 9 months after date child

entered foster care Or NR time line above, whichever comes first.

For children 7 years or older on filing date of Petition for

Dependency – hearing no later than 12 months after date child

entered foster care Or NR time line above, whichever comes first.

Thereafter, hearing every 6 months while child in DFCS custody.

Can be more frequent as deemed necessary by court.

Permanency Plan Hearings

15-11-230(a): Purpose - for court to determine future permanent

legal status of child in DFCS custody.

15-11-230(d): All parties must be given written notice of hearing

at least 5 days in advance of hearing.

15-11-231: At least 5 days before hearing, DFCS must file with

court a report recommending permanency plan.

15-11-230(e): Court must consult with child in age-appropriate

manner regarding proposed permanency plan.

Findings of Facts and Conclusions of Law – similar to current

law

Statutory Guidance for When Not to File for TPR

15-11-233(b) : Circumstances pursuant to which TPR not in child’s

best interests, including examples of compelling reasons -

Parent successfully participating in reunification services;

Another permanency plan better suited to meet child’s health

and safety needs;

Child is living with relative who is unwilling or unable to adopt,

but who is willing to provide stable and permanent home for

child AND removal from relative’s physical custody would be

detrimental to child’s emotional well-being.

Court determined that DFCS did not make reasonable efforts

under reunification permanency plan.

Child is unaccompanied refugee or there are international legal

obligations or foreign policy reasons that preclude TPR.

Article 4: Termination of Parental Rights

15-11-260: Purpose of this article is -

Protect dependent child from parent who is unwilling or unable to

provide safety and care adequate to meet child’s needs.

Eliminate need for dependent child to wait unreasonable periods of time

for parent to correct conditions which prevent child’s return to family.

Ensure continuing needs of dependent child for proper physical, mental

and emotional growth and development are decisive considerations in all

proceedings.

Ensure constitutional rights of all parties are recognized and enforced in

all TPR proceedings, while ensuring child’s fundamental needs are not

subjugated to interests of others.

Encourage stability in dependent child’s life by ensuring all proceedings

are conducted expeditiously to avoid delays in resolving status of parent

and in achieving permanency for child.

Child Advocacy in TPR Proceedings

Child’s Attorney

15-11-262: A child shall have right to attorney at all stages of TPR

proceedings.

Appointment before first court hearing that may substantially affect child’s

interests.

Representation shall continue in any subsequent appeals unless excused by

court.

Child’s right to an attorney not waivable.

Guardian ad Litem

15-11-262(d): court may appoint GAL for child in TPR proceeding at request

of child’s attorney or on sua sponte basis.

GAL may be same person as child’s attorney unless conflict.

GAL has same role as defined under Article 3.

TPR Proceedings Issues 15-11-263: Court may order dependent child or parent to

participate in physical or mental evaluation. Moving party to

pay cost unless cost apportioned by court.

15-11-270: Jurisdiction and transfer rules – same as current law.

15-11-280: Petition requirements similar to those under

Dependency Article.

15-11-264: Discovery rules same as under Dependency Article.

15-11-265: Once TPR petition has been filed, parent shall

thereafter be without authority to execute an act of surrender or

otherwise to affect custody of his or her child except parent may:

Execute act of surrender in favor of DFCS, and

Consent to judgment terminating parental rights.

TPR Proceedings: Summons and Service

While Summons must issue and be served upon child 14 years or

older, as well as child’s attorney and child’s GAL in dependency

proceedings, 15-11-281 requires that Summons must issue and be

served upon child’s attorney and child’s GAL, if any, in TPR

proceedings.

15-11-281(b): Court shall direct notice and copy of TPR petition

be provided to child 14 years or older. Not waivable by child or

child’s representative.

Service – same time frames as current law.

15-11-285: If parent is served with Petition for Termination of

Parental Rights and fails to appear without reasonable cause, court

may order parent to appear to show cause why parent should not

be held in contempt of court.

TPR Proceedings: Biological Fathers

15-11-283(a): Biological father entitled to be served if:

• Paternity previously established in judicial proceeding;

• Identity known to petitioner or petitioner’s attorney;

• Registrant on Putative Father Registry and has acknowledged

paternity of child;

• Registrant on Putative Father Registry and has indicated possible

paternity of child; or

• Lived with child, contributed to child’s support, made attempt to

legitimate or provided support or medical care for mother during

pregnancy or hospitalization for birth of child.

15-11-283(d): If identity of biological father is unknown and none of the

above applies, then rebuttably presumed biological father not entitled to

notice. If not rebutted, court may enter order terminating biological

father’s rights.

TPR Proceedings: Time Frames

15-11-301:

If no just cause shown for delay, all TPR proceedings shall

be conducted within 90 days of date TPR petition is filed.

If no just cause shown for delay, order of disposition shall be

issued no later than 30 days after the conclusion of the

hearing on the TPR petition.

Failure to comply with the time requirements of 15-11-301

shall not be grounds to invalidate an otherwise proper order

terminating parental rights unless court determines delay

resulted in substantial prejudice to a party.

Without Proper Parental Care and Control

Similar to current law, except:

15-11-311(b): In determining whether a child who is not in

parent’s custody is without proper parental care and control, the

court shall consider whether such parent, without justifiable

cause, has failed significantly for a period of six months prior to

date of the termination hearing:

To develop and maintain parental bond with child in a

meaningful and supportive manner;

Provide for care and support of child as required by law or

judicial decree; and

To comply with court ordered plan designed to reunite parent

and child.

Impact of TPR Order

15-11-261:

Parent has ongoing child support obligation until adoption

finalized.

Child’s right to inherit continues until adoption finalized.

Child’s right to pursue civil action against parent not

impacted.

Relationship between child and siblings continues until

adoption finalized.

Until adoption finalized, relatives continue to be considered

as such for purposes of placement and permanency plan.

Reinstatement of Parental Rights: Right of the Child

15-11-323(a): A child who has not been adopted after passage of

at least 3 years from date of TPR or date of voluntary surrender

of parental rights to DFCS and for whom court determined

adoption is not permanency plan may petition court to reinstate

parental rights.

15-11-323(b): Former parent and foster parents are not parties,

but have right to be heard at hearing on child’s petition for

reinstatement.

Child’s petition shall be dismissed if parent cannot be located or

parent objects to reinstatement.

Reinstatement of Parental Rights 15-11-323(e): Reinstatement shall be a recognition that situation of parent

and child has changed since the time of the TPR - reunification is now

appropriate.

15-11-323(c): Court shall grant child’s petition for reinstatement if court

finds by clear and convincing evidence that child is no longer likely to be

adopted and reinstatement is in child’s best interests. Evaluation of best

interests shall include:

Whether parent is fit parent and has remedied parental deficits;

Age and maturity of child and ability of child to express his or her

preference;

Whether reinstatement will present risk to child’s health, welfare or

safety; and

Other material changes in circumstances, if any, that may have

occurred which warrant granting the reinstatement petition.

15-11-323(f): Reinstatement code section is intended to be retroactive –

applies to any child under the jurisdiction of the court at the time of the

reinstatement hearing regardless of the date parental rights were

terminated.

Stephany L. ZaicWilliams & Zaic, LLCTelephone: 706-244-4323Email: ngacwls@gmail.com