Office of the Child Advocate for the Protection of Children

1. Office of the Child Advocatefor the Protection of Children The mission of the Office of the Child Advocate for the Protection of Children (“OCA”) continues to be legislatively mandated. The OCA has responsibility for: Oversight of child welfare agencies of cases in which DFCS has had involvement in the last 5 years. Child Abuse Protocol (CAP) Guardian ad Litem Training

2. Mission The Mission of the OCA is to protect the children of the State of Georgia and to assist and restore the security of children whose well-being is threatened by providing independent oversight of persons, organizations, and agencies responsible for providing services to or caring for children who are victims of child abuse and neglect or whose domestic situation requires intervention by the state. O.C.G.A. 15-11-740(b) This includes identifying patterns of treatment and service for children and making recommendations for necessary policy implications and systemic improvements.

3. Legislative Authority O.C.G.A. § 15-11-743 The advocate shall perform the following duties:   (1) Identify, receive, investigate, and seek the resolution or referral of complaints made by or on behalf of children concerning any act, omission to act, practice, policy, or procedure of an agency or any contractor or agent thereof that may adversely affect the health, safety, or welfare of the children;   (2) Refer complaints involving abused children to appropriate regulatory and law enforcement agencies;   (3) Coordinate and supervise the work of the Georgia Child Fatality Review Panel created by Code Section 19-15-4 and provide such staffing and administrative support to the panel as may be necessary to enable the panel to carry out its statutory duties; [this paragraph has been deleted by Senate Bill No. 365 and moved to the GBI]   (4) Report the death of any child to the chairperson of the review committee as such term is defined in Code Section 19-5-1 of the county in which such child resided at the time of death, unless the advocate has knowledge that such death has been reported by the county medical examiner or coroner, pursuant to Code Section 19-15-3, and to provide such subcommittee access to any records of the advocate relating to such child;

4. Legislative Authority O.C.G.A § 15-11-743, continued    (5) Provide periodic reports on the work of the Office of the Child Advocate for the Protection of Children, including but not limited to an annual written report for the Governor and the General Assembly and other persons, agencies, and organizations deemed appropriate. Such reports shall include recommendations for changes in policies and procedures to improve the health, safety, and welfare of children and shall be made expeditiously in order to timely influence public policy;   (6) Establish policies and procedures necessary for the Office of the Child Advocate for the Protection of Children to accomplish the purposes of this article, including without limitation providing DFCS with a form of notice of availability of the Office of the Child Advocate for the Protection of Children. Such notice shall be posted prominently, by DFCS, in DFCS offices and in facilities receiving public moneys for the care and placement of children and shall include information describing the Office of the Child Advocate for the Protection of Children and procedures for contacting that office; and   (7) Convene quarterly meetings with organizations, agencies, and individuals who work in the area of child protection to seek opportunities to collaborate and improve the status of children in Georgia.

5. Child Abuse Protocol (“CAP”) The protocol is a written document outlining in detail the procedures to be used in investigating and prosecuting cases arising from alleged child abuse and the methods to be used in coordinating treatment programs for the perpetrator, the family, and the child The protocol shall also outline procedures to be used when child abuse occurs in a household where there is violence between past or present spouses, persons who are parents of the same child, parents and children, stepparents and stepchildren, foster parents and foster children, or other persons living or formerly living in the same household. O.C.G.A. 19-15-2(e) The purpose of the protocol shall be to ensure coordination and cooperation between all agencies involved in a child abuse case so as to increase the efficiency of all agencies handling such cases, to minimize the stress created for the allegedly abused child by the legal and investigatory process, and to ensure that more effective treatment is provided for the perpetrator, the family, and the child, including counseling. O.C.G.A. 19-15-2(f) OCA is responsible to provide trainingto members of each protocol committee within 12 months after their appointment and maintain on file the written sexual abuse and exploitation protocol adopted by the protocol committee. O.C.G.A. 19-15-2(j) & (k)

6. Guardian ad Litem Training The federal Child Abuse Prevention and Treatment Act (CAPTA, 42. U.S.C. 5106, et.seq.) requires the appointment of a guardian ad litem (attorney or CASA) to represent an abused or neglected child in all stages of a judicial proceeding.  It is also required that before the appointment as a guardian ad litem, such person shall have received training appropriate to the role as guardian ad litem which is administered or approved by the Office of the Child Advocate for the Protection of Children. O.C.G.A. Section 15-11-104

7. OCA 2014 Investigation of Cases Investigate Individual cases referred to OCA  - jurisdiction over allegations of child abuse or neglect and DFCS involvement in the last 5 years  a) 1 centralized intake who separates assistance cases (and provides assistance in way of identified resources provided) and cases to meet criteria to be investigated which will be investigated by an OCA investigator. OCA investigators will also investigate serious injury and child death cases.  b) utilize data and recommendations from cases investigated in (a) to identify and address systemic change. Collaborative effort for change on a bigger, global state-wide level. Investigate cases at request of DFCS

8. Statistics 300-350 referrals received annually 8 out of 10 no violations of policy or law OCA has investigated counties with high case loads and moderated calls (Gwinnett, Hall) Increase in numbers with centralized intake Too few trained CMs, low salaries, high stress EX: Good vs. Bad

9. Removal of Children Court must find imminent risk to remove a child from a home CM must assess and determine if that exists during investigation Supervisors and Attorneys

10. Georgia CPS DynamicsJan 2000 to Sept. 2013

11. Deliverables Collaborative efforts to increase transparency and accountability, and improve outcomes Protect individual children referred to OCA, and coordinate efforts with LE Identify systemic issues Recommendations to improve/address systemic issues Data and research agency GAL training, CAPs training and penetration rate

12. Contact Information  Ashley Willcott , J.D., CWLS Executive Director OCA awillcott@oca.ga.gov 404-656-4200