Diligent Search: DFCS Policy and Practice Considerations

1. Diligent Search: DFCS Policy and Practice Considerations Bobby Cagle, MSW DFCS Family Services Director

2. Legal Basis • Federal Law and Policy - require that a diligent relative search be conducted, including search for paternal relatives.  • Georgia Law – (OCGA §15-11-55) “…a reasonably diligent search for a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child shall be conducted by the court and the Department of Human Resources. Such search shall be completed within 90 days from the date on which the child was removed from the home, the results of such search documented in writing and filed with the court at the time of the first review.”

3. Georgia DFCS Policy 2102.3a: Reasonably Diligent Search • At a minimum, the case manager is required to identify the following: • Parents of the child (legal mother, legal father, and legal father who is not the biological father of the child) • Relatives of the child (related by blood, marriage or adoption on both paternal and maternal sides) • Other persons who have demonstrated an on-going commitment to the child

4. Procedures/Practice Issues • The Court exercises oversight in determining whether DFCS efforts were “reasonably diligent” • Degrees of relationship are not specified by law • Children of American Indian heritage are subject to the Indian Child Welfare Act • Resources exist to assist in establishment of biological relationship and/or placement of children with an “alleged” father (e.g., Legitimation in Juvenile Court, Parent Locator Services and DNA testing from Child Support Services, Use of other funds to pay for DNA testing)

5. Steps in Conducting a Diligent Search • Interview the child and each member of the child’s family • Review DFCS Basic Information Worksheet • Use Family Team Meetings, Initial Case Planning Meetings, and Multidisciplinary Team Meetings to interview parents and other participants • Review the Comprehensive Child and Family Assessment (Key Data, Genogram, Reference Contacts) • Check DFCS Data Systems • Contact others who know the family (e.g., neighbors, CASA, Attorneys, School/Daycare Personnel) • Make direct contact with those identified to determine interest and suitability • Use the Accurint System

6. Timeliness of the Search • State law allows up to 90 days currently • DFCS policy requires that the search be completed, results be summarized in CPRS, and a hard copy printed and filed with the Court no later than 60 days after the child’s removal.

7. Pending Georgia Legislation “Expediting Permanency for Abused Children Act of 2009” (Sponsored by the Office of the Child Advocate) • Partially designed to comply with the federal “Fostering Connections to Success and Increasing Adoptions Act of 2008” • Reduces time allowed for diligent search from 90 to 30 days • Requires notification of all identified adult relatives • Requires parents/legal guardians to identify all relatives and other adults who might be a resource within 10 days of the Court’s preliminary disposition • Requires findings of facts demonstrating the factors considered in determining the placement that is in the child’s best interest

8. Benefits of Early Diligent Search • Reduces delays in court • May locate missing parent who can take custody of the child • Speeds permanency for children • Moving children more rapidly into permanent homes significantly benefits their emotional health • Avoids the possibility of relatives coming forward late in the permanency process • Reduces the number of placements • Maintains significant family and other relationships for children

9. Contact Information Bobby Cagle, DFCS Family Services Director Email: bocagle@dhr.state.ga.us Blackberry: 404-326-6099