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Georgia as Parent :

Georgia as Parent :. What are the State’s Responsibilities?. Road Map. Overview Sources of Responsibility Federal Statutes, Federal Case Law, State Statutes, Other Kenny A. v. Perdue Lawsuit Research and Best Practices Nuts and Bolts of Current State Policy. In a nutshell… § 15-11-13.

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Georgia as Parent :

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  1. Georgia as Parent : What are the State’s Responsibilities?

  2. Road Map • Overview • Sources of Responsibility • Federal Statutes, Federal Case Law, State Statutes, Other • Kenny A. v. Perdue Lawsuit • Research and Best Practices • Nuts and Bolts of Current State Policy

  3. In a nutshell…§15-11-13 • right to physical custody of the child

  4. In a nutshell…§15-11-13 • the right to determine the nature of the care and treatment of the child, including ordinary medical care

  5. In a nutshell…§15-11-13 • right and duty to provide for the care, protection, training, and education and the physical, mental, and moral welfare of the child

  6. In a nutshell…§15-11-13 • subject to the conditions and limitations of the order and to the remaining rights and duties of the child's parents or guardian

  7. Sources of Responsibilities • Federal Statutes: • CAPTA (1974) • AACWA (1980) • Family Preservation and Support Program (1993) • MEPA (1994) / IEP (1996) • ASFA (1997)

  8. Sources of Responsibilities • Federal Statutes: • Chafee Foster Care Independence Act (1999) • Promoting Safe and Stable Families (2001) • McKinney-Vento Act (2001) • Keeping Children and Families Safe Act (2003)

  9. Sources of Responsibilities • State Statutes • OCGA Title 15, Chapter 11 • OCGA Title 49

  10. Sources of Responsibilities • Federal and State Case Law • Smith v OFFER • Santosky v. Kramer • DeShaney v. Winebago • Suter v. Artist M. • Taylor v. Ledbetter

  11. Sources of Responsibilities • State Rules and Regulations • Agency Policy • http://www.odis.dhr.state.ga.us/ • Practice and Custom • Settlement in Kenny A v. Perdue

  12. Kenny A. v. Perdue State Settlement • Legally binding on Fulton and DeKalb Counties • State has 2 yrs to come into compliance, then must remain in substantial compliance for 18 consecutive months • 31 Outcome Measures • Systemic infrastructure and management reforms • Majority of settlement tracks existing law & policy • No cost estimates released by state • Public reports at 6 month intervals • Accountability Agents: Jim Dimas, Sarah Morrison

  13. Kenny A. v Perdue Fulton County Proposed Settlement • Establishment of an independent office for the Fulton County Child Advocate Attorneys • Initial staffing of the child advocate office with 12 full-time child advocate attorneys, 2 full-time investigators and 3 full-time support staff. • Completion of a comprehensive workload review • The appointment of Judge William Jones of Charlotte, North Carolina as an independent Accountability Agent. • Adoption of performance standards

  14. Do No Harm State care should provide: • More protection from harm • Greater safety • Increased well-being • Greater permanence than home from which child is removed

  15. Research-Based Policy and Practice What does research say about what is best for children? • Long-term outcomes from various placements • Child Development • Attachment/Bonding theories • DSM-IV Diagnoses

  16. Physical Custody • Appropriate placement for child’s needs • Approved foster home • Least restrictive, most family-like setting • In close proximity to home of parents • 12 months to permanency plan • Placement w/ siblings

  17. Care and Protection • Comprehensive Child and Family Assessment w/in 60 days • Case Plan: developed with parent, children, foster parent • Bi-Monthly home visits • Monthly face-to-face visits • Funding/eligibility

  18. Physical Welfare • Provide Medicaid or other insurance (to age 18 or 19) • Obtain health history • Health exam within 45 days (10 days under Kenny A.) • Dental exams start no later than age 3 (10 days under Kenny A.) • Share health info w/ caretaker

  19. Physical Welfare • Follow up care (EPSDT) • Well-child checks based on AAP • Right to determine routine medical care • Privacy concerns • Reproductive care

  20. Mental Welfare • Psychological or psychiatric eval must be completed w/in 180 days of removal unless child is under 6 yrs or has had eval w/in previous 6 months • Level of Care • Parham v. JR • MH records

  21. Emotional Welfare • Recreational needs • Extracurricular activities • Placement w/ siblings • Visits w/ parents, siblings, others • Spiritual needs • Participation in cultural activities

  22. Education and Training • Compulsory education to age 16 • Comprehensive Assessment to identify educational needs • Attend public school in community • McKinney-Vento Act • Special Educational Needs

  23. Moral Welfare • Discipline = ok, punishment ≠ ok • No corporal punishment at home or school • Participation in spiritual and cultural activities • Values

  24. Younger Children • Must be referred to early intervention services (Babies Can’t Wait) • Remember the child’s sense of time

  25. Older Children • Children who are parents • Reproductive rights • Independent Living Program • WTLP • Can remain in care until age 21 • Chafee Act • Postsecondary education related expenses

  26. Right to Self-Determination • Representation • Notice of proceedings • Role in proceedings? • Participate in development of case plan • Participate in development of ILP and WTLP

  27. “For these are all our children, and we will all profit by, or pay for, whatever they become.”--James Baldwin

  28. Questions? Want more info?Karen WorthingtonDirectorBarton Child Law & Policy Clinicat Emory University404-727-0333karen@childwelfare.netJessica GordonPost Graduate Fellow in LawBarton Child Law & Policy Clinicat Emory University404-727-7537jessica@childwelfare.net

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