O.C.G.A. § 15-11-217 — Periodic review by judicial citizen review panel

(a) In the event the periodic review of a case is conducted by a judicial citizen review panel, the panel shall transmit its report and that of DFCS, including its ﬁndings and recommendations together with DFCS proposed revised plan for reuniﬁcation or other permanency plan, if necessary, to the court and the parent within ﬁve days after the review. (b) DFCS shall provide the caregiver of a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and any preadoptive parents or relatives providing care for such child with a copy of those portions of the report of the judicial citizen review panel that involve the recommended permanency goal and the recommended services to be provided to such child. (c) Any party may request a hearing on the proposed revised plan in writing within ﬁve days after receiving a copy of the plan. (d) If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating the revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all elements that the court ﬁnds essential in the proposed revised plan. (e) Notwithstanding subsections (c) and (d) of this Code section, if the judicial citizen review panel ﬁnds that there is a lack of substantial progress towards completion of the case plan, the court shall schedule a hearing within 30 days of such ﬁnding to determine whether a case plan for nonreuniﬁcation is appropriate. (f ) If the judicial citizen review panel determines that a parent of a child adjudicated as a dependent child has unjustiﬁably failed to comply with the ordered plan designed to reunite such child’s family and that such failure is signiﬁcant enough to warrant consideration of the parent’s termination of parental rights, the panel may make a recommendation to DFCS and the attorney for such child that a petition for termination of parental rights should be prepared. 922 15-11-218 History. — Code 1981, § 15-11-217, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242. 15-11-218. Content of orders following periodic review hearings or reports by judicial citizen review panels. (a) At the conclusion of a periodic review hearing, or upon review of a report by a judicial citizen review panel, the court shall issue written ﬁndings of fact that include: (1) Why a child adjudicated as a dependent child continues to be a dependent child; (2) Whether the existing case plan is still the best case plan for a child adjudicated as a dependent child and his or her family and whether any changes need to be made to the case plan including whether a concurrent case plan for nonreuniﬁcation is appropriate; (3) The extent of compliance with the case plan by all participants; (4) The basis for any changes to the placement of a child adjudicated as a dependent child; (5) Whether visitation is or continues to be appropriate; (6) A description of progress being made on the permanency plan; (7) Whether all legally required services are being provided to a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and his or her parent, guardian, or legal custodian; (8) Whether, for a child adjudicated as a dependent child who is 14 years of age or older, the services needed to assist such child to make a transition from foster care to independent living are being provided; and (9) Whether reasonable efforts continue to be made to prevent or eliminate the necessity of the removal of a child adjudicated as a dependent child and to reunify his or her family after removal, unless reasonable efforts were not required. (b) At the conclusion of a periodic review hearing, or upon review of a report by a judicial citizen review panel, the court shall order one of the following dispositions: (1) Return a child adjudicated as a dependent child to his or her parent, guardian, or legal custodian’s home with or without court imposed conditions; (2) Allow a child adjudicated as a dependent child to continue in the current custodial placement because the current placement is appropriate for such child’s needs; 923 15-11-219 (3) Allow a child adjudicated as a dependent child to continue in the current custodial placement although the current placement is no longer appropriate for such child’s needs and direct DFCS to devise another plan which shall: (A) Be submitted within ten days for court approval; (B) Be furnished to all parties after court approval of the revised plan; and (C) Be provided to the caregiver of a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and any preadoptive parents or relative providing care for such child with a copy of those portions of the court approved revised plan that involve the permanency goal and the services to be provided to such child; or (4) Make additional orders regarding the treatment plan or placement of a child adjudicated as a dependent child to protect such child’s best interests if the court determines DFCS has failed in implementing any material provision of the case plan or abused its discretion in the placement or proposed placement of such child. History. — Code 1981, § 15-11-218, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242. 15-11-219. Required ﬁndings for qualiﬁed residential treatment program admittance; assessment procedures; writing requirement. (a) Before a child’s placement in a qualiﬁed residential treatment program, but no later than 30 days following the start of such placement, a qualiﬁed individual shall: (1) Assess the strengths and needs of the child using an age-appropriate, evidence based, validated, functional assessment tool; (2) Determine whether the needs of the child can be met with family members or through placement in a foster family home or, if not, which DFCS approved authorized setting would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals for the child, as speciﬁed in the permanency plan for the child; and (3) Develop a list of child-speciﬁc short-term and long-term mental and behavioral health goals. 924 15-11-220 (b) The qualiﬁed individual conducting the assessment shall work in conjunction with the family and permanency team for the child while conducting and making the assessment. (c) If the qualiﬁed individual conducting the assessment determines the child should not be placed in a foster family home, the qualiﬁed individual shall specify in writing: (1) The reasons why the needs of the child cannot be met by the family of the child or in a foster family home. A shortage or lack of foster family homes shall not be an acceptable reason for determining that the needs of the child cannot be met in a foster family home; and (2) Why the recommended placement in a qualiﬁed residential treatment program is the setting that will provide the child with the most effective and appropriate level of care in the least restrictive environment and how that placement is consistent with the short-term and long-term goals for the child, as speciﬁed in the permanency plan for the child. History. — Code 1981, § 15-11-219, enacted by Ga. L. 2019, p. 893, § 5/SB 225; Ga. L. 2020, p. 493, § 15/SB 429. Effective date. — This Code section became effective May 7, 2019. The 2020 amendment, effective July 29, 2020, part of an Act to revise, modern- ize, and correct the Code, substituted ‘‘evidence based’’ for ‘‘evidence-based’’ in paragraph (a)(1); and substituted ‘‘short-term and long-term’’ for ‘‘short- and long-term’’ in paragraphs (a)(2), (a)(3), and (c)(2). 15-11-220. Required ﬁndings after placement in qualiﬁed residential treatment program; documentation. (a) Within 60 days of the start of a child’s placement in a qualiﬁed residential treatment program, the court must: (1) Consider the assessment required by Code Section 15-11-219 determination, and documentation made by the qualiﬁed individual in approving the placement; (2) Determine whether the needs of the child can be met through placement in a foster family home or, if not, whether placement of the child in a qualiﬁed residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; (3) Determine whether placement in a qualiﬁed residential treatment program is consistent with the short-term and long-term goals for the child, as speciﬁed in the permanency plan for the child; (4) Determine whether it is in the best interest of the child to be placed in a qualiﬁed residential treatment program and whether, for that reason, it is not in the best interest of the child or the child’s siblings to be placed together; and 925 15-11-230 (5) Approve or disapprove the qualiﬁed residential treatment program placement by entering written ﬁndings of fact on the record. Placement or a change of legal custody by the court outside DFCS shall relieve DFCS of further responsibility for a child adjudicated as a dependent child except for any provision of services ordered by the court to ensure the continuation of reuniﬁcation services to such child’s family when appropriate. (b) Documentation of the determination and approval or disapproval of the placement in a qualiﬁed residential treatment program by the court shall be included in and made part of the case plan for the child. History. — Code 1981, § 15-11-220, enacted by Ga. L. 2019, p. 893, § 5/SB 225; Ga. L. 2020, p. 493, § 15/SB 429. Effective date. — This Code section became effective May 7, 2019. The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted ‘‘short-term and long-term’’ for ‘‘short- and long-term’’ in paragraph (a)(3). PART 12 PERMANENCY PLAN