georgia as parent: what are the state’s responsibilities?
TRANSCRIPT
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
• right to physical custody of the child
In a nutshell…§15-11-13
• the right to determine the nature of the care and treatment of the child, including ordinary medical care
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
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
Sources of Responsibilities
• Federal Statutes:– CAPTA (1974)
– AACWA (1980)
– Family Preservation and Support Program (1993)
– MEPA (1994) / IEP (1996)
– ASFA (1997)
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)
Sources of Responsibilities
• State Statutes– OCGA Title 15, Chapter 11
– OCGA Title 49
Sources of Responsibilities
• Federal and State Case Law– Smith v OFFER
– Santosky v. Kramer
– DeShaney v. Winebago
– Suter v. Artist M.
– Taylor v. Ledbetter
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
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
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
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
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
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
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
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
Physical Welfare
• Follow up care (EPSDT)
• Well-child checks based on AAP
• Right to determine routine medical care
• Privacy concerns
• Reproductive care
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
Emotional Welfare
• Recreational needs
• Extracurricular activities
• Placement w/ siblings
• Visits w/ parents, siblings, others
• Spiritual needs
• Participation in cultural activities
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
Moral Welfare
• Discipline = ok, punishment ≠ ok
• No corporal punishment at home or school
• Participation in spiritual and cultural activities
• Values
Younger Children
• Must be referred to early intervention services (Babies Can’t Wait)
• Remember the child’s sense of time
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
Right to Self-Determination
• Representation
• Notice of proceedings
• Role in proceedings?
• Participate in development of case plan
• Participate in development of ILP and WTLP
“For these are all our children, and we will all profit by, or pay for, whatever they become.”
--James Baldwin
Questions? Want more info?
Karen WorthingtonDirector
Barton Child Law & Policy Clinicat Emory University
Jessica GordonPost Graduate Fellow in Law
Barton Child Law & Policy Clinicat Emory University