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/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 Worthington Director Barton Child Law & Policy Clinic at Emory University 404-727-0333 karen@childwelfare.net Jessica Gordon Post Graduate Fellow in Law Barton Child Law & Policy Clinic at Emory University 404-727-7537 jessica@childwelfare.net karen@childwelfare.net jessica@childwelfare.net