(For Effective Date, See note.) Notice of Hearings to Specified Nonparties

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  4. Juvenile Code
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  6. General Provisions
  7. (For Effective Date, See note.) Notice of Hearings to Specified Nonparties

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  1. In advance of each hearing or review, DFCS shall give written notice of the date, time, place, and purpose of the review or hearing, including the right to be heard, to the caregiver of a child, the foster parent of a child, any preadoptive parent, or any relative providing care for a child. The written notice shall be delivered to the recipient at least 72 hours before the review or hearing, except in the case of preliminary protective hearings or emergency hearings when such notice is not possible, by United States mail, e-mail, or hand delivery.
  2. Notice of a hearing or review shall not be construed to require a legal custodian, foster parent, preadoptive parent, or relative caring for a child to be made a party to the hearing or review solely on the basis of such notice and opportunity to be heard.
  3. Upon placement of a child, DFCS shall provide the caregiver, foster parent, preadoptive parent, or relative providing care for such child with the following information in writing:
    1. At the time of placement:
      1. An explanation of the process for enrolling the child in school and any information necessary to complete the process;
      2. A description of any financial assistance for which the caregiver, foster parent, preadoptive parent, or relative may be eligible, including any financial assistance available for child care;
      3. A description of the reasonable and prudent parenting standard defined in Code Section 49-5-3; and
      4. Contact information for a county or district department of family and children services; and
    2. At the time of placement, if available:
      1. A copy of or recommendations from the child's most recent physical and dental examinations and any available information on the child's known medical conditions and current medications;
      2. A copy of or recommendations from the child's most recent developmental assessment, trauma assessment, and psychological evaluation;
      3. A copy of any court scheduling order or the dates and times for any scheduled hearings relating to the child; and
      4. Health insurance information for the child, including the child's Medicaid number.

        If the information listed in this paragraph is not available to DFCS at the time of placement, DFCS shall request such information no later than 15 days after the child enters foster care and provide such information to the caregiver, foster parent, preadoptive parent, or relative providing care for the child. Provision of records in accordance with this paragraph shall not be considered a violation of subsection (b) of Code Section 49-5-40.

  4. (For effective date, see note.) At each hearing or review, the court shall make specific findings of fact in writing regarding participation by the caregiver of a child, the foster parent of a child, any preadoptive parent, or any relative providing care for a child. Such findings of fact shall include:
    1. Whether the caregiver was provided notice of the hearing or review, including the method, and whether the caregiver expressed an interest in being heard at the hearing or review; and
    2. If the caregiver is present, specific information regarding the caregiver's views, including, but not limited to, concerning the child's well-being, health, and safety; any changes the caregiver believes are necessary to advance the child's well-being, health, and safety; and the timeliness, necessity, and quality of services being provided to the child and caregiver; and a summary of documentation presented by the caregiver regarding the child's well-being, health, and safety, including, but not limited to, reports from physicians, counselors, psychologists, and teachers.

(Code 1981, §15-11-109, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2018, p. 927, § 3-1/HB 906; Ga. L. 2020, p. 241, § 1/SB 439.)

RESEARCH REFERENCES

C.J.S.

- 67A C.J.S., Parent and Child, §§ 94 et seq., 122 et seq.


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