Permanency Plan Hearing; Findings

  1. Law
  2. Georgia Code
  3. Courts
  4. Juvenile Code
  5. Dependency Proceedings
  6. Permanency Plan
  7. Permanency Plan Hearing; Findings

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  1. At the permanency plan hearing, the court shall make written findings of fact that include the following:
    1. Whether DFCS has made reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing;
    2. The continuing necessity for and the safety and appropriateness of the placement;
    3. Compliance with the permanency plan by DFCS, parties, and any other service providers;
    4. Efforts to involve appropriate service providers in addition to DFCS staff in planning to meet the special needs of a child adjudicated as a dependent child and his or her parent, guardian, or legal custodian;
    5. Efforts to eliminate the causes for the placement of a child adjudicated as a dependent child outside of his or her home and toward returning such child safely to his or her home or obtaining a permanent placement for such child;
    6. The date by which it is likely that a child adjudicated as a dependent child will be returned to his or her home, placed for adoption, or placed with a permanent guardian or in some other alternative permanent placement;
    7. Whether, in the case of a child adjudicated as a dependent child placed out of state, the out-of-state placement continues to be appropriate and in the best interests of such child;
    8. In the case of 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;
    9. In the case of a child for whom another planned permanent living arrangement is the permanency plan:
      1. Whether DFCS has documented intensive, ongoing, and, as of the date of the hearing, unsuccessful efforts to return the child to the home or to secure a placement for the child with a fit and willing relative, a legal guardian, or an adoptive parent, including through efforts that utilize search technology, including social media, to find biological family members for the children;
      2. Whether DFCS has documented the steps it is taking to ensure that the child's foster family home or child care institution is following the reasonable and prudent parent standard and the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including by consulting with the child in an age-appropriate manner about the opportunities of the child to participate in the activities; and
      3. After asking the child, what his or her desired permanency outcome is;
    10. If a child has attained the age of 14 years old, whether the permanency plan developed for the child, and any revision or addition to the plan, was developed in consultation with the child and, at the option of the child, with not more than two members of the permanency planning team who were selected by the child and who are not a foster parent of or caseworker for the child in accordance with subparagraph (A) of paragraph (15) of Code Section 15-11-201; and
    11. In the case of a child placed in a qualified residential treatment program:
      1. Whether DFCS has documented ongoing assessments of the strengths and needs of the child that continues to support the determination that the needs of the child cannot be met through placement in a foster family home;
      2. Whether DFCS has documented that placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment;
      3. Whether DFCS has documented that the child's 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. Whether DFCS has documented the specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and
      5. Whether DFCS has documented their efforts to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home.
  2. The permanency plan incorporated in the court's order shall include:
    1. Whether and, if applicable, when a child adjudicated as a dependent child shall be returned to his or her parent;
    2. Whether and, if applicable, when a child adjudicated as a dependent child shall be referred for termination of parental rights and adoption;
    3. Whether and, if applicable, when a child adjudicated as a dependent child shall be placed with a permanent guardian; or
    4. In the case in which DFCS has documented a compelling reason that none of the options identified in paragraphs (1) through (3) of this subsection would be in the best interests of the child, whether, and if applicable, when such child shall be placed in another planned permanent living arrangement.
  3. If the court finds, as of the date of the hearing, that another planned permanent living arrangement is in the best interests of a child who has attained the age of 16 years old, the court shall make findings of fact explaining such determination and, in its order, provide compelling reasons why it is not or continues to not be in a child's best interests to be returned to his or her parent, referred for termination of parental rights and adoption, placed with a permanent guardian, or placed with a fit and willing relative.
  4. A supplemental order of the court adopting the permanency plan including all requirements of the permanency plan as provided in Code Section 15-11-231 shall be entered following the permanency hearing and in no case later than 30 days after the court has determined that reunification efforts shall not be made by DFCS. The supplemental order shall include a requirement that the DFCS case manager and staff and, as appropriate, other representatives of a child adjudicated as a dependent child provide such child with assistance and support in developing a transition plan that is personalized at the direction of such child; includes specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and work force supports and employment services; and is as detailed as such child may elect in the 90 day period immediately prior to the date on which he or she will attain 18 years of age.

(Code 1981, §15-11-232, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2015, p. 540, § 1-8/HB 361; Ga. L. 2015, p. 552, § 17/SB 138; Ga. L. 2019, p. 893, § 7/SB 225; Ga. L. 2020, p. 493, § 15/SB 429.)

The 2019 amendment, effective May 7, 2019, deleted "and" at the end of subparagraph (a)(9)(C), substituted "; and" for a period at the end of paragraph (a)(10), and added paragraph (a)(11).

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 subparagraph (a)(11)(C).


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