Comprehensive Services Plan for Child Found Unrestorably Incompetent to Proceed; Plan Manager

1. Law
2. Georgia Code
3. Courts
4. Juvenile Code
5. Child in Need of Services
6. Mental Health
7. Comprehensive Services Plan for Child Found Unrestorably Incompetent to Proceed; Plan Manager

1. After determining, in accordance with the provisions of Article 7 of this chapter, that a child alleged to be a child in need of services in a petition under this article or who has been alleged to have committed a delinquent act is unrestorably incompetent to proceed and the court orders that procedures for a comprehensive services plan be initiated, the court shall appoint a plan manager, if one has not already been appointed, to direct the development of a comprehensive services plan for such child.
2. The plan manager shall convene all relevant parties to develop a comprehensive services plan. A plan manager shall request that the following persons attend such meeting:
   1. The parent, guardian, or legal custodian of such child;
   2. Such child's attorney;
   3. The person who filed the petition alleging that a child is in need of services or committed a delinquent act;
   4. Such child's guardian ad litem, if any;
   5. Mental health or developmental disabilities representatives;
   6. Such child's caseworker;
   7. A representative from such child's school; and
   8. Any family member of such child who has shown an interest and involvement in such child's well-being.
3. A plan manager may request that other relevant persons attend a comprehensive services plan meeting, including but not limited to the following:
   1. A representative from the Department of Public Health;
   2. A DFCS caseworker;
   3. A prosecuting attorney;
   4. Representatives of the public and private resources to be utilized in the plan; and
   5. Other persons who have demonstrated an ongoing commitment to the child.
4. A plan manager shall be responsible for collecting all previous histories of such child, including, but not limited to, previous evaluations, assessments, and school records, and for making such histories available for consideration by the persons at the comprehensive services plan meeting.
5. Unless a time extension is granted by the court, a plan manager shall submit the comprehensive services plan to the court within 30 days of the entry of the court's disposition order for a child adjudicated to be unrestorably incompetent to proceed under Article 7 of this chapter. The plan shall include the following:
   1. An outline of the specific provisions for supervision of such child for protection of the community and such child;
   2. An outline of a plan designed to provide treatment, habilitation, support, or supervision services for a child in the least restrictive environment;
   3. If such child's evaluation recommends inpatient treatment, certification by such plan manager that such child is mentally ill or developmentally disabled and meets the requirements for civil commitment pursuant to Chapters 3 and 4 of Title 37 and that all other appropriate community based treatment options have been exhausted; and
   4. Identification of all parties responsible for each element of the plan, including such child, agency representatives, and other persons.
6. A plan manager shall also be responsible for:
   1. Convening a meeting of all parties and representatives of all agencies prior to the comprehensive services plan hearing and review hearings;
   2. Identifying to the court any person who should provide testimony at the comprehensive services plan hearing; and
   3. Monitoring the comprehensive services plan, presenting to the court amendments to the plan as needed, and presenting evidence to the court for the reapproval of the plan at subsequent review hearings.

(Code 1981, §15-11-450, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-37/SB 364; Ga. L. 2015, p. 540, § 2-6/HB 361.)

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