GOVERNOR KEMP SIGNS SB 439, STRENGTHENING
CAREGIVERS IMPORTANT ROLE BY ALLOWING
IMPROVED PARTICIPATION IN COURT
PROCEEDINGS.
ON JULY 21, 2020 GEORGIA GOVERNOR BRIAN KEMP SIGNED INTO
LAW SB 439, A BILL DESIGNED BY SENATOR MATT BRASS (RNEWNAN),
TO ALLOW CAREGIVERS GREATER INVOLVEMENT IN
COURT ON BEHALF OF THE CHILDREN IN THEIR CARE. WHAT DOES
THIS MEAN IN PRACTICAL TERMS FOR FOSTER PARENTS?
SECTION 1: PARTICIPATION IN COURT PROCEEDINGS
• Juvenile court will now document in writing the participation of a caregiver
providing care for a child in foster care at each hearing or review. “Hearing or
review hearing” should be interpreted to mean any and all court proceedings or
panel review actions on the case.
THIS DOCUMENTATION WILL INCLUDE:
• If the caregiver was given notice of the hearing or review and how this
notification was given to the caregiver.
• If the caregiver is present and expresses to be heard.
• A caregiver now has the opportunity to present information about the child’s wellbeing,
health, and safety, including any changes the caregiver believes are
necessary to see a child succeed in these important areas.
• For example: A child has medical needs that require specialized help in Atlanta which is
two hours away from their residence. A caregiver can share with the court in detail the
medical needs and the attention given to these areas.
• For example: A child has been on an overnight visitation and has returned to their
caregiver describing events that may have put the child’s safety at risk. The caregiver may
share these concerns with the court.
• In addition, a summary of reports from other important people who are working
on behalf of the child’s well-being, such as physicians, counselors, psychologists,
and teachers, may be submitted to the court. (The summary is not limited to this
specific list.)
• For example: A child is struggling to make progress in school and a teacher writes a letter
describing the challenging areas.
• For example: A counselor working with the child observes the level of stress surrounding
visitation with a biological parent. The counselor writes a letter describing these
challenges and any suggestions to improve the interaction between the biological parent
and child.
• For example: A child has been in care since birth for nearly two years. Reunification is
the approaching permanency plan for the child but visitation is still limited to one time a
week, supervised. The caregiver is concerned that the child needs increased visitation in
order to strengthen the attachment to the biological parent. The caregiver can now submit
evidence addressing their concerns.
• A caregiver can now share their views about the services being provided to the
child and caregiver, including the quality, necessity, and timeliness.
• For example: A child’s transporter resigned and there is a lapse in transportation being
provided to visitation causing a delay in a weekly visit with a biological parent. A
caregiver may explain to the court why a visit was missed and the need for a new
transporter.
• For example: A child’s behavior is reflecting the trauma he/she has experienced making it
challenging for the caregiver at home. A behavior aid has been requested and approval
has been denied. A caregiver can now explain the need for this service and present
evidence as to the necessity of it.
To the extent a court resists accepting this information or making findings, caregivers
should work with the SAAG, CASA, or GAL, and child attorney to have the information
submitted.
SECTION 2: CHANGES TO PLACEMENT HEARING
NOTIFICATION AND OBJECTIONS
• DFCS must now notify the court, caregivers, and other parties in writing of
placement change 5 days in advance. This notification can now be served by
email if the caregiver receiving the notification has agreed to email notification.
• A method to file an electronic objection to a placement change of a child with the
court clerk must now be provided. The Council of Juvenile Court Judges is
charged with creating a form for caregivers to object to a placement change and a
method for filing it electronically. A caregiver does not need to be represented by
an attorney to file this electronic objection. When the objection is filed it will be
shared electronically with all other parties.
• Now, the court must consider change in placement objections filed by caregivers.
Evidence pertaining to the disagreement of moving the child can be submitted to
the Judge by caregivers.
• For example: If a therapist working with a child believes that a change in placement is
not in the best interest of the child due to the level of attachment and bonding, the foster
parent can submit a letter with professional recommendations from the therapist.
SECTION 3: PARTICIPATION IN TERMINATION OF PARENTAL
RIGHTS HEARINGS
• Juvenile court will now document in writing the participation of a caregiver
providing care for a child in foster care at each hearing or review. “Hearing or
review hearing” should be interpreted to mean any and all court proceedings or
panel review actions on the case.
THIS DOCUMENTATION WILL INCLUDE:
• If the caregiver was given notice of the hearing or review and how this
notification was given to the caregiver.
• If the caregiver is present and expresses to be heard.
• A caregiver now has the opportunity to present information about the child’s wellbeing,
health, and safety, including any changes the caregiver believes are
necessary to see a child succeed in these important areas.
• In addition, a summary of reports from other important people who are working
on behalf of the child’s well-being, such as physicians, counselors, psychologists,
and teachers, may be submitted to the court. (The summary is not limited to this
specific list.)
• A caregiver can now share their views about the services being provided to the
child and caregiver, including the quality, necessity, and timeliness.
SECTION 4: CHANGES ARE MADE IN DETERMINING THE BEST
INTEREST OF CHILDREN
• The participation elements from Section 1 are now included to determine if
Termination of Parental Rights is in the best interest of the child.
SECTION 5: CHANGES ARE MADE TO COURT HEARINGS
AFTER PARENTAL RIGHTS ARE TERMINATED
• After the determination that Termination of Parental Rights is in the best interest
of the child and if the child has been in a caregiver’s home for 12 months and
wishes to adopt the child, then the court will consider testimony and evidence by
the caregiver.
• Things the court may consider: level of attachment and bonding, the child’s
health, safety, and well-being, and anything else the court considers important.
• The court may keep these considerations of evidence closely connected to the
matters being discussed concerning the child following termination of parental
rights.
HOW SHOULD FOSTER PARENTS RESPOND TO THIS LAW?
Foster Parents should seize the opportunity to attend court hearings and speak about the
well-being of the child in their care. They are in the unique position to advocate and share
a daily picture of the child. Foster parents should begin by documenting important
information about the child. This documentation should include details about the
physical, emotional, and mental health of the child, in addition to important reports
regarding their safety and well-being. It is also important for foster parents to involve
other people, professional and relational, surrounding and supporting the child by
including their observations about the progress of the child. All of these pertinent details
can be submitted to the court. It is a good idea to thoughtfully write a statement including
these details before a court hearing in order to provide a clear understanding of what’s
happening with the child and the services being provided. Make this statement and other
evidence available to all parties present.
WRITTEN BY JENNIFER SHINPOCH, jennifer@brokenroadhome.com, www.brokenroadhome.com
IN PARTNERSHIP WITH TOM RAWLINGS, Director of Georgia Division of Family & Child
Services, tom.rawlings@dhs.ga.gov, www.dfcs.georgia.gov