ARTICLE 3
DEPENDENCY PROCEEDINGS
15-11-109. Notice of hearings to specified nonparties.
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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.
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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.
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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:
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At the time of placement:
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An explanation of the process for enrolling the child in school and any information necessary to complete the process;
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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;
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A description of the reasonable and prudent parenting standard defined in Code Section 49-5-3; and
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Contact information for a county or district department of family and children services; and
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At the time of placement, if available:
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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;
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A copy of or recommendations from the child's most recent developmental assessment, trauma assessment, and psychological evaluation;
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A copy of any court scheduling order or the dates and times for any scheduled hearings relating to the child; and
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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.
(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.)
The 2018 amendment,
effective July 1, 2018, added subsection (c).
JUDICIAL DECISIONS
Editor's notes.
- In light of the similarity of the statutory provisions, decisions
under pre-2014 Code Section 15-11-58, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.
Court had jurisdiction to enter termination of parental rights.
- Juvenile court had jurisdiction to enter a termination of parental rights order because the juvenile court scheduled a timely hearing on the Department of Human Resource's motion for an extension, and the mother was served with notice of the hearing; the mother, however, failed to appear for the scheduled hearing. By failing to appear for a timely hearing of which the mother had notice, the mother waived the requirement of a hearing before the expiration of the earlier custody order. In the Interest of M.S.S., 308 Ga. App. 614, 708 S.E.2d 570 (2011) (decided under former O.C.G.A.
§
15-11-58).
RESEARCH REFERENCES
C.J.S.
- 67A C.J.S., Parent and Child,
§§
94 et seq., 122 et seq.
