Federal Judge Orders Atlanta Child Welfare System to Hand Over Documents on Foster Care Alternatives

25 MAY 2010 / POSTED BY CR

Children’s Rights is one step closer to shedding light on concerns that the Georgia Division of Family and Children Services (DFCS) may be misusing programs designed to support families in an attempt to artificially suppress child abuse and neglect investigations and reduce the number of children in its custody.
We filed papers in federal court two months ago seeking documents related to the state child welfare agency’s use of strategies aimed at avoiding child abuse and neglect investigations in certain cases and allowing parents to voluntarily place children with relatives or family friends while accessing community services or being investigated for abuse or neglect.
Citing multiple investigations conducted by the Georgia Office of the Child Advocate (OCA) over the last three years, we presented evidence that the state has been using these strategies inappropriately — and argued that if these allegations are true, DFCS’s actions are not only violating children’s constitutional rights and a longstanding federal court order secured by Children’s Rights to reform the Atlanta child welfare system, but also putting a great many kids at risk of serious harm.
Last Friday, U.S. District Court Judge Marvin H. Shoob agreed that “the OCA reports raise at least the possibility that diversion, safety resources, and temporary guardianships are being used in Fulton and DeKalb Counties to keep children out of foster care inappropriately.”
His decision (PDF) requires state officials to provide Children’s Rights with all policies, practices, and procedures related to diversion, safety plans, and temporary guardianships in Fulton and DeKalb counties — along with a list of all children who accessed these services in 2009 — within 10 days. Once the documents have been turned over, Children’s Rights can then select cases to be reviewed in depth to determine whether the child welfare agency is, in fact, putting children in danger.
Children’s Rights believes strongly that children should be able to remain with their families whenever it is safe and possible to do so. However, programs that “divert” child abuse reports must include the intensive services and oversight needed to help these families stay together and ensure that children are safe. Otherwise, these programs can be misused as a means to save state funds, deny families vital services and supports, and potentially keep vulnerable children in unsafe homes and at risk of being harmed again.
We remain committed to ensuring that children and families in Atlanta — and across the United States — are not being inappropriately shuffled away from the supports and services they need.

http://www.childrensrights.org/reform-campaigns/legal-cases//georgia-kenny-a-v-perdue/federal-judge-orders-atlanta-child-welfare-system-to-hand-over-documents-on-foster-care-alternatives/