AdvOCAcy : your child welfare update, 2018 August

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

August 2018

Page 1

The Intersection of Child Welfare and Disability Law
It takes a village

By Rachel Davidson OCA Interim Director

Parents in-

volved in de-

Who makes up pendency pro-

your village?

ceedings often

Among others, face an expec-

my village con- tation that they

sists of family, friends, and neigh- are to parent

bors that help support me in my their child inde-

efforts to raise my children to be pendently. Par-

happy, healthy, and safe. Most par- ents with disa-

ents I know rely on a small army of bilities in the

support to ensure their children same position

are well cared for. Why should it be often encoun-

any different for parents with disa- ter additional Judge Michael Key and Rachel Davidson present on the intersection

bilities?

See Disability, page 4 of child welfare and disability law at the 2018 NCJFCJ Conference

Striving for Excellence

OCA's monthly platform for the unedited voices of young people who have been in care....

The Multi-Disciplinary Child Abuse and Neglect Institute (MDCANI) is a program of the National Council of Juvenile and Family Court Judges (NCJFCJ) and the Georgia Supreme Court Committee on Justice for Children (J4C). The program is broken into four parts and consists of intensive trainings and discussions with a multi-disciplinary audience involving juvenile court judges, court staff, DFCS staff, lawyers, CASAs, law enforcement, and other professionals involved in child abuse and neglect proceedings.
This program began two years ago with a focus on courts from 14 jurisdictions involved in the Court Improvement Initiative (CII). In Part One, each of the CII core teams came together for an initial training focused on child abuse and neglect cases for about the first 75 days of a case from the removal decision through the Initial Review Hearing.
We are currently in Part Two, which continues to focus on the initial stages of a dependency case but is specialized for individual jurisdictions. In addition to discussing the specifics

Youth Voice
By Nyeelah Inniss
"Judge Cassandra Kirk was my child attorney when I was around 12 years old in the foster care system. She impacted my life in so many ways and I am happy that I finally was able to thank her in person at the nsoro Educational Foundation Sunset Sip and Paint event. Judge Kirk made sure my needs were met from making sure I had SAT/ACT prep material to prepare me for college to ensuring placement stability. The moment I will never forget is when I thought I was going to a doctor's appointment but I was actually being moved to another placement. Instead of acting out of hurt and anger, I decided to call my child attorney, Judge Kirk. Immediately, I had an explanation of why and where I was moving to and an emergency court hearing was placed to discuss me moving into a more suitable placement that met my needs. As a foster care advocate now, I know that law states that when a young person is moved all persons on the case plan must be given a 5 day written notice of the youth's

See MDCANI, page 3

See Voice, page 5

Office of the Child Advocate
For Georgia's Children
August 2018

AdvOCAcy
Your child welfare update
Page 2

EmpowerMEnt staff and advocates are pictured here with OCA staff debriefing an activity called "Resource Roundup" - a very powerful way to understand what a child's
experiences in foster care may be like. Many thanks to EmpowerMEnt for taking
the time to share your insights and perspectives with us!

Taking a Time Out
OCA staff recently took a short time out for professional development, team bonding, and self care.
To effectively take care of others, you must first take care of yourself. Like so many of you, our staff regularly encounters difficult cases and works hard to protect children. Child welfare professionals are prone to enduring secondary trauma, meaning we must take great care to maintain our health.
At OCA's staff retreat, we aimed to maintain our health through learning self-care techniques, such as: Yoga Meditation Journaling Essential oils Deep breathing Alternate nostril-breathing (It's a thing!)
Did You Know?
The Field Fiscal Services website maintains
manuals that outline rates for the needs of
children in foster care, to include per diems,
clothing allowances, and adoption assistance
rates. Learn more here: http://
ffs.dhs.ga.gov/ffs/manuals/costar/index.php.

Other highlights of our "time out" include: Putting together back-to-school care packages for a
group of teenage girls in care. Gaining a new perspective on the experiences of
youth in foster care. Having a creative outlet to share how the work we do
brings meaning to our lives. Clarifying our understanding of DFCS policies. Learning about "Just Culture".
We hope all of you are carving out the time to take care of yourselves.
As of July 18, 2018, the GBI's Child Fatality Review Unit received 23 cases of suicide related deaths of children under the age of 18. There have been more than 1,000 suicide related admissions of children to Georgia hospitals in the past year.
GBI recently released a PSA to raise awareness of youth suicide and help parents and adult supporters recognize warning signs and respond appropriately to a child in crisis. Watch -- and share -- the PSA here.
Individuals who exhibit signs of suicide, or identify signs of suicide in others, can call the Georgia Crisis and Access Line at 1-800-715-4225, 24/7 or visit www.mygcal.com for assistance.

Office of the Child Advocate
For Georgia's Children
August 2018

AdvOCAcy
Your child welfare update
Page 3

MDCANI, cont'd of the different initial hearings, the attendees also receive an overview of the federal child welfare framework to include the Indian Child Welfare Act (ICWA), a data analysis of their jurisdiction, and a discussion about reasonable efforts, as well as relative searches and notice to foster parents and caregivers. By the end of September 2018, Part Two will have been completed in 17 counties comprising 1/3 of Georgia's population.
Parts Three and Four will be similar to Parts One and Two respectively, but will focus on the proceedings following the Initial Review Hearing through to case closure.
MDCANI provides jurisdictions an opportunity to have open discussions on law, policy, and practice while exploring perceptions of and responses to difficult situations. Through this program, Georgia will continue to encourage highly trained, motivated, and talented child welfare professionals to collaborate while effectively improving the child welfare system. For more information or to bring MDCANI to your jurisdiction, please contact Jerry Bruce at jerry.bruce@georgiacourts.gov.

MDCANI faculty with judges from Cobb Laurie-Ann Fallon presents on ICWA at Attendees at MDCANI for Newton, Rock-

and Douglas counties.

MDCANI for DeKalb and Fulton counties.

dale, and Walton counties.

Upcoming Events:
The Georgia Child Abuse Conference: From Prevention to Intervention, September 13, 2018, Atlanta, GA. More info here.
Training on Fetal Alcohol Spectrum Disorders, September 18, 2018, Atlanta, GA. More info here. The 2020 Census: Implications for Georgia's Children and Families, September 24, 2018, Atlanta,
GA. More info here. Georgia Conference on Children and Families, October 17-19, 2018, Augusta, GA. More info here. The Summit: Georgia's Child Welfare Conference, December 3-5, 2018, Atlanta, GA. More info
here.

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

August 2018

Page 4

Disability, continued... requirements and obstacles due to bias and erroneous assumptions. This can be impacted by evalua-

Volunteer View

tions and assessments conducted by individuals without specialized knowledge or without taking into account the possible need for accommodations, which may lead to improper conclusions.
Collectively, the Americans with Disability Act (ADA) and Section 504 of the Rehabilitation Act prohibit public and private entities from discriminating against people with disabilities and ensure equal opportunity to participate in and benefit from a wide range

Shivani Patel is a CASA Volunteer with AthensOconee CASA. She is also a law student at UGA. Shivani has wanted to be a lawyer since she was young. Serving as a CASA has helped Shivani learn how to conduct herself in a courtroom. Of her experience with CASA thus far, Shivani says:

of services and programs. This includes the state's child welfare

"I underwent training in Oconee County last fall

agency, including entities that the agency contracts with, as well as and now I work with a family who has two chil-

dependency proceedings.

dren in care. This position has served as an incred-

When a parent with a disability is involved with the dependency process, reasonable accommodations may be required to ensure these parents are granted opportunities equal to those extended to parents without disabilities. A reasonable accommodation may include providing a parent with parenting classes in the home, adaptive equipment such as an adaptive crib, or specialized transportation. It may also mean allowing a parent
See Disability, page 6

ible medium through which I have been introduced to the foster care system and I feel like I have a better knowledge of what dependent children go through. I really enjoy helping the kids, and by getting to know them and learn about their experiences and concerns, I feel more equipped to serve as their advocate."

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

August 2018

Page 5

Voice, continued...

youth's removal. That is so powerful

for me because even

at the time I didn't know the law or my rights but Judge

Kirk did and held people accountable for making sure my

rights weren't violated. Now working with young people in

the foster care system, I realized my court experience was

one in a million. Having someone fight for me as my child

attorney did isn't always the case for young people in fos-

ter care. Judge Kirk is the reason that I found my voice.

She is the reason why I fight so hard for my brothers and

sisters in the foster care system. I am truly thankful for

Judge

Kirk

and

her

efforts

to en-

sure

my

success

within

and

beyond

nsoro Scholars

the foster

care

These 5 shining stars are just a few of the young people who received a scholarship from the nsoro Foundation to further their education. As summer interns with nsoro, they are already well on their way to doing great things!

system."

Provider Perspective
"This may seem very minute but one of the greatest feelings I get is when I hand a young person the keys to their apartment. For most young people in foster care they don't receive keys to the front door of their foster or group home so as they prepare for independence giving them keys provides a sense of belonging and a place to call home. When they move in I also tell them `welcome home' because I want them to make it their home." ~ Ebony Harris, Youth Empowerment Success Services

Questions about the Chafee Independent Living Program (ILP)? Youth in care and adult supporters can learn more about the benefits this program provides to teenagers and young adults with experience in foster care. Click here for more.

Office of the Child Advocate
For Georgia's Children
August 2018

AdvOCAcy
Your child welfare update
Page 6

Spotlight on Judge Michael Key and Judge Peggy Walker

The Supreme Court of Georgia recently honored two deserving juvenile court judges with one of the most prestigious awards granted by the state's highest court. Chief Justice P. Harris Hines and Justice David E. Nahmias presented the "Amicus Curiae", or "friend of the court", award to Judge Michael Key of Troup County and Judge Peggy Walker of Douglas County. This award recognizes judges, attorneys, and others who have provided exceptional service and leadership to Georgia's judiciary.

When honoring Judge Key, Justice Hines observed that he would "grace any bench that he sat upon".

Of Judge Walker, Justice Hines noted, "Her optimism, and her expertise in determining the best interests of children in sometimes horrific circumstances, inspires us all."

Chief Justice Hines and Justice Nahmias bestow the Amicus Curiae Award upon Judge Key on August 2, 2018.

Congratulations to both Judge Key and Judge Walker for receiving such meaningful awards! Many thanks to both of these dedicated and well-deserving judges for their tireless efforts on behalf of children and families.

Chief Justice Hines and Justice Nahmias present the Amicus Curiae Award to Judge Walker on August 10, 2018.

Leadership Changes Disability, continued... To rely on family or informal support networks. Such parental sup-

Effective August 1, 2018, Rachel Davidson is serving as OCA's Interim Direc-

ports should be designed on an individualized basis to help individuals with disabilities fill their gaps in parenting competencies and environmental demands related to parenting.

tor and Tom Rawlings is serving as the

Interim Director for the Georgia Division In 2015, the U.S. Department of Justice and the U.S. Department of Health and Human

of Family and Children Services. For

Services completed their joint investigation of a complaint alleging civil rights violations

more information, see the press release by the Massachusetts Department of Children and Families (DCF) against a young

here. View Interim Director Rawlings message from his first day with DFCS here.

mother with a developmental disability. The investigation concluded DCF violated both the ADA and Section 504. In this case, the child was removed from the mother two days after the child's birth while still at the hospital due to concerns the mother was unable to adequately care for the child on her own due to her "mental retardation".

Of the appointment, Rachel says, "I am The mother resided with her parents who did not have any disabilities and the child's

honored to serve as the Interim Director of OCA under the impeccable leadership of Governor Nathan Deal. I look forward to continuing the good work of my predecessor Tom Rawlings and

grandmother made arrangements to help care for the child. In addition to DCF having made generalized assumptions about the mother without taking into account her individualized needs, the investigation also revealed that DCF denied this mother opportunities to benefit from supports and services numerous times, including her existing family supports.

working collaboratively with DFCS

The notion that a parent with a disability has to be fully self-reliant to keep their chil-

through our ongoing efforts to support dren creates a higher standard than for the rest of us who routinely rely on others to

and strengthen Georgia's child welfare help us care for our children. Empowering parents to establish and maintain a healthy

system."

and safe "village" of support helps them provide better care for their children.

Office of the Child Advocate
For Georgia's Children
August 2018

AdvOCAcy
Your child welfare update
Page 7

Kudos

In case you missed it, three deserving child welfare professionals recently received awards for great work.

Presented by the State Bar of Georgia's Child Advocacy Section, Judge Gregory Price of Floyd County received the 2018 Willie J. Lovett Award. Click here for the video.

Christopher Hempfling, SAAG in Rockdale County, received the Chief Justice Hines Child Advocacy Award for the Attorney of the Year. Click here to see why he deserved it.

Demetria Campbell received the Chief Justice Hines Child Advocacy Award for the Case Manager of the Year. Click here to see why she deserved it.

The Chief Justice Hines Child Advocacy Awards are sponsored by the Justice for Children Committee of the Georgia Supreme Court and the Office of the Child Advocate. Click here to see the video of the awards presentation. Click here for the press release.
These awards were presented at the State Bar of Georgia's annual meeting.

Judge Greg Price and Seletha Butler

From left: Cynthia Clanton, Demetria Campbell, Justice Nahmias, & Christopher Hempfling

Georgia Office of the Child Advocate for the Protection of Children
Rachel Davidson, Interim Director https://oca.georgia.gov 7 MLK Jr. Blvd, Ste 347 Atlanta, GA 30334
For general inquiries, assistance, or to file a complaint: Phone: (404) 656-4200 Internet: https://oca.georgia.gov/webform/request-oca-
assistance-or-investigation To submit an article for the newsletter: rdavidson@oca.ga.gov

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