AdvOCAcy : your child welfare update, 2019 August

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

August 2019

Page 1

42nd National Child Welfare Law Conference

The unedited voices of young people who have been in care:

The National Association of Counsel for Children (NACC) hosted its annual gathering of child welfare law, policy, and advocacy professionals for three days in Anaheim, California with the theme of "Promoting Excellence, Building Community, Advancing Justice". Georgia was well-represented with a strong delegation of child welfare leaders from government, non-profit, and private entities!

Written by Monique Gautreaux
"I'm dropping out!" I proclaimed, walking into my Advanced Placement U.S. History class. "I'm dropping out and I'm just gonna get my G.E.D. and I'm just gonna go to tech school and be sad!"

It was the spring semester of my junior year, and I still had no idea what I wanted to do. Well - I take that back. I knew exactly what I wanted to do. Were it up to me, and not money, I would have pursued theatre arts wholeheartedly. It was my absolute passion to bring art to life on a stage.

But it seemed like I could not win. Everywhere I turned, well-meaning people gave me well-meant "advice," like "You can't make money in theatre," or "How are you going to pay back student loans for a theatre degree?" So, in the face of the thought that I might stay poor
See VOICE, Page 4

August is Child Support Month!

By Patricia K. Buonodono, Attorney and Child Welfare Law Specialist

Georgia's Child Support Guidelines are set forth in O.C.G.A. 19-6-15. While many people are confused about the Guidelines, that is often because the person using them has not read them. When I first went to work as the staff attorney for the

Child Support Commission, my co-worker asked, "Why don't attorneys read the Guidelines?"

Good question! Every term is defined, there is a list of steps on how to calculate child support,

how to calculate income, and much more. So my first bit of wisdom is to tell you to read the

Guidelines, and pay attention to 19-6-15(b), which tells you how to calculate child support.

Child support is an essential part of child welfare. Too many "neglect" cases are actually cases where single parents are overwhelmed by poverty and not receiving support from the noncustodial parent. The Georgia Department of Human Services has established Child Support Accountability Courts in every Judicial Circuit in Georgia. The Accountability Courts provide intensive supervision by the Court Coordinator, and needed assistance with obtaining GEDs, jobs, substance assessment and treatment, and much more. If you know a noncustodial parent who is chronically unable to pay support, refer them to the Child Support Accountability Court.

I'm hopeful it will be helpful to you to list some frequently asked questions (FAQs) about child support, and answer
them.
See SUPPORT, Page 6

Office of the Child Advocate
For Georgia's Children
August 2019
"Change a Child's Story"
Georgia CASA held its annual conference earlier this month with Judge Glenda Hatchett as the keynote speaker. OCA Director Rachel Davidson and CASA Director of Advocacy and Program Development Angela Tyner, along with Court Improvement Program Director Jerry Bruce and DFCS Deputy Director and General Counsel Chris Hempfling spoke about "Addressing Barriers to Advocacy." Northeast Georgia CASA volunteer Jeff Sprinkle, was recognized as the 2019 CASA Volunteer of the Year!

AdvOCAcy
Your child welfare update

Page 2

CII: Striving for Excellence
The Court Improvement Initiative (CII) met this month in Athens. The CII jurisdictions participated in the newest round of Georgia's Multi-Disciplinary Child Abuse and Neglect Institute (MDCANI). The twoday immersion training covers the law and best practices of a dependency case from the initial review hearing through final permanency. The previous round of MDCANI trainings covered the laws and best practices pertaining to pre-removal situations through the first 75 days of a dependency case.

A highlight of the

new trainings in-

cluded a youth

panel moderated

by OCA Director

Rachel Davidson

during

which

members of the

MAAC Empower-

OCA Director Rachel Davidson and Troup Coun- ment Policy Coun-

ty Juvenile Court Judge Michael Key presenting

on the ADA and the Rehabilitation Act.

See CII, Page 5

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

August 2019

Page 3

INSIGHTS FROM THE ESCAP EXPERIENCE

Oluremi Abiodun,

This summer I had the privilege of working in Fulton

Florida State University County Juvenile Court with Judge Boyd. His courtroom alternates

College of Law

between delinquency and dependency each week, so I was able to

interact with a wide array of issues affecting children. While work-

ing with him, I observed all court proceedings, did research based on motions that the court

received, and did an extensive research project on children's constitutional rights in termina-

tion of parental rights cases.

My favorite project this summer was determining whether a judge should hear a Motion to Suppress evidence or a Bind Over Hearing first. I read the complaint and realized that my recommendation would impact whether a child would have his case heard in juvenile court or with adult proceedings in Superior Court. My research influenced the kind of evidence that would be admissible in his case. I went to every hearing after recommending that the Motion to Suppress be heard first just to see how my, seemingly behind the scenes, research can and does affect what happens in court and most importantly, what happens to our children.

On a more relaxed note, I looked forward to reaching into Judge Boyd's secret stash of stuffed animals and stickers to give gifts to children being adopted or who were just squirmy and restless in the courtroom.

This summer, what surprised me was how complex the field of child advocacy can be. Specifically, in child welfare proceedings, there are so many stakeholders present whose perspectives must be taken into consideration before Judge Boyd makes a ruling. A ruling that will affect the trajectory of that child's life. I also spent a lot of time working with crossover youth, children with both dependency and delinquency cases, and seeing how delinquency and dependency are a lot more interconnected than I knew prior to this internship.

It is exciting that my research has impacted Fulton County Juvenile Court by informing the judge's decisions. This summer, I wrote extensively on children's constitutional rights in termination of parental rights cases;
See OLUREMI, Page 9

This summer was an amazing period of professional growth,

Lauren Paul,

and I am so grateful that I had the opportunity to be a part of the ES-

University of Georgia CAP program! Although I gained so much knowledge and insight

through the research I conducted, I believe that I gained even more

from the mentorship and support of the staff, both at the Barton Center and the DeKalb Coun-

ty Child Advocacy Center. My advice to future interns would be to utilize the supports availa-

ble to you through the ESCAP program. There are many incredibly knowledgeable and kind

individuals who are willing to sit down with you and share their experiences, which was an in-

valuable part of my summer. It would be impossible to condense all that I have learned into

just a few sentences, but one of my primary insights was the value of inter-disciplinary collabo-

ration. It truly does take the expertise of people in multiple fields- from attorneys, to social

workers, to families and community members- to effectively safeguard the welfare and rights of children. I am

very excited to continue being a part of the diverse community of child advocates in Georgia.

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

August 2019

Page 4

Four Pathways of Access to Mental Health Services in Georgia Highlighted by Voices for Georgia's Children

A child's mental health from the very beginning can affect everything from their physical health to success in school, work, and society. However, parents and caregivers can often be left overwhelmed and confused about where to find help when caring for youth, especially when it comes to the youth's mental health.
Voices for Georgia's Children has created resources to highlight statewide services that help infants, children, and teens to have good mental health. In a video, Voices highlight the four pathways to access the following services:

Early Screening and Services Education System Services Health Care Coverage No Insurance or Low Income Disabled

Click here to view the video and learn more about available resources at the various ages of youth. Voices also published these four guidelines to help parents and caregivers identify what services are available and from which government entity. Visit Voices' website here to learn more about the four pathways to access mental health services for children in Georgia.

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

August 2019

Page 5

CII, cont'd...

cil educated the child welfare community in the room on their lived experiences and recommendations on improving permanency outcomes for other youth who are currently in foster care.

The new curriculum provided a focus on how to navigate various issues along the journey of per-

manency, such as mental health, substance use, and domestic violence. During the two-day training, over 160

attendees engaged in various discussions to apply the recently learned best practices to hypotheticals related to per-

manency hearings, termination of parental rights hearings, and post-termination of parental rights reviews. Also,

outgoing Court Improvement Initiative Chair Judge Bradley Boyd was recognized for his steadfast leadership as he

prepares for retirement--congratulations, Judge Boyd!

As Court Improvement Initiative Chair Judge Bradley Boyd approaches retirement, he said
farewell to his colleagues.

Members of the MAAC Empowerment Youth Policy Council share their lived experiences making a meaningful impact in the training.

CII Judges, MDCANI faculty, staff, and trainees celebrating a successful kick-off to the training.

VOICE cont'd...

forever, I was scared away from a dream I'd had for ages. This is why I announced that I would abandon my plans for something many called "more feasible".

Claire Cox, my teacher, looked up at me, dumbfounded. "No, you're not," she stated. "You're not dropping out; you don't need to. You're going to graduate high school, and you're DEFINITELY not going to tech school; I know you don't want that. You're way too smart to not do what you love."

So, I gathered myself. She was right, and it only took those few words of support to reignite my flame.

There were many other times when Miss Cox gave me much needed guidance. Once, she stayed with me after class to go over colleges that I would be able to get into, and afford. At one point, she collected all the scholarship applications she could find and stuck them in a folder for me, saying, "You WILL get college paid for. Promise." She believed in me, and, in my lowest moments, that mattered the most.

I am so incredibly lucky to have had a support system that included people like Miss Cox. People who, despite my circumstances, believed in me, even when the rest of the world did not. In fact, I'm lucky that my support system included those other well-meaning people, who cared enough about me to give well-meant advice. Every one of them helped guide my decision to wholeheartedly follow my passion. They drove me to travel all the way to Middletown, Connecticut, where I am currently attending Wesleyan University on a full scholarship, with a planned Psychology and Theatre Arts double major.

Looking back, I'm so glad my cards fell where they did. Had I been placed in a different home on my entrance into

care, I would not have been able to achieve this goal. Without the permanency I've had for the last two years, I would

not have been able to bond with people like Miss Cox, or do the work required to be ranked valedictorian of my high

school class, or attend a top-ranked liberal arts university. I would not have been able to pursue my

happiness.

See VOICE, Page 9

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

August 2019

Page 6

SUPPORT, cont'd...

FAQs

1. Why do I have to pay child support if we have 50/50 custody? Because at this time, our law does not allow for any kind of parenting time formula when calculating support. According to our Guidelines, the noncustodial parent pays what the child support worksheet shows. However, there are two ways to address this. First, O.C.G.A. 19-615(c)(1) provides that the parents can make an agreement to change the child support amount if it is found to be in the best interest of the child. Second, subsection (i) of the Guidelines provides for deviations from the presumptive amount of support. One of the deviations provided is for parenting time. Deviations are discretionary with the Court. There is no set formula for a parenting time deviation; the person requesting it lists it on Schedule E of the worksheet, and if the Judge thinks the deviation is too high, may override the requested amount.

2. The custodial parent isn't using the money for the kids. This is a frequent complaint. As long as the custodial parent is providing the children with a roof over their heads, food and utilities, they certainly are using the child support for the children.

3. How can I get out of paying child support? If you are a parent in Georgia, you have a legal obligation to support your child. The child support is for the benefit of the children, and the custodial parent does not have the right to waive child support.

4. He married a rich woman. He should pay me more support! Or alternatively, she married a rich doctor why do I still have to pay so much support? A new spouse's income is not included in calculating child support because your children are not their responsibility.

5. Does child support go down if I have another baby? It might. There are two considera- See SUPPORT, Page 8

Upcoming Events

September 12: Georgia Conference on Child Abuse and Neglect at the Atlanta Century Marriott. More info here. September 19: Child Welfare Virtual Expo 2019. More info here. September 23-25: 2019 Georgia Suicide Prevention Conference in Pine Mountain, GA at The Lodge and Spa at Callaway Gardens. More info here. September 28: Free Mental Health Fair by Northside NAMI at Mount Pisgah UMC in Atlanta, GA. More info here. September 28: Fatherhood Celebration by Georgia Division of Child Support Services in Lawrenceville, GA. More info here. September 11, 17, 23, and 25: Family Forums hosted by the DBHDD Division of Developmental Disabilities. More info here. October 3-4: 2019 Embark Georgia Leadership Conference at Columbus State University. More info here. November 13-15: The Summit: Georgia's Child Welfare Conference at The Hotel at Avalon in Alpharetta, GA. More info here.

Office of the Child Advocate
For Georgia's Children
August 2019

AdvOCAcy
Your child welfare update
Page 7

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

August 2019

Page 8

SUPPORT, cont'd... tions for other children
you support, both of which can be found on Schedule B of the Child Support Worksheet. One is if you have a court order for child support, and you are actually paying the support. The amount of the support is an adjustment to your income. The other adjustment, which is discretionary with the judge, is if you are supporting another child in your home. You have to answer a series of five questions to see if the child qualifies. Stepchildren do not qualify because they have two parents with an obligation to support them.

Youth That Inspire!
Chelea McLaurin was recognized at a graduation celebration hosted by Cobb County DFCS in June of this year. This month, she was featured by CNN as a positive athlete in her community!

6. What if we each have custody of one of the kids? This is referred to as "split custody" and it is addressed in O.C.G.A. 19-6-15(a)(21). In split parenting, each parent is the custodial parent of the child who lives with them, and the noncustodial parent of the child who lives with the other parent. So there is a child support worksheet for each parent. The parent with the highest amount of child support due pays the difference between their obligation and that of the other parent.
7. Is there a formula for shared parenting? (See question number 1 above). The Child Support Commission has assembled a subcommittee to study whether or not Georgia should have a parenting time formula. More to come on this!
8. Daycare costs so much! Why do I have to pay for that? Traditionally, work related child care expenses have been a part of the child support calculation. However, in 2017 the Legislature changed the statute to add subsection (h)(1)(F)(2), which allows in certain situations for work related child care to be handled outside of the child support calculation.

Chelea entered foster care in middle school and overcame many obstacles to exceed her goals and go to the Savannah College of Art and Design where she will continue her dance career this fall.
Chelea's advice to youth in foster care who are going through trying times: "You're not your circumstance. You are all of your possibilities." "Nothing can stop you. Keep believing in what you believe in. Don't let anyone else tell you otherwise because you know
wVhOo yICouEacreonattt'hde..e.nd of the day."

9. I never married the mother do I still have to pay? My name is on/not on the birth certificate! Under Georgia law, both parents have an obligation to support their children, whether married to the other parent or not. Your name on the birth certificate is irrelevant. Under Georgia law, if you have a child
See SUPPORT, Page 12

Check out the feature on CNN here.

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

August 2019

Page 9

OLUREMI, cont'd...

we have heard termi-

nation of

parental rights cases throughout the sum-

mer. I have researched whether the state

providing hormones is "medically necessary"

to dependent transgender children who

were using hormones prior to coming into

care. I have researched issues which helped

to reunify parents with their children. I do

believe that my research on children's con-

stitutional rights can inform both DFCS and

courtroom daily practices by promoting a

deeper understanding of children's constitu-

tional rights to protection and familial rela-

tions.

All in all, this summer has been a welcomed challenge. There was a great balance between high expectations and freedom to get work done in settings and at times that worked best for us. The initial training was very informative and welcoming as a student who does not attend Emory. Doing legal research throughout the summer has been tough because it has really pushed my thinking and perspective. It is not an easy process, but I appreciate the consistent feedback from ESCAP and Judge Boyd on my work. I also thoroughly appreciate the constant investments that ESCAP made in making sure that interns were exposed to as many facets of child advocacy work throughout the summer through presentations, trainings, networking, and field trips. I would highly recommend ESCAP to anyone passionate about children's issues and interested in learning more about this area of the law. I am grateful for the specific investment that Emory made in myself and believe that this summer is also a long-term investment in the future of child-welfare through all of the interns, like myself, who look forward to working in this field in the near future.

VOICE,ccoonntt'd'd....

However, as I said before, I'm lucky. Incredibly lucky. I'm one of the only foster kids I know

who has lived in a permanent

home. Many do not get the

chance I had to focus on their fu-

tures and pursue their goals.

Many do not have someone who

believes in them when the world

does not.

So, today, I ask you to do something small: believe in someone. In the foster system, permanency is a huge issue, and it can be hard to tackle something so large. In the meantime, though, take the time to believe in the child whose future is unsure. Believe in the child living in adverse circumMonique and her AP U.S. History Teach- stances. Believe in the child you er, Claire Cox-Segars, who Monique se- might not believe in. Sometimes, lected as her STAR teacher in 2019. it makes all the difference.

DCSS on the Go!
In light of Child Support Awareness Month, we should keep in mind the tools available to obtain information about our child support cases without needing to stop by your local DCSS office. Did you know that you can receive information about your case online and through your mobile phone?
The Georgia Division of Child Support Services has a free "DCSS On the Go" mobile app that engages custodial and noncustodial parents in self-service options by allowing them to securely access their child support cases on any mobile device. It provides easy access to case details and general information about DCSS programs and services.

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

August 2019

Page 10

Top Things Educators Should Know About Student in Foster Care

Upon entering foster care, a youth works with many professionals such as a DFCS caseworker, CASA, GAL, attorney, and judge.

Children and youth come into foster care through no fault of their own and have experienced abusive and/or neglectful environments.

Maintaining confidentiality and
sensitivity is very important.

Youth often enter foster care with gaps in their education.

School may be the only consistent environment for youth in foster care.

Trauma and adverse youth experiences may impact a student's learning and be-
havior.

Youth in foster care have many strengths (i.e. talents, resilience, friendships, and relationships with other supportive
adults).

Students in foster care want to be empowered with decision making and engage in
goal setting.

Click here to learn more from: The "Educators Guide to Supporting Students in Foster Care"

Students in foster care can go to college when they receive the support they need and are connected with the
right resources.

Office of the Child Advocate
For Georgia's Children
August 2019

AdvOCAcy
Your child welfare update
Page 11

Child Abuse and Neglect Reporting Posters
During the 2019 legislative session, the Georgia General Assembly passed House Bill 12 (Act 129) which requires public schools to post signs displaying the child abuse reporting hotline, 1-855-GA-CHILD. Prevent Child Abuse Georgia developed the posters below. The posters with the child abuse reporting hotline are available in English and Spanish and can be downloaded here.

The purpose of the law requiring mandatory reporting (O.C.G.A. 19-7-5(c)(1)) is to protect and prevent further abuse and their adverse effects as well as bring protective services into the home with the hopes of improving the child's welfare and preserve the family when possible. Click here for information on mandated reporter training options.

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

August 2019

Page 12

SUPPORT, cont'd...

with someone to whom you are not married, you still have the obligation to support your child, but you have no parental rights to that child whatsoever. The biological

parent of a child born outside of wedlock must file a legal action called a Legitimation

in order to gain their parental rights to that child, including custody and visitation.

10. The judge said she was going to impute my income. What does that mean? It means if you do not have or present reliable evidence of your income, the Court may impute income to you based on a number of factors such as past earnings and ability to earn. But the law changed in 2018 so that the judge now has to consider the specific circumstances of the parent, "including such factors as the parent's assets, residence, employment and earnings history, job skills, educational attainment, literacy, age, health, criminal record and other employment barriers, and record of seeking work, as well as the local job market, the availability of employers willing to hire the parent, prevailing earnings level in the local community, and other relevant background factors in the case."

11. My ex is on SS disability and my child gets a check how does this play into the child support calculation? What if the check is more? If the noncustodial parent receives Social Security Disability and the child receives a monthly check based on that parent's disability, the amount received by the child is subtracted directly from the child support amount. If the check is less than the full amount, the disabled parent must pay the difference. If the check is more than the child support amount, the money stays with the child.

12. What is the difference between an adjustment, an additional expense, and a deviation?

(a) An adjustment shows as a deduction from the parents' gross income. Adjustments included in the Guidelines are found at O.C.G.A. 19-6-15(f)(5) and include self-employment taxes, preexisting child support orders, and qualified children in theoretical orders (when you are supporting another child in your home). Adjustments to gross income are entered on Schedule B of the child support worksheet and reduce the amount of gross income for each parent.

(b) Additional expenses include health insurance and work related child care that are prorated between the parents. That means the prorated amounts of these expenses are added to each parent's share of the Basic Child Support Obligation (BSCO). The amounts actually paid by each parent are then deducted from their individual share of the BCSO. Additional expenses in the guidelines statute are found at O.C.G.A. 19-6-15(h) and are entered on Schedule D of the child support worksheet.

(c) A deviation represents an expense related to the children in the case that is subtracted from or added to the presumptive amount of child support. All deviations are entered on Schedule E of the Worksheet, display as a total on line 14 of Schedule E, and display on Line 10 of the Child Support Worksheet. All deviations are subject to judicial discretion and, if applied, must be supported by required findings of fact and by the application of the best interest of the child standard. No deviation can be made which seriously impairs the ability of the custodial parent to maintain minimally adequate housing, food, and clothing for the children being supported in the order and to provide other basic necessities, as determined by the court or the jury.

13. Why did the Excel calculator go away? For the most part, our State's judges wanted something online that they could calculate on their iPads and other devices. Microsoft continuously put out different versions of Excel, which were very expensive to make compatible with the calculator and earlier versions of Excel. With the online calculator, users no longer have to make sure they are using the correct version of the worksheet, and all the data can be stored (securely) in the Cloud. Try it, you'll like it! It's located at http://csc.georgiacourts.gov.

Office of the
Child Advocate
For Georgia's Children

AdvOCAcy
Your child welfare update

August 2019

Page 13

Registration is Open!

The Georgia Office of the Child Advocate, Supreme Court of Georgia's Committee on Justice for Children, and the Georgia Division of Family and Children Services are pleased to announce that registration is open for The Summit: Georgia's Child Welfare Conference to be held on November 13-15, 2019 at the Alpharetta Conference Center at The Hotel at Avalon.
October 1st is the last day for the early registration rate. Please visit the conference website here where you can find additional information on registration fees, hotel reservations, conference agenda and workshops, speakers, and much more. If you have any registration questions, please contact AK Consulting Group at annette@akconsultinggroup.org or 850-523-4200. Keep in mind that the reservation cut-off date for The Hotel at Avalon is October 11th.
If you are interested in being a sponsor and/or exhibitor, please click here for more information. Please submit your completed request form(s) to Elyssa@akconsultinggroup.org by September 10th.

Georgia Office of the Child Advocate for the Protection of Children Rachel Davidson, 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-orinvestigation
To submit an article for the newsletter: Jansen Head: jhead@oca.ga.gov

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