Georgia § 15-11-216 - Periodic review hearing; required evidence.

§ 15-11-216. Periodic review hearing; required evidence.

All cases of children in DFCS custody shall be initially reviewed within 75 days following a child adjudicated as a dependent child's removal from his or her home and shall be conducted by the court. An additional periodic review shall be held within four months following the initial review and shall be conducted by the court or by judicial citizen review panels established by the court, as the court directs, meeting such standards and using such procedures as are established by court rule by the Supreme Court, with the advice and consent of the Council of Juvenile Court Judges. The court shall have the discretion to schedule any subsequent review hearings as necessary. At any periodic review hearing, the paramount concern shall be a child adjudicated as a dependent child's health and safety. At the initial 75 day periodic review, the court shall approve the completion of the relative search, schedule the subsequent four-month review to be conducted by the court or a judicial citizen review panel, and shall determine: Whether a child adjudicated as a dependent child continues to be a dependent child; Whether the existing case plan is still the best case plan for such child and his or her family and whether any changes need to be made to the case plan, including whether a concurrent case plan for nonreunification is appropriate; The extent of compliance with the case plan by all participants; The appropriateness of any recommended changes to such child's placement; Whether appropriate progress is being made on the permanency plan; Whether all legally required services are being provided to a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and his or her parent, guardian, or legal custodian; Whether visitation is appropriate and, if so, approve and establish a reasonable visitation schedule consistent with the age and developmental needs of a child adjudicated as a dependent child; Whether, for a child adjudicated as a dependent child who is 14 years of age or older, the services needed to assist such child to make a transition from foster care to independent living are being provided; and Whether reasonable efforts continue to be made to prevent or eliminate the necessity of such child's removal from his or her home and to reunify the family after removal of a child adjudicated as a dependent child, unless reasonable efforts were not required. If at any review subsequent to the initial 75 day review the court finds that there is a lack of substantial progress towards completion of the case plan, the court shall order DFCS to develop a case plan for nonreunification or a concurrent case plan contemplating nonreunification. (d.1) At each review hearing held with respect to a child who remains placed in a qualified residential treatment program, the department shall submit evidence documenting that: Ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met through placement in a foster family home; Placement in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment; Placement in a qualified residential treatment program is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child; The specific treatment or service needs that will be met for the child in the placement and the length of time the child is expected to need the treatment or services; and The efforts made by the department to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, or an adoptive parent, or in a foster family home. At the time of each review of a child adjudicated as a dependent child in DFCS custody, DFCS shall notify the court whether and when it intends to proceed with the termination of parental rights. (Code 1981, § 15-11-216 , enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-15/SB 364; Ga. L. 2019, p. 893, § 4/SB 225; Ga. L. 2020, p. 493, § 15/SB 429.) The 2019 amendment, effective May 7, 2019, added subsection (d.1). The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted "short-term and long-term" for "short- and long-term" in paragraph (d.1)(3).