How Kinship Care Defeats Foster Placement in Georgia DFCS Cases

When a child is removed from their parents by the state, the trauma can be devastating. To minimize this harm, Georgia law strongly favors placing the child with blood relatives or close family friends rather than placing them in a traditional foster home with strangers. This is known as Kinship Care. If your grandchild, niece, or nephew has been taken into state custody, the Georgia Division of Family and Children Services, Atlanta is legally obligated to seek out family members. However, the bureaucracy can be slow, and children can languish in foster care if relatives do not proactively assert their rights in Juvenile Court.

Prioritizing Family in Georgia Juvenile Courts

Under O.C.G.A. § 15-11-211, when a child is adjudicated as dependent and removed from the home, the court must give preference to an adult relative over a non-relative. The goal is to maintain the child's familial, cultural, and community ties. However, DFCS must ensure the relative's home is safe through background checks and home evaluations. In key rulings like In the Interest of R. D. B., 289 Ga. App. 76 (GA Court of Appeals 2007), Georgia courts have reinforced that family preservation is the paramount public policy, provided it aligns with the best interests of the child.

Grandparents and Aunts: How to Request Kinship Placement Immediately

If you learn a relative's child is in DFCS custody, you must act immediately. Do not wait for DFCS to find you. Contact the caseworker and their supervisor the same day. You should formally request in writing to be considered for placement. Furthermore, it is often necessary to hire an attorney to file a Motion to Intervene in the local court, such as the Gwinnett County Juvenile Court, Lawrenceville or the Chatham County Juvenile Court, Savannah. This makes you a formal party to the case, forcing the judge to consider your home before finalizing any foster care placements.

The ICPC Process for Out-of-State Relatives Seeking the Child

If you live outside of Georgia, you cannot simply drive to Atlanta and pick up the child. The placement must go through the Interstate Compact on the Placement of Children (ICPC), governed by O.C.G.A. § 39-4-4. The Georgia caseworker must file a Form ICPC-100A, Georgia, Division of Family and Children Services, Interstate Compact Placement Request to your home state's child welfare agency. Your local state will then conduct a home study and background check. Unfortunately, the ICPC process is notoriously slow and can take 3 to 6 months. Having a lawyer apply pressure on both states is critical to expediting the paperwork.

Filing for Temporary Guardianship as an Alternative to Foster Care

If DFCS is investigating a family but has not yet filed a formal dependency petition in Juvenile Court, you might be able to bypass the foster system entirely. You can file for Temporary Letters of Guardianship in the Probate Court of the county where the child resides (e.g., the Fulton County Probate Court, Atlanta). If both parents consent to this guardianship, DFCS will often close their case, as the child is now legally safe with a capable relative. This prevents the child from ever becoming a "ward of the state."

Financial Support for Kinship Caregivers in GA

Taking in a child is a major financial burden. Georgia provides specific support for kinship caregivers to prevent financial hardship from ruining a placement.

Timeline for Approving Kinship Placement

If you are an in-state relative with a clean background, DFCS can sometimes complete an emergency home evaluation and place the child with you within 24 to 72 hours. However, if the home requires repairs, or if you live out of state and require an ICPC home study, the process can drag on for 3 to 6 months while the child remains in a temporary foster home.

Frequently Asked Questions (FAQ)