15-11-442.1. Placement of child in need of services.

As used in this Code section, the term “CHINS” means a child in need of services.#

Prior to placing a child in the custody of DFCS on a nonemergency basis or in the absence of exceptional circumstances based on evidence adduced at a disposition hearing, the court shall:#

1. (1)

   Comply with Article 3 of this chapter;#

2. (2)

   Consider on the record what services have been provided to the child or his or her parent or guardian;#

3. (3)

   Consider on the record what services are available to the child or his or her parent or guardian which could allow the child to remain in his or her home;#

4. (4)

   Consider on the record what efforts have been made to secure placement of the child other than in the custody of DFCS;#

5. (5)

   Consider on the record whether a child protective services report was made in accordance with subsection (c) of this Code section and if not, the court shall notify DFCS through the county director, the court liaison, or the attorney representing DFCS by phone or email that the court will be considering placing the child into the custody of DFCS. DFCS shall have an opportunity to be present at the case disposition hearing of the child in need of services to provide information to the court as to the availability of services for the child. Notice to the DFCS county office via phone, email, or other means shall be considered sufficient; and#

6. (6)

   As used in this subsection, the term “consider on the record” means the court’s foundational inquiry regarding the possible services available to a dependent child.#

In any CHINS case in which DJJ or any county operated probation office serving the court determines that there is a reasonable basis to believe that the child is dependent, it shall make a child protective services report to the Statewide Child Protective Services Intake Communications Center (CICC) and shall notify the county director of the DFCS office in the county in which disposition is to be made in the CHINS case.#

Once a child has been ordered into the custody of DFCS, the court shall comply with Article 3 of this chapter, including conducting a preliminary protective hearing not later than 72 hours after the child is placed in DFCS custody as required by Code Section 15-11-145.#

1. (1)

   All parties to the CHINS case shall provide copies of all medical, psychological, and educational assessments and reports pertaining to the child and the child’s parent or guardian in their possession to DFCS no later than 72 hours after a child has been ordered into the custody of DFCS by the court.#

2. (2)

   The court shall make an inquiry as to whether any parties to the CHINS case or court personnel, including the court clerk’s file, have either possession of or immediate access to such records. The parties or personnel in possession of such records or with access to such records shall provide copies of all such records to DFCS.#

3. (3)

   Each county DFCS office shall designate at least one county DFCS employee to receive such documents via email.#

4. (4)

   The court shall also inquire of all parties to the CHINS case as to the existence of assessments, evaluations, and reports pertaining to the child that are not in the possession of the parties. If any such records exist, the court shall immediately order the production of said records to DFCS.#

Nothing contained in this Code section shall abrogate the authority of the court to order a child into protective custody in accordance with Code Section 15-11-133.#