The Department of Family and Children Services popularly known as DFCS is a decision making authority, one can appeal against their decision when any kind of abuse and neglect is faced by the children. The different steps involved in the process include:-
- a) Document an Implore
Every notification from the DFCS carries a certain date beyond which no decision can be challenged, with the help of a lawyer, an appeal can be made based on the document criteria.
- b) Grab a duplicate
After a petition is filed, a reprint of the file is given, in which secret information remains undisclosed.
- c) A trial before the administrative law judge (ALJ)
The requirement of the DFCS investigators during the trial cannot be ignored. Their righteousness can be corroborated with the help of other people.
The trial is subject to being handled by an unbiased DFCS employee, who would also be a lawyer and an administrative law judge and the proceeding needs to be recorded.
- d) The written outline submission by the Administrative Law Judge
The work of an administrative judge entitles it to produce a written document, wherein it will notify about evidences pertaining to abuse, based on the administrative data.
The advice than further is handed over to the director of DFCS, who has the authority to accept, decline or make modifications in the advice. The trial process gets over with the official decision by the director.
When the closing decision suggests that there is no clue of the designated finding, the document can be deleted from the DCFS central directory.
The succeeding process when child neglect is proved:
When there is an indication of a proven child abuse, it implies that the DFCS investigating officer had got substantial evidence to point out that the child has been abused or has been prone to negligence. The proven guilt will be treated separately from any juvenile and criminal court proceedings.
There are certain entitlements that you are going to receive when child abuse is proved in the findings. It includes:-
- i) Theprivilege to get a mimeo of the investigation folder, which excludes all information prohibited under law.
- ii) The entitlement to request for an administrative hearing of the appeal based on the finding, popularly known as Expungementbeseeches. It holds the privilege to a plea in which the aforesaid culprit and the forum can show proof and other witness in front of an unbiased administrative law magistrate, who further briefs the DFCS director on the trial findings.
iii) The privilege to pursue judicial evaluation of the last administrative verdict of the director, past the administrative trial.
When there is no appeal.
If the decision has not been taken by applying for an appeal, based on the findings, the name stays part of the State Central directory for a time frame of five and fifty years, based on the particular affirmation that is mentioned. The directory of the State Central stores a private list of people who are known to be child abusers and criminals who harm children. The state doesn’t allow any citizen to access the list of perpetrators. However, the law of the state asks day care centers, schools and other facilities where children are directly involved to investigate the background of its employees before joining. It further indicates to appoint volunteers to find out about persons being appointed as employees, whether they have been involved in any kind of abusive behavior towards children or not.
Time duration of the Appeal Procedure
An appeal can only be sent within 60 days of the date of declaration, forwarded by the division. Subsequently, the prehearing, the ceremonial evidentiary hearing and the final administrative conclusion should be finished within 90 days of receiving the appeal plea, unless there is a petition for the continuance or there is a prolongation that is decided upon. If the case is of a child care employee, the prehearing, the ceremonial important hearing and closing administrative declaration will eventually get over within 35 stipulated days, unless a petition for continuance is applied or willed along. A crèche or a daycare worker is any human who is appointed to perform tasks directly with kids and any person who owns or is responsible for operating a day care facility for children.
After a proper investigation is done to find that the child has been abused or neglected, the Georgia Department of Family and Children Services (DFCS), would conclude that the citizen on whom the investigation is being done, has performed the crime or not. The result may also come up even if there is no criminal case lodged against the accused and even when the family has not been introduced to the Child Protection Division of the Juvenile Court.
A charge of child abuse or negligence can suppress the career and family life of the accused. The division maintains the record under the State Central Registry, the names of the perpetrators. The time duration for which the accused will be part of that directory will be defined by the severity of the crime and evidences found against the person. These observations may be tried through the way of administrative inspection.
In any serious legal battle, it becomes vital to appoint an experienced counsel while putting forward a DFCS trial. The lawyer can review the case and get in touch with the division’s lawyer to ask a denial before the hearing. Later the decision for hearing or a counseling is decided upon based on the case. Pertaining to the findings, the Director of DFCS will issue the final decision which can even make the life of the accused better.
Please read before you post your comment:
1. Do not use someone else’s name that has an open case with DFCS.
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3. If your comment is lengthy it may be shared as an article under the ‘Articles’ section.
4. If you are looking for legal advice for your case let us know that in your comment. At times, we partner with specialized DFCS law firms who may provide free or reasonably priced consultations.
We are always looking for new ways to help families and welcome all comments and suggestions. But, over time, the feedback we have received again and again is that the most valuable contributions actually come from you guys.
If you are able to, please share your own experience on our site so that others can benefit from what you are going through.
~ The DFCS Help Team