Sometimes young people in foster care become parents. Prior to 2011, a baby born to a teen in foster care would automatically be taken into DFCS custody. In January 2011, DFCS amended Policy 1003.13 in order to allow teen parents in foster care the opportunity to retain custody of their own children. This change is now part of Policy 9.10, which states:
“When a minor mother in foster care gives birth to a child, DFCS should consider the age, capabilities and desires of the minor parent to care for the baby if the two are residing together in the same placement. The child shall remain in the custody of his or her minor parent, unless it is otherwise determined that the minor parent’s protective capacities place the child in imminent danger of serious harm and the placement resource’s capacities are not sufficient to mitigate the risk of harm.”
Unfortunately, even with this policy in effect, some DFCS offices continue to follow the old practice of taking emergency custody of the newborn regardless the quality of care the young mother is providing. In May of 2012, the Court of Appeals reversed the order of a Juvenile Court that found a newborn child, S.D., deprived and awarded custody of him to DFCS. Carol Riley from the Fulton County Office of the Child Attorney represented S.D.'s mother and I represented S.D. At trial, the DFCS case manager testified that the only reason DFCS filed its deprivation petition was because the mother herself was in DFCS care and because of possible future deprivation. DFCS did not present any evidence that S.D.’s mother was not properly caring for him or that he was at risk of harm. Instead, the evidence showed that S.D.’s mother had been taking parenting classes, was working with a life coach from Teen Parent Connection, and was very attentive to S.D. The Court of Appeals reversed the Juvenile Court’s order and noted in its published opinion that “we find no authority providing that there is a presumption of deprivation of a child simply because the child’s mother is also in DFCS care…” This case was a victory for S.D. and his mother, but the fight continues.
You can read S.D.’s case here.
“When a minor mother in foster care gives birth to a child, DFCS should consider the age, capabilities and desires of the minor parent to care for the baby if the two are residing together in the same placement. The child shall remain in the custody of his or her minor parent, unless it is otherwise determined that the minor parent’s protective capacities place the child in imminent danger of serious harm and the placement resource’s capacities are not sufficient to mitigate the risk of harm.”
Unfortunately, even with this policy in effect, some DFCS offices continue to follow the old practice of taking emergency custody of the newborn regardless the quality of care the young mother is providing. In May of 2012, the Court of Appeals reversed the order of a Juvenile Court that found a newborn child, S.D., deprived and awarded custody of him to DFCS. Carol Riley from the Fulton County Office of the Child Attorney represented S.D.'s mother and I represented S.D. At trial, the DFCS case manager testified that the only reason DFCS filed its deprivation petition was because the mother herself was in DFCS care and because of possible future deprivation. DFCS did not present any evidence that S.D.’s mother was not properly caring for him or that he was at risk of harm. Instead, the evidence showed that S.D.’s mother had been taking parenting classes, was working with a life coach from Teen Parent Connection, and was very attentive to S.D. The Court of Appeals reversed the Juvenile Court’s order and noted in its published opinion that “we find no authority providing that there is a presumption of deprivation of a child simply because the child’s mother is also in DFCS care…” This case was a victory for S.D. and his mother, but the fight continues.
You can read S.D.’s case here.
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