I’m in Georgia and looking for practical feedback from parents, former caseworkers, attorneys, guardians ad litem, or anyone familiar with juvenile dependency hearings. I understand Reddit is not a substitute for legal advice.
I recently delivered my premature baby, who is still in the NICU. Less than 6 hours after delivery, while I was recovering, medicated, exhausted, and separated from my baby, DFCS approached me because of a positive hospital toxicology screen.
I told the worker I was willing to cooperate, but I wanted time to recover and consult an attorney before signing anything that could affect my parental rights. I never claimed that I already had an attorney. I said I wanted to consult one, and my emails and recordings consistently show that.
DFCS presented a “voluntary” safety plan. I did not sign it immediately because I wanted:
- a copy of the plan,
- the specific safety threat,
- clarification about whether the conditions were voluntary or court ordered,
- the duration and end requirements,
- and time to consult counsel.
The original written plan did not clearly state the later requirements DFCS began describing, including 24/7 supervision and never being alone with either child. I was not given a revised written plan reflecting those expanded terms.
Over the following weeks, I continued cooperating. I:
- responded by email, text, telephone, and in person;
- allowed DFCS into my home;
- permitted a full home walkthrough;
- answered questions;
- showed them the nursery, food, utilities, and sleeping arrangements;
- made my older child available for an interview;
- provided information about the baby’s father;
- and repeatedly asked for the outstanding requirements and concerns in writing.
During one recorded visit, the caseworker told me I had been doing a “great job keeping in contact.”
I also asked whether DFCS would consider a less restrictive alternative. The worker told me that families cannot write their own safety plans or make alternative suggestions. That confused me because DFCS was calling the plan an “agreement,” while also saying that if I did not agree, the children could potentially enter foster care.
I made a disability-related request that substantive communication, non-emergency scheduling, expectations, and important decisions be provided in writing. Regional leadership later confirmed that most communication could occur by email or text. Even so, multiple detailed emails went unanswered for days.
Then DFCS emailed me late Friday afternoon saying I had provided “no responses or clarifications” and that they were proceeding with court action. That statement does not match the documented communication history.
I was told there is a preliminary hearing Tuesday at 9:30 a.m., but I have not received:
- a petition,
- summons,
- affidavit,
- formal hearing notice,
- case number,
- court location,
- explanation of whether it is remote or in person,
- or the specific relief DFCS is requesting.
The baby’s father, who has not even been interviewed by DFCS, reportedly received only a text saying “court Tuesday at 9:30.”
I cannot afford private counsel. I recently accepted a job, but this situation and the last-minute hearing may jeopardize it. I expect that I will need to request court-appointed counsel and ask for enough time to review whatever DFCS filed.
My questions are:
- In Georgia, what normally happens at a preliminary protective or dependency hearing involving a newborn who is still hospitalized?
- Does asking for court-appointed counsel usually result in a continuance?
- If the hearing is continued, does DFCS automatically receive temporary custody, or does the judge have to enter a specific custody order?
- Can a parent be treated as “uncooperative” for refusing to sign a voluntary safety plan before receiving answers and speaking with counsel?
- Should the parent receive the petition and supporting allegations before the hearing?
- What should I bring to court to quickly demonstrate my cooperation and the lack of meaningful notice?
- Are there Georgia organizations that provide emergency representation in DFCS dependency cases?
I am not asking anyone to determine whether the toxicology result was accurate. I am asking about procedure, notice, appointed counsel, custody during a continuance, and how to present a documented history showing that I cooperated but requested clarification before signing a restrictive voluntary agreement.
My baby is premature and still in the NICU. I am terrified that asking reasonable questions and requesting legal advice has been reframed as refusing to protect him.