The first days after a removal decide a lot. Where a child sleeps, who they see, whether they stay connected to the people who already love them. One of the most important protections in that window gets almost no attention: the state's duty to go looking for family.
What federal law requires
To receive federal foster care funding under Title IV-E of the Social Security Act, every state has to include certain promises in its state plan. One of them is at 42 U.S.C. § 671(a)(29):
FDI note: "Due diligence" isn't defined here. The deadline is.…within 30 days after the removal of a child from the custody of the parent or parents of the child, the State shall exercise due diligence to identify and provide notice to the following relatives: all adult grandparents, all parents of a sibling of the child, where such parent has legal custody of such sibling, and other adult relatives of the child (including any other adult relatives suggested by the parents), subject to exceptions due to family or domestic violence…
The notice itself has to tell relatives that the child has been removed, explain their options to take part in the child's care and placement (including options they may lose by not responding), and describe what it takes to become a foster home.
What Georgia adds
Georgia's Division of Family and Children Services (DFCS) puts the federal rule into practice in its Child Welfare Policy Manual, section 19.20, "Diligent Search," effective November 2023. It keeps the 30-day window and adds noncustodial parents to the list. Then it sets tighter deadlines of its own:
- Three business days to send notice. Notice goes out "by certified mail with return receipt requested or verified email, within three business days of identifying the relative."
- 72 hours to write it down. Search efforts and results are documented in Georgia SHINES, the state's case system, "within 72 hours of occurrence," including who was contacted, who wasn't and why, and whether notice was sent.
- It doesn't stop at 30 days. The search happens before the first placement, before any placement change, before judicial reviews, and throughout the case until a relative or other committed person is identified for the child's placement or permanency, or the child is placed for adoption.
The policy also says how DFCS is supposed to search: interviewing the parents during the investigation using a genogram (a family tree), interviewing the child and the relatives it finds, searching databases, and asking parents in court hearings for the names and contact information of absent parents and relatives.
Three business days to send the notice. Six months to answer it, or risk being passed over.
The part relatives need to know
Georgia's policy tells caseworkers to explain one consequence in particular. The court may excuse DFCS from considering a relative as a placement if, after getting the notice, the relative doesn't show their interest and willingness to provide a permanent home within six months of the notice date.
The notice is not a formality. For a grandparent or an aunt, it may be the only formal invitation they get.
What you can do in the first 30 days
This is general information, not legal advice. If you're part of a case, talk with your attorney.
If you're a parent
- Give the caseworker the names and contact information of every relative and family friend who could help, early and in writing. Keep a copy.
- The policy says DFCS should ask you for this, both during the investigation and in court. If no one has asked, offer it anyway.
If you're a relative
- If you receive a Diligent Search Notification, respond in writing and keep a copy of both the notice and your answer.
- If you know a child in your family was removed and you haven't heard anything, contact the county DFCS office and ask to be considered.
If you're a caseworker or advocate
- The three-business-day and 72-hour clocks are yours. If caseloads make them impossible, that's worth documenting too. It's exactly the kind of evidence that changes policy.
What we can't see
The policy requires every search, contact and notice to be recorded in Georgia SHINES. So the state has, at least in principle, the data to answer a simple question: how often do relatives get notice within 30 days of a removal?
We haven't found that number published anywhere. That doesn't mean no one tracks it. It means families, advocates and legislators can't see it. Our next step is to look harder, and if it isn't public, to ask for it.
If you work in Georgia's system and know where this is measured, we want to hear from you. Get in touch.
Sources
- 42 U.S.C. § 671(a)(29), via Cornell Legal Information Institute. law.cornell.edu/uscode/text/42/671 · verified Sep 29, 2026
- Georgia DFCS Child Welfare Policy Manual, § 19.20 Diligent Search, effective November 2023 (Manual Transmittal 2023-03). pamms.dhs.ga.gov/dfcs/cws/19-20 · verified Sep 29, 2026