Wednesday, March 21, 2007

Is this “mediation?” Foster parents beware

While reviewing upcoming legislation, we stumbled upon Georgia S.B. 188, amending the 2004 Foster Parent’s Bill of Rights, O.C.G.A. § 49-5-14. Notably, the bill would make the grievance procedure no longer the exclusive remedy for a violation of the article; however, our attention was drawn to the grievance procedure itself, which was created by a committee empowered by the act to “develop a grievance procedure, including a mediation procedure, to be published in departmental policy manuals and the Foster Parent Handbook” within a year. The resulting “mediation” procedure shows a complete ignorance of the process and an utter disregard for the intent of the original legislation. Far from providing mediation, the grievance procedure creates a “State Mediation Committee” (SMC) that engages in an investigatory, fact-finding process, after which it issues recommendations. The findings and recommendations are sent to the Division Director, who issues a response. The SMC report and the DFCS response are final and determinative.

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