ATLANTA — Georgia's lead agency that oversees that state's foster care system is pushing back on what's come out of U.S. hearings to add its context.
Georgia's Department of Human Services shared a letter with 11Alive from attorneys that was addressed to U.S. Sen. Jon Ossoff and Sen. Marsha Blackburn, chairman and ranking member of the subcommittee on human rights, respectively, on Oct. 31. The letter, sent by Consovoy McCarthy legal group, addresses the subcommittees testimony hearings surrounded the Georgia's Division of Family and Children Services and maintained that Ossoff's investigation into the state's "be fair, complete, and fact-based."
"The misstatements, omissions, and failure of the Subcommittee to request relevant information or responses from the Department in advance of its publicized hearings and press conferences leave the unfortunate impression that the goals of this investigation are political," the statement alleges, adding that the committee's investigations have not asked how the DFCS could use assistance from the federal government.
In five bullet points, the agency via attorneys worked to respond to the hearings addressing subjects of 'hoteling,' the actual number of children in the agency's care, and a report about missing children in the system. The Oct. 25 hearing was held in D.C.; the Oct. 30 hearing was held in Atlanta. The full letter from DFCS attorneys can be found at the bottom of this story.
Number of children in foster care in Georgia
"One witness asserted that the number of children in foster is approximately 11,000 and rising. This statement is untrue," the statement reads.
Attorneys clarified that there are 10,464 children in Georgia's foster care system as of August 2023, noting that it is down from 14,202 in May 2018.
"The numbers have held steady since their low of 10,432 in January 2022. This information was available and could have been provided if the Subcommittee had ever asked for it," the agency said.
DFCS response to missing foster children in Georgia
Last week, a news release from Ossoff's office announced that 1,790 children in DFCS care went missing between 2018 and 2022. This was according to The National Center for Missing and Exploited Children.
DFCS claimed that number is lacking context they were never asked to provide.
"It is not clear whether the numbers the Chairman (Ossoff) shared with the press account for children who were recovered or children who aged out and refused to sign back into foster care (even though they were located)," the statement reads.
However, the state said Georgia's rate of foster children reported missing is lower than Tennessee, Alabama, and South Carolina and is less than half the rate of states such as New York, Ohio, Maryland, Nebraska, Delaware and Kansas. DFCS cites a May 2022 report from the Inspector General for the U.S. Department of Health and Human Services. The numbers reported are for the year 2020.
DFCS did not provide a figure for 2023.
It did however express that there is a 14-page policy memo providing case workers instructions on how to handle reported missing children, emphasizing that it also has a designated Missing Children's Unit and it works closely with the NCMEC.
Debunking a child's death
Addressing Rachel Aldridge's testimony from Oct. 25, DFCS said her child Brooklynn was never in its care.
Aldridge shared her testimony as a parent, tearfully explaining that her daughter died after DFCS placed her with the child's father and his girlfriend, despite her pleas that it was an unsafe home.
“Brooklyn died on March 6, 2018, the cause of death of blunt force trauma to the back of the head and the girlfriend was convicted of murdering Brooklyn," Aldridge said.
RELATED: Child care advocates share experiences with state's foster care system, detailing abuse and neglect
Citing court documents, DFCS explained that the mother was already having unsupervised visitation before the agency intervened - the child's death occurred weeks after, but Brooklynn was never in the state's care.
"With respect to Ms. Aldridge's testimony, DFCS acknowledges and in no way diminishes the tragedy of Brooklynn's death," the statement read.
Juvenile court judges and DFCS
Ossoff heard witness testimony from three juvenile court judges Monday morning. During the hearing, one judge claimed that DFCS is leveraging the court system to address its short staffing and efforts to find temporary homes for foster children.
"DFCS executive leadership suggested to a room full of juvenile court judges that we prolong a child's time in jail so DFCS can have more time to find a foster placement," Gwinnett County juvenile court judge Nhan-Ai Simms said. "We have a false sense of confidence in the effectiveness of our system, but the problems suffered by children and families still persist.”
Via attorneys, DFCS said Commissioner Candice Broce recently met with juvenile judges "at their invitation" where lack of appropriate disposition options, therapeutic interventions, and safe placements for young adults with serious mental and behavioral health challenges were discussed.
To note, when 11Alive asked DFCS on Oct. 30 to comment on the allegations that came to light during the hearing, the agency did not immediately respond. It is unclear when the Commissioner's meeting with juvenile judges happened.
DFCS denied Simms' claims, saying Broce did not encourage judges to violate state law and emphasizing that that it is not within policy to punish a child with "complex needs through detention."
"Often, solutions are tough to find," the statement read. "The discussion included how additional time and resources might be necessary to best serve the family, especially through enhanced coordination between state agencies. Yesterday's testimony on this point was lacking critically important context and accuracy."
To offer insight in the commissioner's meeting with judges, DFCS said in its statement that she encouraged them to be involved in legislative efforts.
"Ultimately, the courts and DFCS are in this fight together, and must stay focused on productive efforts to improve Georgia's child welfare system," the statement read.
Sen. Jon Ossoff's statement
Ossoff's office responded to DFCS letter and shared a statement with 11Alive the same day it was sent.
A spokesperson for the senator said the subcommittee has been in contact with the state agency. There is still the question if children in foster care are protected from abuse and neglect.
Read his full statement below:
“The Subcommittee looks forward to interviewing relevant DFCS personnel about yesterday’s testimony by Georgia judges that DFCS proposed to keep children with special needs in juvenile detention facilities. The Subcommittee has been in regular contact with Georgia DFCS throughout this investigation and will seek Georgia DFCS’ continued cooperation. The Subcommittee’s investigation is ongoing, and the essential question is whether children in foster care are protected from abuse and neglect given serious concerns raised for years by watchdogs, parents, and the press.”
Read DFCS full letter below: