§ 19-9-128.No limitation on role of Division of Family and Children Services
Chapter 9. Child Custody Proceedings · Article 4. Power of Attorney for the Care of a Child · Last amended 2018 · Last verified October 9, 2026
Full Text of § 19-9-128
Plain-English Summary
The power of attorney in this article is meant for families who need help caring for a child, not as a way around the child-protection system. This section draws two lines. First, no one may sign a power of attorney under the article for the purpose of subverting an investigation of the child’s welfare that the Division of Family and Children Services has started. Second, no one may sign one at all while DFCS has an open child welfare and youth services case involving the child, the child’s parent, or another child of the parent.
The second ban doesn’t depend on motive. A parent with good intentions still can’t use the article while a qualifying DFCS case is open. And the case doesn’t have to concern the same child: an open case about the parent or a sibling is enough.
The section closes by saying that nothing in the article diminishes or limits any rights, power or authority of DFCS to protect any child. That fits with § 19-9-126(d), which leaves DFCS and law enforcement free to investigate abuse and neglect, and with § 19-9-131, which says a child living with an agent isn’t in foster care. The section doesn’t spell out what happens to a power of attorney signed in violation of it, but under § 19-9-130(b) a court of competent jurisdiction may terminate any power of attorney under the article. The section took effect September 1, 2018, and hasn’t been amended.
Frequently Asked Questions
Can I sign a power of attorney for my child while DFCS has an open case in Georgia?
No. The section says a person shall not sign a power of attorney under this article so long as the Division of Family and Children Services has an open child welfare and youth services case concerning the child, the child’s parent, or another child of the parent. The ban applies whatever the reason for signing.
Does the ban apply if the DFCS case involves my other child, not this one?
Yes. The ban covers an open DFCS child welfare and youth services case with regard to the child, his or her parent, or another child of the parent. An open case about a sibling or about the parent is enough to bar a power of attorney for this child while the case remains open.
Can a power of attorney stop a DFCS investigation in Georgia?
No. A person may not sign one for the purpose of subverting an investigation of the child’s welfare that DFCS has started, and nothing in the article diminishes or limits DFCS’s rights, power or authority to protect any child. Section 19-9-126(d) also confirms that DFCS and law enforcement may investigate and act on allegations of mistreatment.
What happens to a power of attorney signed in violation of this rule?
The section doesn’t say. It states the prohibitions but not a specific consequence. Under § 19-9-130(b), though, any power of attorney under this article may be terminated by an order of a court of competent jurisdiction, and DFCS keeps its full authority to act for the child’s protection. What a court does depends on the facts.
Does placing my child with a relative by power of attorney count as a DFCS placement?
No. Under § 19-9-131, a child subject to a power of attorney under this article isn’t considered placed in foster care, and the arrangement isn’t an out-of-home child placement. It’s a private family arrangement, and this section keeps it from being used to sidestep an open DFCS case.
Amendment History
Laws 2018, Act 285, § 2-2, eff. Sept. 1, 2018.