Despite growing concerns, Georgia DFCS pursues expanded authority for caseworkers, judges

Written by: E. George

Published March 13, 2025 @ 12:00 PM ET

FULTON COUNTY, Ga. – Despite growing concerns from state lawmakers about potential overreach, Georgia’s Division of Family and Children Services (DFCS) is pursuing expanded authority for its caseworkers and juvenile court judges.

The agency’s request includes granting juvenile court judges the power to issue arrest warrants across county lines and giving investigators more leeway to gather evidence in child abuse cases, particularly by shielding them from criminal charges related to the possession of child sex abuse materials during investigations.

The proposed changes, outlined in part of the 2025 state budget, also include a request for $1.7 million in federal grant funds to enhance DFCS’s efforts to investigate cases involving sexually exploited foster children. However, the agency’s proposals have raised alarm among some legislators, who worry the new powers could push DFCS further into roles traditionally handled by law enforcement.

State Representative Mary Margaret Oliver, a Democrat from Decatur, voiced concerns during a recent committee meeting, questioning whether the agency was positioning itself to take on law enforcement functions. Oliver expressed fears that such a shift could strain the long-standing collaboration between DFCS and local police, potentially causing jurisdictional conflicts over who should be responsible for investigating certain crimes.

While some lawmakers remain skeptical, DFCS Commissioner Candice Broce defended the agency’s push for increased authority, emphasizing that the changes would improve the agency’s ability to protect vulnerable children. Broce noted the creation of a new Special Victims Unit, designed to tackle complex child abuse cases, often spanning multiple counties. She argued that the unit would facilitate better coordination with law enforcement, rather than replace or undermine their role.

The Special Victims Unit, according to Broce, will dedicate most of its time to difficult cases involving crimes against children, particularly those that cross jurisdictional lines. Skeptics worry that expanding powers under Senate Bill 8 could eventually allow the unit to take on arrest duties, a role typically reserved for police. Broce rejected these concerns, clarifying that the bill was not intended to transform DFCS into a law enforcement agency.

DFCS is advocating for legal protections for caseworkers who may need to possess child abuse materials as part of their investigations. Under current law, caseworkers could face significant legal consequences if found in possession of such materials.

House Bill 435 would provide a legal shield for investigators, preventing them from being charged under child pornography laws while handling evidence in abuse cases. Broce explained that the nature of child sexual abuse investigations sometimes requires caseworkers to view disturbing materials, putting them in legal jeopardy without protections in place.

However, some legislators remain skeptical. Representative Charlice Byrd, a Republican from Woodstock, expressed doubts about DFCS’s ability to address its ongoing issues with management and staffing. Byrd argued that the agency has consistently struggled with handling child abuse cases and that these proposed changes may only serve as temporary fixes rather than addressing the root causes of its problems. She also expressed concern that the agency’s moves could encroach upon law enforcement’s responsibilities.

DFCS has faced significant scrutiny in recent years, particularly following a federal investigation that exposed a pattern of mismanagement within the agency. In 2022, the United States Senate Judiciary Committee’s subcommittee on Human Rights and the Law, led by Senator Jon Ossoff, concluded that systemic failures at DFCS had contributed to the deaths of children across the state. These revelations have heightened public concern over the agency’s effectiveness.

In response to these concerns, a DFCS spokesperson emphasized that the agency is taking steps to improve its operations and strengthen its collaboration with law enforcement. The spokesperson noted that the Special Victims Unit and other initiatives are part of a broader effort to become a more effective and responsive partner in child protection.

Both Senate Bill 8 and House Bill 435 are scheduled for votes in the state House of Representatives in the coming weeks. If passed, these measures could significantly alter the dynamics of how DFCS interacts with law enforcement and its ability to investigate child abuse cases across the state.