GA Code § 15-11-240 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 11 - Juvenile Code|Article 3 - Dependency Proceedings|Part 13 - Permanent Guardianship|§ 15-11-240. Appointment of Permanent Guardian; Jurisdiction; Findings

  In addition to the jurisdiction to appoint guardians pursuant to Code Section 15-11-13, the juvenile court shall be vested with jurisdiction to appoint a permanent guardian for a child adjudicated as a dependent child in accordance with this article. Prior to the entry of such an order, the court shall:   Find that reasonable efforts to reunify such child with his or her parents would be detrimental to such child or find that the living parents of such child have consented to the permanent guardianship;   Find that termination of parental rights and adoption is not in the best interests of such child;   Find that the proposed permanent guardian can provide a safe and permanent home for such child;   Find that the appointment of a permanent guardian for such child is in the best interests of such child and that the individual chosen as such child's permanent guardian is the individual most appropriate to be such child's permanent guardian taking into consideration the best interests of the child; and   If such child is 14 years of age or older, find that the appointment of a permanent guardian for such child is in the best interests of such child and that the individual chosen by such child as the child's permanent guardian is the individual most appropriate to be such child's permanent guardian taking into consideration the best interests of the child.     The court may enter an order of support on behalf of a child against the parents of such child in accordance with paragraph (7) of subsection (a) of Code Section 15-11-212.     (Code 1981, §15-11-240, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)   Cross references.   - Power of judge of probate court to appoint guardian for minor, § 29-2-14.    Notice requirements relating to appointment of guardians for minors by judges of the probate court generally, § 29-2-17.   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-302, pre-2000 Code Section 15-11-6 and pre-2014 Code Section 15-11-30.1, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.   Jurisdiction of juvenile court in transferred custody proceeding.    - In a custody proceeding transferred from the superior court, the juvenile court was authorized to issue an order restraining the future disclosure of information contained in the juvenile court's files and records and to punish for contempt any past unauthorized disclosure of that material. In re Burton, 271 Ga. 491, 521 S.E.2d 568 (1999) (decided under former O.C.G.A. § 15-11-6).    Georgia Supreme Court affirmed the transfer of a father's petition for custody from Gwinnett County, Georgia, to Douglas County, Georgia because the "complaint for custody" that the father filed in Gwinnett County fairly was read as a petition to modify, vacate, or revoke the permanent guardianship, a petition over which the Juvenile Court of Douglas County had exclusive jurisdiction under the circumstances. In the Interest of M. F., 298 Ga. 138, 780 S.E.2d 291 (2015).   Notice and hearing requirements of Juvenile Code mandatory.    - Juvenile court committed reversible error in granting the children's paternal grandparents custody and guardianship of the children because the court failed to follow the statutory mandates outlined in the Juvenile Code as the mother did not consent to transfer of permanent guardianship and no guardianship petition was filed and provided to the mother with notice of proceedings. In the Interest of J. C., 350 Ga. App. 34, 827 S.E.2d 717 (2019).   Adoption, not guardianship, in child's best interest.    - Evidence authorized a juvenile court's finding that the termination of a parent's parental rights and the award of the child's permanent custody to DFCS to place for adoption with the child's foster family were in the child's best interest; there was sufficient evidence to support the juvenile court's denial of the parent's request that the child's grandmother be appointed guardian. The grandmother had already been determined unsuitable. In the Interest of S. P., 336 Ga. App. 488, 784 S.E.2d 846 (2016).   Appointment of permanent guardian proper.    - Trial court was authorized to conclude that the permanent guardian demonstrated by clear and convincing evidence that the appointment of a permanent guardian would be in the child's best interest as the mother had not completed her case plan, the child had experienced chronic neglect, and the mother lacked the necessary skills to meet the child's severe needs and ensure she received the essential services she was entitled to. In the Interest of K. G., 344 Ga. App. 674, 811 S.E.2d 451 (2018).   Award of permanent guardianship affirmed.    - Award of permanent guardianship to the aunt was affirmed because the parent gave no reason to believe that any objection to taking judicial notice of the deprivation order would have had any merit, nor did the parent identify specific evidence that the parent would have brought forward to challenge the earlier deprivation order. In the Interest of L. B., 319 Ga. App. 173, 735 S.E.2d 162 (2012) (decided under former O.C.G.A. § 15-11-30.1)    Guardian's petition for permanent guardianship was properly granted as reasonable efforts to reunify the child with the mother would be detrimental to the child because the child was born with Down Syndrome and a congenital heart defect, and had special needs; the mother made no efforts to obtain support or to prepare for the child's birth, even though the child would require services immediately; the mother was unable to get along with the child's service providers to the point that the providers did not want to continue providing services to the child; and the mother lacked the necessary skills to be able to meet the child's severe needs and the ability to ensure that the child received the services to which the child was entitled. In the Interest of K. G., 343 Ga. App. 345, 807 S.E.2d 70 (2017).    Guardianship of a child under O.C.G.A. § 15-11-240 was upheld based on evidence specifically showing, in light of the child's diagnosed disorders, continued uncertainty about the child's living situation and guardianship, and the mother's history of drug use and current lack of established, long-term stability and sobriety. In the Interest of J. W., 346 Ga. App. 443, 816 S.E.2d 409 (2018).   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-302 and pre-2000 Code Section 15-11-6, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.   Jurisdiction to appoint guardians for children.   - Former statute implicitly recognized that courts other than juvenile courts had jurisdiction to appoint guardians for children. 1976 Op. Att'y Gen. No. U76-15 (decided under former Code 1933, § 24A-302).   Support proceedings.    - Subsection (b) of former O.C.G.A. § 15-11-6 (see now O.C.G.A. § 15-11-15) authorized the superior court to transfer to the juvenile court support cases not involving a question of paternity as well as those support proceedings originating from a court-established support unit in the judicial circuit. 1989 Op. Att'y Gen. No. U89-7 (decided under former O.C.G.A. § 15-11-6).    Superior court may not transfer a Uniform Reciprocal Enforcement of Support Act proceeding to a juvenile court under subsection (b) of former O.C.G.A. § 15-11-6 (see now O.C.G.A. § 15-11-15). 1989 Op. Att'y Gen. No. U89-7 (decided under former O.C.G.A. § 15-11-6).   Paternity questions.    - Since no provision under subsection (b) of former O.C.G.A. § 15-11-6 (see now O.C.G.A. § 15-11-15) would permit the transfer of paternity questions to a juvenile court, no case in which paternity was involved may be transferred under that statute by a superior court to a juvenile court. 1989 Op. Att'y Gen. No. U89-7 (decided under former O.C.G.A. § 15-11-6).   Permanent custody determination upon divorce decree.    - When a superior court transfers the question of custody determination to a juvenile court pursuant to subsection (b) of former O.C.G.A. § 15-11-6 (see now O.C.G.A. § 15-11-15), the juvenile court may make only a temporary custody determination pending the outcome of the divorce action; but if the divorce decree is entered the juvenile court can then make a permanent custody determination. 1994 Op. Att'y Gen. No. U94-1 (decided under former O.C.G.A. § 15-11-6).   RESEARCH REFERENCES   Am. Jur. 2d.   - 39 Am. Jur. 2d, Guardian and Ward, § 5 et seq. 42 Am. Jur. 2d, Infants, § 27 et seq. 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 39 et seq.   C.J.S.   - 43 C.J.S., Infants, § 180 et seq. 67A C.J.S., Parent and Child, § 366 et seq.   U.L.A.   - Uniform Juvenile Court Act (U.L.A.) § 3.   ALR.   - Parent's involuntary confinement, or failure to care for child as result thereof, as evincing neglect, unfitness, or the like in dependency or divestiture proceeding, 79 A.L.R.3d 417.