GA Code § 15-11-212 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 11 - Juvenile Code|Article 3 - Dependency Proceedings|Part 11 - Disposition|§ 15-11-212. Disposition of Dependent Child

  The court may make any of the following orders of disposition or a combination of those best suited to the protection and physical, emotional, mental, and moral welfare of a child adjudicated as a dependent child:   Permit such child to remain with his or her parent, guardian, or legal custodian subject to conditions and limitations as the court prescribes, including supervision as directed by the court for the protection of such child;   Grant or transfer temporary legal custody to any of these persons or entities:   Any individual, including a biological parent, who, after study by the probation officer or other person or agency designated by the court, is found by the court to be qualified to receive and care for such child, provided that priority for placement is given to an adult who is a relative or fictive kin;   An agency or other private organization licensed or otherwise authorized by law to receive and provide care for such child;   Any public agency authorized by law to receive and provide care for such child; provided, however, that for the purpose of this Code section, the term "public agency" shall not include DJJ or DBHDD; or   An individual in another state with or without supervision by an appropriate officer pursuant to the requirements of Code Section 39-4-4, the Interstate Compact on the Placement of Children;     Transfer jurisdiction over such child in accordance with the requirements of Code Section 39-4-4, the Interstate Compact on the Placement of Children;   Order such child and his or her parent, guardian, or legal custodian to participate in counseling or in counsel and advice as determined by the court. Such counseling and counsel and advice may be provided by the court, court personnel, probation officers, professional counselors or social workers, psychologists, physicians, physician assistants, qualified volunteers, or appropriate public, private, or volunteer agencies as directed by the court and shall be designed to assist in deterring future conditions of dependency or other conduct or conditions which would be harmful to a child or society;   Order the parent, guardian, or legal custodian of such child to participate in a court approved educational or counseling program designed to contribute to the ability of such parent, guardian, or legal custodian to provide proper parental care and supervision of such child, including, but not limited to, parenting classes;   Order DFCS to implement and such child's parent, guardian, or legal custodian to cooperate with any plan approved by the court; or   Order temporary child support for such child to be paid by that person or those persons determined to be legally obligated to support such child. In determining such temporary child support, the court shall apply the child support guidelines provided in Code Section 19-6-15 and the implementation and any review of the order shall be held as provided in Code Section 19-6-15. Where there is an existing order of a superior court or other court of competent jurisdiction, the court may order the child support obligor in the existing order to make payments to such child's caretaker on a temporary basis but shall not otherwise modify the terms of the existing order. A copy of the juvenile court's order shall be filed in the clerk's office of the court that entered the existing order. Temporary child support orders entered pursuant to this paragraph shall be enforceable by the court's contempt powers so long as the court is entitled to exercise jurisdiction over the dependency case.     The transfer of temporary legal custody may be subject to conditions and limitations the court may prescribe. Such conditions and limitations shall include a provision that the court shall approve or direct the return of the physical custody of a child adjudicated as a dependent child to his or her parent, guardian, or legal custodian either upon the occurrence of specified circumstances or at the direction of the court. The return of physical custody of a child adjudicated as a dependent child to his or her parent, guardian, or legal custodian may be made subject to conditions and limitations the court may prescribe, including, but not limited to, supervision for the protection of such child.   A child adjudicated as a dependent child shall not be committed to or confined in an institution or other facility designed or operated for the benefit of delinquent children unless such child is also adjudicated to be a delinquent child and such child's detention is warranted under the requirements of Article 6 of this chapter.   After transferring temporary legal custody of a child adjudicated as a dependent child to DFCS, the court may at any time conduct sua sponte a judicial review of the current placement plan being provided to such child. After its review, the court may order DFCS to comply with the current placement plan, order DFCS to devise a new placement plan, or make any other order relative to placement or custody outside DFCS as the court finds to be in the best interests of such child. Placement or a change of custody by the court outside DFCS shall relieve DFCS of further responsibility for such child except for any provision of services ordered by the court to ensure the continuation of reunification services to such child's family when appropriate.   A court shall not be required to make an order of disposition regarding a child who is discharged from a facility in which such child was hospitalized or habilitated pursuant to Chapter 3, 4, or 7 of Title 37 unless such child is to be discharged into the physical custody of any person who had such custody when the court made its most recent adjudication that the child was a dependent child.   If a child is adjudicated as a dependent child and the dependency is found to have been the result of substance abuse by his or her parent, guardian, or legal custodian and the court orders transfer of temporary legal custody of such child, the court shall be authorized to further order that legal custody of such child may not be transferred back to his or her parent, guardian, or legal custodian unless such parent, guardian, or legal custodian:   Undergoes substance abuse treatment and random substance abuse screenings and those screenings remain negative for a period of no less than 12 consecutive months; or   Successfully completes programming through a family treatment court division.     If the court finds that DFCS preventive or reunification efforts have not been reasonable but that further efforts could not permit a child adjudicated as a dependent child to safely remain at home, the court may nevertheless authorize or continue the removal of such child.   When the case plan requires a concurrent permanency plan, the court shall review the reasonable efforts of DFCS to recruit, identify, and make a placement in a home in which a relative of a child adjudicated as a dependent child, foster parent, or other persons who have demonstrated an ongoing commitment to the child has agreed to provide a legally permanent home for such child in the event reunification efforts are not successful.     (Code 1981, §15-11-212, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-14/SB 364; Ga. L. 2016, p. 134, § 1-3/HB 887; Ga. L. 2017, p. 585, § 1-4/SB 174.)   Cross references.   - Interstate Compact for Juveniles, T. 49, C. 4B.   Law reviews.   - For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B. J. 189 (1969). For article discussing the uneasy sharing of powers and responsibilities between the superior and juvenile courts in their concurrent jurisdiction over juveniles aged 13 to 18 and suggesting reforms, see 23 Mercer L. Rev. 341 (1972). For article, "An Outline of Juvenile Court Jurisdiction with Focus on Child Custody," see 10 Ga. St. B. J. 275 (1973). For article, "Child Custody - Jurisdiction and Procedure," see 35 Emory L. J. 291 (1986). For article, "The Prosecuting Attorney in Georgia's Juvenile Courts," see 13 Ga. St. B. J. 27 (2008). For article on the 2017 amendment of this Code section, see 34 Ga. St. U.L. Rev. 115 (2017). For comment on Stanton v. Stanton, 213 Ga. 545, 100 S.E.2d 289 (1957), holding that parents cannot by contract restrict the discretion of the court in awarding custody and provision regulating the religious upbringing of the child may be entirely disregarded by the court, see 20 Ga. B. J. 546 (1958). For comment on J.W.A. v. State, 233 Ga. 683, 212 S.E.2d 849 (1975), see 27 Mercer L. Rev. 335 (1975). For comment on Parham v. J.R., 442 U.S. 584 (1979) and Secretary of Pub. Welfare v. Institutionalized Juveniles, 442 U.S. 640 (1979), regarding juvenile commitment to state mental hospitals upon application of parents or guardians, see 29 Emory L. J. 517 (1980).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Jurisdiction   Adoption   Criminal Matters   Application    OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 24A-301, pre-2000 Code Section 15-11-5 and pre-2014 Code Section 15-11-28, 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.   No conflict with jurisdictional grant over adoptions to superior courts.   - Jurisdiction of superior courts over adoptions does not conflict with the general grant of "exclusive original jurisdiction over juvenile matters" to the juvenile courts. 1976 Op. Att'y Gen. No. U76-15 (decided under former Code 1933, § 24A-301).   Superior court may terminate parent-child relationship only with adoption.   - Although both superior and juvenile courts have jurisdiction to terminate the parent-child relationship, the superior court may do so only in conjunction with an adoption proceeding which has been filed in that court; the juvenile court remains the sole court for initiating a parental termination proceeding if there is no concomitant adoption proceeding in process. 1977 Op. Att'y Gen. No. U77-52 (decided under former Code 1933, § 24A-301).   Jurisdiction of superior courts not affected by interstate compact on juveniles.   - No provision of the interstate compact on juveniles has any effect on the jurisdiction and authority of superior courts over matters of adoption. 1976 Op. Att'y Gen. No. U76-15 (decided under former Code 1933, § 24A-301).   Uniform Reciprocal Enforcement of Support Act proceedings.    - Superior court may not transfer a Uniform Reciprocal Enforcement of Support Act, O.C.G.A. § 19-11-40 et seq., proceeding to a juvenile court. 1989 Op. Att'y Gen. No. U89-7 (decided under former O.C.G.A. § 15-11-5).   Paternity questions.    - Since no provision would permit the transfer of paternity questions to a juvenile court, no case in which paternity is involved may be transferred by a superior court to a juvenile court. 1989 Op. Att'y Gen. No. U89-7 (decided under former O.C.G.A. § 15-11-5).   RESEARCH REFERENCES   Am. Jur. 2d.   - 42 Am. Jur. 2d, Infants, §§ 27 et seq., 50.   47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, §§ 7, 39 et seq., 50 et seq., 66 et seq., 110 et seq.   C.J.S.   - 43 C.J.S., Infants, §§ 18, 180 et seq., 373 et seq. 67A C.J.S., Parent and Child, §§ 63 et seq., 99 et seq., 122 et seq., 378 et seq.   U.L.A.   - Uniform Juvenile Court Act (U.L.A.) §§ 3, 4, 30.   ALR.    - Constitutionality of statute as affected by discrimination in punishments for same offense based upon age, color, or sex, 3 A.L.R. 1614; 8 A.L.R. 854.    Jurisdiction of another court over child as affected by assumption of jurisdiction by juvenile court, 11 A.L.R. 147; 78 A.L.R. 317; 146 A.L.R. 1153.    What constitutes delinquency or incorrigibility, justifying commitment of infant, 45 A.L.R. 1533; 85 A.L.R. 1099.    Power of juvenile court to exercise continuing jurisdiction over infant delinquent or offender, 76 A.L.R. 657.    Enlistment or mustering of minors into military service, 137 A.L.R. 1467; 147 A.L.R. 1311; 148 A.L.R. 1388; 149 A.L.R. 1457; 150 A.L.R. 1420; 151 A.L.R. 1455; 151 A.L.R. 1456; 152 A.L.R. 1452; 153 A.L.R. 1420; 153 A.L.R. 1422; 154 A.L.R. 1448; 155 A.L.R. 1451; 155 A.L.R. 1452; 156 A.L.R. 1450; 157 A.L.R. 1449; 157 A.L.R. 1450; 158 A.L.R. 1450.   Marriage as affecting jurisdiction of juvenile court over delinquent or dependent, 14 A.L.R.2d 336.   Homicide by juvenile as within jurisdiction of a juvenile court, 48 A.L.R.2d 663.   Age of child at time of alleged offense or delinquency, or at time of legal proceedings, as criterion of jurisdiction of juvenile court, 89 A.L.R.2d 506.   Parent's involuntary confinement, for 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.   Right of indigent parent to appointed counsel in proceeding for involuntary termination of parental rights, 80 A.L.R.3d 1141.   Authority of court to order juvenile delinquent incarcerated in adult penal institution, 95 A.L.R.3d 568.   Applicability of double jeopardy to juvenile court proceedings, 5 A.L.R.4th 234.   Jurisdiction or power of juvenile court to order parent of juvenile to make restitution for juvenile's offense, 66 A.L.R.4th 985.