GA Code § 15-11-400 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 11 - Juvenile Code|Article 5 - Child in Need of Services|Part 3 - Formal Court Procedures|§ 15-11-400. Child in Need of Services; Time Limitations for Continued Custody or Temporary Custody Hearings

  The continued custody hearing for a child alleged to be a child in need of services shall be held promptly and no later than:   Twenty-four hours, excluding weekends and holidays, after such child is taken into temporary custody if he or she is being held in a secure residential facility or nonsecure residential facility; or   Seventy-two hours, excluding weekends and holidays, after such child is placed in foster care.     If a child alleged to be a child in need of services was never taken into temporary custody or is released from temporary custody at the continued custody hearing, the following time frames apply:   The petition for a child in need of services shall be filed:   Within 30 days of the filing of the complaint with the juvenile court; or   Within 30 days of such child's release from temporary custody;     Summons shall be served at least 72 hours before the adjudication hearing;   An adjudication hearing shall be scheduled to be held no later than 60 days after the filing of the petition for a child in need of services; and   If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing.     If a child alleged to be a child in need of services is not released from temporary custody at the continued custody hearing, the following time frames apply:   The petition for a child in need of services shall be filed within five days of the continued custody hearing;   Summons shall be served at least 72 hours before an adjudication hearing;   An adjudication hearing shall be scheduled to be held no later than ten days after the filing of the petition for a child in need of services; and   If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing.       (Code 1981, §15-11-400, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-25/SB 364.)   Cross references.   - Amendment to Juvenile Court petition, Uniform Rules for the Juvenile Courts of Georgia, Rule 6.6.   Continuance of adjudicatory hearing in Juvenile Court, Uniform Rules for the Juvenile Courts of Georgia, Rule 11.3.   Law reviews.   - For article discussing due process in juvenile court procedures in California and Georgia, in light of In re Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967), see 8 Ga. St. B. J. 9 (1971). For article, "The Child as a Party in Interest in Custody Proceedings," see 10 Ga. St. B. J. 577 (1974). For article surveying Georgia cases in the area of juvenile court practice and procedure from June 1979 through May 1980, see 32 Mercer L. Rev. 113 (1980). For article, "Termination of Parental Rights: Recent Judicial and Legislative Trends," see 30 Emory L. J. 1065 (1981). For article, "Georgia's Juvenile Code: New Law for the New Year," see 19 Ga. St. B. J. 13 (Dec. 2013). For note criticizing jurisdiction of juvenile justice system over runaways and advocating alternative legal approaches, see 24 Emory L. J. 1075 (1975). For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 81 (1994).   JUDICIAL DECISIONS   ANALYSIS    General Consideration   Waiver of Time Limit   Adjudicatory Hearings   Dispositional Hearings   Appeals    OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, opinions under former Code 1933, § 24A-1403, which was subsequently repealed but was 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.   Juvenile intake officer to locate appropriate juvenile facility.   - Juvenile intake officer should make all reasonable efforts to locate an appropriate juvenile facility for the detention of an allegedly delinquent child before determining that such a facility was "not available" for purposes of the former statute. 1978 Op. Att'y Gen. No. U78-13 (decided under former Code 1933, § 24A-1403).   RESEARCH REFERENCES   Am. Jur. 2d.   - 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, §§ 47 et seq., 53 et seq., 66 et seq., 110 et seq.   C.J.S.   - 43 C.J.S., Infants, §§ 140 et seq., 195 et seq., 226 et seq., 239.   U.L.A.   - Uniform Juvenile Court Act (U.L.A.) §§ 16, 22, 23, 29.   ALR.    - What constitutes delinquency or incorrigibility, justifying commitment of infant, 45 A.L.R. 1533; 85 A.L.R. 1099.   Omission of signature of issuing officer on civil process or summons as affecting jurisdiction of the person, 37 A.L.R.2d 928.   Applicability of rules of evidence in juvenile delinquency proceeding, 43 A.L.R.2d 1128.   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.   Truancy as indicative of delinquency or incorrigibility, justifying commitment of infant or juvenile, 5 A.L.R.4th 1211.   Foster parent's right to immunity from foster child's negligence claims, 55 A.L.R.4th 778.   Defense of infancy in juvenile delinquency proceedings, 83 A.L.R.4th 1135.   Applicability of rules of evidence to juvenile transfer, waiver, or certification hearings, 37 A.L.R.5th 703.