GA Code § 15-11-135 (2021)
2021 Georgia Code|Title 15 - Courts|Chapter 11 - Juvenile Code|Article 3 - Dependency Proceedings|Part 3 - Taking Into Care|§ 15-11-135. Placement in Eligible Foster Care

  A child taken into custody shall not be placed in foster care prior to the hearing on a petition for dependency unless:   Foster care is required to protect the child;   The child has no parent, guardian, or legal custodian or other person able to provide supervision and care and return him or her to the court when required; or   An order for the child's foster care has been made by the court.     No child alleged to be or adjudicated as a dependent child shall be detained in any jail, adult lockup, or adult detention facility, nor shall a child be detained in a secure residential facility or nonsecure residential facility unless a child is also alleged to have committed a delinquent act or adjudicated to be a delinquent child and the court determines that the requirements for detention under Article 6 of this chapter are met.   An alleged dependent child may be placed in foster care only in:   A licensed or approved foster home or a home approved by the court which may be a public or private home;   The home of the child's noncustodial parent;   The home of a relative;   The home of fictive kin;   A facility operated by a licensed child welfare agency; or   A licensed shelter care facility approved by the court.     The actual physical placement of a child pursuant to this Code section shall require the approval of the judge of the juvenile court or his or her designee.   In any case in which a child is taken into protective custody of DFCS:   DFCS shall give preference for placement to an adult who is a relative or fictive kin over a nonrelated caregiver, provided that such relative or fictive kin has met all requirements for a DFCS relative or fictive kin placement and such placement is in the best interests of the child; and   Such child shall be placed together with his or her siblings who are also in protective custody or DFCS shall include a statement in its report and case plan of continuing efforts to place the siblings together or document why such joint placement would be contrary to the safety or well-being of any of the siblings.If siblings are not placed together, DFCS shall provide for frequent visitation or other ongoing interaction between siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.       (Code 1981, §15-11-135, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-9/SB 364; Ga. L. 2016, p. 134, § 1-1/HB 887; Ga. L. 2018, p. 1112, § 15/SB 365.)    The 2018 amendment,  effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, revised punctuation in the first and second sentences of paragraph (e)(2).   Code Commission notes.   - Pursuant to Code Section 28-9-5, in 2016, "that such relative" was substituted for "that the such relative" in paragraph (e)(1).   Law reviews.   - For note criticizing jurisdiction of juvenile justice system over runaways and advocating alternative legal approaches, see 24 Emory L. J. 1075 (1975).   JUDICIAL DECISIONS   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-1403, pre-2000 Code Section 15-11-20, and pre-2014 Code Section 15-11-48, 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.   Applicability.    - Contrary to the defendant's claims, neither former O.C.G.A. § 15-11-67 (see now O.C.G.A. § 15-11-442) nor former O.C.G.A. § 15-11-48(e) (see now O.C.G.A. §§ 15-11-135,15-11-400, and15-11-412) applied to the defendant's case because both provisions applied when the child was found "unruly," and the defendant was adjudicated delinquent, not unruly. In the Interest of B. Q. L. E., 297 Ga. App. 273, 676 S.E.2d 742, cert. denied, No. S09C1197, 2009 Ga. LEXIS 787 (Ga. 2009) (decided under former O.C.G.A. § 15-11-48).   Suspect may first be booked if rights are observed.    - There was no violation of former O.C.G.A. § 15-11-20 (see now O.C.G.A. §§ 15-11-155,15-11-400,15-11-412, and15-11-504) because a juvenile suspect was first taken to a police station for booking purposes, if the juvenile was advised of the juvenile's rights under that section to be questioned elsewhere; the juvenile signed a waiver of these rights on an "advice to juveniles" form and was detained at a youth development center. Marshall v. State, 248 Ga. 227, 282 S.E.2d 301 (1981) (decided under former Code 1933, § 24A-1403).   Confession admissible if juvenile taken before county police.    - Juvenile defendant's confession was admissible despite the fact that the juvenile was not taken before an impartial juvenile intake officer but a member of the county police department since the defendant's mother was present during the juvenile's interrogation and it was not alleged that the officer failed to perform any duty imposed upon the officer. Worthy v. State, 253 Ga. 661, 324 S.E.2d 431 (1985) (decided under former O.C.G.A. § 15-11-20).   All detention facilities not supervised and controlled by juvenile courts.    - Juvenile courts are not granted the power and authority to supervise and control all the various detention facilities. Jones v. State, 134 Ga. App. 611, 215 S.E.2d 483 (1975) (decided under former Code 1933, § 24A-1403).   No guarantee of all bed space desired by courts.    - Subsection (a) of former section contemplated otherwise than that the Department of Human Resources guarantee all bed space desired by the juvenile courts. Jones v. State, 134 Ga. App. 611, 215 S.E.2d 483 (1975) (decided under former Code 1933, § 24A-1403).   Confinement designation not exercise of court's jurisdiction.    - Juvenile court's order for detention was merely an order pursuant to the former statute; designating the place of confinement was not an exercise of jurisdiction by that court. Hartley v. Clack, 239 Ga. 113, 236 S.E.2d 63 (1977) (decided under former Code 1933, § 24A-1403).   Foster relationship gives rise to no state-created rights.    - Children are placed in foster homes as an alternative to institutional care for what is clearly designed as a transitional phase in the child's life. Therefore, in the eyes of the state, which creates the foster relationship, the relationship is considered temporary at the outset and gives rise to no state-created rights in the foster parents. Drummond v. Fulton County Dep't of Family & Children's Servs., 563 F.2d 1200 (5th Cir. 1977), cert. denied, 437 U.S. 910, 98 S. Ct. 3103, 57 L. Ed. 2d 1141 (1978) (decided under former Code 1933, § 24A-1403).   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.   C.J.S.   - 43 C.J.S., Infants, §§ 140 et seq., 226 et seq., 239.   U.L.A.   - Uniform Juvenile Court Act (U.L.A.) § 16.   ALR.    - What constitutes delinquency or incorrigibility, justifying commitment of infant, 45 A.L.R. 1533; 85 A.L.R. 1099.   Authority of court to order juvenile delinquent incarcerated in adult penal institution, 95 A.L.R.3d 568.   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.