reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 11 - DISPOSITION OF CHILD (§§ 15-11-210 — 15-11-220) › Section 15-11-217 - Periodic review by judicial citizen review panel

(a)
In the event the periodic review of a case is conducted by a judicial citizen review panel, the panel shall transmit its report and that of DFCS, including its findings and recommendations together with DFCS proposed revised plan for reunification or other permanency plan, if necessary, to the court and the parent within five days after the review.
(b)
DFCS shall provide the caregiver of a child adjudicated as a dependent child, his or her foster parents if there are foster parents, and any preadoptive parents or relatives providing care for such child with a copy of those portions of the report of the judicial citizen review panel that involve the recommended permanency goal and the recommended services to be provided to such child.
(c)
Any party may request a hearing on the proposed revised plan in writing within five days after receiving a copy of the plan.
(d)
If no hearing is requested or scheduled by the court on its own motion, the court shall review the proposed revised plan and enter a supplemental order incorporating the revised plan as part of its disposition in the case. In the event that a hearing is held, the court shall, after hearing evidence, enter a supplemental order incorporating all elements that the court finds essential in the proposed revised plan.
(e)
Notwithstanding subsections (c) and (d) of this Code section, if the judicial citizen review panel finds that there is a lack of substantial progress towards completion of the case plan, the court shall schedule a hearing within 30 days of such finding to determine whether a case plan for nonreunification is appropriate.
(f)
If the judicial citizen review panel determines that a parent of a child adjudicated as a dependent child has unjustifiably failed to comply with the ordered plan designed to reunite such child's family and that such failure is significant enough to warrant consideration of the parent's termination of parental rights, the panel may make a recommendation to DFCS and the attorney for such child that a petition for termination of parental rights should be prepared.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 11 - DISPOSITION OF CHILD (§§ 15-11-210 — 15-11-220) › Section 15-11-219 - Required findings for qualified residential treatment program admittance; assessment procedures; writing requirement

(a)
Before a child's placement in a qualified residential treatment program, but no later than 30 days following the start of such placement, a qualified individual shall:
(1)
Assess the strengths and needs of the child using an age-appropriate, evidence based, validated, functional assessment tool;
(2)
Determine whether the needs of the child can be met with family members or through placement in a foster family home or, if not, which DFCS approved authorized setting would provide the most effective and appropriate level of care for the child in the least restrictive environment and be consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child; and
(3)
Develop a list of child-specific short-term and long-term mental and behavioral health goals.
(b)
The qualified individual conducting the assessment shall work in conjunction with the family and permanency team for the child while conducting and making the assessment.
(c)
If the qualified individual conducting the assessment determines the child should not be placed in a foster family home, the qualified individual shall specify in writing:
(1)
The reasons why the needs of the child cannot be met by the family of the child or in a foster family home. A shortage or lack of foster family homes shall not be an acceptable reason for determining that the needs of the child cannot be met in a foster family home; and
(2)
Why the recommended placement in a qualified residential treatment program is the setting that will provide the child with the most effective and appropriate level of care in the least restrictive environment and how that placement is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child.
Amended by 2020 Ga. Laws 521,§ 15, eff. 7/29/2020.
Added by 2019 Ga. Laws 278,§ 5, eff. 5/7/2019.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 11 - DISPOSITION OF CHILD (§§ 15-11-210 — 15-11-220) › Section 15-11-220 - Required findings after placement in qualified residential treatment program; documentation

(a)
Within 60 days of the start of a child's placement in a qualified residential treatment program, the court must:
(1)
Consider the assessment required by Code Section
15-11-219
determination, and documentation made by the qualified individual in approving the placement;
(2)
Determine whether the needs of the child can be met through placement in a foster family home or, if not, whether placement of the child in a qualified residential treatment program provides the most effective and appropriate level of care for the child in the least restrictive environment;
(3)
Determine whether placement in a qualified residential treatment program is consistent with the short-term and long-term goals for the child, as specified in the permanency plan for the child;
(4)
Determine whether it is in the best interest of the child to be placed in a qualified residential treatment program and whether, for that reason, it is not in the best interest of the child or the child's siblings to be placed together; and
(5)
Approve or disapprove the qualified residential treatment program placement by entering written findings of fact on the record. Placement or a change of legal custody by the court outside DFCS shall relieve DFCS of further responsibility for a child adjudicated as a dependent 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.
(b)
Documentation of the determination and approval or disapproval of the placement in a qualified residential treatment program by the court shall be included in and made part of the case plan for the child.
Amended by 2020 Ga. Laws 521,§ 15, eff. 7/29/2020.
Added by 2019 Ga. Laws 278,§ 5, eff. 5/7/2019.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 12 - PERMANENT PLAN FOR CHILD (§§ 15-11-230 — 15-11-233) › Section 15-11-230 - Permanency plan hearing; consideration of hearsay evidence

(a)
The court shall hold a permanency plan hearing to determine the future permanent legal status of each child in DFCS custody.
(b)
A permanency plan hearing, which considers in-state and out-of-state placement options for a child adjudicated as a dependent child, shall be held:
(1)
No later than 30 days after DFCS has submitted a written report to the court which does not contain a plan for reunification services;
(2)
For children under seven years of age at the time a petition is filed, no later than nine months after such child has entered foster care;
(3)
For children seven years of age and older at the time a petition is filed, no later than 12 months after such child has entered foster care; or
(4)
For a child in a sibling group whose members were removed from the home at the same time and in which one member of the sibling group was under seven years of age at the time a petition for dependency was filed, the permanency plan hearing shall be held no later than nine months after such child has entered foster care.
(c)
After the initial permanency plan hearing has occurred, a permanency plan hearing shall be held not less frequently than every six months during the time a child adjudicated as a dependent child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that such child's permanency plan and goal have been achieved.
(d)
A child adjudicated as a dependent child, his or her parent, guardian, or legal custodian, attorney, guardian ad litem, if any, foster parents if there are foster parents, any preadoptive parent or relatives providing care for such child, and other parties shall be given written notice of a permanency plan hearing at least five days in advance of such hearing and shall be advised that the permanency plan recommended by DFCS will be submitted to the court for consideration as the order of the court.
(e)
The court shall consult with the child adjudicated as a dependent child, in an age-appropriate manner, regarding the proposed permanency plan for such child.
(f)
The court may consider any evidence, including hearsay evidence, that the court finds to be relevant, reliable, and necessary to determine the needs of a child adjudicated as a dependent child and the most appropriate permanency plan.
Amended by 2021 Ga. Laws 138,§ 9, eff. 1/1/2022.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 13 - PERMANENT GUARDIANSHIP (§§ 15-11-240 — 15-11-244) › Section 15-11-240 - Appointment of permanent guardian; jurisdiction; findings

(a)
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:
(1)
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;
(2)
Find that termination of parental rights and adoption is not in the best interests of such child;
(3)
Find that the proposed permanent guardian can provide a safe and permanent home for such child;
(4)
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
(5)
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.
(b)
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
.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 13 - PERMANENT GUARDIANSHIP (§§ 15-11-240 — 15-11-244) › Section 15-11-241 - Petition for permanent guardian

The petition for the appointment of a permanent guardian pursuant to this part shall set forth:
(1)
The facts upon which the court's jurisdiction is based;
(2)
The name and date of birth of the child adjudicated as a dependent child;
(3)
The name, address, and county of domicile of the petitioner and the petitioner's relationship to such child, if any, and, if different from the petitioner, the name, address, and county of domicile of the individual nominated by the petitioner to serve as guardian and that individual's relationship to such child, if any;
(4)
A statement that:
(A)
Reasonable efforts to reunify such child with his or her parents would be detrimental to such child;
(B)
Termination of parental rights and adoption is not in the best interests of such child;
(C)
The proposed guardian can provide a safe and permanent home for such child;
(D)
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 guardian is the individual most appropriate to be such child's permanent guardian taking into consideration the best interests of the child; and
(E)
If such child is 14 years of age or older, that the appointment of a permanent guardian for such child is in the best interests of the child and that the individual chosen by such child as the child's permanent guardian is the most appropriate individual to be such child's permanent guardian taking into consideration the best interests of the child;
(5)
Whether such child was born out of wedlock and, if so, the name and address of the biological father, if known;
(6)
Whether, to the petitioner's knowledge, there exists any notarized or witnessed document made by a parent of such child that deals with the guardianship of such child and the name and address of any designee named in the document;
(7)
In addition to the petitioner and the nominated guardian and, if the parent of such child has not consented to the permanent guardianship, the names and addresses of the following relatives of such child whose parents' whereabouts are known:
(A)
The adult siblings of such child; provided, however, that not more than three adult siblings need to be listed;
(B)
If there is no adult sibling of such child, the grandparents of such child; provided, however, that not more than three grandparents need to be listed; or
(C)
If there is no grandparent of such child, any three of the nearest adult relatives of such child determined according to Code Section
53-2-1
;
(8)
Whether a temporary guardian has been appointed for such child or a petition for the appointment of a temporary guardian has been filed or is being filed; and
(9)
The reason for any omission in the petition for appointment of a permanent guardian for such child in the event full particulars are lacking.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 13 - PERMANENT GUARDIANSHIP (§§ 15-11-240 — 15-11-244) › Section 15-11-242 - Effect of guardianship order

(a)
Permanent guardianship orders entered pursuant to Code Section
15-11-240
shall:
(1)
Remain in effect until the child adjudicated as a dependent child reaches the age of 18 or becomes emancipated;
(2)
Not be subject to review by the court except as provided in Code Section
15-11-244
; and
(3)
Establish a reasonable visitation schedule which allows the child adjudicated as a dependent child to maintain meaningful contact with his or her parents through personal visits, telephone calls, letters, or other forms of communication or specifically include any restriction on a parent's right to visitation.
(b)
A permanent guardian shall have the rights and duties of a permanent guardian as provided in Code Sections
29-2-21
,
29-2-22
, and
29-2-23
and shall take the oath required of a guardian as provided in Code Section
29-2-24
.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 13 - PERMANENT GUARDIANSHIP (§§ 15-11-240 — 15-11-244) › Section 15-11-243 - Permanent guardianship petition hearing

A guardianship petition hearing shall be conducted in accordance with Code Section
29-2-18
to determine the best interests of the child who was adjudicated as a dependent child, and in reaching its determination the court shall consider Code Section
15-11-240
.
Amended by 2023 Ga. Laws 245,§ 1, eff. 7/1/2023.
Amended by 2015 Ga. Laws 75,§ 1-9, eff. 5/5/2015.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 13 - PERMANENT GUARDIANSHIP (§§ 15-11-240 — 15-11-244) › Section 15-11-243.1 - Summons; required parties; personal appearance of adults or children; waiver of service

(a)
The court shall direct the issuance of a summons to the legal mother, legal father, biological father, legal custodian, attorney, and guardian ad litem, if any, of the child who was adjudicated as a dependent child and any other persons who appear to the court to be proper or necessary parties to the proceeding. A copy of such petition shall accompany the summons unless the summons is served by publication, in which case the published summons shall indicate the general nature of the allegations and where a copy of such petition can be obtained.
(b)
No service of summons shall be required for any parent whose parental rights have been terminated or voluntarily surrendered.
(c)
The court shall direct notice and a copy of the petition be provided to the child named in the petition if the child is 14 years of age or older.
(d)
The court may endorse upon the summons an order directing the parent, guardian, or legal custodian of the child named in the petition to appear personally at the hearing or directing the person having the physical custody or control of such child to bring such child to the hearing.
(e)
A party other than the child named in the petition may waive service of summons by written stipulation or by voluntary appearance at the hearing.
Added by 2023 Ga. Laws 245,§ 2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 13 - PERMANENT GUARDIANSHIP (§§ 15-11-240 — 15-11-244) › Section 15-11-243.2 - Service of summons

(a)
If a party to be served with a summons is within this state and can be found, the summons shall be served upon him or her personally as soon as possible and at least 14 days before the permanent guardianship hearing.
(b)
If a party to be served is within this state and cannot be found, but his or her address is known or can be ascertained with due diligence, the summons shall be served upon such party at least 14 days before the permanent guardianship hearing by mailing him or her a copy by registered or certified mail or statutory overnight delivery, return receipt requested.
(c)
If a party to be served is outside this state but his or her address is known or can be ascertained with due diligence, service of the summons shall be made at least 14 days before the permanent guardianship hearing either by delivering a copy to such party personally or by mailing a copy to him or her by registered or certified mail or statutory overnight delivery, return receipt requested.
(d)
(1)
If, after due diligence, a party to be served with a summons cannot be found and such party's address cannot be ascertained whether he or she is within or outside this state, the court may order service of the summons upon him or her by publication. The permanent guardianship hearing shall not be earlier than 15 days after the date of the last publication.
(2)
Service by publication shall be made once a week for two consecutive weeks in the legal organ of the county where the petition for permanent guardianship has been filed. Service shall be deemed complete upon the date of the last publication.
(3)
When served by publication, the notice shall contain the names of the parties, except that the anonymity of a child shall be preserved by the use of appropriate initials, and the date the petition for permanent guardianship was filed. The notice shall indicate the general nature of the proceedings and where a copy of the petition for permanent guardianship can be obtained and require the party to file any objections in accordance with paragraph (4) of this subsection.
(4)
The notice shall state that the individual is entitled to object either to the establishment of a permanent guardianship or to the selection of the proposed guardian, or both. The notice shall require that any objection be filed in writing with the court within ten days of the personal service, within 14 days of the mailing of the notice, or within ten days of the date of the second publication of the notice.
(e)
Service of the summons may be made by any suitable person under the direction of the court.
Added by 2023 Ga. Laws 245,§ 2, eff. 7/1/2023.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 13 - PERMANENT GUARDIANSHIP (§§ 15-11-240 — 15-11-244) › Section 15-11-244 - Modification of permanent guardianship order

(a)
The court shall retain jurisdiction over a guardianship action under this part for the sole purpose of entering an order following the filing of a petition to modify, vacate, or revoke the guardianship and appoint a new guardian.
(b)
The superior courts shall have concurrent jurisdiction for enforcement or modification of any child support or visitation order entered pursuant to Code Section
15-11-240
.
(c)
The guardianship shall be modified, vacated, or revoked based upon a finding, by clear and convincing evidence, that there has been a material change in the circumstances of the child who was adjudicated as a dependent child or the guardian and that such modification, vacation, or revocation of the guardianship order and the appointment of a new guardian is in the best interests of the child. Appointment of a new guardian shall be subject to the provisions of Code Sections
15-11-240
and
15-11-241
.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 1 - GENERAL PROVISIONS (§§ 15-11-260 — 15-11-265) › Section 15-11-260 - Purpose of article

(a)
The purpose of this article is:
(1)
To protect a child who has been adjudicated as a dependent child from his or her parent who is unwilling or unable to provide safety and care adequate to meet such child's physical, emotional, and mental health needs by providing a judicial process for the termination of all parental rights and responsibilities;
(2)
To eliminate the need for a child who has been adjudicated as a dependent child to wait unreasonable periods of time for his or her parent to correct the conditions which prevent his or her return to the family;
(3)
To ensure that the continuing needs of a child who has been alleged or adjudged to be a dependent child for proper physical, mental, and emotional growth and development are the decisive considerations in all proceedings;
(4)
To ensure that the constitutional rights of all parties are recognized and enforced in all proceedings conducted pursuant to this article while ensuring that the fundamental needs of a child are not subjugated to the interests of others; and
(5)
To encourage stability in the life of a child who has been adjudicated as a dependent child and has been removed from his or her home by ensuring that all proceedings are conducted expeditiously to avoid delays in resolving the status of the parent and in achieving permanency for such child.
(b)
Nothing in this article shall be construed as affecting the rights of a parent who is not the subject of the proceedings.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 1 - GENERAL PROVISIONS (§§ 15-11-260 — 15-11-265) › Section 15-11-260.1 - Exemption when governed by Indian Child Welfare Act

A proceeding under this article shall not be subject to this article to the extent that it is governed by the Indian Child Welfare Act, P.L. 95-608, as amended, Chapter 21 of Title 25 of the United States Code. In those circumstances, compliance with such federal law shall be required.
Added by 2019 Ga. Laws 278,§ 8, eff. 5/7/2019.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 1 - GENERAL PROVISIONS (§§ 15-11-260 — 15-11-265) › Section 15-11-261 - Scope, effect, and duration of order terminating parental rights

(a)
An order terminating the parental rights of a parent shall be without limit as to duration and shall divest the parent and his or her child of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other, except:
(1)
The right of such child to receive child support from his or her parent until a final order of adoption is entered;
(2)
The right of such child to inherit from and through his or her parent. The right of inheritance of such child shall be terminated only by a final order of adoption; and
(3)
The right of such child to pursue any civil action against his or her parent.
(b)
When an order terminating the parent and child relationship has been issued, the parent whose right has been terminated shall not thereafter be entitled to notice of proceedings for the adoption of his or her child by another, nor has the parent any right to object to the adoption or otherwise to participate in such proceedings.
(c)
The relationship between a child and his or her siblings shall not be severed until that relationship is terminated by final order of adoption.
(d)
A relative whose relationship to a child is derived through the parent whose parental rights are terminated shall be considered to be a relative of such child for purposes of placement of, and permanency plan for, such child until such relationship is terminated by final order of adoption.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 1 - GENERAL PROVISIONS (§§ 15-11-260 — 15-11-265) › Section 15-11-262 - Right to attorney and appointment of guardian ad litem

(a)
A child and any other party to a proceeding under this article shall have the right to an attorney at all stages of the proceedings under this article.
(b)
The court shall appoint an attorney for a child in a termination of parental rights proceeding. The appointment shall be made as soon as practicable to ensure adequate representation of such child and, in any event, before the first court hearing that may substantially affect the interests of such child.
(c)
A child's attorney owes to a child the duties imposed by the law of this state in an attorney-client relationship.
(d)
The court shall appoint a guardian ad litem for a child in a termination proceeding; provided, however, that such guardian ad litem may be the same person as the child's attorney unless or until there is a conflict of interest between the attorney's duty to such child as such child's attorney and the attorney's considered opinion of such child's best interests as guardian ad litem.
(e)
The court shall appoint a CASA to serve as guardian ad litem whenever possible, and a CASA may be appointed in addition to an attorney who is serving as a guardian ad litem.
(f)
The role of a guardian ad litem in a termination of parental rights proceeding shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter.
(g)
If an attorney or guardian ad litem has been appointed to represent a child in a prior proceeding under this chapter, the court, when possible, shall appoint the same attorney to represent such child in any subsequent proceeding.
(h)
An attorney appointed to represent a child in a termination proceeding shall continue the representation in any subsequent appeals unless excused by the court.
(i)
Unless authorized by the court, neither a child or a representative of a child may waive the right to any attorney in a termination proceeding.
(j)
A party other than a child shall be informed of his or her right to an attorney prior to the adjudication hearing and prior to any other hearing at which a party could be subjected to the loss of residual parental rights. A party other than a child shall be given an opportunity to:
(1)
Obtain and employ an attorney of the party's own choice;
(2)
To obtain a court appointed attorney if the court determines that the party is an indigent person; or
(3)
Waive the right to an attorney.
Amended by 2014 Ga. Laws 635,§ 1-16, eff. 4/28/2014.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 1 - GENERAL PROVISIONS (§§ 15-11-260 — 15-11-265) › Section 15-11-263 - Physical and mental examinations

(a)
Upon motion of any party or the court, the court may require a physical or mental evaluation of a child adjudicated as a dependent child or his or her parent, stepparent, guardian, or legal custodian.
(b)
The cost of any ordered evaluation shall be paid by the moving party unless apportioned by the court, in its discretion, to any other party or parties.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 1 - GENERAL PROVISIONS (§§ 15-11-260 — 15-11-265) › Section 15-11-265 - Suspension of right of voluntary surrender of parental rights

Once a petition to terminate parental rights has been filed, the parent of a child adjudicated as a dependent child shall thereafter be without authority to affect the custody of his or her child except such parent may:
(1)
Consent to a judgment terminating his or her parental rights; and
(2)
Execute an act of surrender in favor of:
(A)
A third party if all of the parties to the petition to terminate parental rights agree; or
(B)
The department.
Amended by 2014 Ga. Laws 635,§ 1-17, eff. 4/28/2014.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 2 - VENUE (§ 15-11-270) › Section 15-11-270 - Venue

(a)
A proceeding under this article shall be commenced:
(1)
In the county that has jurisdiction over related dependency proceedings;
(2)
In the county in which a child legally resides;
(3)
In the county in which a child is present when the termination proceeding is commenced if such child is present without his or her parent, guardian, or legal custodian; or
(4)
In the county where the acts underlying the petition to terminate parental rights are alleged to have occurred.
(b)
For the convenience of the parties, the court may transfer proceedings to the county in which the parent of a child adjudicated as a dependent child legally resides. If a proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany the transfer.
Amended by 2014 Ga. Laws 635,§ 1-18, eff. 4/28/2014.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 3 - PETITION; SUMMONS; SERVICE; NOTICE (§§ 15-11-280 — 15-11-285) › Section 15-11-281 - Issuance of summons

(a)
The court shall direct the issuance of a summons to the mother, legal father or biological father, guardian, legal custodian, attorney, and guardian ad litem, if any, of the child named in the petition to terminate parental rights and any other persons who appear to the court to be proper or necessary parties to the proceeding, requiring them to appear before the court at the time fixed to answer the allegations of the petition. A copy of such petition shall accompany the summons unless the summons is served by publication, in which case the published summons shall indicate the general nature of the allegations and where a copy of such petition can be obtained.
(b)
The court shall direct notice and a copy of the petition be provided to the child named in the petition if the child is 14 years of age or older.
(c)
The summons shall include the notice of effect of a termination judgment as set forth in Code Section
15-11-284
and shall state that a party is entitled to an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person.
(d)
The court may endorse upon the summons an order directing the parent, guardian, or legal custodian of the child named in the petition to appear personally at the hearing or directing the person having the physical custody or control of such child to bring such child to the hearing.
(e)
A party other than the child named in the petition may waive service of summons by written stipulation or by voluntary appearance at the hearing.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 3 - PETITION; SUMMONS; SERVICE; NOTICE (§§ 15-11-280 — 15-11-285) › Section 15-11-284 - Notice of effect of termination judgment

The notice required to be given to the mother, the biological father, and legal father of the child shall state:
"NOTICE OF EFFECT OF TERMINATION JUDGMENT
Georgia law provides that you can permanently lose your rights as a parent. A petition to terminate parental rights has been filed requesting the court to terminate your parental rights to your child. A copy of the petition to terminate parental rights is attached to this notice. A court hearing of your case has been scheduled for the __________________ day of __________________, __________________, at
(time of day)
, at the __________________ Court of __________________ County.
If you fail to appear, the court can terminate your rights in your absence.
If the court at the trial finds that the facts set out in the petition to terminate parental rights are true and that termination of your rights will serve the best interests of your child, the court can enter a judgment ending your rights to your child.
If the judgment terminates your parental rights, you will no longer have any rights to your child. This means that you will not have the right to visit, contact, or have custody of your child or make any decisions affecting your child or your child's earnings or property. Your child will be legally freed to be adopted by someone else.
Even if your parental rights are terminated:
(1)
You will still be responsible for providing financial support (child support payments) for your child's care unless and until your child is adopted; and
(2)
Your child can still inherit from you unless and until your child is adopted.
This is a very serious matter. You should contact an attorney immediately so that you can be prepared for the court hearing. You have the right to hire an attorney and to have him or her represent you. If you cannot afford to hire an attorney, the court will appoint an attorney if the court finds that you are an indigent person. Whether or not you decide to hire an attorney, you have the right to attend the hearing of your case, to call witnesses on your behalf, and to question those witnesses brought against you.
If you have any questions concerning this notice, you may call the telephone number of the clerk's office which is __________________."
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 3 - PETITION; SUMMONS; SERVICE; NOTICE (§§ 15-11-280 — 15-11-285) › Section 15-11-285 - Sanctions for failure to obey summons

(a)
If any person named in and properly served with a summons shall without reasonable cause fail to appear or, when directed in the summons, to bring the child named in the petition pursuant to this article before the court, then the court may issue a rule nisi against the person, directing the person to appear before the court to show cause why he or she should not be held in contempt of court.
(b)
If a summons cannot be served or if the person to whom the summons is directed fails to obey it, the court may issue an order to take the child named in the petition pursuant to this article into protective custody.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 4 - HEARING (§§ 15-11-300 — 15-11-304) › Section 15-11-300 - Notice of hearings to specified parties; required findings

(a)
In advance of each hearing to terminate parental rights, DFCS shall give written notice of the date, time, place, and purpose of the hearing to the caregiver of the child at issue, the foster parents of such child, if any, any preadoptive parent, or any relative providing care for such child, including the right to be heard. The written notice shall be delivered to the recipient at least 72 hours before the review or hearing by United States mail, e-mail, or hand delivery.
(b)
This Code section shall not be construed to require a caregiver, foster parent, preadoptive parent, or relative caring for the child at issue to be made a party to the hearing solely on the basis of such notice and right to be heard.
(c)
At any termination of parental rights hearing, the court shall make specific findings of fact in writing regarding participation by the caregiver of a child, the foster parent of a child, any preadoptive parent, or any relative providing care for a child. Such findings of fact shall include:
(1)
Whether the caregiver was provided notice of the hearing, including the method, and whether the caregiver expressed an interest in being heard at the hearing; and
(2)
If the caregiver is present, specific information regarding the caregiver's views, including, but not limited to, concerning the child's well-being, health, and safety; any changes the caregiver believes are necessary to advance the child's well-being, health, and safety; and the timeliness, necessity, and quality of services being provided to the child and caregiver; and a summary of documentation presented by the caregiver regarding the child's well-being, health, and safety, including, but not limited to, reports from physicians, counselors, psychologists, and teachers.
Amended by 2020 Ga. Laws 479,§ 3, eff. 1/1/2021.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 4 - HEARING (§§ 15-11-300 — 15-11-304) › Section 15-11-301 - Expedited hearings; orders

(a)
If no just cause has been shown for delay, all hearings contemplated by this article shall be conducted within 90 days of the date a petition to terminate parental rights is filed.
(b)
If no just cause for delay has been shown by written finding of fact by the court, an order of disposition shall be issued by the juvenile court no later than 30 days after the conclusion of the hearing on the petition to terminate parental rights.
(c)
All hearings contemplated by this article shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means capable of accurately capturing a full and complete record of all words spoken during the hearings. If no just cause for delay has been shown, the court reporter shall provide a transcript of the hearings no later than 30 days after a notice of appeal is filed.
(d)
This Code section shall not affect the right to request a rehearing or the right to appeal the juvenile court's order.
(e)
Failure to comply with the time requirements of this Code section shall not be grounds to invalidate an otherwise proper order terminating parental rights unless the court determines that such delay resulted in substantial prejudice to a party.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 4 - HEARING (§§ 15-11-300 — 15-11-304) › Section 15-11-302 - Confidentiality of testimony of parties

The record of the testimony of the parties adduced in any proceeding under this article shall not be admissible in any civil, criminal, or any other cause or proceedings in any court against a person named as respondent for any purpose whatsoever, except in subsequent dependency or termination proceedings involving the same child or dependency or termination proceedings involving the same respondent.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 4 - HEARING (§§ 15-11-300 — 15-11-304) › Section 15-11-303 - Standard of proof

In all proceedings under this article, the standard of proof to be adduced to terminate parental rights shall be by clear and convincing evidence.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 4 - HEARING (§§ 15-11-300 — 15-11-304) › Section 15-11-304 - Applicability of Title 24; privileges

Except as provided in this Code section, hearings to terminate parental rights shall be conducted in accordance with Title 24. Testimony or other evidence relevant to determining whether a statutory ground for termination of parental rights exists may not be excluded on any ground of privilege, except in the case of:
(1)
Communications between a party and his or her attorney; and
(2)
Confessions or communications between a priest, rabbi, or duly ordained minister or similar functionary and his or her confidential communicant.
Added by 2014 Ga. Laws 635,§ 1-22, eff. 4/28/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 5 - GROUNDS FOR TERMINATION (§§ 15-11-310 — 15-11-311) › Section 15-11-310 - Grounds for determining termination of parental rights

(a)
In considering the termination of parental rights, the court shall first determine whether one of the following statutory grounds for termination of parental rights has been met:
(1)
The parent has given written consent to termination which has been acknowledged by the court or has voluntarily surrendered his or her child for adoption;
(2)
The parent has subjected his or her child to aggravated circumstances;
(3)
The parent has wantonly and willfully failed to comply for a period of 12 months or longer with a decree to support his or her child that has been entered by a court of competent jurisdiction of this or any other state;
(4)
A child is abandoned by his or her parent; or
(5)
A child is a dependent child due to lack of proper parental care or control by his or her parent, reasonable efforts to remedy the circumstances have been unsuccessful or were not required, such cause of dependency is likely to continue or will not likely be remedied in the reasonably foreseeable future, and:
(A)
Returning such child to his or her parent is likely to cause serious physical, mental, moral, or emotional harm to such child or threaten the physical safety or well-being of such child; or
(B)
Continuation of the parent and child relationship will cause or is likely to cause serious physical, mental, moral, or emotional harm to such child.
(b)
If any of the statutory grounds for termination has been met, the court shall then consider whether termination is in a child's best interests after considering the following factors:
(1)
Such child's sense of attachments, including his or her sense of security and familiarity, and the continuity of affection for such child;
(2)
Such child's wishes and long-term goals;
(3)
Such child's need for permanence, including his or her need for stability and continuity of relationships with a parent, siblings, and other relatives;
(4)
Any benefit to such child of being integrated into a stable and permanent home and the likely effect of delaying such integration into such stable and permanent home environment;
(5)
The detrimental impact of the lack of a stable and permanent home environment on such child's safety, well-being, or physical, mental, or emotional health;
(6)
Such child's future physical, mental, moral, or emotional well-being; and
(7)
Any other factors, including the factors set forth in Code Section
15-11-26
, considered by the court to be relevant and proper to its determination.
(c)
If the court determines that a parent has subjected his or her child to aggravated circumstances because such parent has committed the murder of the other parent of such child, the court shall presume that termination of parental rights is in the best interests of the child.
Amended by 2018 Ga. Laws 474,§ 3, eff. 7/1/2018.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 6 - DISPOSITION (§§ 15-11-320 — 15-11-324) › Section 15-11-320 - Termination of parental rights; findings; standard of proof

(a)
When the court finds that any ground set out in Code Section
15-11-310
is proved by clear and convincing evidence and that termination of parental rights is in a child's best interests, it shall order the termination of the parent's rights.
(b)
The court's order shall:
(1)
Contain written findings on which the order is based, including the factual basis for a determination that grounds for termination of parental rights exist and that termination is in the best interests of the child, including the findings required by subsection (c) of Code Section
15-11-300
;
(2)
Be conclusive and binding on all parties from the date of entry;
(3)
Grant custody of the child at issue in accordance with Code Section
15-11-321
; and
(4)
Inform the parent whose rights have been terminated of his or her right to use the services of the Georgia Adoption Reunion Registry; however, failure to include such information shall not affect the validity of the judgment.
(c)
If the court does not order the termination of parental rights but the court finds that there is clear and convincing evidence that a child is a dependent child, the court may enter a disposition order in accordance with the provisions of Article 3 of this chapter.
(d)
The court shall transmit a copy of every final order terminating the parental rights of a parent to the State Adoption Unit of the department within 15 days of the filing of such order.
Amended by 2020 Ga. Laws 479,§ 4, eff. 1/1/2021.
Amended by 2018 Ga. Laws 285,§ 1-2, eff. 9/1/2018.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.