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 4 - TERMINATION OF PARENTAL RIGHTS (§§ 15-11-260 — 15-11-324) › Part 6 - DISPOSITION (§§ 15-11-320 — 15-11-324) › Section 15-11-321 - Custody of child following termination proceedings or surrender of parental rights; use of hearsay evidence

(a)
When a court enters an order terminating the parental rights of a parent or accepts a parent's voluntary surrender of parental rights, or a petition for termination of parental rights is withdrawn because a parent has executed an act of surrender in favor of the department, a placement may be made only if the court finds that such placement is in the best interests of the child and in accordance with such child's court approved permanency plan created pursuant to Code Sections
15-11-231
and
15-11-232
. In determining which placement is in a child's best interests, the court shall enter findings of fact reflecting its consideration of the following:
(1)
Such child's need for a placement that offers the greatest degree of legal permanence and security;
(2)
The least disruptive placement for such child;
(3)
Such child's sense of attachment and need for continuity of relationships;
(4)
The value of biological and familial connections; and
(5)
Any other factors the court deems relevant to its determination.
(a.1)
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 and the permanency and custody of a child whose parents have had their parental rights terminated or who have surrendered their parental rights.
(b)
A guardian or legal custodian shall submit to the jurisdiction of the court for purposes of placement.
(c)
A placement effected under the provisions of this Code section shall be conditioned upon the person who is given custody or who is granted an adoption of a child whose parents have had their parental rights terminated or surrendered agreeing to abide by the terms and conditions of the order of the court.
(d)
In addition to its rights as a legal custodian, the department has the authority to consent to the adoption of a child whose parents have had their parental rights terminated or surrendered.
Amended by 2021 Ga. Laws 138,§ 10, eff. 1/1/2022.
Amended by 2019 Ga. Laws 143,§ 4, eff. 7/1/2019.
Amended by 2016 Ga. Laws 337,§ 1-4, eff. 7/1/2016.
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 15-11-322 - Continuing court review when child not adopted; use of hearsay evidence

If a petition seeking the adoption of a child whose parents have had their parental rights terminated or surrendered is not filed within six months after the date of the disposition order, the court shall then, and at least every six months thereafter so long as such child remains unadopted, review the circumstances of such child to determine what efforts have been made to assure that such child will be adopted. The court shall:
(1)
Make written findings regarding whether reasonable efforts have been made to move such child to permanency;
(2)
Evaluate whether, in light of any change in circumstances, the permanency plan for such child remains appropriate; and
(3)
Enter such orders as it deems necessary to further adoption or if appropriate, other permanency options, including, but not limited to, another placement.
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 and the permanency and custody of a child whose parents have had their parental rights terminated or who have surrendered their parental rights.
Amended by 2021 Ga. Laws 138,§ 11, eff. 1/1/2022.
Amended by 2014 Ga. Laws 635,§ 1-23, 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 6 - DISPOSITION (§§ 15-11-320 — 15-11-324) › Section 15-11-324 - Testimony and evidence from foster parents, caregivers, and others

(a)
After the court has granted a termination of parental rights, and during the dispositional phase of such case contemplated in Code Section
15-11-321
and in any post-dispositional review under Code Section
15-11-322
, the court shall in making its disposition consider the testimony of and evidence provided by any foster parent, caregiver, relative, or other individual in whose physical custody the child has resided for at least 12 months during a period ending not more than 90 days preceding the filing of the petition, provided that such individual expresses a desire and willingness to adopt the child.
(b)
Such testimony and evidence may include evidence regarding the level of attachment and bonding between the child and caregiver; the child's health, safety, and well-being; and such other evidence that the court may consider relevant to its disposition of the case. The court may, in its discretion, limit the scope of such evidence as it may deem relevant and material to the dispositional issues at hand.
Added by 2020 Ga. Laws 479,§ 5, eff. 1/1/2021.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4A - EXTENDED CARE YOUTH SERVICES (§§ 15-11-340 — 15-11-342) › Section 15-11-341 - Written report to court; review hearing and findings

(a)
No later than 120 days after a voluntary placement agreement is signed by a child, DFCS shall file with the court a written report which shall contain the following:
(1)
The child's name, date of birth, race, gender, and current address;
(2)
Facts to support a finding that the child meets the eligibility criteria for extended care youth services and an explanation as to why it is in the child's best interests to receive extended care youth services;
(3)
A copy of the signed voluntary placement agreement;
(4)
A plan for such child to transition to independent living or another planned permanent adult living arrangement which is appropriate for the age and independence of the child using a form adopted by DFCS;
(5)
Any information the child wants the court to consider; and
(6)
Any other information DFCS wants the court to consider.
(b)
Within 30 days of the filing of the written report required by this Code section, the court shall hold a review hearing and make written findings of fact for the purpose of determining whether extended care youth services are in the best interests of such child. The court shall issue an order with regard to the child having extended care youth services if it has determined that such services are in the best interests of the child and, as appropriate, approve or reject the plan for transition to independent living or another planned permanent adult living arrangement submitted by DFCS.
Added by 2018 Ga. Laws 472,§ 1-5, eff. 7/1/2020.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 4A - EXTENDED CARE YOUTH SERVICES (§§ 15-11-340 — 15-11-342) › Section 15-11-342 - Determination of dates; periodic review hearings; role of DFCS in hearing and transition planning

(a)
When a child is receiving services under this article, the date such child is considered to have entered foster care shall be 60 days after such child signed the voluntary placement agreement.
(b)
(1)
No later than 12 months after a child is considered to have entered foster care, the court shall hold a hearing and make findings of fact for the purpose of determining whether:
(A)
The services and supports provided by DFCS under the child's voluntary placement agreement are developmentally appropriate;
(B)
DFCS has made reasonable efforts to finalize the child's plan for transition to independent living or another planned permanent adult living arrangement; and
(C)
The child is making progress toward achieving independence.
(2)
The court shall issue an order adopting or rejecting any updated transition plan for such child.
(c)
So long as a child is eligible for and remains in extended care youth services, the court shall conduct periodic review hearings and make written findings of fact in accordance with subsection (b) of this Code section no later than 12 months following the previous hearing. Such periodic review hearings shall continue so long as such child is eligible for and remains in extended care youth services.
(d)
Five days prior to any hearing conducted under this Code section, DFCS shall submit a report for the court's consideration, on a form adopted by DFCS, recommending a plan for transition to independent living or another permanent planned adult living arrangement and include the child's name, address, and telephone number, the date he or she entered extended care youth services, and the placement and services being provided for such child.
(e)
Within the 90 day period prior to a child no longer receiving extended care youth services from DFCS, a DFCS case manager and staff, and other representatives of such child and, as appropriate, such child shall develop a final transition plan that is personalized at the direction of such child, including an option to execute a durable power of attorney for health care, health care proxy, or other similar document recognized by law with respect to health care and specific options on housing, health insurance, education, local opportunities for mentors and continuing support services, and workforce supports and employment services, and is as detailed as such child may elect.
Added by 2018 Ga. Laws 472,§ 1-5, eff. 7/1/2020.
2023 CODE OF GEORGIA › Title 15 - COURTS (§§ 15-1-1 — 15-25-3) › Chapter 11 - JUVENILE COURTS (§§ 15-11-1 — 15-11-747) › Article 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 1 - GENERAL PROVISIONS (§§ 15-11-380 — 15-11-381) › Section 15-11-380 - Purpose of article

The purpose of this article is:
(1)
To acknowledge that certain behaviors or conditions occurring within a family or school environment indicate that a child is experiencing serious difficulties and is in need of services and corrective action in order to protect such child from the irreversibility of certain choices and to protect the integrity of such child's family;
(2)
To make family members aware of their contributions to their family's problems and to encourage family members to accept the responsibility to participate in any program of care ordered by the court;
(3)
To provide a child with a program of treatment, care, guidance, counseling, structure, supervision, and rehabilitation that he or she needs to assist him or her in becoming a responsible and productive member of society; and
(4)
To ensure the cooperation and coordination of all agencies having responsibility to supply services to any member of a family referred to the court.
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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 1 - GENERAL PROVISIONS (§§ 15-11-380 — 15-11-381) › Section 15-11-381 - Definitions

As used in this article, the term:
(1)
"Comprehensive services plan" means an interagency treatment, habilitation, support, or supervision plan developed collaboratively by state or local agency representatives, parties, and other interested persons following a court's finding that a child is incompetent to proceed.
(2)
"Habilitation" means the process by which a child is helped to acquire and maintain those life skills which will enable him or her to cope more effectively with the demands of his or her own person and of his or her environment and to raise the level of his or her physical, mental, social, and vocational abilities.
(3)
"Plan manager" means a person who is under the supervision of the court and is appointed by the court to convene a meeting of all relevant parties for the purpose of developing a comprehensive services plan.
(4)
"Runaway" means a child who without just cause and without the consent of his or her parent, guardian, or legal custodian is absent from his or her home or place of abode for at least 24 hours.
(5)
"Status offense" means an act prohibited by law which would not be an offense if committed by an adult.
(6)
"Truant" means having ten or more days of unexcused absences from school in the current academic year.
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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 2 - COMPLAINT (§ 15-11-390) › Section 15-11-390 - Filing of complaint

(a)
A complaint alleging a child is a child in need of services may be made by any person, including a law enforcement officer, who has knowledge of the facts alleged or is informed and believes that such facts are true. A prosecuting attorney may file a complaint alleging a child is in need of services or intervene in such matter to represent the interest of the state as parens patriae.
(b)
The complaint shall set forth plainly and with particularity:
(1)
The name, date of birth, and residence address of the child alleged to be a child in need of services;
(2)
The facts alleging why the court has jurisdiction of the complaint;
(3)
The reasons why the complaint is in the best interests of the child and the public;
(4)
The names and residence addresses of the parent, guardian, or legal custodian, any other family members, or any other individuals living within such child's home;
(5)
The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by such child; and
(6)
Whether any of the matters required by this subsection are unknown.
(c)
When a school official is filing a complaint alleging a child is a child in need of services, information shall be included which shows that:
(1)
The legally liable school district has sought to resolve the expressed problem through available educational approaches; and
(2)
The school district has sought to engage the parent, guardian, or legal custodian of such child in solving the problem but such person has been unwilling or unable to do so, that the problem remains, and that court intervention is needed.
(d)
When a school official is filing a complaint alleging a child is a child in need of services involving a child who is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, information shall be included which demonstrates that the legally liable school district:
(1)
Has determined that such child is eligible or suspected to be eligible under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973; and
(2)
Has reviewed for appropriateness such child's current Individualized Education Program (IEP) and placement and has made modifications where appropriate.
(e)
The juvenile court intake officer shall be responsible for receiving complaints alleging that a child is a child in need of services.
Amended by 2015 Ga. Laws 75,§ 2-1, eff. 5/5/2015.
Amended by 2014 Ga. Laws 635,§ 1-24, 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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 3 - PROCEEDINGS (§§ 15-11-400 — 15-11-405) › Section 15-11-400 - Child in need of services; time limitations for continued custody or temporary custody hearings

(a)
The continued custody hearing for a child alleged to be a child in need of services shall be held promptly and no later than:
(1)
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
(2)
Seventy-two hours, excluding weekends and holidays, after such child is placed in foster care.
(b)
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:
(1)
The petition for a child in need of services shall be filed:
(A)
Within 30 days of the filing of the complaint with the juvenile court; or
(B)
Within 30 days of such child's release from temporary custody;
(2)
Summons shall be served at least 72 hours before the adjudication hearing;
(3)
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
(4)
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.
(c)
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:
(1)
The petition for a child in need of services shall be filed within five days of the continued custody hearing;
(2)
Summons shall be served at least 72 hours before an adjudication hearing;
(3)
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
(4)
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.
Amended by 2014 Ga. Laws 635,§ 1-25, 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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 3 - PROCEEDINGS (§§ 15-11-400 — 15-11-405) › Section 15-11-401 - Child in need of services; venue

(a)
A proceeding under this article may be commenced in the county in which the act complained of took place or in the county in which the child alleged to be a child in need of services legally resides.
(b)
If a proceeding is commenced in the county in which the act complained of took place, the court shall transfer the case to the county in which the child alleged to be a child in need of services legally resides for further proceedings.
(c)
When a proceeding is transferred, certified copies of all legal and social documents and records on file with the clerk of court pertaining to the proceeding shall accompany such transfer.
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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 3 - PROCEEDINGS (§§ 15-11-400 — 15-11-405) › Section 15-11-402 - Right to attorney and appointment of guardian ad litem

(a)
The court shall appoint an attorney for a child alleged to be a child in need of services.
(b)
The court may appoint a guardian ad litem for a child alleged to be a child in need of services at the request of such child's attorney or upon the court's own motion if it determines that a guardian ad litem is necessary to assist the court in determining the best interests of such child; 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.
(c)
The role of a guardian ad litem in a proceeding for a child in need of services shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter.
(d)
If an attorney or a guardian ad litem has previously been appointed for a child in a dependency or delinquency proceeding, the court, when possible, shall appoint the same attorney or guardian ad litem for a child alleged to be a child in need of services.
(e)
An attorney appointed to represent a child in a proceeding for a child in need of services shall continue representation in any subsequent appeals unless excused by the court.
(f)
A child alleged to be a child in need of services shall be informed of his or her right to an attorney at or prior to the first court proceeding for a child in need of services. A child alleged to be a child in need of services shall be given an opportunity to:
(1)
Obtain and employ an attorney of his or her own choice; or
(2)
To obtain a court appointed attorney if the court determines that such child is an indigent person.
Amended by 2014 Ga. Laws 635,§ 1-26, 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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 3 - PROCEEDINGS (§§ 15-11-400 — 15-11-405) › Section 15-11-403 - Continuance of a hearing in child in need of services proceedings

A continuance shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the moving party at the hearing on such motion. Whenever any continuance is granted, the facts which require the continuance shall be entered into the court record.
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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 3 - PROCEEDINGS (§§ 15-11-400 — 15-11-405) › Section 15-11-404 - Case plan for a child alleged or found to be a child in need of services

If a child is alleged or adjudicated to be a child in need of services and is placed in foster care, the child shall be required to have a case plan. In addition to the case plan requirements of Code Section
15-11-201
, a case plan shall include:
(1)
A description of such child's strengths and needs;
(2)
A description of such child's specific parental strengths and needs;
(3)
A description of other personal, family, or environmental problems that may contribute to such child's behaviors;
(4)
A description of the safety, physical, and mental health needs of such child;
(5)
Identification of the least restrictive placement to safeguard such child's best interests and protect the community;
(6)
An assessment of the availability of community resources to address such child's and his or her family's needs;
(7)
An assessment of the availability of court diversion services; and
(8)
An assessment of the availability of other preventive measures.
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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 3 - PROCEEDINGS (§§ 15-11-400 — 15-11-405) › Section 15-11-405 - Termination of proceedings relating to a runaway child

Any proceeding or other processes or actions alleging for the first time that a child is a runaway shall be terminated or dismissed upon the request of such child's parent, guardian, or legal custodian or a prosecuting attorney.
Amended by 2015 Ga. Laws 75,§ 2-2, 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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 4 - TEMPORARY CUSTODY; CONTINUED CUSTODY HEARING (§§ 15-11-410 — 15-11-415) › Section 15-11-410 - Taking a child into temporary custody

(a)
A child may be taken into temporary custody under this article:
(1)
Pursuant to a court order; or
(2)
By a law enforcement officer when there are reasonable grounds to believe that a child has run away from his or her parent, guardian, or legal custodian or the circumstances are such as to endanger a child's health or welfare unless immediate action is taken.
(b)
Before entering an order authorizing temporary custody, the court shall consider the results of a detention assessment and determine whether continuation in the home is contrary to a child's welfare and whether there are available services that would prevent the need for custody. The court shall make such determination on a case-by-case basis and shall make written findings of fact referencing any and all evidence relied upon in reaching its decision.
(c)
A person taking a child into temporary custody shall deliver such child, with all reasonable speed and without first taking such child elsewhere, to a medical facility if he or she is believed to suffer from a serious physical condition or illness which requires prompt treatment and, upon delivery, shall promptly contact a juvenile court intake officer.
(d)
As soon as a juvenile court intake officer is notified that a child has been taken into temporary custody, such juvenile court intake officer shall administer a detention assessment and determine if such child should be released, remain in temporary custody, or be brought before the court.
Amended by 2014 Ga. Laws 635,§ 1-27, 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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 4 - TEMPORARY CUSTODY; CONTINUED CUSTODY HEARING (§§ 15-11-410 — 15-11-415) › Section 15-11-411 - Temporary custody; time limitations

(a)
A person taking a child into temporary custody pursuant to Code Section
15-11-410
shall not exercise custody over such child except for a period of 12 hours.
(b)
Immediately after a child is taken into custody, every effort shall be made to contact such child's parents, guardian, or legal custodian.
(c)
If a parent, guardian, or legal custodian has not assumed custody of his or her child at the end of the 12 hour period described in subsection (a) of this Code section, the court shall be notified and shall place such child in the least restrictive placement consistent with such child's needs for protection or control. In making its determination of placement, the court should consider the following placement options:
(1)
In the custody of such child's parents, guardian, or legal custodian upon such person's promise to bring such child before the court when requested by the court;
(2)
Before placing the child in the custody of DFCS, whether the child may be placed with a relative or fictive kin upon such person's promise to bring such child before the court when requested by the court;
(3)
In the custody of DFCS which shall promptly arrange for foster care of such child;
(4)
In a secure residential facility or nonsecure residential facility in accordance with Code Section
15-11-412
; or
(5)
In any other court-approved placement that is not a secure residential facility or nonsecure residential facility.
Amended by 2019 Ga. Laws 28,§ 7, eff. 4/18/2019.
Amended by 2014 Ga. Laws 635,§ 1-28, 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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 4 - TEMPORARY CUSTODY; CONTINUED CUSTODY HEARING (§§ 15-11-410 — 15-11-415) › Section 15-11-412 - Temporary detention; place of custody

(a)
A child alleged to be a child in need of services may be held in a secure residential facility or nonsecure residential facility until a continued custody hearing is held, provided that a detention assessment has been administered and such child is not held in a secure residential facility or nonsecure residential facility for more than 24 hours and any of the following apply:
(1)
It is alleged that such child is a runaway;
(2)
It is alleged that such child is habitually disobedient of the reasonable and lawful commands of his or her parent, guardian, or legal custodian and is ungovernable; or
(3)
Such child has previously failed to appear at a scheduled hearing.
(b)
A child alleged to be a child in need of services placed in a secure residential facility or nonsecure residential facility pursuant to subsection (a) of this Code section may be appointed an attorney prior to the continued custody hearing.
(c)
In no case shall a child alleged to be or adjudicated as a child in need of services in custody be detained in a jail, adult lock-up, or other adult detention facility.
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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 4 - TEMPORARY CUSTODY; CONTINUED CUSTODY HEARING (§§ 15-11-410 — 15-11-415) › Section 15-11-413 - Continued custody hearing

(a)
If a child alleged to be a child in need of services is being held in a secure residential facility or nonsecure residential facility, a continued custody hearing shall be held within 24 hours, excluding weekends and holidays. If such hearing is not held within the time specified, such child shall be released from temporary detention in accordance with subsection (c) of Code Section
15-11-411
and with authorization of the detaining authority.
(b)
If a child alleged to be a child in need of services is not being held in a secure residential facility or nonsecure residential facility and has not been released to the custody of such child's parent, guardian, or legal custodian, a hearing shall be held within 72 hours, excluding weekends and holidays, after such child is placed in foster care.
Amended by 2014 Ga. Laws 635,§ 1-29, 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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 4 - TEMPORARY CUSTODY; CONTINUED CUSTODY HEARING (§§ 15-11-410 — 15-11-415) › Section 15-11-415 - Detention decision; findings

(a)
Restraints on the freedom of a child prior to adjudication shall be imposed only when there is probable cause to believe that a child committed the act of which he or she is accused, there is clear and convincing evidence that such child's freedom should be restrained, that no less restrictive alternatives will suffice, and:
(1)
Such child's detention or care is required to reduce the likelihood that he or she may inflict serious bodily harm on others during the interim period; or
(2)
Such child's detention is necessary to secure his or her presence in court to protect the jurisdiction and processes of the court.
(b)
A child alleged to be a child in need of services shall not be detained:
(1)
To punish, treat, or rehabilitate such child;
(2)
To allow his or her parent, guardian, or legal custodian to avoid his or her legal responsibilities;
(3)
To satisfy demands by a victim, law enforcement, or the community;
(4)
To permit more convenient administrative access to him or her;
(5)
To facilitate further interrogation or investigation; or
(6)
Due to a lack of a more appropriate facility.
(c)
Whenever a child alleged to be a child in need of services cannot be unconditionally released, conditional or supervised release that results in the least necessary interference with the liberty of such child shall be favored over more intrusive alternatives.
(d)
Whenever the curtailment of the freedom of a child alleged to be a child in need of services is permitted, the exercise of authority shall reflect the following values:
(1)
Respect for the privacy, dignity, and individuality of such child and his or her family;
(2)
Protection of the psychological and physical health of such child;
(3)
Tolerance of the diverse values and preferences among different groups and individuals;
(4)
Assurance of equality of treatment by race, class, ethnicity, and sex;
(5)
Avoidance of regimentation and depersonalization of such child;
(6)
Avoidance of stigmatization of such child; and
(7)
Assurance that such child has been informed of his or her right to consult with an attorney and that, if the child is an indigent person, an attorney will be provided.
(e)
If a child alleged to be a child in need of services can remain in the custody of his or her parent, guardian, or legal custodian through the provision of services to prevent the need for removal, the court shall order that such services shall be provided.
Amended by 2014 Ga. Laws 635,§ 1-31, 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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 5 - PETITION; SUMMONS; SERVICE (§§ 15-11-420 — 15-11-425) › Section 15-11-420 - Authority to file petition

A petition alleging that a child is a child in need of services may be filed by a parent, a guardian, a legal custodian, a law enforcement officer, a guardian ad litem, an attorney who has knowledge of the facts alleged or is informed and believes that such facts are true, or a prosecuting attorney. Except when such petition has been filed by a prosecuting attorney, it shall not be accepted for filing unless the court or a person authorized by the court has determined and endorsed on the petition that the filing of the petition is in the best interests of the public and such child. When such petition is filed by a prosecuting attorney, the prosecuting attorney shall be authorized to conduct the proceedings on behalf of the state as parens patriae.
Amended by 2015 Ga. Laws 75,§ 2-3, eff. 5/5/2015.
Amended by 2014 Ga. Laws 635,§ 1-32, 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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 5 - PETITION; SUMMONS; SERVICE (§§ 15-11-420 — 15-11-425) › Section 15-11-421 - Time limitations for filing petition

(a)
If a child alleged to be a child in need of services is not released from temporary custody at a continued custody hearing, a petition seeking an adjudication that such child is a child is in need of services shall be filed within five days of such continued custody hearing.
(b)
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 a continued custody hearing, a petition seeking an adjudication that such child is a child in need of services shall be filed:
(1)
Within 30 days of the filing of the complaint with the juvenile court intake officer; or
(2)
Within 30 days of such child's release from temporary custody.
(c)
Upon a showing of good cause and notice to all parties, the court may grant a requested extension of time for filing a petition seeking an adjudication that a child is a child in need of services in accordance with the best interests of the child. The court shall issue a written order reciting the facts justifying the extension.
(d)
If no petition seeking an adjudication that a child is a child in need of services is filed within the required time frame, the complaint may be dismissed without prejudice.
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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 5 - PETITION; SUMMONS; SERVICE (§§ 15-11-420 — 15-11-425) › Section 15-11-422 - Content of petitions

(a)
A petition seeking an adjudication that a child is a child in need of services shall be verified and may be on information and belief. It shall set forth plainly and with particularity:
(1)
The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of the child and the public that the proceeding be brought;
(2)
The name, date of birth, and residence address of the child alleged to be a child in need of services;
(3)
The name and residence address of the parent, guardian, or legal custodian of the child named in the petition; or, if such child's parent, guardian, or legal custodian does not reside or cannot be found within the state or if such place of residence address is unknown, the name of any known adult relative of such child residing within the county or, if there is none, the known adult relative of such child residing nearest to the location of the court;
(4)
The name and age of any other family member of such child living within such child's home;
(5)
Whether all available and appropriate attempts to encourage voluntary use of community services by such child's family have been exhausted; and
(6)
Whether any of the information required by this subsection is unknown.
(b)
If a petition seeking an adjudication that a child is a child in need of services is based on a complaint filed by a school official, such petition shall be dismissed unless it includes information which shows that:
(1)
The legally liable school district has sought to resolve the expressed problem through available educational approaches; and
(2)
The school district has sought to engage such child's parent, guardian, or legal custodian in solving the problem but any such individual has been unwilling or unable to do so; that the problem remains; and that court intervention is needed.
(c)
If a petition seeking an adjudication that a child is a child in need of services is based on a complaint filed by a school official involving a child who is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, such petition shall be dismissed unless it includes information which demonstrates that the legally liable school district:
(1)
Has determined that such child is eligible or suspected to be eligible under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973; and
(2)
Has reviewed for appropriateness such child's current Individualized Education Program (IEP) and placement and has made modifications where appropriate.
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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 5 - PETITION; SUMMONS; SERVICE (§§ 15-11-420 — 15-11-425) › Section 15-11-423 - Issuance of summons

(a)
The court shall direct the issuance of a summons to the child alleged to be a child in need of services, his or her parent, guardian, or legal custodian, DFCS and any other public agencies or institutions providing services, and any other persons who appear to the court to be proper or necessary parties to such child in need of services proceeding requiring them to appear before the court at the time fixed to answer the allegations of the petition seeking an adjudication that a child is in need of services. A copy of such petition shall accompany the summons.
(b)
The summons 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.
(c)
A party other than a child 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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 5 - PETITION; SUMMONS; SERVICE (§§ 15-11-420 — 15-11-425) › Section 15-11-424 - Service of summons

(a)
If a party to be served with a summons pursuant to Code Section
15-11-423
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 72 hours before the adjudication 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 five days before an adjudication 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 five days before an adjudication 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)
Service of the summons may be made by any suitable person under the direction of the court.
(e)
The court may authorize payment from county funds of the costs of service and of necessary travel expenses incurred by persons summoned or otherwise required to appear at the hearing on the petition seeking an adjudication that a child is in need of services.
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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 5 - PETITION; SUMMONS; SERVICE (§§ 15-11-420 — 15-11-425) › Section 15-11-425 - Sanctions for failure to obey summons

(a)
In the event a parent, guardian, or legal custodian of a child alleged to be a child in need of services willfully fails to appear personally at a hearing on the petition seeking an adjudication that a child is a child in need of services after being ordered to so appear or such parent, guardian, or legal custodian willfully fails to bring such child to such hearing after being so directed, 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 parent, guardian, or legal custodian of the child alleged to be a child in need of services fails to appear in response to an order to show cause, the court may issue a bench warrant directing that such parent, guardian, or legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by the provisions of Code Section
15-11-31
.
(c)
In the event an agency representative willfully fails to appear at a hearing on the petition seeking an adjudication that a child is a child in need of services after being ordered to so appear, the court may direct the appropriate agency representative to appear before the court to show cause why a contempt order should not be issued.
(d)
If a child 16 years of age or older fails to appear at a hearing on a petition seeking an adjudication that such child is a child in need of services after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court without delay and the court may enter any order authorized by the provisions of Code Section
15-11-31
.
(e)
If there is sworn testimony that a child 14 years of age but not yet 16 years of age willfully refuses to appear at a hearing on a petition seeking an adjudication that such child is a child in need of services after being ordered to so appear, the court may issue a bench warrant requiring that such child be brought before the court and the court may enter any order authorized by the provisions of Code Section
15-11-31
.
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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 6 - DISPOSITION (§§ 15-11-440 — 15-11-445) › Section 15-11-440 - Standard of proof

The petitioner, or prosecuting attorney when representing the state, has the burden of proving the allegations of a child in need of services petition by clear and convincing evidence.
Amended by 2015 Ga. Laws 75,§ 2-4, 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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 6 - DISPOSITION (§§ 15-11-440 — 15-11-445) › Section 15-11-441 - Adjudication hearing

(a)
If a child alleged to be a child in need of services is in continued custody, the adjudication hearing shall be scheduled to be held no later than ten days after the filing of the petition seeking an adjudication that such child is a child in need of services. If such child is not in continued custody, the adjudication hearing shall be scheduled to be held no later than 60 days after the filing of such petition.
(b)
An adjudication hearing for a child alleged to be a child in need of services shall be conducted in accordance with Title 24.
(c)
At the conclusion of the adjudication hearing, the court shall determine whether such child is a child in need of services.
Amended by 2015 Ga. Laws 75,§ 1-10, eff. 5/5/2015.
Amended by 2014 Ga. Laws 635,§ 1-33, 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 5 - CHILDREN IN NEED OF SERVICES (§§ 15-11-380 — 15-11-451) › Part 6 - DISPOSITION (§§ 15-11-440 — 15-11-445) › Section 15-11-443 - Duration of disposition orders

(a)
An order of disposition shall be in effect for the shortest time necessary to accomplish the purposes of the order and for not more than two years. A written disposition order shall state the length of time the order is to be in effect. An order of extension may be made if:
(1)
A hearing is held prior to the expiration of the order upon motion of DFCS, DJJ, the petitioner, the prosecuting attorney, or on the court's own motion;
(2)
Reasonable notice of the factual basis of the motion and of the hearing and opportunity to be heard are given to the parties affected;
(3)
The court finds that the extension is necessary to accomplish the purposes of the order extended; and
(4)
The extension does not exceed two years from the expiration of the prior order.
(b)
The court may terminate an order of disposition or an extension of such a disposition order prior to its expiration, on its own motion or an application of a party, if it appears to the court that the purposes of the order have been accomplished.
(c)
When a child adjudicated as a child in need of services reaches 18 years of age, all orders affecting him or her then in force shall terminate and he or she shall be discharged from further obligation or control.
Amended by 2015 Ga. Laws 75,§ 2-5, eff. 5/5/2015.
Amended by 2014 Ga. Laws 635,§ 1-35, eff. 4/28/2014.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.