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 1 - GENERAL PROVISIONS (§§ 15-11-100 — 15-11-113) › Section 15-11-107 - Treatment by spiritual means; life-threatening condition or disability exception

(a)
A parent, guardian, or legal custodian's reliance on prayer or other religious nonmedical means for healing in lieu of medical care, in the exercise of religious beliefs, shall not be the sole basis for considering his or her child to be a dependent child; provided, however, that the religious rights of a parent, guardian, or legal custodian shall not limit the access of a child to medical care in a life-threatening situation or when the condition will result in serious disability.
(b)
In order to make a determination as to whether a child is in a life-threatening situation or that a child's condition will result in serious disability, the court may order a medical evaluation of a child.
(c)
If the court determines, on the basis of any relevant evidence before the court, including the court ordered medical evaluation and the affidavit of the attending physician, that a child is in a life-threatening situation or that a child's condition will result in serious disability, the court may order that medical treatment be provided for such child.
(d)
A child whose parent, guardian, or legal custodian inhibits or interferes with the provision of medical treatment in accordance with a court order shall be considered to be a dependent child and the court may find the parent, guardian, or legal custodian in contempt and enter any order authorized by and in accordance with 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 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 1 - GENERAL PROVISIONS (§§ 15-11-100 — 15-11-113) › Section 15-11-108 - Notice of postadjudication hearings to parties

(a)
The court shall give to all parties written notice of the date, time, place, and purpose of the following postadjudication hearings or reviews:
(1)
Nonreunification hearings;
(2)
Disposition hearings;
(3)
Periodic review hearings;
(4)
Periodic reviews by judicial citizen review panel;
(5)
Permanency plan hearings;
(6)
Termination of parental rights hearings; and
(7)
Posttermination of parental rights review hearings.
(b)
Issuance and service of summons, when appropriate, shall comply with the requirements of Code Sections
15-11-160
and
15-11-161
.
(c)
Unless otherwise provided in this chapter, written notice shall be delivered to the recipient at least 72 hours before the hearing or review by United States mail, e-mail, or hand delivery.
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 1 - GENERAL PROVISIONS (§§ 15-11-100 — 15-11-113) › Section 15-11-110 - Continuance of a hearing in dependency proceedings

(a)
Upon request of an attorney for a party, the court may continue any hearing under this article beyond the time limit within which the hearing is otherwise required to be held; provided, however, that no continuance shall be granted that is contrary to the interests of the child. In considering a child's interests, the court shall give substantial weight to a child's need for prompt resolution of his or her custody status, the need to provide a child with a stable environment, and the damage to a child of prolonged temporary placements.
(b)
Continuances shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the evidence presented at the hearing on the motion. Whenever any continuance is granted, the facts proved which require the continuance shall be entered in the court record.
(c)
A stipulation between attorneys or the convenience of the parties shall not constitute good cause. Hearings with dependency case time limitations required by Code Section
15-11-102
and termination of parental rights hearings shall take priority in attorney conflict resolution over all other civil and criminal hearings and nonjury appearances in any other class of trial court. The need for discovery shall not constitute good cause unless the court finds that a person or entity has failed to comply with an order for discovery.
(d)
In any case in which a child or his or her parent, guardian, or legal custodian is represented by an attorney and no objection is made to an order continuing any such hearing beyond the time limit, the absence of such an objection shall be deemed a consent to the continuance; provided, however, that even with consent, the court shall decide whether to grant the continuance in accordance with subsection (a) of this Code section.
Amended by 2020 Ga. Laws 466,§ 2, eff. 7/1/2020.
Amended by 2014 Ga. Laws 635,§ 1-8, 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 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 1 - GENERAL PROVISIONS (§§ 15-11-100 — 15-11-113) › Section 15-11-111 - Court orders

(a)
At any hearing held with respect to a child, the court in its discretion, and based upon the evidence, may enter an order:
(1)
Accepting or rejecting any DFCS report;
(2)
Ordering an additional evaluation; or
(3)
Undertaking such other review as it deems necessary and appropriate to determine the disposition that is in the child's best interests.
(b)
The court's order:
(1)
May incorporate all or part of the DFCS report; and
(2)
Shall include findings of fact which reflect the court's consideration of the oral and written testimony offered by all parties, as well as nonparties, who are required to be provided with notice and a right to be heard in any hearing to be held with respect to a child, and DFCS.
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 1 - GENERAL PROVISIONS (§§ 15-11-100 — 15-11-113) › Section 15-11-112 - Court ordered visitation

(a)
When a child is removed from his or her home, the court shall order reasonable visitation that is consistent with the age and developmental needs of a child if the court finds that it is in a child's best interests. The court's order shall specify the frequency, duration, and terms of visitation including whether or not visitation shall be supervised or unsupervised.
(b)
There shall be a presumption that visitation shall be unsupervised unless the court finds that unsupervised visitation is not in a child's best interests.
(c)
Within 30 days of the court finding that there is a lack of substantial progress towards completion of a case plan, the court shall review the terms of visitation and determine whether the terms continue to be appropriate for a child or whether the terms need to be modified.
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 1 - GENERAL PROVISIONS (§§ 15-11-100 — 15-11-113) › Section 15-11-113 - Date child is considered to have entered foster care

When a child is alleged to be a dependent child, the date such child is considered to have entered foster care shall be the date of the first judicial finding that such child has been subjected to child abuse or neglect or the date that is 60 days after the date on which such child is removed from his or her home, whichever is earlier.
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 2 - VENUE (§ 15-11-125) › Section 15-11-125 - Venue

(a)
A proceeding under this article may be commenced:
(1)
In the county in which a child legally resides; or
(2)
In the county in which a child is present when the proceeding is commenced if such child is present without his or her parent, guardian, or legal custodian or the acts underlying the dependency allegation are alleged to have occurred in that county.
(b)
For the convenience of the parties, the court may transfer the proceeding to the county in which a child legally resides. If the 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.
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 3 - PROTECTIVE CUSTODY (§§ 15-11-130 — 15-11-135) › Section 15-11-130 - Emergency care and supervision of child without court order; immunity

(a)
Notwithstanding Code Sections
15-11-133
and
15-11-135
, DFCS shall be authorized to provide emergency care and supervision to any child without seeking a court order for a period not to exceed seven days when:
(1)
(A)
As a result of an emergency or illness, the person who has physical and legal custody of a child is unable to provide for the care and supervision of such child, and such person or a law enforcement officer, emergency personnel employed by a licensed ambulance provider, fire rescue personnel, or a hospital administrator or his or her designee requests that DFCS exercise such emergency custody; and
(B)
A child is not at imminent risk of abuse or neglect, other than the risks arising from being without a caretaker; or
(2)
The child is a victim of trafficking for labor or sexual servitude under Code Section
16-5-46
.
(b)
During the period when a child is in the temporary care and supervision of DFCS, DFCS shall endeavor to place such child with a relative of such child's parent, guardian, or legal custodian, in foster care, or in emergency foster care or shall make other appropriate placement arrangements. DFCS shall have the same rights and powers with regard to such child as does his or her parent, guardian, or legal custodian including the right to consent to medical treatment.
(c)
Immediately upon receiving custody of a child, DFCS shall begin a diligent search for a relative or other designee of a child's parent who can provide for the care and supervision of such child.
(d)
At any time during such seven-day period, and upon notification to DFCS that a child's parent, guardian, or legal custodian or an expressly authorized relative, or designee thereof, is able to provide care to and exercise control over a child, DFCS shall release such child to the person having custody of such child at the time such child was taken into DFCS custody or to such person's authorized relative or designee.
(e)
Upon the expiration of such seven-day period, if a child has not been released or if DFCS determines that there is an issue of neglect, abandonment, or abuse, DFCS shall promptly contact a juvenile court intake officer or bring such child before the juvenile court. If, upon making an investigation, the juvenile court intake officer finds that foster care is warranted for such child, then, for purposes of this chapter, such child shall be deemed to have been placed in foster care at the time such finding was made and DFCS may file a dependency petition.
(f)
DFCS and its successors, agents, assigns, and employees shall be immune from any and all liability for providing care and supervision in accordance with this Code section, for consenting to medical treatment for a child, and for releasing a child.
Amended by 2019 Ga. Laws 30,§ 1-2, eff. 7/1/2019.
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 3 - PROTECTIVE CUSTODY (§§ 15-11-130 — 15-11-135) › Section 15-11-130.1 - Referral to victim assistance organizations of child suspected of being a victim of sexual exploitation or trafficking

A law enforcement officer or agency or DFCS shall refer any child suspected of being a victim of sexual exploitation or trafficking under Code Section
16-5-46
to an available victim assistance organization, as certified by the Criminal Justice Coordinating Council pursuant to Code Section
15-21-132
, which provides comprehensive trauma-informed services designed to alleviate the adverse effects of trafficking victimization and to aid in the child's healing, including, but not limited to, assistance with case management, placement, access to educational and legal services, and mental health services.
Added by 2019 Ga. Laws 30,§ 1-3, eff. 7/1/2019.
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 3 - PROTECTIVE CUSTODY (§§ 15-11-130 — 15-11-135) › Section 15-11-132 - Verbal custody order

(a)
The facts supporting the issuance of an order of removal may be relayed orally, including telephonically, to the judge or a designated juvenile court intake officer, and the order directing that a child be taken into custody may be issued orally or electronically.
(b)
When a child is taken into custody under exceptional circumstances, an affidavit or sworn complaint containing the information previously relayed orally, including telephonically, shall be filed with the clerk of the court the next business day, and a written order shall be issued if not previously issued. Only when a child is taken into custody under exceptional circumstances can an affidavit or sworn complaint be filed. The written order shall include the court's findings of fact supporting the necessity for such child's removal from the custody of his or her parent, guardian, or legal custodian in order to safeguard such child's welfare and shall designate a child's legal custodian.
(c)
The affidavit or sworn complaint filed after a child has been placed shall indicate whether the child was released to such child's parent, guardian, or legal custodian or remains removed.
(d)
DFCS shall promptly notify the parent, guardian, or legal custodian of the nature of the allegations forming the basis for taking a child into custody and, if such child is not released, of the time and place of the preliminary protective hearing.
Amended by 2023 Ga. Laws 67,§ 4, eff. 7/1/2023.
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 3 - PROTECTIVE CUSTODY (§§ 15-11-130 — 15-11-135) › Section 15-11-133 - Removal of child from the home; protective custody; consideration of alternatives

(a)
A child may be removed from his or her home, without the consent of his or her parents, guardian, or legal custodian:
(1)
Pursuant to an order of the court under this article; or
(2)
By a law enforcement officer or duly authorized officer of the court if:
(A)
A child is in imminent danger of abuse or neglect if he or she remains in the home; or
(B)
A child is a victim of trafficking for labor or sexual servitude under Code Section
16-5-46
.
(b)
Upon removing a child from his or her home, a law enforcement officer or duly authorized officer of the court shall:
(1)
Immediately deliver such child to a medical facility if such child is believed to suffer from a serious physical condition or illness which requires prompt treatment, and, upon delivery, shall promptly contact DFCS;
(2)
Bring such child immediately before the juvenile court or promptly contact the juvenile court; and
(3)
Promptly give notice to the court and such child's parents, guardian, or legal custodian that such child is in protective custody, together with a statement of the reasons for taking such child into protective custody.
(c)
The removal of a child from his or her home by a law enforcement officer shall not be deemed an arrest.
(d)
A law enforcement officer removing a child from his or her home has all the privileges and immunities of a law enforcement officer making an arrest.
(e)
A law enforcement officer shall promptly contact the juvenile court for issuance of a court order once such officer has taken a child into protective custody and delivered such child to a medical facility.
(f)
The juvenile court shall immediately determine if a child should be released, remain in protective custody, or be brought before the court upon being contacted by a law enforcement officer, duly authorized officer of the court, or DFCS that a child has been taken into protective custody.
(g)
In addition to the requirements of Code Section
15-11-134
, prior to authorizing the removal of a child from his or her home as provided in paragraph (1) of subsection (a) of this Code section or ordering a child to remain in protective custody as provided in subsection (f) of this Code section, the court shall consider whether there are reasonable alternatives to the removal of the child and placement of the child in foster care and may order temporary alternatives to foster care in lieu of removing the child and placing the child in protective custody or continuing the child in protective custody pursuant to Code Section
15-11-133.1
.
Amended by 2019 Ga. Laws 30,§ 1-4, eff. 7/1/2019.
Amended by 2019 Ga. Laws 28,§ 3, eff. 4/18/2019.
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 3 - PROTECTIVE CUSTODY (§§ 15-11-130 — 15-11-135) › Section 15-11-134 - Required findings justifying removal from the home

(a)
Any order authorizing the removal of a child from his or her home shall be based on a finding by the court that continuation in his or her home would be contrary to his or her welfare.
(b)
Any order continuing a child's placement outside of the physical custody of his or her parent, guardian, or legal custodian shall be based on a finding by the court that return of such child to such custody would be contrary to his or her welfare.
(c)
Findings under this Code section shall be made on an individualized case-by-case basis and shall be documented in the court's written order.
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 3 - PROTECTIVE CUSTODY (§§ 15-11-130 — 15-11-135) › Section 15-11-135 - Placement in eligible foster care

(a)
A child taken into custody shall not be placed in foster care prior to the hearing on a petition for dependency unless:
(1)
Foster care is required to protect the child;
(2)
The child has no parent, guardian, or legal custodian or other person able to provide supervision and care and return him or her to the court when required; or
(3)
An order for the child's foster care has been made by the court.
(b)
No child alleged to be or adjudicated as a dependent child shall be detained in any jail, adult lockup, or adult detention facility, nor shall a child be detained in a secure residential facility or nonsecure residential facility unless a child is also alleged to have committed a delinquent act or adjudicated to be a delinquent child and the court determines that the requirements for detention under Article 6 of this chapter are met.
(c)
An alleged dependent child may be placed in foster care only in:
(1)
A licensed or approved foster home or a home approved by the court which may be a public or private home;
(2)
The home of the child's noncustodial parent;
(3)
The home of a relative;
(4)
The home of fictive kin;
(5)
A facility operated by a licensed child welfare agency; or
(6)
A licensed shelter care facility approved by the court.
(d)
The actual physical placement of a child pursuant to this Code section shall require the approval of the judge of the juvenile court or his or her designee.
(e)
In any case in which a child is taken into protective custody of DFCS:
(1)
DFCS shall give preference for placement to an adult who is a relative or fictive kin over a nonrelated caregiver, provided that such relative or fictive kin has met all requirements for a DFCS relative or fictive kin placement and such placement is in the best interests of the child; and
(2)
Such child shall be placed together with his or her siblings who are also in protective custody or DFCS shall include a statement in its report and case plan of continuing efforts to place the siblings together or document why such joint placement would be contrary to the safety or well-being of any of the siblings. If siblings are not placed together, DFCS shall provide for frequent visitation or other ongoing interaction between siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.
Amended by 2018 Ga. Laws 562,§ 15, eff. 5/8/2018.
Amended by 2016 Ga. Laws 337,§ 1-1, eff. 7/1/2016.
Amended by 2014 Ga. Laws 635,§ 1-9, 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 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 5 - DEPENDENCY PETITION (§§ 15-11-150 — 15-11-153) › Section 15-11-150 - Authority to file petition

A DFCS employee, a law enforcement officer, or any person who has actual knowledge of the abuse, neglect, or abandonment of a child or is informed of the abuse, neglect, or abandonment of a child that he or she believes to be truthful may make a petition alleging dependency. Such petition 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.
Amended by 2014 Ga. Laws 635,§ 1-10, 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 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 5 - DEPENDENCY PETITION (§§ 15-11-150 — 15-11-153) › Section 15-11-151 - Time limitations for filing petition

(a)
If a child was removed from his or her home, a petition alleging dependency shall be filed within five days of the preliminary protective hearing.
(b)
If a child was not removed from his or her home or if a child was removed from his or her home but was released from protective custody at the preliminary protective hearing, a petition alleging dependency shall be filed within 30 days of the preliminary protective hearing.
(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 alleging dependency in accordance with the best interests of the child. The court shall issue a written order reciting the facts justifying the extension.
(d)
If a petition alleging dependency is not filed within the required time frame, the complaint shall 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 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 5 - DEPENDENCY PETITION (§§ 15-11-150 — 15-11-153) › Section 15-11-152 - Contents of petition

A petition alleging dependency shall be verified and may rely on information and belief and 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 named in the petition;
(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)
Whether the child named in the petition is in protective custody and, if so, the place of his or her foster care and the time such child was taken into protective custody; and
(5)
Whether any of the information required by this Code section is unknown.
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 5 - DEPENDENCY PETITION (§§ 15-11-150 — 15-11-153) › Section 15-11-153 - Amendment of petition

(a)
The petitioner may amend the petition alleging dependency at any time:
(1)
To cure defects of form; and
(2)
Prior to the adjudication hearing, to include new allegations of fact or requests for adjudication.
(b)
When the petition is amended after the initial service to include new allegations of fact or requests for adjudication, the amended petition shall be served on the parties and provided to the attorneys of record.
(c)
The court shall grant the parties additional time to prepare only as may be required to ensure a full and fair hearing; provided, however, that when a child is in protective custody or in detention, an adjudication hearing shall not be delayed more than ten days beyond the time originally fixed for 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 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 6 - SUMMONS; SERVICE OF PROCESS; FAILURE TO APPEAR; PROVISIONAL HEARING (§§ 15-11-160 — 15-11-163) › Section 15-11-160 - Issuance of summons

(a)
The court shall direct the issuance of a summons to a child if such child is 14 years of age or older, such child's parent, guardian, or legal custodian, such child's attorney, such child's guardian ad litem, if any, 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 alleging dependency. A copy of the petition alleging dependency 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 the petition alleging dependency can be obtained.
(b)
A 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)
The court may endorse upon the summons an order directing a child's parent, guardian, or legal custodian to appear personally at the hearing and directing the person having the physical custody or control of a child to bring such child to the hearing.
(d)
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 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 6 - SUMMONS; SERVICE OF PROCESS; FAILURE TO APPEAR; PROVISIONAL HEARING (§§ 15-11-160 — 15-11-163) › Section 15-11-161 - 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 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 the 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 the 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)
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 adjudication hearing shall not be earlier than five days after the date of the last publication.
(e)
(1)
Service by publication shall be made once a week for four consecutive weeks in the official organ of the county where the petition alleging dependency has been filed. Service shall be deemed complete upon the date of the last publication.
(2)
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 alleging dependency was filed. The notice shall indicate the general nature of the allegations and where a copy of the petition alleging dependency can be obtained and require the party to be served by publication to appear before the court at the time fixed to answer the allegations of the petition alleging dependency.
(3)
Within 15 days after the filing of the order of service by publication, the clerk of court shall mail a copy of the notice, a copy of the order of service by publication, and a copy of the petition alleging dependency to the last known address of the party being served by publication.
(f)
Service of the summons may be made by any suitable person under the direction of the court.
(g)
The court may authorize the 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.
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 6 - SUMMONS; SERVICE OF PROCESS; FAILURE TO APPEAR; PROVISIONAL HEARING (§§ 15-11-160 — 15-11-163) › Section 15-11-162 - Sanctions for failure to obey summons

(a)
In the event a parent, guardian, or legal custodian of a child named in a petition alleging dependency is brought willfully fails to appear personally at a hearing after being ordered to so appear or willfully fails to bring such child to a hearing after being so directed, the court may issue an order 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 a child named in a petition alleging dependency is brought 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 and in accordance with 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 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 6 - SUMMONS; SERVICE OF PROCESS; FAILURE TO APPEAR; PROVISIONAL HEARING (§§ 15-11-160 — 15-11-163) › Section 15-11-163 - Interlocutory order of disposition when summons served by publication

(a)
If service of summons upon a party is made by publication, the court may conduct a provisional hearing upon the allegations of the petition alleging dependency and enter an interlocutory order of disposition if:
(1)
The petition alleges dependency of a child;
(2)
The summons served upon any party:
(A)
States that prior to the final hearing on such petition a provisional hearing will be held at a specified time and place;
(B)
Requires the party who is served other than by publication to appear and answer the allegations of the petition alleging dependency at the provisional hearing;
(C)
States further that findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless the party served by publication appears at the final hearing; and
(D)
Otherwise conforms to the requirements of Code Section
15-11-160
; and
(3)
A child named in a petition alleging dependency is brought is personally before the court at the provisional hearing.
(b)
Findings of fact and orders of disposition shall have only interlocutory effect pending final hearing on the petition alleging dependency.
(c)
If a party served by publication fails to appear at the final hearing on the petition alleging dependency, the findings of fact and interlocutory orders made shall become final without further evidence. If a party appears at the final hearing, the findings and orders shall be vacated and disregarded and the hearing shall proceed upon the allegations of such petition without regard to this Code section.
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 8 - ADJUDICATION (§§ 15-11-180 — 15-11-181) › Section 15-11-180 - Standard of proof

The petitioner shall have the burden of proving the allegations of a dependency petition 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 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 9 - SOCIAL STUDY (§§ 15-11-190 — 15-11-191) › Section 15-11-190 - Social study

If the allegations of the petition alleging dependency are admitted or after an adjudication hearing the court has adjudicated a child as a dependent child, the court may direct that a written social study and report be made by a person designated by 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 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 9 - SOCIAL STUDY (§§ 15-11-190 — 15-11-191) › Section 15-11-191 - Contents of social study

Each social study shall include, but not be limited to, a factual discussion of each of the following subjects:
(1)
What plan, if any, for the return of the child adjudicated to be a dependent child to his or her parent and for achieving legal permanency for such child if efforts to reunify fail is recommended to the court;
(2)
Whether the best interests of the child will be served by granting reasonable visitation rights to his or her other relatives in order to maintain and strengthen the child adjudicated to be a dependent child's family relationships;
(3)
Whether the child adjudicated to be a dependent child has siblings under the court's jurisdiction, and, if so:
(A)
The nature of the relationship between such child and his or her siblings;
(B)
Whether the siblings were raised together in the same home and whether the siblings have shared significant common experiences or have existing close and strong bonds;
(C)
Whether the child adjudicated to be a dependent child expresses a desire to visit or live with his or her siblings and whether ongoing contact is in such child's best interests;
(D)
The appropriateness of developing or maintaining sibling relationships;
(E)
If siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place siblings together or why those efforts are not appropriate;
(F)
If siblings are not placed together, the frequency and nature of the visits between siblings; and
(G)
The impact of the sibling relationship on the child adjudicated to be a dependent child's placement and planning for legal permanence;
(4)
The appropriateness of any placement with a relative of the child adjudicated to be a dependent child; and
(5)
Whether a caregiver desires and is willing to provide legal permanency for a child adjudicated to be a dependent child if reunification is unsuccessful.
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 10 - FAMILY REUNIFICATION PLAN (§§ 15-11-200 — 15-11-204) › Section 15-11-203 - When reasonable efforts by DFCS not required

(a)
The court may direct that reasonable efforts to eliminate the need for placement of an alleged dependent child shall not be required or shall cease if the court determines and makes written findings of fact that a parent of an alleged dependent child:
(1)
Has subjected his or her child to aggravated circumstances;
(2)
Has been convicted of the murder or murder in the second degree of another child of such parent;
(3)
Has been convicted of the voluntary manslaughter of another child of such parent;
(4)
Has been convicted of aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of such parent;
(5)
Has been convicted of committing a felony assault that results in serious bodily injury to the child or another child of such parent;
(6)
Has been convicted of rape, sodomy, aggravated sodomy, child molestation, aggravated child molestation, incest, sexual battery, or aggravated sexual battery of the alleged dependent child or another child of the parent;
(7)
Is required to register as a sex offender and that preservation of a parent-child relationship is not in the alleged dependent child's best interests; or
(8)
Has had his or her rights to a sibling of the alleged dependent child terminated involuntarily and the circumstances leading to such termination of parental rights to that sibling have not been resolved.
(b)
If the court determines that one or more of the circumstances enumerated in subsection (a) of this Code section exist or DFCS has submitted a written report to the court which does not contain a plan for reunification services, then:
(1)
A permanency plan hearing shall be held for a child adjudicated as a dependent child within 30 days; and
(2)
Reasonable efforts shall be made to place a child adjudicated as a dependent child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of such child.
Amended by 2014 Ga. Laws 577,§ 2-2, eff. 7/1/2014.
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 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 10 - FAMILY REUNIFICATION PLAN (§§ 15-11-200 — 15-11-204) › Section 15-11-204 - Nonreunification hearing

(a)
If the DFCS report does not contain a plan for reunification services, the court shall hold a nonreunification hearing to review the report and the determination that a plan for reunification services is not appropriate.
(b)
The nonreunification hearing shall be held no later than 30 days from the time the DFCS report is filed. Notice of the nonreunification hearing shall be provided, by summons, to the child adjudicated as a dependent child if he or she is 14 years of age or older, his or her parent, guardian, or legal custodian, attorney, guardian ad litem, if any, and specified nonparties entitled to notice.
(c)
At the nonreunification hearing:
(1)
DFCS shall notify the court whether and when it intends to proceed with termination of parental rights; and
(2)
The court shall also hold a permanency plan hearing, at which the court shall consider in-state and out-of-state permanent placement options for the child adjudicated as a dependent child and shall incorporate a permanency plan for such child in its order.
(d)
DFCS shall have the burden of demonstrating by clear and convincing evidence that a reunification plan is not appropriate considering the health and safety of the child adjudicated as a dependent child and such child's need for permanence. There shall be a presumption that reunification is detrimental to a child adjudicated as a dependent child and reunification services should not be provided if the court finds by clear and convincing evidence that:
(1)
Such child's parent has unjustifiably failed to comply with a previously ordered plan designed to reunite the family;
(2)
An alleged dependent child has been removed from his or her home on at least two previous occasions and reunification services were made available on those occasions;
(3)
A ground for terminating parental rights exists; or
(4)
Any of the circumstances set out in subsection (a) of Code Section
15-11-203
exist, making it unnecessary to provide reasonable efforts to reunify.
(e)
If the court has entered an order finding that reasonable efforts to reunify a child adjudicated as a dependent child with his or her family are not required but the court finds further that referral for termination of parental rights and adoption is not in the best interests of such child, the court may, upon proper petition, place such child in the custody of a permanent guardian pursuant to the provisions of this article.
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 15-11-210 - Disposition hearing

(a)
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.
(b)
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 disposition.
(c)
Before determining the appropriate disposition, the court shall receive in evidence:
(1)
The social study report as provided for in Code Section
15-11-191
, if applicable, and the child adjudicated as a dependent child's proposed written case plan. The social study report and case plan shall be filed with the court not less than 48 hours before the disposition hearing;
(2)
Any study or evaluation made by a guardian ad litem appointed by the court;
(3)
Any psychological, medical, developmental, or educational study or evaluation of the child adjudicated as a dependent child; and
(4)
Other relevant and material evidence as may be offered, including, but not limited to, the willingness of the caregiver to provide legal permanency for the child adjudicated as a dependent child if reunification is unsuccessful.
(d)
Prior to a disposition hearing, and upon request, the parties and their attorneys shall be afforded an opportunity to examine any written reports received by the court.
(e)
(1)
Portions of written reports received by the court which are not relied on by the court in reaching its decision, which if revealed would be prejudicial to the interests of any party to the proceeding, or which reveal confidential sources, may be withheld in the court's discretion.
(2)
Parties and their attorneys shall be given the opportunity to controvert written reports received by the court and to cross-examine individuals making such reports.
(f)
At the conclusion of the disposition hearing, the court shall set the time and date for the first periodic review hearing and the permanency plan hearing.
Amended by 2014 Ga. Laws 635,§ 1-12, 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 3 - DEPENDENCY PROCEEDINGS (§§ 15-11-100 — 15-11-244) › Part 11 - DISPOSITION OF CHILD (§§ 15-11-210 — 15-11-220) › Section 15-11-213 - Disposition orders; considerations

Any order of disposition shall contain written findings of fact to support the disposition and case plan ordered. Before making an order of disposition, the court shall consider the following:
(1)
Why the best interests and safety of a child adjudicated as a dependent child are served by the disposition and case plan ordered, including but not limited to:
(A)
The interaction and interrelationship of such child with his or her parent, siblings, and any other person who may significantly affect the child's best interests;
(B)
Such child's adjustment to his or her home, school, and community;
(C)
The mental and physical health of all individuals involved;
(D)
The wishes of such child as to his or her placement;
(E)
The wishes of such child's parent, guardian, or legal custodian as to such child's custody;
(F)
Whether there exists a relative of such child or other individual who, after study by DFCS, is found to be qualified to receive and care for such child; and
(G)
The ability of a parent, guardian, or legal custodian of a child adjudicated as a dependent child to care for such child in the home so that no harm will result to such child;
(2)
The availability of services recommended in the case plan;
(3)
What alternative dispositions or services under the case plan were considered by the court and why such dispositions or services were not appropriate in the instant case;
(4)
The appropriateness of the particular placement made or to be made by the placing agency; and
(5)
Whether reasonable efforts were made to prevent or eliminate the necessity of a child adjudicated as a dependent child's removal and to reunify his or her family after removal from the custody of his or her family unless reasonable efforts were not required. The court's findings should include a brief description of what preventive and reunification efforts were made and why further efforts could not have prevented or eliminated the necessity of such removal.
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 15-11-214 - Duration of disposition orders

(a)
An order of disposition in a dependency proceeding shall continue in force until the purposes of the order have been accomplished.
(b)
The court may terminate an order of disposition of a child adjudicated as a dependent child on or without 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 dependent child reaches 18 years of age, all orders in connection with dependency proceedings affecting him or her then in force terminate and he or she shall be discharged from further obligation or control.
Amended by 2018 Ga. Laws 472,§ 1-4, eff. 7/1/2020.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.