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 7 - COMPETENCY OF CHILD (§§ 15-11-650 — 15-11-660) › Section 15-11-660 - Review hearings

(a)
The court shall hold a hearing to review a child's progress toward competency:
(1)
At least every six months;
(2)
At any time, on its own motion or on the motion of the prosecuting attorney, a child's attorney, or a child's guardian ad litem, if any;
(3)
On receipt of a report submitted by DBHDD; or
(4)
Not less than three months before a child's eighteenth birthday.
(b)
If at a review hearing the court finds that a child has attained competency, the suspended proceedings shall be resumed and the time limits applicable under Article 5 or 6 of this chapter shall begin to run from the date of the order finding the child mentally competent.
(c)
If at a review hearing held following the court's receipt of a DBHDD or licensed psychologist or psychiatrist's report the court finds that a child's incompetency has not been remediated but that such child has made substantial progress toward remediation, the court may extend the competency remediation program period for an additional 60 days if the court determines by clear and convincing evidence that further participation is likely to lead to remediation of competency.
(d)
If at a review hearing the court finds that a child's competency is not remediated and is not likely to be remediated within the time left before such child's eighteenth birthday, the court shall dismiss the petition with prejudice if such child is alleged to be a child in need of services or to have committed a delinquent act which would be a misdemeanor if committed by an adult.
(e)
At each review hearing, the court shall also consider whether the petition alleging delinquency or that a child is a child in need of services should be withdrawn, maintained, or dismissed, without prejudice, upon grounds other than a child's being incompetent to proceed. If the court dismisses the petition, the prosecuting attorney may seek to refile a petition alleging a delinquent act which would be a felony if committed by an adult if a child is later determined to be mentally competent. The prosecuting attorney may also seek transfer to superior court if a child is later determined to be mentally competent and otherwise meets all the requirements for transfer under Article 6 of this chapter.
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 8 - PARENTAL NOTIFICATION (§§ 15-11-680 — 15-11-688) › Section 15-11-680 - Short title

This article shall be known and may be cited as the "Parental Notification Act."
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 8 - PARENTAL NOTIFICATION (§§ 15-11-680 — 15-11-688) › Section 15-11-681 - Definitions

As used in this article, the term:
(1)
"Abortion" means the use or prescription of any instrument, medicine, drug, or any other substance or device with the intent to terminate the pregnancy of a female known to be pregnant. The term "abortion" shall not include the use or prescription of any instrument, medicine, drug, or any other substance or device employed solely to increase the probability of a live birth, to preserve the life or health of the child after live birth, or to remove a dead unborn child who died as a result of a spontaneous abortion. The term "abortion" also shall not include the prescription or use of contraceptives.
(2)
"Proper identification" means any document issued by a governmental agency containing a description of the person, the person's photograph, or both, including but not limited to a driver's license, an identification card authorized under Code Sections
40-5-100
through
40-5-104
or similar identification card issued by another state, a military identification card, a passport, or an appropriate work authorization issued by the United States Immigration and Customs Enforcement Division of the Department of Homeland Security.
(3)
"Unemancipated minor" means any person under the age of 18 who is not or has not been married or who is under the care, custody, and control of such person's parent or parents, guardian, or the juvenile court of competent jurisdiction.
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 8 - PARENTAL NOTIFICATION (§§ 15-11-680 — 15-11-688) › Section 15-11-683 - Time and notice of hearing

Notwithstanding Code Sections
15-11-40
,
15-11-150
,
15-11-152
,
15-11-160
,
15-11-281
,
15-11-424
, and
15-11-531
, the unemancipated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petition. The hearing shall be held within three days of the date of filing, excluding weekends and legal holidays. The parent, guardian, or legal custodian of the unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding. If a hearing is not held within the time prescribed in this Code section, the petition shall be deemed granted.
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 8 - PARENTAL NOTIFICATION (§§ 15-11-680 — 15-11-688) › Section 15-11-684 - Conduct of hearing; appeal

(a)
An unemancipated minor may participate in proceedings in the court on such minor's own behalf and the court shall advise such minor of the right to court appointed counsel and shall provide such minor with such counsel upon request or if such minor is not already adequately represented.
(b)
All court proceedings under this Code section shall be conducted in a manner to preserve the complete anonymity of the parties and shall be given such precedence over other pending matters as is necessary to ensure that a decision is reached by the court as expeditiously as is possible under the circumstances of the case. In no event shall the name, address, birth date, or social security number of such minor be disclosed.
(c)
The requirements of subparagraph (a)(1)(A), (a)(1)(B), or (a)(1)(C) of Code Section
15-11-682
shall be waived if the court finds either:
(1)
That the unemancipated minor is mature enough and well enough informed to make the abortion decision in consultation with her physician, independently of the wishes of such minor's parent or guardian; or
(2)
That the notice to a parent or, if the unemancipated minor is subject to guardianship, the legal guardian pursuant to Code Section
15-11-682
would not be in the best interests of such minor.
(d)
A court that conducts proceedings under this Code section shall issue written and specific factual findings and legal conclusions supporting its decision and shall order that a record of the evidence be maintained. The juvenile court shall render its decision within 24 hours of the conclusion of the hearing and a certified copy of same shall be furnished immediately to the unemancipated minor. If the juvenile court fails to render its decision within 24 hours after the conclusion of the hearing, then the petition shall be deemed granted. All juvenile court records shall be sealed in a manner that will preserve anonymity.
(e)
An expedited appeal completely preserving the anonymity of the parties shall be available to any unemancipated minor to whom the court denies a waiver of notice. The appellate courts are authorized and requested to issue promptly such rules as are necessary to preserve anonymity and to ensure the expeditious disposition of procedures provided by this Code section. In no event shall the name, address, birth date, or social security number of such minor be disclosed during the expedited appeal or thereafter.
(f)
No filing fees shall be required of any unemancipated minor who uses the procedures provided by 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 8 - PARENTAL NOTIFICATION (§§ 15-11-680 — 15-11-688) › Section 15-11-685 - Applicability to nonresidents

The requirements and procedures of this article shall apply to all unemancipated minors within this state whether or not such persons are residents of this state.
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 8 - PARENTAL NOTIFICATION (§§ 15-11-680 — 15-11-688) › Section 15-11-686 - Medical emergency

This article shall not apply when, in the best clinical judgment of the attending physician on the facts of the case before him or her, a medical emergency exists that so complicates the condition of the unemancipated minor as to require an immediate abortion. A person who performs an abortion as a medical emergency under the provisions of this Code section shall certify in writing the medical indications on which this judgment was based when filing such reports as are required by law.
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 8 - PARENTAL NOTIFICATION (§§ 15-11-680 — 15-11-688) › Section 15-11-687 - Immunity of health care provider acting in good faith

Any physician or any person employed or connected with a physician, hospital, or health care facility performing abortions who acts in good faith shall be justified in relying on the representations of the unemancipated minor or of any other person providing the information required under this article. No physician or other person who furnishes professional services related to an act authorized or required by this article and who relies upon the information furnished pursuant to this article shall be held to have violated any criminal law or to be civilly liable for such reliance, provided that the physician or other person acted in good faith.
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 8 - PARENTAL NOTIFICATION (§§ 15-11-680 — 15-11-688) › Section 15-11-688 - Penalty

Any person who violates the provisions of this article shall be guilty of a misdemeanor and any person who intentionally encourages another to provide false information pursuant to this article shall be guilty of a misdemeanor.
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 9 - ACCESS TO HEARINGS, RECORDS AND FILES (§§ 15-11-700 — 15-11-710) › Section 15-11-702 - Children's fingerprints, photographs, and names

(a)
(1)
Every child charged with an offense that would be a felony if committed by an adult shall be fingerprinted and photographed upon being taken into custody.
(2)
Fingerprints and photographs of children to be used in investigating the commission of crimes shall be taken and filed separately from those of adults by law enforcement officials and shall be made available as provided in this article and as may be directed by the court.
(b)
Fingerprint files and photographs of children may be inspected by law enforcement officers when necessary for criminal justice purposes and for the discharge of their official duties. Other inspections may be authorized by the court in individual cases upon a showing that it is necessary in the public interest.
(c)
If a child has been charged with an offense that if committed by an adult would be a felony or if the case is transferred to another court for prosecution, such child's identification data, and other pertinent information shall be forwarded to the Georgia Crime Information Center of the Georgia Bureau of Investigation. The center shall create a juvenile fingerprint file and enter the data into the computerized criminal history files. The Georgia Bureau of Investigation shall act as the official state repository for juvenile history data and shall be authorized to disseminate such data for the purposes specified in Code Section
15-11-708
.
(d)
Upon application of a child, fingerprints and photographs of such child shall be removed from the file and destroyed if a petition alleging delinquency is not filed or the proceedings are dismissed after either such petition is filed or the case is transferred to the juvenile court or the child is adjudicated not to be a delinquent child. The court shall notify the deputy director of the Georgia Crime Information Center when fingerprints and photographs are destroyed, and the Georgia Bureau of Investigation shall treat such records in the same manner as criminal history record information is restricted pursuant to Code Section
35-3-37
.
(e)
Except as provided in subsection (a) of this Code section, without the consent of the judge, a child shall not be photographed after he or she is taken into custody unless the case is transferred to another court for prosecution.
(f)
Upon request, the judge or his or her designee shall release the name of any child with regard to whom a petition has been filed alleging a child committed a class A designated felony act or class B designated felony act or alleging a child committed a delinquent act if such child has previously been adjudicated for committing a delinquent act or if such child has previously been before the court on a delinquency charge and adjudication was withheld.
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 9 - ACCESS TO HEARINGS, RECORDS AND FILES (§§ 15-11-700 — 15-11-710) › Section 15-11-703 - Use of disposition and evidence

Except as provided in subsection (d) of Code Section
24-6-609
, the disposition of a child and evidence adduced in a hearing in the juvenile court shall not be used against such child in any proceeding in any court other than as provided in Code Section
16-15-9
or
24-4-418
or for a proceeding for delinquency or a child in need of services, whether before or after reaching 18 years of age, except in the establishment of conditions of bail, plea negotiations, and sentencing in criminal offenses; and, in such excepted cases, such records of dispositions and evidence shall be available to prosecuting attorneys, superior or state court judges, and the accused and may be used in the same manner as adult records. Whenever such record of disposition is filed in a superior or state court or admitted into evidence in a superior or state court proceeding, it shall be filed under seal.
Amended by 2016 Ga. Laws 606,§ 1, eff. 5/3/2016.
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 9 - ACCESS TO HEARINGS, RECORDS AND FILES (§§ 15-11-700 — 15-11-710) › Section 15-11-704 - Public inspection of court files and records; use in subsequent juvenile or criminal prosecution

(a)
Except as provided in subsection (b) of this Code section and Code Sections
15-11-705
and
15-11-706
, all files and records of the court in a proceeding under this chapter shall be open to inspection only upon order of the court.
(b)
The general public shall be allowed to inspect court files and records for any proceeding that was open to the public pursuant to paragraphs (1) through (5) of subsection (b) of Code Section
15-11-700
.
(c)
A judge may permit authorized representatives of recognized organizations compiling statistics for proper purposes to inspect and make abstracts from official records under whatever conditions upon their use and distribution such judge may deem proper and may punish by contempt any violation of those conditions.
(d)
A judge shall permit authorized representatives of DJJ, the Governor's Office for Children and Families, the Criminal Justice Coordinating Council, the Administrative Office of the Courts, and the Council of Juvenile Court Judges to inspect and extract data from any court files and records for the purpose of obtaining statistics on children and to make copies pursuant to the order of the court. Such data shall be used by the inspecting agency for official purposes and shall not be subject to release by such agency pursuant to Article 4 of Chapter 18 of Title 50, nor subject to subpoena.
(e)
Except as otherwise provided in Code Sections
15-11-701
and
15-11-703
, the complaint, petition, order of adjudication, and order of disposition in any delinquency case shall be disclosed upon request of the prosecuting attorney or the accused for use preliminarily to or in conjunction with a subsequent juvenile or criminal proceeding in a court of record.
Amended by 2015 Ga. Laws 132,§ 4, eff. 7/1/2015.
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 9 - ACCESS TO HEARINGS, RECORDS AND FILES (§§ 15-11-700 — 15-11-710) › Section 15-11-705 - Child in need of services records; penalty for disclosure

(a)
Notwithstanding other provisions of this article, the court records of proceedings under Article 5 of this chapter shall be withheld from public inspection but shall be open to inspection by juvenile probation officers, community supervision officers, a child who is a party in a proceeding, his or her parent, guardian, or legal custodian, such child's attorney, and others entrusted with the supervision of such child. Additional access to court records may be granted by court order.
(b)
It shall be unlawful for any person to disclose court records, or any part thereof, to persons other than those entitled to access under subsection (a) of this Code section, except by court order. Any person who knowingly violates this subsection shall be guilty of contempt and the court may enter any order authorized by the provisions of Code Section
15-11-31
.
Amended by 2015 Ga. Laws 73,§ 5-17, eff. 7/1/2015.
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 9 - ACCESS TO HEARINGS, RECORDS AND FILES (§§ 15-11-700 — 15-11-710) › Section 15-11-706 - Records for cases handled through informal adjustment, mediation, or other nonadjudicatory procedure; penalty for disclosure

(a)
When a decision is made to handle a case through informal adjustment, mediation, or other nonadjudicatory procedure, the juvenile court intake officer shall file with the court in the county in which a child legally resides all of the following information:
(1)
The name, address, and date of birth of the child subject to informal adjustment, mediation, or other nonadjudicatory procedure;
(2)
The act or offense for which such child was apprehended;
(3)
The diversion decision made;
(4)
The nature of such child's compliance with an informal adjustment agreement; and
(5)
If an informal adjustment agreement is revoked, the fact of and reasons for the revocation.
(b)
Notwithstanding subsection (a) of Code Section
15-11-701
, the court in the county in which a child resides shall keep a separate record for such child which shall be open to the court, the prosecuting attorney, or an officer designated by the court only for the purpose of deciding whether to handle a subsequent case through informal adjustment, mediation, or other nonadjudicatory procedure or for use in disposition of a subsequent proceeding. Any person who knowingly violates this subsection shall be guilty of contempt 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 9 - ACCESS TO HEARINGS, RECORDS AND FILES (§§ 15-11-700 — 15-11-710) › Section 15-11-707 - Notice to school superintendent

Within 30 days of any proceeding in which a child is adjudicated for committing a delinquent act for a second or subsequent time or is adjudicated for committing a class A designated felony act or class B designated felony act, the court shall provide written notice to the school superintendent of the school in which such child is enrolled or his or her designee or, if the information is known, of the school in which such child plans to be enrolled at a future date. Such notice shall include the specific delinquent act or class A designated felony act or class B designated felony act such child committed.
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 9 - ACCESS TO HEARINGS, RECORDS AND FILES (§§ 15-11-700 — 15-11-710) › Section 15-11-708 - Separation of juvenile and adult records for law enforcement; inspection; limited fingerprint access

(a)
Law enforcement records and files concerning a child shall be kept separate from the records and files of arrests of adults.
(b)
Unless a charge of delinquency is transferred for criminal prosecution, the interest of national security requires, the case is one in which the general public may not be excluded from the hearings, or the court otherwise orders in the best interests of the child, the records and files shall not be open to public inspection nor shall their contents be disclosed to the public.
(c)
Inspection of the records and files shall be permitted by:
(1)
A juvenile court having a child before it in any proceeding;
(2)
The attorney for a party to the proceedings, with the consent of the court;
(3)
The officers of public institutions or agencies to whom a child is committed;
(4)
Law enforcement officers and prosecuting attorneys of this state, the United States, or any other jurisdiction when necessary for the discharge of their official duties;
(5)
A court in which a child is convicted of a criminal offense, for the purpose of a presentence report or other disposition proceeding;
(6)
Officials of penal institutions and other penal facilities to which a child is committed; or
(7)
A parole board in considering a child's parole or discharge or in exercising supervision over such child.
(d)
The court shall allow authorized representatives of DJJ, the Governor's Office for Children and Families, the Criminal Justice Coordinating Council, the Administrative Office of the Courts, and the Council of Juvenile Court Judges to inspect and copy law enforcement records for the purpose of obtaining statistics on children. Such data shall be used by the inspecting agency for official purposes and shall not be subject to release by such agency pursuant to Article 4 of Chapter 18 of Title 50, nor subject to subpoena.
(e)
Access to fingerprint records submitted to the Georgia Bureau of Investigation shall be limited to the administration of criminal justice purposes.
Amended by 2015 Ga. Laws 132,§ 5, eff. 7/1/2015.
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 9 - ACCESS TO HEARINGS, RECORDS AND FILES (§§ 15-11-700 — 15-11-710) › Section 15-11-709 - Preservation and destruction of records; computer retrieval

(a)
Subject to the earlier sealing of certain records pursuant to Code Section
15-11-701
, the juvenile court shall make and keep records of all cases brought before it and shall preserve the records pertaining to a child in accordance with the common records retention schedules for courts approved by the State Records Committee pursuant to Code Section
50-18-92
.
(b)
Thereafter, the court may destroy such records, except that the records of cases in which a court terminates the parental rights of a parent and the records of cases involving a petition for legitimation of a child shall be preserved permanently.
(c)
The juvenile court shall make official minutes consisting of all petitions and orders filed in a case and any other pleadings, certificates, proofs of publication, summonses, warrants, and other writs which may be filed and shall make social records consisting of records of investigation and treatment and other confidential information.
(d)
Identification data shall be maintained and shall be disseminated to criminal justice officials for official judicial enforcement or criminal justice purposes as provided in Code Section
35-3-33
.
(e)
Nothing in this chapter shall restrict or otherwise prohibit a juvenile court clerk from electing to store for computer retrieval any or all records, dockets, indexes, or files; nor shall a juvenile court clerk be prohibited from combining or consolidating any books, dockets, files, or indexes in connection with the filing for record of papers of the kind specified in this chapter or any other law, provided that any automated or computerized record-keeping method or system shall provide for the systematic and safe preservation and retrieval of all books, dockets, records, or indexes. When the clerk of a juvenile court elects to store for computer retrieval any or all records, the same data elements used in a manual system shall be used, and the same integrity and security shall be maintained.
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 9 - ACCESS TO HEARINGS, RECORDS AND FILES (§§ 15-11-700 — 15-11-710) › Section 15-11-710 - Exchange of information

(a)
As used in this Code section, the term "governmental entity" shall mean the court, superior court, DJJ, DBHDD, DFACS, county departments of family and children services, or public schools, as such term is defined in Code Section
16-11-35
.
(b)
Governmental entities and state, county, municipal, or consolidated government departments, boards, or agencies shall exchange with each other all information not held as confidential pursuant to federal law and relating to a child which may aid a governmental entity in the assessment, treatment, intervention, or rehabilitation of a child, notwithstanding Code Section
15-1-15
,
15-1-19
,
15-11-40
,
15-11-70
,
15-11-105
,
15-11-170
,
15-11-264
,
15-11-541
,
15-11-542
,
15-11-603
,
15-11-708
,
15-11-709
,
15-11-744
,
20-2-751.2
,
20-14-40
,
24-12-10
,
24-12-11
,
24-12-20
,
26-4-5
,
26-4-80
,
26-5-17
,
31-5-5
,
31-33-6
,
37-1-53
,
37-2-9.1
,
42-5-36
,
42-8-40
,
42-8-109.2
,
49-5-40
,
49-5-41
,
49-5-41.1
,
49-5-44
, or
49-5-45
, in order to serve the best interests of such child. Information which is shared pursuant to this subsection shall not be utilized to assist in the prosecution of a child in juvenile, superior, or state court or utilized to the detriment of such child.
(c)
Information released pursuant to this Code section shall not change or rescind the confidential nature of such information and such information shall not be subject to public disclosure or inspection unless otherwise provided by law.
Amended by 2020 Ga. Laws 410,§ 2, eff. 7/1/2020.
Amended by 2016 Ga. Laws 460,§ 1-8, eff. 7/1/2016.
Amended by 2015 Ga. Laws 73,§ 5-16, eff. 7/1/2015.
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 10 - EMANCIPATION (§§ 15-11-720 — 15-11-728) › Section 15-11-720 - Conditions under which emancipation may occur

(a)
Emancipation may occur by operation of law or pursuant to a petition filed with the court as provided in this article by a child who is at least 16 years of age.
(b)
An emancipation occurs by operation of law:
(1)
When a child is validly married;
(2)
When a child reaches the age of 18 years; or
(3)
During the period when a child is on active duty with the armed forces of the United States.
(c)
An emancipation occurs by court order pursuant to a petition filed by a child with the juvenile 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 10 - EMANCIPATION (§§ 15-11-720 — 15-11-728) › Section 15-11-721 - Petition requirements

(a)
A child seeking emancipation shall file a petition for emancipation in the juvenile court in the county where such child resides. The petition shall be signed and verified by the petitioner and shall include:
(1)
The petitioner's full name and birth date and the county and state where the petitioner was born;
(2)
A certified copy of the petitioner's birth certificate;
(3)
The name and last known address of the petitioner's parent, guardian, or legal custodian and, if no parent, guardian, or legal custodian can be found, the name and address of the petitioner's nearest living relative residing within this state;
(4)
The petitioner's present address and length of residency at that address;
(5)
A declaration by the petitioner demonstrating the ability to manage his or her financial affairs together with any information necessary to support the declaration;
(6)
A declaration by the petitioner demonstrating the ability to manage his or her personal and social affairs together with any information necessary to support the declaration; and
(7)
The names of individuals who have personal knowledge of the petitioner's circumstances and believe that under those circumstances emancipation is in the best interests of the petitioner. Such individuals may include any of the following:
(A)
A licensed physician, physician assistant, or osteopath;
(B)
A registered professional nurse or licensed practical nurse;
(C)
A licensed psychologist;
(D)
A licensed professional counselor, social worker, or marriage and family therapist;
(E)
A school guidance counselor, school social worker, or school psychologist;
(F)
A school administrator, school principal, or school teacher;
(G)
A member of the clergy;
(H)
A law enforcement officer; or
(I)
An attorney.
(b)
If the petition provided for under subsection (a) of this Code section is based on the petitioner's desire to enter into a valid marriage, the petitioner shall:
(1)
Be at least 17 years of age;
(2)
In addition to the requirements provided for under subsection (a) of this Code section, include in such petition the name, age, date of birth, and address of residence of the intended spouse;
(3)
Include a statement of the reasons why the petitioner desires to marry, how the parties came to know each other, and how long they have known each other; and
(4)
Attach copies of any criminal records of either party to be married and of any family violence or stalking protective order issued to protect or restrain either party to be married.
Amended by 2019 Ga. Laws 187,§ 2-1, 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 10 - EMANCIPATION (§§ 15-11-720 — 15-11-728) › Section 15-11-722 - Summons, answer, and time limitations

(a)
Upon filing the petition, a copy of the petition for emancipation and a summons to appear at the hearing shall be served on all persons named in the petition and upon any individual who provided an affidavit for the emancipation.
(b)
A person served with a petition may file an answer in the juvenile court in which the petition was filed within 30 days of being served.
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 10 - EMANCIPATION (§§ 15-11-720 — 15-11-728) › Section 15-11-723 - Appointment of attorney and guardian ad litem; affidavits of adults supporting emancipation

(a)
After a petition for emancipation is filed, the court shall appoint an attorney for the petitioner and may:
(1)
Appoint a guardian ad litem to investigate the allegations of the petition and to file a report with the court, including a recommendation as to whether it is in the best interests of the petitioner that the petition for emancipation be granted; and
(2)
Appoint an attorney for the petitioner's parent, guardian, or legal custodian if he or she is an indigent person and if he or she opposes the petition.
(b)
After a petition for emancipation is filed, the court shall seek an affidavit from each person identified in the petition pursuant to paragraph (7) of subsection (a) of Code Section
15-11-721
that describes why that person believes the petitioner should be emancipated.
Amended by 2019 Ga. Laws 187,§ 2-2, 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 10 - EMANCIPATION (§§ 15-11-720 — 15-11-728) › Section 15-11-724 - Standard of proof

A child who petitions the court for emancipation shall have the burden of showing that emancipation should be ordered by a preponderance of 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 10 - EMANCIPATION (§§ 15-11-720 — 15-11-728) › Section 15-11-726 - Rescission of emancipation order

(a)
A child emancipated by court order may petition the juvenile court that issued the emancipation order to rescind such order.
(b)
A copy of the petition for rescission and a summons shall be served on the petitioner's parent, guardian, or legal custodian.
(c)
The court shall grant the petition and rescind the order of emancipation if it finds:
(1)
That the petitioner is an indigent person and has no means of support;
(2)
That the petitioner and the petitioner's parent, guardian, or legal custodian agree that the order should be rescinded; or
(3)
That there is a resumption of family relations inconsistent with the existing emancipation order.
(d)
If a petition for rescission is granted, the court shall issue an order rescinding the emancipation order and retain a copy of the order until the petitioner becomes 25 years of age.
(e)
Rescission of an emancipation order shall not alter any contractual obligations or rights or any property rights or interests that arose during the period of time that the emancipation order was in effect.
(f)
A child or his or her parent, guardian, or legal custodian may appeal the court's grant or denial of a petition for rescission of an emancipation order. The appeal shall be filed in the Court of Appeals.
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 10 - EMANCIPATION (§§ 15-11-720 — 15-11-728) › Section 15-11-727 - Rights of emancipated child; limitations of parental obligations

(a)
A child emancipated by operation of law or by court order shall be considered to have the rights and responsibilities of an adult, except for those specific constitutional and statutory age requirements regarding voting, use of alcoholic beverages, and other health and safety regulations relevant to a child because of his or her age. The rights of a child to receive any transfer of property or money pursuant to "The Georgia Transfers to Minors Act" under Article 5 of Chapter 5 of Title 44; under the Uniform Transfers to Minors Act, the Uniform Gift to Minors Act, or other substantially similar act of another state; or pursuant to a trust agreement shall not be affected by a declaration of an emancipation under this article.
(b)
A child shall be considered emancipated for the purposes of, but not limited to:
(1)
The right to enter into enforceable contracts, including apartment leases;
(2)
The right to sue or be sued in his or her own name;
(3)
The right to retain his or her own earnings;
(4)
The right to establish a separate domicile;
(5)
The right to act autonomously, and with the rights and responsibilities of an adult, in all business relationships, including but not limited to property transactions and obtaining accounts for utilities, except for those estate or property matters that the court determines may require a conservator or guardian ad litem;
(6)
The right to earn a living, subject only to the health and safety regulations designed to protect those under the age of 18 regardless of their legal status;
(7)
The right to authorize his or her own preventive health care, medical care, dental care, and mental health care, without parental knowledge or liability;
(8)
The right to apply for a driver's license or other state licenses for which he or she might be eligible;
(9)
The right to register for school;
(10)
The right to apply for medical assistance programs and for other welfare assistance, if needed;
(11)
The right, if a parent, to make decisions and give authority in caring for his or her own minor child; and
(12)
The right to make a will.
(c)
A parent, guardian, or legal custodian of a child emancipated by court order shall not be liable for any debts incurred by his or her child during the period of emancipation.
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 10 - EMANCIPATION (§§ 15-11-720 — 15-11-728) › Section 15-11-728 - Duty to support; ability to marry

(a)
The duty to provide support for a child shall continue until an emancipation order is granted.
(b)
A child emancipated under this article shall not be considered a dependent child.
(c)
The provisions set forth in Code Section
19-3-2
regarding age limitations to contract for marriage shall apply to a child who has become emancipated under 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 11 - CHILD ADVOCATE FOR THE PROTECTION OF CHILDREN (§§ 15-11-740 — 15-11-747) › Section 15-11-740 - Short title; purpose

(a)
This article shall be known and may be cited as the "Georgia Child Advocate for the Protection of Children Act."
(b)
In keeping with this article's purpose of assisting, protecting, and restoring the security of children whose well-being is threatened, it is the intent of the General Assembly that the mission of protection of the children of this state should have the greatest legislative and executive priority. Recognizing that the needs of children must be attended to in a timely manner and that more aggressive action should be taken to protect children from abuse and neglect, the General Assembly creates the Office of the Child Advocate for the Protection of Children to provide independent oversight of persons, organizations, and agencies responsible for providing services to or caring for children who are victims of child abuse and neglect or whose domestic situation requires intervention by the state. The Office of the Child Advocate for the Protection of Children will provide children with an avenue through which to seek relief when their rights are violated by state officials and agents entrusted with their protection and care.
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 11 - CHILD ADVOCATE FOR THE PROTECTION OF CHILDREN (§§ 15-11-740 — 15-11-747) › Section 15-11-741 - Definitions

As used in this article, the term:
(1)
"Advocate" or "child advocate" means the Child Advocate for the Protection of Children established under Code Section
15-11-742
.
(2)
"Agency" shall have the same meaning and application as provided for in paragraph (1) of subsection (a) of Code Section
50-14-1
.
(3)
"Child" or "children" means an individual receiving protective services from DFCS, for whom DFCS has an open case file, or who has been, or whose siblings, parents, or other caretakers have been, the subject of a report to DFCS within the previous five years.
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 11 - CHILD ADVOCATE FOR THE PROTECTION OF CHILDREN (§§ 15-11-740 — 15-11-747) › Section 15-11-742 - Creation of the Office of Child Advocate for the Protection of Children; staff and personnel; contracts

(a)
There is created the Office of the Child Advocate for the Protection of Children. The Governor, by executive order, shall create a nominating committee which shall consider nominees for the position of the advocate and shall make a recommendation to the Governor. Such person shall have knowledge of the child welfare system, the juvenile justice system, and the legal system and shall be qualified by training and experience to perform the duties of the office as set forth in this article.
(b)
The advocate shall be appointed by the Governor from a list of at least three names submitted by the nominating committee for a term of three years and until his or her successor is appointed and qualified and may be reappointed. The salary of the advocate shall not be less than $60,000.00 per year, shall be fixed by the Governor, and shall come from funds appropriated for the purposes of the advocate.
(c)
The Office of the Child Advocate for the Protection of Children shall be assigned to the Office of Planning and Budget for administrative purposes only, as described in Code Section
50-4-3
.
(d)
The advocate may appoint such staff as may be deemed necessary to effectively fulfill the purposes of this article, within the limitations of the funds available for the purposes of the advocate. The duties of the staff may include the duties and powers of the advocate if performed under the direction of the advocate. The advocate and his or her staff shall receive such reimbursement for travel and other expenses as is normally allowed to state employees from funds appropriated for the purposes of the advocate.
(e)
The advocate shall have the authority to contract with experts in fields including but not limited to medicine, psychology, education, child development, juvenile justice, mental health, and child welfare as needed to support the work of the advocate, utilizing funds appropriated for the purposes of the advocate.
(f)
Notwithstanding any other provision of state law, the advocate shall act independently of any state official, department, or agency in the performance of his or her duties.
(g)
The advocate or his or her designee shall be a member of the Georgia Child Fatality Review Panel.
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 11 - CHILD ADVOCATE FOR THE PROTECTION OF CHILDREN (§§ 15-11-740 — 15-11-747) › Section 15-11-743 - Duties of advocate

The advocate shall perform the following duties:
(1)
Identify, receive, investigate, and seek the resolution or referral of complaints made by or on behalf of children concerning any act, omission to act, practice, policy, or procedure of an agency or any contractor or agent thereof that may adversely affect the health, safety, or welfare of the children;
(2)
Refer complaints involving abused children to appropriate regulatory and law enforcement agencies;
(3)
Report the death of any child to the chairperson of the review committee, as such term is defined in Code Section
19-15-1
, for the county in which such child resided at the time of death, unless the advocate has knowledge that such death has been reported by the county medical examiner or coroner, pursuant to Code Section
19-15-3
, and to provide such committee access to any records of the advocate relating to such child;
(4)
Provide periodic reports on the work of the Office of the Child Advocate for the Protection of Children, including but not limited to an annual written report for the Governor and the General Assembly and other persons, agencies, and organizations deemed appropriate. Such reports shall include recommendations for changes in policies and procedures to improve the health, safety, and welfare of children and shall be made expeditiously in order to timely influence public policy;
(5)
Establish policies and procedures necessary for the Office of the Child Advocate for the Protection of Children to accomplish the purposes of this article, including without limitation providing DFCS with a form of notice of availability of the Office of the Child Advocate for the Protection of Children. Such notice shall be posted prominently, by DFCS, in DFCS offices and in facilities receiving public moneys for the care and placement of children and shall include information describing the Office of the Child Advocate for the Protection of Children and procedures for contacting such office; and
(6)
Convene quarterly meetings with organizations, agencies, and individuals who work in the area of child protection to seek opportunities to collaborate and improve the status of children in Georgia.
Amended by 2014 Ga. Laws 476,§ 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 11 - CHILD ADVOCATE FOR THE PROTECTION OF CHILDREN (§§ 15-11-740 — 15-11-747) › Section 15-11-745 - Discrimination or retaliation prohibited against persons making complaints or providing information

(a)
No person shall discriminate or retaliate in any manner against any child, parent, guardian, or legal custodian of a child, employee of a facility, agency, institution or other type of provider, or any other person because of the making of a complaint or providing of information in good faith to the advocate or willfully interfere with the advocate in the performance of his or her official duties.
(b)
Any person violating subsection (a) of this Code section shall be guilty of a misdemeanor.
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 11 - CHILD ADVOCATE FOR THE PROTECTION OF CHILDREN (§§ 15-11-740 — 15-11-747) › Section 15-11-746 - Investigation of complaints

The advocate shall be authorized to request an investigation by the Georgia Bureau of Investigation of any complaint of criminal misconduct involving a child.
Added by 2013 Ga. Laws 127,§ 1-1, eff. 1/1/2014.