Title 15

incompetent child; competency (a) If the court finds that a child is incompetent to proceed but such child’s incompetence may be remediated, if such child is alleged: (1) To be a child in need of services, the court shall either dismiss the petition without prejudice or order comp…

(a) All competency remediation service orders issued by the court shall contain: (1) The name of the competency remediation service program provider and the location of the program; (2) A statement of the arrangements for a child’s transportation to the program site; (3) The leng…

(a) If the court initially finds that a child is unrestorably incompetent to proceed, the court shall dismiss the petition, appoint a plan manager, and order that procedures for a comprehensive services plan be initiated under Article 5 of this chapter. When appropriate, the court…

If at any time after a child is adjudicated to be incompetent to proceed due to age, immaturity, or for any reason other than mental illness or developmental disability and is ordered to undergo competency remediation services and DBHDD determines that such child is likely to rem…

(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 repor…

This article shall be known and may be cited as the ‘‘Parental Notification Act.’’ History. — Code 1981, § 15-11-680, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

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 pr…

(a) No physician or other person shall perform an abortion upon an unemancipated minor unless: (1)(A) The unemancipated minor seeking an abortion is accompanied by his or her parent or guardian who shall show proper identification and state that he or she is the lawful parent or g…

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 sha…

(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 r…

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. History. — Code 1981, § 15-11-685, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

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 perfor…

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. History. — Code 1981, § 15-11-688, enacted by Ga. L.…

(a) As used in this Code section, the term ‘‘dependency proceeding’’ means a court proceeding stemming from a petition alleging that a child is a dependent child. (b) The general public shall be admitted to: (1) An adjudicatory hearing involving an allegation of a class A designa…

(a) Upon dismissal of a petition or complaint alleging delinquency or that a child is a child in need of services or completion of the process in a case handled through informal adjustment, mediation, or other nonadjudicatory procedure, the court shall order the sealing of the fil…

(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 fil…

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) 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 inspe…

(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 i…

(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, addre…

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…

(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 gene…

(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 f…

(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,…

(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 a…

(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 stat…

(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 …

(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 …

A child who petitions the court for emancipation shall have the burden of showing that emancipation should be ordered by a preponderance of evidence. History. — Code 1981, § 15-11-724, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

(a)(1) Except as provided for in paragraph (2) of this subsection, the court shall issue an emancipation order if, after a hearing, it determines that emancipation is in the best interests of the child and such child has established: (A) That his or her parent, guardian, or legal…

(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 g…

(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 …

(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 t…

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…

(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 …

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 ther…

(a) The advocate shall have the following rights and powers: (1) To communicate privately, by mail or orally, with any child and with each child’s parent, guardian, or legal custodian; (2) To have access to all records and files of DFCS concerning or relating to a child, and to ha…

(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 informat…

The advocate shall be authorized to request an investigation by the Georgia Bureau of Investigation of any complaint of criminal misconduct involving a child. History. — Code 1981, § 15-11-746, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

— In light of the similarity of the statutory provisions, decisions under former Civil Code 1895, § 2528, former Code 1873, § 1812, and former Code 1933, §§ 49-113 and 113-1402 are included in the annotations for this Code section. Inventory as admission. — Inventory required by …

Adjudication hearing. Disposition hearing; time limitations; disposition of a child in need of services. Duration of disposition orders. Probation revocation. Disposition reviews; time limitations. PART 7 MENTAL HEALTH Comprehensive services plan for child found unrestorably inco…

Purpose of article. Definitions. Stay of proceedings regarding child who may not be mentally competent to stand trial; appointment of attorney; tolling of time periods. Evaluation of a child’s mental condition; procedures; written reports; additional evaluations. Transfer of proce…

Eligibility of subversive persons to hold office or position in government, § 16-11-12. Eligibility and qualifications of candidates for public office, §§ 21-2-5 through 21-2-8.

Summons, answer, and time limitations. Appointment of attorney and guardian ad litem; affidavits of adults supporting emancipation. Standard of proof. Emancipation hearing; findings. Rescission of emancipation order. Rights of emancipated child; limitations of parental obligations…

sections formerly codified at this chapter and enacted the current chapter. The former chapter consisted of Code Sections 15-11-1 through 15-11-3, 15-11-3.1, 15-11-4, 15-11-4.1, 15-11-5, 15-11-5.1, 15-11-6 through 15-11-9, 15-11-9.1, 15-11-10 through 15-11-17, 15-11-17.1 (Part 1 o…