Title 15 — Courts

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: 913 15-11-213 (1) Why the best interests and safety of a child adjudicated as a dependen…

(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 app…

(a) All cases of children in DFCS custody shall be initially reviewed within 75 days following a child adjudicated as a dependent child’s removal from his or her home and shall be conducted by the court. An additional periodic review shall be held within four months following the…

(a) In the event the periodic review of a case is conducted by a judicial citizen review panel, the panel shall transmit its report and that of DFCS, including its findings and recommendations together with DFCS proposed revised plan for reunification or other permanency plan, if n…

(a) The parties shall sign and date a written agreement to mediate. The agreement to mediate shall identify the controversies between the parties, affirm the parties’ intent to resolve such controversies through mediation, and specify the circumstances under which mediation may c…

PART 8 ADJUDICATION 15-11-180. 15-11-181. Disposition hearing.

(a) Upon issuing a referral to mediation the court may stay the proceeding. (b) Mediation shall occur as soon as practicable and be scheduled within 30 days of the order referring the matter to mediation unless the time frame is extended by the court. (c) The court may extend the…

(a) The court shall hold a permanency plan hearing to determine the future permanent legal status of each child in DFCS custody. (b) A permanency plan hearing, which considers in-state and out-of-state placement options for a child adjudicated as a dependent child, shall be held:…

At least five days prior to the permanency plan hearing, DFCS shall submit for the court’s consideration a report recommending a permanency plan for a child adjudicated as a dependent child. The report shall include documentation of the steps to be taken by DFCS to finalize the per…

(a) At the permanency plan hearing, the court shall make written findings of fact that include the following: (1) Whether DFCS has made reasonable efforts to finalize the permanency plan which is in effect at the time of the hearing; (2) The continuing necessity for and the safety …

(a) Except as provided in subsection (b) of this Code section, DFCS shall file a petition to terminate the parental rights of a parent of a child adjudicated as a dependent child or, if such a petition has been filed by another party, seek to be joined as a party to the petition, a…

(a) Any party in a mediation may withdraw from or terminate further participation in mediation at any time. 688 15-11-26 (b) A mediator shall terminate mediation when: (1) The mediator concludes that the participants are unable or unwilling to participate meaningfully in the proc…

The petition for the appointment of a permanent guardian pursuant to this part shall set forth: (1) The facts upon which the court’s jurisdiction is based; (2) The name and date of birth of the child adjudicated as a dependent child; (3) The name, address, and county of domicile …

(a) Permanent guardianship orders entered pursuant to Code Section 15-11-240 shall: (1) Remain in effect until the child adjudicated as a dependent child reaches the age of 18 or becomes emancipated; (2) Not be subject to review by the court except as provided in Code Section 15-…

(a) Notice of a guardianship petition pursuant to this part shall be given to a parent of the child who was adjudicated as a dependent child and shall also be given in accordance with subsection (c) of Code Section 29-2-17 except that, if the parents have consented to the guardia…

(a) The court shall retain jurisdiction over a guardianship action under this part for the sole purpose of entering an order following the filing of a petition to modify, vacate, or revoke the guardianship and appoint a new guardian. (b) The superior courts shall have concurrent j…

(a) All mediation agreements shall be presented to the juvenile court judge for approval. (b) The mediation agreement shall be made an order of the court unless, after further hearing, the court determines by clear and convincing evidence that the agreement is not in the best int…

Whenever a best interests determination is required, the court shall consider and evaluate all of the factors affecting the best interests of the child in the context of such child’s age and developmental needs. Such factors shall include: (1) The physical safety and welfare of s…

(a) The purpose of this article is: (1) To protect a child who has been adjudicated as a dependent child from his or her parent who is unwilling or unable to provide safety and care adequate to meet such child’s physical, emotional, and mental health needs by providing a judicial…

(a) An order terminating the parental rights of a parent shall be without limit as to duration and shall divest the parent and his or her child of all legal rights, powers, privileges, immunities, duties, and obligations with respect to each other, except: (1) The right of such c…

(a) Upon motion of any party or the court, the court may require a physical or mental evaluation of a child adjudicated as a dependent child or his or her parent, stepparent, guardian, or legal custodian. 954 15-11-264 (b) The cost of any ordered evaluation shall be paid by the m…

(a) In all cases under this article, any party shall, upon written request to the party having actual custody, control, or possession of the material to be produced, have full access to the following for inspection, copying, or photographing: (1) The names and telephone numbers o…

Once a petition to terminate parental rights has been filed, the parent of a child adjudicated as a dependent child shall thereafter be without authority to affect the custody of his or her child except such parent may: (1) Consent to a judgment terminating his or her parental rig…

(See Editor’s notes.) Definitions. Direct calendaring. Other laws apply to chapter. Computations of time. Computation of age. Court of inquiry. Court of record. Authority to issue arrest warrants. Exclusive original jurisdiction. Concurrent jurisdiction. Dual designation of childr…

(a) A proceeding under this article shall be commenced: (1) In the county that has jurisdiction over related dependency proceedings; (2) In the county in which a child legally resides; (3) In the county in which a child is present when the termination proceeding is commenced if s…

(a) No admission, confession, or incriminating information obtained from a child in the course of any screening that is undertaken in conjunction with proceedings under this chapter, including but not limited to court ordered screenings, shall be admitted into evidence in any adj…

(a) A petition to terminate parental rights and all subsequent court documents in such proceeding shall be entitled ‘‘In the interest of , a child.’’, except upon appeal, in which event the anonymity of a child shall be preserved by use of appropriate initials. The petition shall…

(a) The court shall direct the issuance of a summons to the mother, legal father or biological father, guardian, legal custodian, attorney, and guardian ad litem, if any, of the child named in the petition to terminate parental rights and any other persons who appear to the court…

(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 30 days before the termination of parental rights hearing. (b) If a party to be served is within this state an…

(a) Unless he has surrendered all parental rights to his child, a summons shall be served in the same manner as set forth in Code Section 15-11-282 on the biological father: (1) Whose paternity has been previously established in a judicial proceeding to which the father was a par…

The notice required to be given to the mother, the biological father, and legal father of the child shall state: ‘‘NOTICE OF EFFECT OF TERMINATION JUDGMENT Georgia law provides that you can permanently lose your rights as a parent. A petition to terminate parental rights has been…

(a) If any person named in and properly served with a summons shall without reasonable cause fail to appear or, when directed in the summons, to bring the child named in the petition pursuant to this article before the court, then the court may issue a rule nisi against the perso…

(a) In any proceeding under this chapter, either on application of a party or on the court’s own motion, the court may make an order restraining or otherwise controlling the conduct of a person if due notice of the application or motion and the grounds therefor and an opportunity…

(a) In any proceeding involving a child in need of services or a delinquent child or when a case plan has been imposed under Code Sections 15-11-38 and 15-11-39, upon the application of the prosecuting attorney or a party to the plan under Code Sections 15-11-38 and 15-11-39, or …

Through direct calendaring, whenever possible, a single judge shall hear all successive cases or proceedings involving the same child or family. History. — Code 1981, § 15-11-3, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242. 15-11-4. Other laws apply to chapter.

A legal custodian has the right to physical custody of a child, the right to determine the nature of the care and treatment of such child, including ordinary medical care, and the right and duty to provide for 697 15-11-30 the care, protection, training, and education and the phy…

(a) If no just cause has been shown for delay, all hearings contemplated by this article shall be conducted within 90 days of the date a petition to terminate parental rights is filed. (b) If no just cause for delay has been shown by written finding of fact by the court, an order o…

The record of the testimony of the parties adduced in any proceeding under this article shall not be admissible in any civil, criminal, or any other cause or proceedings in any court against a person named as 981 15-11-304 respondent for any purpose whatsoever, except in subseque…

In all proceedings under this article, the standard of proof to be adduced to terminate parental rights shall be by clear and convincing evidence. History. — Code 1981, § 15-11-303, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

Except as provided in this Code section, hearings to terminate parental rights shall be conducted in accordance with Title 24. Testimony or other evidence relevant to determining whether a statutory ground for termination of parental rights exists may not be excluded on any groun…

(a) In addition to all other inherent powers of the court to enforce its lawful orders, the court may punish an adult for contempt of court by imprisonment for not more than 20 days or a fine not to exceed $1,000.00 for willfully disobeying an order of the court or for obstructing…

(a) An order of the court shall be set aside if: (1) It appears that it was obtained by fraud or mistake sufficient therefor in a civil action; (2) The court lacked jurisdiction over a necessary party or the subject matter; or (3) Newly discovered evidence so requires. (b) An ord…

If a petition seeking the adoption of a child whose parents have had their parental rights terminated or surrendered is not filed within six months after the date of the disposition order, the court shall then, and at least every six months thereafter so long as such child remains…

(a) A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights or the parent voluntarily surrendered parental rights to DFCS and for whom the court has determined that adoption is no longer the permanent plan may …

PART 3 15-11-281. 15-11-282. 15-11-283. 15-11-284. 15-11-285. 15-11-300. (For effective date, see note.) Termination of parental rights; findings; standard of proof. Custody of child following termination proceedings or surrender of parental rights. Continuing court review when ch…

Except as otherwise provided by Code Section 17-10-14, a child shall not be committed to an adult correctional facility or other facility used primarily for the execution of sentences of persons convicted of a crime. History. — Code 1981, § 15-11-34, enacted by Ga. L. 2013, p. 29…

(a) A child may receive extended care youth services from DFCS. In order to receive such services, he or she must be between 18 and 21 years of age, sign a voluntary placement agreement with DFCS, and 1078 15-11-340 meet objective eligibility criteria established by DFCS, which s…

(a) No later than 120 days after a voluntary placement agreement is signed by a child, DFCS shall file with the court a written report which shall contain the following: (1) The child’s name, date of birth, race, gender, and current address; (2) Facts to support a finding that the …

Written report to court; review hearing and findings. Determination of dates; periodic review hearings; role of DFCS in hearing and transition planning. PART 4 Article 5 HEARINGS Child in Need of Services (For effective date, see note.) Notice of hearings to specified parties; requ…

In all cases of final judgments of the juvenile court, appeals shall be taken to the Court of Appeals or the Supreme Court in the same manner as appeals from the superior court. However, no such judgment or order shall be superseded or modified except in the discretion of the trial…