Title 15 — Courts

The style of any action, other than a proceeding brought pursuant to Chapter 7 of Title 44, relating to landlord and tenant, brought in the magistrate court by the assignee of the obligee of any obligation shall show the action in the name of the original obligee by the assignee.…

(a) Any magistrate court may provide for the filing of civil, garnishment, distress warrant, dispossessory, foreclosure, abandoned motor vehicle, and all other noncriminal actions, claims, answers, counterclaims, pleadings, postjudgment interrogatories, and other documents by elec…

(a) Except as provided in subsections (b) and (c) of this Code section or unless the court orders otherwise, a filing with the court that contains a social security number, taxpayer identification number, financial account number, or birth date shall include only: (1) The last four …

The chief magistrate may with the approval of the chief judge of superior court adopt local rules for the court not inconsistent with law and the rules adopted by the Supreme Court. History. — Code 1981, § 15-10-6, enacted by Ga. L. 1983, p. 884, § 2-1.

(a) This article governs trials of violations of county ordinances and ordinances of state authorities, which violations may be punished by incarceration or monetary penalty. Nothing in this chapter shall grant to any county or state authority more authority to enact or enforce s…

(a) Prosecutions for violations of county ordinances shall be upon citation as provided in Code Section 15-10-63 or upon accusation by the county attorney or such other attorney as the county governing authority may designate. Prosecutions for violations of ordinances of state au…

(a) The governing authority of any county or any state authority may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations. (b) Each citation shall state the time and place at which the accused is to appea…

(a) The chief magistrate of each county may by written order establish a schedule of cash bonds for the personal appearance in court of any person charged with a violation of an ordinance. The chief magistrate shall designate the officer or officers authorized to accept cash bond…

(a) Execution may issue immediately upon any fine imposed by the court and not immediately paid. (b) The sheriff of the county shall receive and house all persons sentenced to confinement for contempt or arrested or sentenced to confinement for violation of ordinances. History. — Co…

Review of convictions shall be by certiorari to the superior court. History. — Code 1981, § 15-10-65, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1987, p. 448, § 2. 15-10-66. Prosecuting attorney.

The county attorney or another attorney designated by the county governing authority may act as prosecuting attorney for violations of county ordinances; and any attorney designated by the affected state authority may act as prosecuting attorney for violation of state authority o…

(a) There is created a council of magistrate court judges to be known as the ‘‘Council of Magistrate Court Judges.’’ The council shall be composed of the chief magistrates, magistrates, and senior magistrates of the magistrate courts of this state. The council is authorized to or…

In cases of conviction of violation of county ordinances, costs of not more than $70.00 may be taxed against the defendant. History. — Code 1981, § 15-10-81, enacted by Ga. L. 1983, p. 884, § 2-1; Ga. L. 1984, p. 1096, § 11; Ga. L. 2010, p. 9, § 1-41/HB 1055. 15-10-82. Hearing fe…

For levying on executions and conducting judicial sales constables shall collect the same fees as are charged by sheriffs. 573 15-10-86 History. — Code 1981, § 15-10-83, enacted by Ga. L. 1983, p. 884, § 2-1.

For administering any oath other than in connection with a matter before the court, a magistrate shall collect a fee of $1.00. History. — Code 1981, § 15-10-84, enacted by Ga. L. 1983, p. 884, § 2-1. 15-10-85. Fees and costs to be deposited into county treasury.

All fees, costs, and other funds collected by officers of the magistrate court shall be accounted for and paid into the county treasury not less often than once a month. History. — Code 1981, § 15-10-85, enacted by Ga. L. 1983, p. 884, § 2-1. 15-10-86. Law library fees.

Law library fees shall not be charged unless otherwise provided by local law. History. — Code 1981, § 15-10-86, enacted by Ga. L. 1983, p. 884, § 2-1.

The purpose of this chapter is to secure for each child who comes within the jurisdiction of the juvenile court such care and guidance, preferably in his or her own home, as will secure his or her moral, emotional, mental, and physical welfare as well as the safety of both the ch…

Except as provided in Code Section 15-11-560, the juvenile court shall have exclusive original jurisdiction over juvenile matters and shall be the sole court for initiating action: (1) Concerning any child who: (A) Is alleged to be a delinquent child; (B) Is alleged to be a child…

The purpose of this article is: 770 15-11-100.1 (1) To assist and protect children whose physical or mental health and welfare is substantially at risk of harm from abuse, neglect, or exploitation and who may be further threatened by the conduct of others by providing for the res…

(a) A preliminary protective hearing shall be held promptly and no later than 72 hours after a child is placed in foster care, provided that, if the 72 hour time frame expires on a weekend or legal holiday, such hearing shall be held on the next day which is not a weekend or lega…

(a) A child and any other party to a proceeding under this article shall have the right to an attorney at all stages of the proceedings under this article. (b) The court shall appoint an attorney for an alleged dependent child. The appointment shall be made as soon as practicable…

(a) A guardian ad litem shall advocate for a child’s best interests in the proceeding for which the guardian ad litem has been appointed. (b) In determining a child’s best interests, a guardian ad litem shall consider and evaluate all of the factors affecting the best interests o…

(a)(1) Before executing duties as a CASA, and upon completion of all the requirements of an affiliate court appointed special advocate program, a CASA shall be sworn in by a judge of the juvenile court in the court or circuit in which he or she wishes to serve. A CASA shall not b…

(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 revie…

The juvenile court shall have concurrent jurisdiction to hear: (1) Any legitimation petition filed pursuant to Code Section 19-7-22 concerning a child alleged to be dependent; (2) Any legitimation petition transferred to the court by proper order of the superior court; (3) The iss…

(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 chi…

(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 appropr…

(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 …

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…

(a) Nothing in this chapter shall be construed to prevent a child from being adjudicated both a dependent child and a delinquent child or both a dependent child and a child in need of services if there exists a factual basis for such a finding. (b) If a child alleged or adjudicate…

(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…

The court shall have jurisdiction to appoint a guardian of the person of any child in any proceeding authorized by this chapter. Any such appointment shall be made pursuant to the same requirements of notice and hearing as are provided for appointments of guardians of the persons…

(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 …

(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 p…

(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 …

(a) The court shall hold a hearing within 30 days of receipt of a case transferred from the probate court pursuant to subsection (f ) of Code Section 29-2-6 or subsection (b) of Code Section 29-2-8. (b) After notice and hearing, the court may make one of the following orders: (1)…

(a) If an alleged dependent child is removed from his or her home and is not returned home, the preliminary protective hearing shall be held promptly and not later than 72 hours after such child is placed in foster care; provided, however, that if the 72 hour time frame expires o…

(a) At the preliminary protective hearing, the court shall determine: (1) Whether there is probable cause to believe a child is a dependent child; and (2) Whether protective custody of a child is necessary to prevent abuse or neglect pending the hearing on the dependency petition…

(a) In handling divorce, alimony, habeas corpus, or other cases involving the custody of a child, a superior court may transfer the question of the determination of custody, support, or custody and support to the juvenile court either for investigation and a report back to the su…

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…

(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…

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 th…

(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 includ…

(a) A proceeding under this chapter may be commenced: (1) By an order of transfer of a case from another court as provided in Code Section 15-11-11 or 15-11-567, subsection (f ) of Code Section 29-2-6, or subsection (b) of Code Section 29-2-8; (2) By the summons, notice to appear…

(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, 832 15-11-160 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 72 hours before the adjudication hearing. (b) If a party to be served is within this state and cannot be found…

(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, th…

Time limitations for filing petition. Contents of petition. Amendment of petition. 15-11-214. 15-11-215. PART 6 15-11-216. SUMMONS AND SERVICE 15-11-217. Issuance of summons.

(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…