Title 15 — Courts

Upon application of a party, the court, or any authorized officer of the court, the clerk of the court shall issue subpoenas in accordance with the provisions of Title 24 requiring attendance and testimony of witnesses and production of evidence at any hearing under this chapter.…

The petitioner shall have the burden of proving the allegations of a dependency petition by clear and convincing evidence. History. — Code 1981, § 15-11-180, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

(a) The court shall fix a time for an adjudication hearing. If the alleged dependent child is in foster care, the hearing shall be scheduled for no later than ten days after the filing of the petition alleging dependency. If the alleged dependent child is not in foster care, but th…

(a) A party has the right to be present, to be heard, to present evidence material to the proceedings, to cross-examine witnesses, to examine pertinent court files and records, and to appeal the orders of the court; provided, however, that the court shall retain the discretion to …

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. History. — Code 19…

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…

State, 297 Ga. App. 228, 676 S.E.2d 871 (2009), cert. denied, No. S09C1300, 2009 Ga. LEXIS 406 (Ga. 2009) (decided under former O.C.G.A. § 15-11-2). Carrying weapon on school grounds Class B felony. — Juvenile court erred by modifying the juvenile’s disposition after determining …

(a) At any time during a proceeding under this chapter, the court may refer a case to mediation. (b) When referring a case to mediation, the court shall take into consideration the guidelines from the Georgia Commission of Dispute Resolution for mediating cases involving domestic…

(a) Within 30 days of the date a child who is placed in DFCS custody is removed from his or her home and at each subsequent review of the disposition order, DFCS shall submit a written report to the court which shall either: (1) Include a case plan for a reunification of the famil…

(a) A case plan shall be designed to achieve placement in the most appropriate, least restrictive, and most family-like setting available and in close proximity to the alleged dependent child’s parent’s home, consistent with the best interests and special needs of such child, and…

DFCS case plan; contents. Reasonable efforts by DFCS to preserve or reunify families. 15-11-240. 15-11-241. 602 Appointment of permanent guardian; jurisdiction; findings. Petition for permanent guardian. T.15, C.11 Sec. 15-11-242. 15-11-243. 15-11-244. T.15, C.11 JUVENILE CODE Eff…

(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 …

(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 tha…

(a) Once an order referring a case to mediation has been signed, the court shall appoint a mediator from a list of court approved mediators who are registered with the Georgia Office of Dispute Resolution to mediate juvenile court cases. (b) The court shall appoint a qualified med…

(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, …

(a) A diligent search shall be initiated at the outset of a case under this article and shall be conducted throughout the duration of a case, when appropriate. (b) A diligent search shall include at a minimum: (1) Interviews with the child’s parent during the course of an investi…

(a) The court may make any of the following orders of disposition or a combination of those best suited to the protection and physical, emotional, mental, and moral welfare of a child adjudicated as a dependent child: (1) Permit such child to remain with his or her parent, guardi…

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…