Title 15 — Courts
0 chapters · 823 sections in this title.
O.C.G.A. § 15-11-29.1 Parental accountability; court orders; enforcement
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(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 …
O.C.G.A. § 15-11-3 Direct calendaring
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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.
O.C.G.A. § 15-11-30 Rights and duties of legal custodian
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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…
O.C.G.A. § 15-11-301 Expedited hearings; orders
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(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…
O.C.G.A. § 15-11-302 Confidentiality of testimony of parties
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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…
O.C.G.A. § 15-11-303 Standard of proof
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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.
O.C.G.A. § 15-11-304 Applicability of Title 24; privileges
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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…
O.C.G.A. § 15-11-31 Contempt powers; other sanctions
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(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…
O.C.G.A. § 15-11-32 Modification or vacation of orders; retroactive application
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(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…
O.C.G.A. § 15-11-322 Continuing court review when child not adopted
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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…
O.C.G.A. § 15-11-323 Reinstatement of parental rights; standard of proof
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(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 …
O.C.G.A. § 15-11-324 Venue
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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…
O.C.G.A. § 15-11-34 Commitment to adult correctional facility prohibited
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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…
O.C.G.A. § 15-11-340 Criteria for receiving services; development of transition plan; termination
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(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…
O.C.G.A. § 15-11-341 Written report to court; review hearing and findings
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(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 …
O.C.G.A. § 15-11-342 Criteria for receiving services; development of transition plan; termination
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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…
O.C.G.A. § 15-11-35 Appeals
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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…
O.C.G.A. § 15-11-37 Supervision fees
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(a) The court may collect supervision fees from those who are placed under the court’s formal or informal supervision in order that the court may use those fees to expand the provision of the following types of ancillary services: (1) Housing in nonsecure residential facilities; …
O.C.G.A. § 15-11-38 Community based risk reduction programs
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(a) Any court may order the establishment of a community based risk reduction program, within the geographical jurisdiction of the court, for the purpose of utilizing available community resources in assessment and intervention in cases of delinquency, dependency, or children in …
O.C.G.A. § 15-11-380 Purpose of article
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The purpose of this article is: (1) To acknowledge that certain behaviors or conditions occurring within a family or school environment indicate that a child is experiencing serious difficulties and is in need of services and corrective action in order to protect such child from …
O.C.G.A. § 15-11-381 Definitions
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As used in this article, the term: (1) ‘‘Comprehensive services plan’’ means an interagency treatment, habilitation, support, or supervision plan developed collaboratively by state or local agency representatives, parties, and other interested persons following a court’s finding t…
O.C.G.A. § 15-11-390 Filing of complaint
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(a) A complaint alleging a child is a child in need of services may be made by any person, including a law enforcement officer, who has knowledge of the facts alleged or is informed and believes that such facts are true. A prosecuting attorney may file a complaint alleging a child…
O.C.G.A. § 15-11-4 Other laws apply to chapter
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Where procedures are not provided in this chapter, the court shall proceed in accordance with: (1) Title 17 in a delinquency proceeding; and (2) Chapter 11 of Title 9 in all other matters. History. — Code 1981, § 15-11-4, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.
O.C.G.A. § 15-11-40 Information sharing; confidentiality
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(a) Notwithstanding any provision contained in this chapter or in any rule or regulation adopted by any department, board, or agency of the state to the contrary, the court and any individual, public or private agency, or other entity participating in a community based risk reduc…
O.C.G.A. § 15-11-401 Child in need of services; venue
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(a) A proceeding under this article may be commenced in the county in which the act complained of took place or in the county in which the child alleged to be a child in need of services legally resides. (b) If a proceeding is commenced in the county in which the act complained o…
O.C.G.A. § 15-11-41 Compliance with privacy laws
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(a) Except as otherwise provided in Code Section 15-11-710, entities governed by federal or state privacy laws may require the following before sharing confidential information: (1) For release of child abuse records by the department, a subpoena and subsequent order of the court …
O.C.G.A. § 15-11-410 Taking a child into temporary custody
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(a) A child may be taken into temporary custody under this article: (1) Pursuant to a court order; or (2) By a law enforcement officer when there are reasonable grounds to believe that a child has run away from his or her parent, guardian, or legal custodian or the circumstances …
O.C.G.A. § 15-11-411 Temporary custody; time limitations
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(a) A person taking a child into temporary custody pursuant to Code Section 15-11-410 shall not exercise custody over such child except for a period of 12 hours. (b) Immediately after a child is taken into custody, every effort shall be made to contact such child’s parents, guard…
O.C.G.A. § 15-11-412 Temporary detention; place of custody
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(a) A child alleged to be a child in need of services may be held in a secure residential facility or nonsecure residential facility until a continued custody hearing is held, provided that a detention assessment has been administered and such child is not held in a secure reside…
O.C.G.A. § 15-11-413 Continued custody hearing
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(a) If a child alleged to be a child in need of services is being held in a secure residential facility or nonsecure residential facility, a continued custody hearing shall be held within 24 hours, excluding weekends and holidays. If such hearing is not held within the time speci…
O.C.G.A. § 15-11-414 Continued custody hearing; findings
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(a) At the commencement of a continued custody hearing, the court shall inform the parties of: (1) The nature of the allegations; (2) The nature of the proceedings; (3) The possible consequences or dispositions that may apply to such child’s case following adjudication; and (4) T…
O.C.G.A. § 15-11-415 Detention decision; findings
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(a) Restraints on the freedom of a child prior to adjudication shall be imposed only when there is probable cause to believe that a child committed the act of which he or she is accused, there is clear and convincing evidence that such child’s freedom should be restrained, that n…
O.C.G.A. § 15-11-420 Authority to file petition
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A petition alleging that a child is a child in need of services may be filed by a parent, a guardian, a legal custodian, a law enforcement officer, a guardian ad litem, an attorney who has knowledge of the facts alleged or is informed and believes that such facts are true, or a pr…
O.C.G.A. § 15-11-421 Time limitations for filing petition
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(a) If a child alleged to be a child in need of services is not released from temporary custody at a continued custody hearing, a petition seeking an adjudication that such child is a child is in need of services shall be filed within five days of such continued custody hearing. (b…
O.C.G.A. § 15-11-422 Content of petitions
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(a) A petition seeking an adjudication that a child is a child in need of services shall be verified and may be on information and belief. It shall set forth plainly and with particularity: (1) The facts which bring a child within the jurisdiction of the court, with a statement th…
O.C.G.A. § 15-11-423 Issuance of summons
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(a) The court shall direct the issuance of a summons to the child alleged to be a child in need of services, his or her parent, guardian, or legal custodian, DFCS and any other public agencies or institutions providing services, and any other persons who appear to the court to be…
O.C.G.A. § 15-11-424 Service of summons
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(a) If a party to be served with a summons pursuant to Code Section 15-11-423 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 wi…
O.C.G.A. § 15-11-425 Sanctions for failure to obey summons
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(a) In the event a parent, guardian, or legal custodian of a child alleged to be a child in need of services willfully fails to appear personally at a hearing on the petition seeking an adjudication that a child is a child in need of services after being ordered to so appear or s…
O.C.G.A. § 15-11-440 Standard of proof
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The petitioner, or prosecuting attorney when representing the state, has the burden of proving the allegations of a child in need of services petition by clear and convincing evidence. History. — Code 1981, § 15-11-440, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2015, p…
O.C.G.A. § 15-11-441 Adjudication hearing
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(a) If a child alleged to be a child in need of services is in continued custody, the adjudication hearing shall be scheduled to be held no later than ten days after the filing of the petition seeking an adjudication that such child is a child in need of services. If such child is…
O.C.G.A. § 15-11-443 Duration of disposition orders
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(a) An order of disposition shall be in effect for the shortest time necessary to accomplish the purposes of the order and for not more than two years. A written disposition order shall state the length of time the order is to be in effect. An order of extension may be made if: (…
O.C.G.A. § 15-11-444 Probation revocation
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(a) An order granting probation to a child adjudicated to be a child in need of services may be revoked on the ground that the conditions of probation have been violated. (b) Any violation of a condition of probation may be reported to any person authorized to make a petition all…
O.C.G.A. § 15-11-445 Disposition reviews; time limitations
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The court shall review the disposition of a child in need of services at least once within three months after such disposition and at least every six months thereafter so long as the order of disposition is in effect. History. — Code 1981, § 15-11-445, enacted by Ga. L. 2013, p. …
O.C.G.A. § 15-11-451 Hearing on mental health plan; time limitations
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(a) The court shall hold a comprehensive services plan hearing within 30 days after the comprehensive services plan has been submitted to the court for the purpose of approving the plan. Thereafter, the court shall hold a comprehensive services plan hearing every six months for t…
O.C.G.A. § 15-11-470 Purpose of article
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The purpose of this article is: (1) Consistent with the protection of the public interest, to hold a child committing delinquent acts accountable for his or her actions, taking into account such child’s age, education, mental and physical condition, background, and all other rele…
O.C.G.A. § 15-11-471 Definitions
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As used in this article, the term: (1) ‘‘AIDS transmitting crime’’ shall have the same meaning as set forth in Code Section 31-22-9.1. (2) ‘‘Behavioral health evaluation’’ means a court ordered evaluation completed by a licensed psychologist or psychiatrist of a child alleged to …
O.C.G.A. § 15-11-472 Delinquency case time limitations
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(a) A detention hearing shall be held promptly and no later than: (1) Two business days after an alleged delinquent child is placed in preadjudication custody if he or she is taken into custody without an arrest warrant; or (2) Five business days after an alleged delinquent child…
O.C.G.A. § 15-11-474 Parties in a delinquency proceeding; notice to DJJ
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(a) An alleged delinquent child and the state shall be parties at all stages of delinquency proceedings. (b) A parent, guardian, or legal custodian of an alleged delinquent child shall have the right to notice, the right to be present in the courtroom, and the opportunity to be h…
O.C.G.A. § 15-11-475 Right to attorney; waiver
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(a) An alleged delinquent child shall have the right to be represented by an attorney at all proceedings under this article. 1164 15-11-475 (b) A parent, guardian, or legal custodian of an alleged delinquent child shall not waive his or her child’s right to be represented by an a…
O.C.G.A. § 15-11-476 Appointment of guardian ad litem
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(a) The court shall appoint a guardian ad litem whenever: 1168 15-11-477 (1) An alleged delinquent child appears before the court without his or her parent, guardian, or legal custodian; (2) It appears to the court that a parent, guardian, or legal custodian of an alleged delinqu…