Title 15

A law enforcement officer or agency or DFCS shall refer any child suspected of being a victim of sexual exploitation or trafficking under Code Section 16-5-46 to an available victim assistance organization, as certified by the Criminal Justice Coordinating Council pursuant to Code…

(a) Notwithstanding Code Section 15-11-133, a physician licensed to practice medicine in this state who is treating a child may take or retain temporary protective custody of such child, without a court order and without the consent of his or her parent, guardian, or legal custod…

(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) A child may be removed from his or her home, without the consent of his or her parents, guardian, or legal custodian: (1) Pursuant to an order of the court under this article; or (2) By a law enforcement officer or duly authorized officer of the court if: (A) A child is in im…

(a) Temporary alternatives to foster care may be ordered by the court ex parte, prior to a preliminary protective hearing, or may be ordered following a preliminary protective hearing. A temporary alternative to foster care may include one or more of the following: (1) A temporar…

(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) 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 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) 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, and any other persons who appear to the court to be proper …

(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…

(a) If service of summons upon a party is made by publication, the court may conduct a provisional hearing upon the allegations of the petition alleging dependency and enter an interlocutory order of disposition if: (1) The petition alleges dependency of a child; (2) The 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…

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…

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…

(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…

(a) Except as provided in subsection (a) of Code Section 15-11-203, reasonable efforts shall be made to preserve or reunify families: (1) Prior to the placement of an alleged dependent child in DFCS custody to prevent the need for removing him or her from his or her home; or (2) …

(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) 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: (1) Why the best interests and safety of a child adjudicated as a dependent child are se…

(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) Not less than five days in advance of any placement change, DFCS shall, in writing, notify the court, a child who is 14 years of age or older, the child’s parent, guardian, or legal custodian, the person or agency with physical custody of the child, the child’s attorney, the c…

(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) At the conclusion of a periodic review hearing, or upon review of a report by a judicial citizen review panel, the court shall issue written findings of fact that include: (1) Why a child adjudicated as a dependent child continues to be a dependent child; (2) Whether the exist…

(a) Before a child’s placement in a qualified residential treatment program, but no later than 30 days following the start of such placement, a qualified individual shall: (1) Assess the strengths and needs of the child using an age-appropriate, evidence based, validated, functiona…

(a) Within 60 days of the start of a child’s placement in a qualified residential treatment program, the court must: (1) Consider the assessment required by Code Section 15-11-219 determination, and documentation made by the qualified individual in approving the placement; (2) Dete…

(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) In addition to the jurisdiction to appoint guardians pursuant to Code Section 15-11-13, the juvenile court shall be vested with jurisdiction to appoint a permanent guardian for a child adjudicated as a dependent child in accordance with this article. Prior to the entry of suc…

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) 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…