Title 15

(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. (b) The cost of any ordered evaluation shall be paid by the moving party un…

(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…

(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) 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 advance of each hearing to terminate parental rights, DFCS shall give written notice of the date, time, place, and purpose of the hearing to the caregiver of the child at issue, the foster parents of such child, if any, any preadoptive parent, or any relative providing car…

(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 respondent for any purpose whatsoever, except in subsequent dependency …

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 considering the termination of parental rights, the court shall first determine whether one of the following statutory grounds for termination of parental rights has been met: (1) The parent has given written consent to termination which has been acknowledged by the court o…

(a) In determining whether a child is without proper parental care and control, the court shall consider, without being limited to, the following: (1) A medically verified deficiency of such child’s parent’s physical, mental, or emotional health that is of such duration or nature s…

(a) When the court finds that any ground set out in Code Section 15-11-310 is proved by clear and convincing evidence and that termination of parental rights is in a child’s best interests, it shall order the termination of the parent’s rights. (b) The court’s order shall: (1) (Fo…

(a) When a court enters an order terminating the parental rights of a parent or accepts a parent’s voluntary surrender of parental rights, or a petition for termination of parental rights is withdrawn because a parent has executed an act of surrender in favor of the department, a…

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 …

(a) After the court has granted a termination of parental rights, and during the dispositional phase of such case contemplated in Code Section 15-11-321 and in any post-dispositional review under Code Section 15-11-322, the court shall in making its disposition consider the testi…

(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 meet objective eligibility criteria established by DFCS, which shall include on…

(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 …

(a) When a child is receiving services under this article, the date such child is considered to have entered foster care shall be 60 days after such child signed the voluntary placement agreement. (b)(1) No later than 12 months after a child is considered to have entered foster c…

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 …

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…

(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…

(a) The continued custody hearing for a child alleged to be a child in need of services shall be held promptly and no later than: (1) Twenty-four hours, excluding weekends and holidays, after such child is taken into temporary custody if he or she is being held in a secure reside…

(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…

(a) The court shall appoint an attorney for a child alleged to be a child in need of services. (b) The court may appoint a guardian ad litem for a child alleged to be a child in need of services at the request of such child’s attorney or upon the court’s own motion if it determin…

A continuance shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the moving party at the hearing on such motion. Whenever any continuance is granted, the facts which require the continuance shall be entered into the court …

If a child is alleged or adjudicated to be a child in need of services and is placed in foster care, the child shall be required to have a case plan. In addition to the case plan requirements of Code Section 15-11-201, a case plan shall include: (1) A description of such child’s …

Any proceeding or other processes or actions alleging for the first time that a child is a runaway shall be terminated or dismissed upon the request of such child’s parent, guardian, or legal custodian or a prosecuting attorney. History. — Code 1981, § 15-11-405, enacted by Ga. L.…

(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 …

(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…

(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…

(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…

(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…

(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…

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…

(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…

(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…

(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…

(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…

(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…