CopyCited 24 times | Published | Supreme Court of Georgia | May 23, 2005 | 279 Ga. 323, 2005 Fulton County D. Rep. 1577
...[5] Similarly, no professional relationship is formed because no mental health treatment is given or contemplated when a court, acting pursuant to OCGA §
9-11-35, orders a plaintiff in a tort action to undergo a psychiatric examination ( Roberts v. Forte Hotels,
227 Ga.App. 471(7),
489 S.E.2d 540 (1997)), or, invoking OCGA §
15-11-100, orders persons involved in a parental rights' termination action to undergo a mental evaluation....
CopyCited 15 times | Published | Supreme Court of Georgia | Jun 29, 2018 | 304 Ga. 114
...quire the continuance." OCGA §
15-11-110 (b).13 Thus, OCGA §
15-11-110 's requirements significantly advance the purpose of "ensur[ing] that dependency proceedings are conducted expeditiously to avoid delays in permanency plans for children." OCGA §
15-11-100 (2).14
In its order denying the parents' motion to dismiss, the juvenile court addressed its prior decision to continue the October 22, 2015 hearing, and stated that it had "fully considered all requirements set **119forth in O.C.G.A....
...But, that continuance order did not meet the requirements of OCGA §
15-11-110, and it was that flawed continuance order that caused the failure to meet the adjudication time limit of OCGA § 15-11-118 (a). The General Assembly has stated that dependency proceedings are to be completed expeditiously, OCGA §
15-11-100 (2), dismissal of a petition without prejudice furthers that goal by imposing a consequence for a failure to meet the statutory time requirements, see In the Interest of M.D.H....
...However, here the case was called and the parties were present and ready for a hearing when the court orally ruled that it would be continued, and it appears that scheduling a separate hearing would not have been required, assuming that the facts then presented showed a continuance to be necessary.
OCGA §
15-11-100 reads:
The purpose of this article is:
(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 conduc...
CopyCited 11 times | Published | Supreme Court of Georgia | Jun 29, 2018
...hat it would be continued,
8
significantly advance the purpose of “ensur[ing] that dependency proceedings
are conducted expeditiously to avoid delays in permanency plans for children.”
OCGA §
15-11-100 (2).14
In its order denying the parents’ motion to dismiss, the juvenile court
addressed its prior decision to continue the October 22, 2015 hearing, and stated
that it had “fully considered all requirements set forth in O.C.G.A....
...“good cause.” However, In the Interest of D. T. was decided under a former
and it appears that scheduling a separate hearing would not have been required, assuming that the
facts then presented showed a continuance to be necessary.
14
OCGA §
15-11-100 reads:
The purpose of this article is:
(1) To assist and protect children whose physical or mental health and welfare
is substantially at risk of harm from abuse, neglect, or exploitat...
...But, that continuance order did not meet the requirements of OCGA §
15-11-110, and it was that flawed continuance order that caused the failure to
meet the adjudication time limit of OCGA §
15-11-181 (a). The General
Assembly has stated that dependency proceedings are to be completed
expeditiously, OCGA §
15-11-100 (2), dismissal of a petition without prejudice
furthers that goal by imposing a consequence for a failure to meet the statutory
time requirements, see In the Interest of M....
Published | Supreme Court of Georgia | Dec 9, 2025
...from her parent’s home due to parental unfitness, even temporary
removal, is governed by Article 3 of the Juvenile Code, and contains
elaborate procedural and substantive requirements for such
removal that the Equitable Caregiver Statute does not begin to
replace. See OCGA §
15-11-100 et seq.8 And to the extent that Lair
means to suggest that the Equitable Caregiver Statute merely
provides a mechanism for identifying an alternative placement for a
8 Moreover, the Equitable Caregiver Act specifies that the “...