O.C.G.A.

O.C.G.A. § 15-11-101 (2019)

Medical and psychological evaluation orders when investigating child abuse and neglect

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) If necessary, the investigator of a report of child abuse and neglect may apply to the court for certain medical examinations and evaluations of a child or other children in the household.

(b) Upon a showing of probable cause in an affidavit executed by the applicant, the court may order a physical examination and evaluation of a child or other children in the household by a physician. Such order may be granted ex parte.

(c) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a psychological or psychiatric examination and evaluation of a child or other children in the household by a psychologist, psychiatrist, or other licensed mental health professional.

(d) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a forensic examination and evaluation of a child or other children in the household by a psychologist, psychiatrist, or other licensed mental health professional.

(e) Upon a showing of probable cause in an affidavit executed by the applicant and after a hearing, the court may order a physical, psychological, or psychiatric examination of a child’s parent, guardian, or legal custodian.

History

Code 1981, § 15-11-101, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

Annotations

Cross references. - Persons required to report instances of child abuse, § 19-7-5. Hearsay, T. 24, C. 8. Giving of

consent for surgical or medical treatment generally, § 31-9-1 et seq. Right of minor to obtain medical services for treatment of venereal disease on minor’s consent alone, § 31-17-7.

RESEARCH REFERENCES C.J.S. - 43 C.J.S., Infants, § 209 et seq. U.L.A. - Uniform Juvenile Court Act (U.L.A.) § 28.

ALR. - Defense of infancy in juvenile delinquency proceedings, 83 A.L.R.4th 1135.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2018–2024 · leading case: In re Interest of K. D., 810 S.E.2d 193 (Ga. Ct. App. 2018).
In re Interest of K. D., 810 S.E.2d 193 (Ga. Ct. App. 2018). · cites it 4× “We note that at the father's adjudication hearing, there was significant discussion on the record between the court, counsel for DFCS, and the father in regard to whether a probable cause proceeding pursuant to OCGA § 15-11-101 might be a more appropriate vehicle for this case…”
In the Interest of B. G., a Child, 812 S.E.2d 552 (Ga. Ct. App. 2018). · cites it 2× “, OCGA § 15-11-2 (9) (stating that "case plan" may include services for a child's "parent, guardian, or legal custodian"); OCGA § 15-11-2 (22) (C) (defining "dependent child" to include a chid who "[i]s without his or her parent, guardian, or legal custodian"); OCGA § 15-11-101…”
In the Interest of Z. a., Child. (mother) (Ga. Ct. App. 2024). · cites it 6× “See OCGA § 15-11-101 (e) (when investigating child abuse and neglect, “[u]pon a showing of 10 probable cause in an affidavit executed by the applicant and after a hearing, the court may order a physical, psychological, or psychiatric examination of a child’s parent, guardian, or…”
In the Interest of K. D. Child. (Father) (Ga. Ct. App. 2018). · cites it 4× “4 4 We note that at the father’s adjudication hearing, there was significant discussion on the record between the court, counsel for DFCS, and the father in regard to whether a probable cause proceeding pursuant to OCGA § 15-11-101 might be a more appropriate vehicle for this…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.