O.C.G.A.

O.C.G.A. § 15-11-132 (2019)

Verbal custody order

✓ 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) 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 child is taken into custody under exceptional circumstances, an affidavit or sworn complaint containing the information previously relayed orally, including telephonically, shall be filed with the clerk of the court the next business day, and a written order shall be issued if not previously issued. The written order shall include the court’s findings of fact supporting the necessity for such child’s removal from the custody of his or her parent, guardian, or legal custodian in order to safeguard such child’s welfare and shall designate a child’s legal custodian. (c) The affidavit or sworn complaint filed after a child has been placed shall indicate whether the child was released to such child’s parent, guardian, or legal custodian or remains removed. (d) DFCS shall promptly notify the parent, guardian, or legal custodian of the nature of the allegations forming the basis for taking a child into custody and, if such child is not released, of the time and place of the preliminary protective hearing.

History

Code 1981, § 15-11-132, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2018–2025 · leading case: In the Interest of H. B., Child., 816 S.E.2d 313 (Ga. Ct. App. 2018).

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In the Interest of H. B., Child., 816 S.E.2d 313 (Ga. Ct. App. 2018). · cites it 2× “See OCGA § 15-11-132 (a) ("The facts supporting the issuance of an order of removal may be relayed orally, including telephonically, .”

In re A. B., 829 S.E.2d 842 (Ga. Ct. App. 2019). · cites it 4× “As DFACS notes, the statutes cited by the mother apply on their terms only to cases in which a child is either "taken into custody under exceptional circumstances" or "removed from his or her home[.”

In the INTEREST OF R. B. Et Al., Child.., 816 S.E.2d 706 (Ga. Ct. App. 2018). · cites it 4× “partment of Family and Children Services (the "Department") filed a non-emergency petition for dependency and complaint, which stated that the children resided with their maternal grandmother, that "the Department placed the minor children with the maternal grandmother through a…”

In the Interest of D. B., Chldren (mother) (Ga. Ct. App. 2025). · cites it 38× “The mother argues that the Juvenile Code supplies DFCS with two avenues for seeking custody — an “ordinary” pathway in which a parent must be given notice and an opportunity to appear at an adjudication hearing to answer the allegations in the dependency petition; 9 and an…”

In the Interest of A. B., a Child (Mother) (Ga. Ct. App. 2019). · cites it 4× “The mother also argues that she was deprived of due process when the juvenile court failed to abide by the requirements of OCGA §§ 15-11-132 (b),1 15-11- 1 OCGA § 15-11-132 (b) provides: “When a child is taken into custody under exceptional circumstances, an affidavit or sworn…”

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