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2018 Georgia Code 15-11-135 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-135 Case Law from Google Scholar Amendments to OCGA 15-11-135

TITLE 15 COURTS

Section 11. Juvenile Code, 15-11-1 through 15-11-747.

ARTICLE 3 DEPENDENCY PROCEEDINGS

15-11-135. Placement in eligible foster care.

  1. 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 care and return him or her to the court when required; or
    3. An order for the child's foster care has been made by the court.
  2. No child alleged to be or adjudicated as a dependent child shall be detained in any jail, adult lockup, or adult detention facility, nor shall a child be detained in a secure residential facility or nonsecure residential facility unless a child is also alleged to have committed a delinquent act or adjudicated to be a delinquent child and the court determines that the requirements for detention under Article 6 of this chapter are met.
  3. An alleged dependent child may be placed in foster care only in:
    1. A licensed or approved foster home or a home approved by the court which may be a public or private home;
    2. The home of the child's noncustodial parent;
    3. The home of a relative;
    4. The home of fictive kin;
    5. A facility operated by a licensed child welfare agency; or
    6. A licensed shelter care facility approved by the court.
  4. The actual physical placement of a child pursuant to this Code section shall require the approval of the judge of the juvenile court or his or her designee.
  5. In any case in which a child is taken into protective custody of DFCS:
    1. DFCS shall give preference for placement to an adult who is a relative or fictive kin over a nonrelated caregiver, provided that such relative or fictive kin has met all requirements for a DFCS relative or fictive kin placement and such placement is in the best interests of the child; and
    2. Such child shall be placed together with his or her siblings who are also in protective custody or DFCS shall include a statement in its report and case plan of continuing efforts to place the siblings together or document why such joint placement would be contrary to the safety or well-being of any of the siblings.If siblings are not placed together, DFCS shall provide for frequent visitation or other ongoing interaction between siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings.

(Code 1981, §15-11-135, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-9/SB 364; Ga. L. 2016, p. 134, § 1-1/HB 887; Ga. L. 2018, p. 1112, § 15/SB 365.)

The 2014 amendment, effective April 28, 2014, rewrote subsection (c); and substituted "document why such joint placement would be contrary to the safety or well-being of any of the siblings" for "why such efforts are not appropriate" at the end of the first sentence of subsection (e).

The 2016 amendment, effective July 1, 2016, substituted the present provisions of subsection (e) for the former provisions, which read: "In any case in which a child is taken into protective custody of DFCS, such child shall be placed together with his or her siblings who are also in protective custody or DFCS shall include a statement in its report and case plan of continuing efforts to place the siblings together or document why such joint placement would be contrary to the safety or well-being of any of the siblings. If siblings are not placed together, DFCS shall provide for frequent visitation or other ongoing interaction between siblings, unless DFCS documents that such frequent visitation or other ongoing interaction would be contrary to the safety or well-being of any of the siblings."

The 2018 amendment, effective May 8, 2018, part of an Act to revise, modernize, and correct the Code, revised punctuation in the first and second sentences of paragraph (e)(2).

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2016, "that such relative" was substituted for "that the such relative" in paragraph (e)(1).

Law reviews.

- For note criticizing jurisdiction of juvenile justice system over runaways and advocating alternative legal approaches, see 24 Emory L. J. 1075 (1975).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-1403, pre-2000 Code Section 15-11-20, and pre-2014 Code Section 15-11-48, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.

Applicability.

- Contrary to the defendant's claims, neither former O.C.G.A. § 15-11-67 (see now O.C.G.A. § 15-11-442) nor former O.C.G.A. § 15-11-48(e) (see now O.C.G.A. §§ 15-11-135,15-11-400, and15-11-412) applied to the defendant's case because both provisions applied when the child was found "unruly," and the defendant was adjudicated delinquent, not unruly. In the Interest of B. Q. L. E., 297 Ga. App. 273, 676 S.E.2d 742 (2009), cert. denied, No. S09C1197, 2009 Ga. LEXIS 787 (Ga. 2009) (decided under former O.C.G.A. § 15-11-48).

Suspect may first be booked if rights are observed.

- There was no violation of former O.C.G.A. § 15-11-20 (see now O.C.G.A. §§ 15-11-155,15-11-400,15-11-412, and15-11-504) because a juvenile suspect was first taken to a police station for booking purposes, if the juvenile was advised of the juvenile's rights under that section to be questioned elsewhere; the juvenile signed a waiver of these rights on an "advice to juveniles" form and was detained at a youth development center. Marshall v. State, 248 Ga. 227, 282 S.E.2d 301 (1981) (decided under former Code 1933, § 24A-1403).

Confession admissible if juvenile taken before county police.

- Juvenile defendant's confession was admissible despite the fact that the juvenile was not taken before an impartial juvenile intake officer but a member of the county police department since the defendant's mother was present during the juvenile's interrogation and it was not alleged that the officer failed to perform any duty imposed upon the officer. Worthy v. State, 253 Ga. 661, 324 S.E.2d 431 (1985) (decided under former O.C.G.A. § 15-11-20).

All detention facilities not supervised and controlled by juvenile courts.

- Juvenile courts are not granted the power and authority to supervise and control all the various detention facilities. Jones v. State, 134 Ga. App. 611, 215 S.E.2d 483 (1975) (decided under former Code 1933, § 24A-1403).

No guarantee of all bed space desired by courts.

- Subsection (a) of former section contemplated otherwise than that the Department of Human Resources guarantee all bed space desired by the juvenile courts. Jones v. State, 134 Ga. App. 611, 215 S.E.2d 483 (1975) (decided under former Code 1933, § 24A-1403).

Confinement designation not exercise of court's jurisdiction.

- Juvenile court's order for detention was merely an order pursuant to the former statute; designating the place of confinement was not an exercise of jurisdiction by that court. Hartley v. Clack, 239 Ga. 113, 236 S.E.2d 63 (1977) (decided under former Code 1933, § 24A-1403).

Foster relationship gives rise to no state-created rights.

- Children are placed in foster homes as an alternative to institutional care for what is clearly designed as a transitional phase in the child's life. Therefore, in the eyes of the state, which creates the foster relationship, the relationship is considered temporary at the outset and gives rise to no state-created rights in the foster parents. Drummond v. Fulton County Dep't of Family & Children's Servs., 563 F.2d 1200 (5th Cir. 1977), cert. denied, 437 U.S. 910, 98 S. Ct. 3103, 57 L. Ed. 2d 1141 (1978) (decided under former Code 1933, § 24A-1403).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former Code 1933, § 24A-1403, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.

Juvenile intake officer to locate appropriate juvenile facility.

- Juvenile intake officer should make all reasonable efforts to locate an appropriate juvenile facility for the detention of an allegedly delinquent child before determining that such a facility was "not available" for purposes of the former statute. 1978 Op. Att'y Gen. No. U78-13 (decided under former Code 1933, § 24A-1403).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, §§ 49, 50, 56 et seq., 69.

C.J.S.

- 43 C.J.S., Infants, §§ 140 et seq., 226 et seq., 239.

U.L.A.

- Uniform Juvenile Court Act (U.L.A.) § 16.

ALR.

- What constitutes delinquency or incorrigibility, justifying commitment of infant, 45 A.L.R. 1533; 85 A.L.R. 1099.

Authority of court to order juvenile delinquent incarcerated in adult penal institution, 95 A.L.R.3d 568.

Truancy as indicative of delinquency or incorrigibility, justifying commitment of infant or juvenile, 5 A.L.R.4th 1211.

Foster parent's right to immunity from foster child's negligence claims, 55 A.L.R.4th 778.

PART 4 P RELIMINARY PROTECTIVE HEARINGS

15-11-145. Preliminary protective hearing requirements.

  1. 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 on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday.
  2. Reasonable oral or written notice of the preliminary protective hearing, stating the time, place, and purpose of the hearing, shall be given to the child who is a party in such hearing and, if such person can be found, to his or her parent, guardian, or legal custodian.
  3. If an alleged dependent child's parent, guardian, or legal custodian has not been notified of the preliminary protective hearing and did not appear or waive appearance at such hearing and thereafter files an affidavit showing such facts, the court shall rehear the matter without unnecessary delay and shall order such child's release unless it appears from such hearing that such child's foster care is warranted or required.
  4. The following persons shall have the right to participate in the preliminary protective hearing:
    1. A child's parent, guardian, or legal custodian, unless such person cannot be located or fails to appear in response to the notice;
    2. A child's attorney and guardian ad litem if a guardian ad litem has been appointed;
    3. A child who was removed from his or her home, unless the court finds, after considering evidence of harm to such child that will result from such child's presence at the proceeding, that being present is not in such child's best interests;
    4. A parent's attorney if an attorney has been retained or appointed;
    5. The assigned DFCS caseworker; and
    6. The attorney for DFCS.
  5. The court may allow the following parties to be present at the preliminary protective hearing, if the court finds it is in the best interests of the child:
    1. Any relative or other persons who have demonstrated an ongoing commitment to a child with whom a child might be placed;
    2. DFCS employees involved in the case;
    3. An advocate as requested by an alleged dependent child's parent, guardian, or legal custodian; and
    4. Other persons who have knowledge of or an interest in the welfare of the child who is alleged to be dependent.
  6. At the commencement of a preliminary protective hearing, the court shall inform the parties of:
    1. The contents of the complaint in terms understandable to the parties;
    2. The nature of the proceedings in terms understandable to the parties; and
    3. The parties' due process rights, including the parties' right to an attorney and to an appointed attorney if they are indigent persons, the right to call witnesses and to cross-examine all witnesses, the right to present evidence, and the right to a trial by the court on the allegations in the complaint or petition.
  7. If a child is not released at the preliminary protective hearing, a petition for dependency shall be made and presented to the court within five days of such hearing.

(Code 1981, §15-11-145, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-1404, which were subsequently repealed but were succeeded by provisions in this article, are included in the annotations for this Code section. See the Editor's note at the beginning of the chapter.

Notice and hearing requirements were mandatory and must be adhered to in order for the juvenile court to proceed with the adjudicatory hearing. If for some reason the statutes were not, dismissal of the petition would be without prejudice. Sanchez v. Walker County Dep't of Family & Children Servs., 237 Ga. 406, 229 S.E.2d 66 (1976) (decided under former Code 1933, § 24A-1404).

Failure to comply with notice and hearing requirements of the Juvenile Code, after an allegedly deprived child has been taken from the parent's custody, prejudices or injures the rights of the parent, primarily the right to possession of the child under former Code 1933, §§ 74-106, 74-108, and 74-203 (see O.C.G.A. §§ 19-7-1,19-7-25, and19-9-2). Sanchez v. Walker County Dep't of Family & Children Servs., 237 Ga. 406, 229 S.E.2d 66 (1976) (decided under former Code 1933, § 24A-1404).

Juvenile court erred by not holding a preliminary protective hearing within 72 hours after the children were placed in foster care, by not giving the mother proper notice of the hearing, and by not making the required written findings regarding the children's welfare. In the Interest of R. B., Ga. App. , 816 S.E.2d 706 (2018).

Failure to comply with time limits requires dismissal.

- Time limits established by the General Assembly in the Juvenile Code are jurisdictional and must be strictly adhered to. A failure to comply with the time periods set out in the statute requires dismissal. R.A.S. v. State, 156 Ga. App. 366, 274 S.E.2d 752 (1980), overruled on other grounds, In re R.D.F., 66 Ga. 294, 466 S.E.2d 572 (1996) (decided under former Code 1933, § 24A-1404).

Definition of "day."

- Word "day," not being qualified, means a calendar or civil day consisting of 24 hours from midnight to midnight. J.B.H. v. State, 139 Ga. App. 199, 228 S.E.2d 189 (1976), overruled on other grounds, In re R.D.F., 266 Ga. 294, 466 S.E.2d 572 (1996) (decided under former Code 1933, § 24A-1404).

RESEARCH REFERENCES

ALR.

- Right of indigent parent to appointed counsel in proceeding for involuntary termination of parental rights, 80 A.L.R.3d 1141.

No results found for Georgia Code 15-11-135.