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2018 Georgia Code 15-11-14 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-14 Case Law from Google Scholar Amendments to OCGA 15-11-14

TITLE 15 COURTS

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

ARTICLE 1 GENERAL PROVISIONS

15-11-14. Transfers from probate court.

  1. The court shall hold a hearing within 30 days of receipt of a case transferred from the probate court pursuant to subsection (f) of Code Section 29-2-6 or subsection (b) of Code Section 29-2-8.
  2. After notice and hearing, the court may make one of the following orders:
    1. That the temporary guardianship be established or continued if the court determines that the temporary guardianship is in the best interests of a child. The order shall thereafter be subject to modification only as provided in Code Section 15-11-32; or
    2. That the temporary guardianship be terminated if the court determines it is in the best interests of a child. A child shall be returned to his or her parent unless the court determines that there is probable cause to believe that he or she will be abused, neglected, or abandoned in the custody of his or her parent.
  3. A case shall proceed as a dependency matter pursuant to the provisions of Article 3 of this chapter if, after notice and hearing, the court determines:
    1. That it is in the best interests of a child that the temporary guardianship not be established or that the temporary guardianship be terminated but there is probable cause to believe that he or she will be abused, neglected, or abandoned if returned to his or her parent; or
    2. That it is in the best interests of a child that the temporary guardianship be continued over the parent's objection.
  4. The court may refer to DFCS for further investigation a case transferred from probate court.

(Code 1981, §15-11-14, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

JUDICIAL DECISIONS

Burden of proof in termination of parental rights.

- In a mother's petition to terminate her parents' temporary guardianship over her child under O.C.G.A. § 15-11-14, the trial court erred in failing to consider whether the grandparents proved by clear and convincing evidence that termination would cause the child physical or long-term emotional harm; therefore, remand was required for further consideration. In the Interest of K. M., 344 Ga. App. 838, 811 S.E.2d 505 (2018).

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