O.C.G.A.

O.C.G.A. § 15-11-14 (2019)

Transfers from probate court

✓ 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 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. (b) 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. (c) 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. (d) The court may refer to DFCS for further investigation a case transferred from probate court.

History

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

Annotations

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).

Notes of Decisions

Cited in 4 cases, 1988–2018 · leading case: In the Interest of K.m., a Child., 811 S.E.2d 505 (Ga. Ct. App. 2018).

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In the Interest of K.m., a Child., 811 S.E.2d 505 (Ga. Ct. App. 2018). · cites it 28× “Instead, the order summarily denied the mother's petition, stating that "[t]he Court determined pursuant to OCGA § 15-11-14 (b) (1) that it is in the best interest of the child" to continue the temporary guardianship.”

Nicole Maddox v. Babette Stephens, 727 F.3d 1109 (11th Cir. 2013). · cites it 2× “11 Considering these facts, the primary possible deficiency with respect to Stephens’ actions is the failure to trigger court action within seven days following the discharge to the father and grandmother pursuant to O.C.G.A. § 15-11-14. However, Maddox’s procedural due process…”

In the Interest of W. J. K., 372 S.E.2d 681 (Ga. Ct. App. 1988). · cites it 2× “4, or by the filing of a petition, as provided by OCGA § 15-11-11 and UJCR 5, which, according to section 15-11-11, commences a proceeding under the Juvenile Code.”

In the Interest of L. K., 744 S.E.2d 352 (Ga. Ct. App. 2013). · cites it 2× “See OCGA § 15-11-14 (authorizing the department to provide emergency care and supervision without seeking a court order).”

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.