O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-11-146 (2019)

Preliminary protective hearing; findings

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
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) At the preliminary protective hearing, the court shall determine:

(1) Whether there is probable cause to believe a child is a dependent child; and

(2) Whether protective custody of a child is necessary to prevent abuse or neglect pending the hearing on the dependency petition.

(b) The court:

(1) On finding that the complainant has proven neither of the required elements prescribed in subsection (a) of this Code section, shall dismiss the case and shall return the child before the court to his or her parent, guardian, or legal custodian;

(2) On finding that the complainant has not met the burden of proving that protective custody is necessary, shall return the child before the court to his or her parent, guardian, or legal custodian pending the hearing on the dependency petition. The court may also order a temporary alternative to foster care as provided in subsection (a) of Code Section 15-11-133.1 if it determines that such an order is necessary to prevent abuse or neglect prior to the adjudicatory hearing and to prevent the need for the child to be placed in foster care; or

(3) On finding that the complainant has met the burden prescribed in subsection (a) of this Code section, may place the child before the court in the temporary custody of DFCS pending the hearing on the dependency petition. DFCS shall prioritize temporary placement with an adult who is a relative or fictive kin, provided that such individual has met DFCS’s requirements for relative placement and such temporary placement is in the best interests of such child.

(c) A court’s order removing a child from his or her home or ordering a temporary alternative to foster care in accordance with paragraph (1) of subsection (a) of Code Section 15-11-133.1 shall be based upon a finding that:

(1) Continuation in his or her home would be contrary to such child’s welfare; or

(2) Removal is in such child’s best interests.

(d) The court shall make written findings as to whether DFCS has made reasonable efforts to prevent or eliminate the need for removal of a child from his or her home and to make it possible for such child to safely return home. If the court finds that no services were provided but that reasonable services would not have eliminated the need for protective custody, the court shall consider DFCS to have made reasonable efforts to prevent or eliminate the need for protective custody. The court shall include in the written findings a brief description of what preventive and reunification efforts were made by DFCS.

(e) In determining whether a child shall be removed or continued out of his or her home, the court shall consider whether reasonable efforts can prevent or eliminate the need to separate the family. The court shall make a written finding in every order of removal that describes why it is in the best interests of the child that he or she be removed from his or her home or continued in foster care. (f ) To aid the court in making the required written findings, DFCS shall present evidence to the court outlining the reasonable efforts made to prevent taking a child into protective custody and to provide services to make it possible for such child to safely return to his or her home and why protective custody is in the best interests of the child.

History

Code 1981, § 15-11-146, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2015, p. 540, § 1-6/HB 361; Ga. L. 2016, p. 134, § 1-2/HB 887; Ga. L. 2019, p. 67, § 5/HB 472. The 2019 amendment, effective April 18, 2019, added the second sentence in

paragraph (b)(2); inserted ‘‘or ordering a temporary alternative to foster care in accordance with paragraph (1) of subsection (a) of Code Section 15-11-133.1’’ in the introductory language of subsection (c); and substituted ‘‘or’’ for ‘‘and’’ at the end of paragraph (c)(1).

PART 5 DEPENDENCY PETITIONS

Annotations

The 2015 amendment, effective May 5, 2015, substituted "proven neither" for "not proved either" near the beginning of paragraph (b)(1).

The 2016 amendment, effective July 1, 2016, added the second sentence in paragraph (b)(3).

The 2019 amendment, effective April 18, 2019, added the second sentence in paragraph (b)(2); inserted "or ordering a temporary alternative to foster care in accordance with paragraph (1) of subsection (a) of Code Section 15-11-133.1" in the introductory language of subsection (c); and substituted "or" for "and" at the end of paragraph (c)(1).

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PART 5 DEPENDENCY PETITIONS

Notes of Decisions
Cited in 7 cases (4 in the last 5 years), 2017–2025 · leading case: In re A. B., 828 S.E.2d 394 (Ga. Ct. App. 2019).
Sort: Relevance Newest Treatment
In re A. B., 828 S.E.2d 394 (Ga. Ct. App. 2019). · cites it 2× “See OCGA § 15-11-146 (a) (1) ("At the preliminary protective hearing, the court shall determine .”
In the Interest of A. W., a Child, 797 S.E.2d 655 (Ga. Ct. App. 2017). · cites it 2× “dependent, and it placed her in the temporary care of the Department pursuant to OCGA § 15-11-146 (a). The Department filed a dependency petition, alleging that A.”
In the Interest of M. R., a Child v. N/A, 918 S.E.2d 414 (Ga. Ct. App. 2025). · cites it 12× “” OCGA § 15-11-146 (a). “If the juvenile court determines that there is probable cause, it may remove the child from the parent’s custody and place him or her in the custody of DFCS or another adult family member [or fictive kin] if it finds that ‘(1) Continuation in his or her…”
In the Interest of S. H., a Child, 920 S.E.2d 692 (Ga. Ct. App. 2025). · cites it 2× “17 OCGA § 15-11-146 (c). 10 activity of outdoor visitation does not demonstrate a lack of ability on the part of the Mother to independently supervise S.”
In the Interest of K. B., a Child (Father), No. A19A0148 (Ga. Ct. App. May 15, 2019). · cites it 2× “See OCGA § 15-11-146 (a) (1) (“At the preliminary protective hearing, the court shall determine .”
In the Interest of C. E. Jr., a Child (Mother), 884 S.E.2d 22 (Ga. Ct. App. 2023). · cites it 2× “A few days later, the juvenile court held a PPH,1 at which the 1 Under OCGA § 15-11-146 (a), the juvenile court must hold a preliminary protective hearing to “determine: (1) Whether there is probable cause to believe a child is a dependent child; and (2) Whether protective…”
In the Interest of D. H., Child. (Father), 918 S.E.2d 460 (Ga. Ct. App. 2025). · cites it 2× “how [the juvenile court] has jurisdiction to preside over this matter” ; (4) does “not contain the necessary statement of nexuses between the findings of fact and conclusions of law to support its rulings” ; (5) does not include findings pursuant to OCGA § 15-11-146 (a) (1)…”
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.