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2018 Georgia Code 15-11-163 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-163 Case Law from Google Scholar Amendments to OCGA 15-11-163

TITLE 15 COURTS

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

ARTICLE 3 DEPENDENCY PROCEEDINGS

15-11-163. Interlocutory order of disposition when summons served by publication.

  1. If service of summons upon a party is made by publication, the court may conduct a provisional hearing upon the allegations of the petition alleging dependency and enter an interlocutory order of disposition if:
    1. The petition alleges dependency of a child;
    2. The summons served upon any party:
      1. States that prior to the final hearing on such petition a provisional hearing will be held at a specified time and place;
      2. Requires the party who is served other than by publication to appear and answer the allegations of the petition alleging dependency at the provisional hearing;
      3. States further that findings of fact and orders of disposition made pursuant to the provisional hearing will become final at the final hearing unless the party served by publication appears at the final hearing; and
      4. Otherwise conforms to the requirements of Code Section 15-11-160; and
    3. A child named in a petition alleging dependency is brought is personally before the court at the provisional hearing.
  2. Findings of fact and orders of disposition shall have only interlocutory effect pending final hearing on the petition alleging dependency.
  3. If a party served by publication fails to appear at the final hearing on the petition alleging dependency, the findings of fact and interlocutory orders made shall become final without further evidence. If a party appears at the final hearing, the findings and orders shall be vacated and disregarded and the hearing shall proceed upon the allegations of such petition without regard to this Code section.

(Code 1981, §15-11-163, 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of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-1901, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.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.

Challenge to temporary order made while proceedings still pending.

- If petition in the juvenile court alleges deprivation of a child and if the service of summons is made by publication, the juvenile court is authorized to enter an interlocutory order of disposition and any challenge to the service or to the temporary order must be made by the appellant in the juvenile court where the proceedings are still pending. Chastain v. Smith, 243 Ga. 262, 253 S.E.2d 560 (1979) (decided under former Code 1933, § 24A-1901).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 117.

C.J.S.

- 43 C.J.S., Infants, § 195 et seq.

U.L.A.

- Uniform Juvenile Court Act (U.L.A.) § 25.

PART 7 P READJUDICATION PROCEDURES

15-11-170. Discovery.

  1. In all cases under this article, any party shall, upon written request to the party having actual custody, control, or possession of the material to be produced, have full access to the following for inspection, copying, or photographing:
    1. The names and telephone numbers of each witness likely to be called to testify at the hearing by another party;
    2. A copy of any formal written statement made by the alleged dependent child or any witness that relates to the subject matter concerning the testimony of the witness that a party intends to call as a witness at the hearing;
    3. Except as otherwise provided in subsection (b) of this Code section, any scientific or other report which is intended to be introduced at any hearing or that pertains to physical evidence which is intended to be introduced;
    4. Any drug screen concerning the alleged dependent child or his or her parent, guardian, or legal custodian;
    5. Any case plan concerning the alleged dependent child or his or her parent, guardian, or legal custodian;
    6. Any visitation schedule related to the alleged dependent child;
    7. Photographs and any physical evidence which are intended to be introduced at any hearing;
    8. Copies of any police incident reports regarding an occurrence which forms part or all of the basis of the petition; and
    9. Any other relevant evidence not requiring consent or a court order under subsection (b) of this Code section.
  2. Upon presentation of a court order or written consent from the appropriate person or persons permitting access to the party having actual custody, control, or possession of the material to be produced, any party shall have access to the following for inspection, copying, or photographing:
    1. Any psychological, developmental, physical, mental or emotional health, or other assessments of the alleged dependent child or his or her family, parent, guardian, or legal custodian;
    2. Any school record concerning the alleged dependent child;
    3. Any medical record concerning the alleged dependent child;
    4. Transcriptions, recordings, and summaries of any oral statement of the alleged dependent child or of any witness, except child abuse reports that are confidential pursuant to Code Section 19-7-5 and work product of counsel;
    5. Any family team meeting report or multidisciplinary team meeting report concerning the alleged dependent child or his or her parent, guardian, or legal custodian;
    6. Supplemental police reports, if any, regarding an occurrence which forms part of all of the basis of the petition; and
    7. Immigration records concerning the alleged dependent child.
  3. If a party requests disclosure of information pursuant to subsection (a) or (b) of this Code section, it shall be the duty of such party to promptly make the following available for inspection, copying, or photographing to every other party:
    1. The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the party's defense or claim;
    2. Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced;
    3. Photographs and any physical evidence which are intended to be introduced at the hearing; and
    4. A copy of any written statement made by any witness that relates to the subject matter concerning the testimony of the witness that the party intends to call as a witness.
  4. A request for discovery or reciprocal discovery shall be complied with promptly and not later than five days after the request is received or 72 hours prior to any hearing except when later compliance is made necessary by the timing of such request. If such request for discovery is made fewer than 48 hours prior to an adjudicatory hearing, the discovery response shall be produced in a timely manner. If, subsequent to providing a discovery response in compliance with this Code section, the existence of additional evidence is found, it shall be promptly provided to the party making the discovery request.
  5. If a request for discovery or consent for release is refused, application may be made to the court for a written order granting discovery. Motions for discovery shall certify that a request for discovery or consent was made and was unsuccessful despite good faith efforts made by the requesting party. An order granting discovery shall require reciprocal discovery. Notwithstanding the provisions of subsection (a) or (b) of this Code section, the court may deny, in whole or in part, or otherwise limit or set conditions concerning a discovery response upon a sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would:
    1. Jeopardize the safety of a party, witness, or confidential informant;
    2. Create a substantial threat of physical or economic harm to a witness or other person;
    3. Endanger the existence of physical evidence;
    4. Disclose privileged information; or
    5. Impede the criminal prosecution of a minor who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence.
  6. No deposition shall be taken of an alleged dependent child unless the court orders the deposition, under such conditions as the court may order, on the ground that the deposition would further the purposes of this part.
  7. If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with an order issued pursuant to this Code section, the court may grant a continuance, prohibit the party from introducing in evidence the information not disclosed, or enter such other order as the court deems just under the circumstances.
  8. Nothing contained in this Code section shall prohibit the court from ordering the disclosure of any information that the court deems necessary for proper adjudication.
  9. Any material or information furnished to a party pursuant to this Code section shall remain in the exclusive custody of the party and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide.

(Code 1981, §15-11-170, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Cross references.

- Discovery, T. 17, C. 16.

Law reviews.

- For article, "The Prosecuting Attorney in Georgia's Juvenile Courts," see 13 Ga. St. B. J. 27 (2008).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under pre-2014 Code Section 15-11-75, 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.

No Brady violation shown.

- In a juvenile proceeding wherein the juvenile was adjudicated delinquent as a result of a battery against a schoolmate on a school bus, the trial court did not err in allegedly failing to enforce the discovery provisions of former O.C.G.A. § 15-11-75(a)(7) (see now O.C.G.A. § 15-11-541) and in allegedly failing to remedy a Brady violation because the videotape at issue was not in the custody and control of the State of Georgia; the juvenile could have obtained the evidence had the juvenile simply subpoenaed the video prior to trial and, significantly, the unrebutted evidence of record established that the videotape lacked any exculpatory or evidentiary value since the videotape was blank. In the Interest of E.J., 283 Ga. App. 648, 642 S.E.2d 179 (2007) (decided under former O.C.G.A. § 15-11-75).

Discovery from guardian ad litem's file.

- Juvenile order granting a guardian a protective order against a mother was vacated because the juvenile court erred in imposing blanket protection for the guardian ad litem's file under a privilege exception to discovery; on remand, the juvenile court was directed to exercise the court's discretion to determine whether the material sought by the mother was privileged or otherwise should not be subject to discovery. In the Interest of J. N., 344 Ga. App. 409, 810 S.E.2d 191 (2018).

PART 8 A DJUDICATION

Cross references.

- Evidence, T. 24.

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