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2018 Georgia Code 15-11-180 | Car Wreck Lawyer

TITLE 15 COURTS

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

ARTICLE 3 DEPENDENCY PROCEEDINGS

15-11-180. Standard of proof.

The petitioner shall have the burden of proving the allegations of a dependency petition by clear and convincing evidence.

(Code 1981, §15-11-180, 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of the similarity of the statutory provisions, decisions under pre-2014 Code Section 15-11-54, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.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.

Sufficient findings of deprivation.

- Evidence that parents were imprisoned for abusing one of their three children, and their parental rights were terminated as to that child; that a second child, while in their care, sustained permanent brain injuries due to abusive head trauma, and the child's arm was fractured in a manner consistent with abuse; and the fact that the parents invoked the Fifth Amendment during the deprivation hearing was sufficient to allow the trial court to find by clear and convincing evidence that their two additional children were deprived as defined by former O.C.G.A. § 15-11-2(8)(A) (see now O.C.G.A. § 15-11-107). In the Interest of A.A., 293 Ga. App. 471, 667 S.E.2d 641 (2008) (decided under former O.C.G.A. § 15-11-54).

Father's contention that the juvenile court's deprivation order was deficient was without merit because, pursuant to former O.C.G.A. § 15-11-54(a) (see now O.C.G.A. § 15-11-181), the juvenile court's order clearly stated that the court's finding of deprivation was based on the father's sexual abuse of his children and the mother's failure to stop such abuse as alleged. In the Interest of S.B., 312 Ga. App. 180, 718 S.E.2d 49 (2011) (decided under former O.C.G.A. § 15-11-54).

Eighteen-month-old child was properly found to be a dependent child because the child was a victim of abuse under O.C.G.A. § 15-11-2(2)(A) based on multiple bruises, a skull fracture, and other non-accidental injuries the child suffered while in the care of the mother and her boyfriend, who both acknowledged that no other person had been caring for the child. In the Interest of S. C. S., 336 Ga. App. 236, 784 S.E.2d 83 (2016).

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