O.C.G.A. § 15-11-190 (2019)
Social study
If the allegations of the petition alleging dependency are admitted or after an adjudication hearing the court has adjudicated a child as a dependent child, the court may direct that a written social study and report be made by a person designated by the court.
History
Code 1981, § 15-11-190, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.
Annotations
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under pre-2014 Code Section 15-11-12, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.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. Hearsay evidence may be admitted. - Consideration of evidence containing some hearsay may technically violate provisions of this section but in a case tried without a jury, the trial judge has a much broader discretion in the admission of evidence and the judge’s judgment will not be reversed if there is any legal evidence to support the finding. Moss v. Moss, 135 Ga. App. 401, 218 S.E.2d 93 (1975) (decided under former O.C.G.A. § 15-11-12). Reports containing hearsay may be admitted. - Consideration of written reports containing hearsay matter at a fact-finding child deprivation hearing is
more than a technical violation of the law, but under the particular facts of a case it may not be reversible error. In re J.C., 242 Ga. 737, 251 S.E.2d 299 (1978), appeal dismissed, 441 U.S. 929, 99 S. Ct. 2046, 60 L. Ed. 2d 657 (1979) (decided under former O.C.G.A. § 15-11-12). Presumption that judge did not rely on hearsay. - When a written welfare report in a child in a child deprivation hearing was made by the caseworker who testified and was cross-examined at the hearing and when the evidence introduced at the hearing, not considering the report, was sufficient to support the findings of fact made by the judge, it will be presumed that the judge did not consider any hearsay testimony in the report in the judge’s determination that the children were deprived. In re J.C., 242 Ga. 737, 251 S.E.2d 299 (1978), appeal dismissed, 441 U.S. 929, 99 S. Ct. 2046, 60 L. Ed. 2d 657 (1979) (decided under former O.C.G.A. § 15-11-12).
RESEARCH REFERENCES C.J.S. - 43 C.J.S., Infants, § 209 et seq. U.L.A. - Uniform Juvenile Court Act (U.L.A.) § 28.
ALR. - Defense of infancy in juvenile delinquency proceedings, 83 A.L.R.4th 1135.