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2018 Georgia Code 15-11-200 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-200 Case Law from Google Scholar Amendments to OCGA 15-11-200

TITLE 15 COURTS

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

ARTICLE 3 DEPENDENCY PROCEEDINGS

15-11-200. DFCS report; case plan.

  1. Within 30 days of the date a child who is placed in DFCS custody is removed from his or her home and at each subsequent review of the disposition order, DFCS shall submit a written report to the court which shall either:
    1. Include a case plan for a reunification of the family; or
    2. Include a statement of the factual basis for determining that a plan for reunification is not appropriate.
  2. The report submitted by DFCS shall become a discrete part of the case record in a format determined by DFCS and shall be made available to a child who is placed in DFCS custody if such child is 14 years of age or older, his or her attorney, his or her guardian ad litem, if any, and the parent, guardian, or legal custodian of such child. The contents of the report shall be determined at a meeting to be held by DFCS in consultation with the parent, guardian, or legal custodian and child who was placed in DFCS custody, when appropriate. The parent, guardian, or legal custodian, the child who was placed in DFCS custody if such child is 14 years of age or older, his or her attorney, and guardian ad litem, if any, shall be given written notice of the meeting at least five days in advance of such meeting and shall be advised that the report will be submitted to the court for consideration as an order of the court. The report submitted to the court shall also contain any dissenting recommendations of the judicial citizen review panel, if applicable, and any recommendations of the parent, guardian, or legal custodian of the child who was placed in DFCS custody, if such are available.
  3. If the court adopts a report that contains a case plan for reunification services, it shall be in effect until modification by the court. A case plan shall address each reason requiring removal of a child from his or her home and shall, at a minimum, comply with the requirements of Code Section 15-11-201.
  4. If the submitted DFCS report contains a proposed case plan for reunification services:
    1. DFCS shall provide the caregiver, the foster parent, and any preadoptive parent or relative providing care for the child who was placed in DFCS custody with a copy of those portions of the court approved case plan that involve the permanency goal and the services to be provided to the child;
    2. A copy of the DFCS report and case plan shall be delivered to the parent, guardian, or legal custodian by United States mail, e-mail, or hand delivery at the same time the report and case plan are transmitted to the court, along with written notice that such report will be considered by the court without a hearing unless, within five days from the date the copy of such report and case plan were delivered, the parent, guardian, or legal custodian of the child who was placed in DFCS custody requests a hearing before the court to review such report and case plan; and
    3. If no hearing is requested, the court shall enter a disposition order or supplemental order incorporating all elements of the case plan for reunification services which the court finds essential to reunification, specifying what shall be accomplished by all parties before reunification of the family can be achieved.
  5. When DFCS recommends that reunification services are not appropriate and should not be allowed, the DFCS report shall address each reason requiring removal of a child from his or her home and shall contain at least the following:
    1. The purpose for which the child in DFCS custody was placed in foster care, including a statement of the reasons why such child cannot be adequately and safely protected at his or her home and the harm which may occur if such child remains in his or her home and a description of the services offered and the services provided to prevent removal of such child from his or her home;
    2. A clear statement describing all of the reasons supporting a finding that reunification of a child with his or her parent will be detrimental to such child and that reunification services therefore need not be provided, including specific findings as to whether any of the grounds for terminating parental rights exist; and
    3. The statements, provisions, and requirements found in paragraphs (11) and (12) of subsection (b) of Code Section 15-11-201.

(Code 1981, §15-11-200, 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-2701 and pre-2014 Code Section 15-11-41, which were subsequently repealed but were 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 error for failing to meet time requirements.

- Since the plaintiff failed to show that it was the Department of Family and Children's Service's fault that the citizens review panel meeting was held outside the statutory time frame, there was no error justifying reversal of the juvenile court's judgment. In re C.S., 236 Ga. App. 312, 511 S.E.2d 895 (1999) (decided under former O.C.G.A. § 15-11-41).

Custody by Department suspends parental right.

- Removal of custody of the child from the parents is a determination that, for whatever length of time custody is exercised by the Department of Family and Children Services, this right has been suspended, although not finally terminated. Rodgers v. Department of Human Resources, 157 Ga. App. 235, 276 S.E.2d 902 (1981) (decided under former Code 1933, § 24A-2701).

Considerations for the court.

- Judgments terminating the parental rights of a mother and father to their three children pursuant to O.C.G.A. § 15-11-310 were affirmed because of their excessive use of and history of chronic substance abuse, which caused their inability to maintain consistency in employment and the children to be dependent, their failure to comply with the court ordered plan designed to reunite the family, no due process violations occurred, and the children had bonded well with their foster families. In the Interest of E. G. M., 341 Ga. App. 33, 798 S.E.2d 639 (2017).

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