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O.C.G.A. § 15-11-203 — When reasonable efforts by DFCS not required | Georgia Code
O.C.G.A. § 15-11-203 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 15 COURTS

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

ARTICLE 3 DEPENDENCY PROCEEDINGS

15-11-203. When reasonable efforts by DFCS not required.

  1. The court may direct that reasonable efforts to eliminate the need for placement of an alleged dependent child shall not be required or shall cease if the court determines and makes written findings of fact that a parent of an alleged dependent child:
    1. Has subjected his or her child to aggravated circumstances;
    2. Has been convicted of the murder or murder in the second degree of another child of such parent;
    3. Has been convicted of the voluntary manslaughter of another child of such parent;
    4. Has been convicted of aiding or abetting, attempting, conspiring, or soliciting to commit murder or voluntary manslaughter of another child of such parent;
    5. Has been convicted of committing a felony assault that results in serious bodily injury to the child or another child of such parent;
    6. Has been convicted of rape, sodomy, aggravated sodomy, child molestation, aggravated child molestation, incest, sexual battery, or aggravated sexual battery of the alleged dependent child or another child of the parent;
    7. Is required to register as a sex offender and that preservation of a parent-child relationship is not in the alleged dependent child's best interests; or
    8. Has had his or her rights to a sibling of the alleged dependent child terminated involuntarily and the circumstances leading to such termination of parental rights to that sibling have not been resolved.
  2. If the court determines that one or more of the circumstances enumerated in subsection (a) of this Code section exist or DFCS has submitted a written report to the court which does not contain a plan for reunification services, then:
    1. A permanency plan hearing shall be held for a child adjudicated as a dependent child within 30 days; and
    2. Reasonable efforts shall be made to place a child adjudicated as a dependent child in a timely manner in accordance with the permanency plan and to complete whatever steps are necessary to finalize the permanent placement of such child.

(Code 1981, §15-11-203, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 444, § 2-2/HB 271.)

The 2014 amendment, effective July 1, 2014, inserted "or murder in the second degree" in paragraph (a)(2).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-2701, pre-2000 Code Section 15-11-41, and pre-2014 Code Section 15-11-58, which were subsequently repealed but were succeeded by provisions in the Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.

Father fit and able to assume custody.

- Juvenile court erred in extending temporary custody in the Department of Family and Children Services for an additional 12 months as: (1) the child's father was found to be a fit parent and was fully able to assume custody; (2) there was no testimony that the father was not capable of taking care of the child; and (3) the father completed every aspect of the case plan and was eligible for day-care assistance; thus, the evidence presented at the hearing fell far short of meeting the clear and convincing standard necessary to support a finding of deprivation. In the Interest of J.P., 280 Ga. App. 100, 633 S.E.2d 442 (2006) (decided under former O.C.G.A. § 15-11-41).

Notice.

- At a permanency hearing, at which a mother appeared represented by counsel, the mother was not entitled to prior notice by report or motion that DFCS would seek termination of reunification services and an award of long-term custody at the hearing. In the Interest of D. H., 313 Ga. App. 664, 722 S.E.2d 388 (2012) (decided under former O.C.G.A. § 15-11-58).

Presumption that reunification services are inappropriate.

- Because the parental rights to a mother's other four children had previously been terminated around the time the mother's infant child was born, the juvenile court did not err in approving a nonreunification plan involving that infant child pursuant to O.C.G.A. § 15-11-58(a)(4)(C); further, a presumption of nonreunification arose based on the mother's medically verified mental deficiency. In the Interest of J.P., 280 Ga. App. 100, 633 S.E.2d 442 (2006) (decided under former O.C.G.A. § 15-11-58).

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