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2018 Georgia Code 15-11-240 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-240 Case Law from Google Scholar Amendments to OCGA 15-11-240

TITLE 15 COURTS

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

ARTICLE 3 DEPENDENCY PROCEEDINGS

15-11-240. Appointment of permanent guardian; jurisdiction; findings.

  1. In addition to the jurisdiction to appoint guardians pursuant to Code Section 15-11-13, the juvenile court shall be vested with jurisdiction to appoint a permanent guardian for a child adjudicated as a dependent child in accordance with this article. Prior to the entry of such an order, the court shall:
    1. Find that reasonable efforts to reunify such child with his or her parents would be detrimental to such child or find that the living parents of such child have consented to the permanent guardianship;
    2. Find that termination of parental rights and adoption is not in the best interests of such child;
    3. Find that the proposed permanent guardian can provide a safe and permanent home for such child;
    4. Find that the appointment of a permanent guardian for such child is in the best interests of such child and that the individual chosen as such child's permanent guardian is the individual most appropriate to be such child's permanent guardian taking into consideration the best interests of the child; and
    5. If such child is 14 years of age or older, find that the appointment of a permanent guardian for such child is in the best interests of such child and that the individual chosen by such child as the child's permanent guardian is the individual most appropriate to be such child's permanent guardian taking into consideration the best interests of the child.
  2. The court may enter an order of support on behalf of a child against the parents of such child in accordance with paragraph (7) of subsection (a) of Code Section 15-11-212.

(Code 1981, §15-11-240, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Cross references.

- Power of judge of probate court to appoint guardian for minor, § 29-2-14.

Notice requirements relating to appointment of guardians for minors by judges of the probate court generally, § 29-2-17.

Cases Citing O.C.G.A. § 15-11-240

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in the Interest of M.F., a Child, 298 Ga. 138 (Ga. 2015).

Cited 48 times | Published | Supreme Court of Georgia | Nov 23, 2015 | 780 S.E.2d 291

...for permanent guardianships. See OCGA § 15-11-10 (3) (B) (juvenile court “shall be the sole court for initiating action . . . [i]nvolving any proceedings . . . [f]or permanent guardianship brought pursuant to the provisions of Article 3 of this chapter”); OCGA § 15-11-240 (a) (“the juvenile court shall 3 In response to the motion to dismiss, the father asserted that, if OCGA § 15-11-244 does not authorize a modification, vacatur, or revocation of a permanent guardianship in the circumstances that he alleges, the statute is unconstitutional....
...to modify, vacate, or revoke the permanent guardianship that was filed after January 1, 2014. We have compared the relevant provisions of the old Juvenile Code and the new Juvenile Code, and they are, for the most part, substantially identical. Compare OCGA § 15-11-240 et seq....
...seriously would contend that a temporary guardianship forever terminates parental rights. See Boddie v. Daniels, 288 Ga. 143, 146-147 (702 SE2d 172) (2010) (recognizing that temporary guardianships are only temporary). 8 warranted. See OCGA § 15-11-240 (a) (2) (before entering an order of permanent guardianship, juvenile court must find, among other things, that “termination of parental rights and adoption is not in the best interests of [the] child”)....