O.C.G.A. § 15-11-242 (2019)
Effect of guardianship order
(a) Permanent guardianship orders entered pursuant to Code Section 15-11-240 shall: (1) Remain in effect until the child adjudicated as a dependent child reaches the age of 18 or becomes emancipated; (2) Not be subject to review by the court except as provided in Code Section 15-11-244; and (3) Establish a reasonable visitation schedule which allows the child adjudicated as a dependent child to maintain meaningful contact with his or her parents through personal visits, telephone calls, letters, or other forms of communication or specifically include any restriction on a parent’s right to visitation. (b) A permanent guardian shall have the rights and duties of a permanent guardian as provided in Code Sections 29-2-21, 29-2-22, and 29-2-23 and shall take the oath required of a guardian as provided in Code Section 29-2-24.
History
Code 1981, § 15-11-242, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.
Annotations
Cross references. - Power of judge of probate court to appoint guardian for mi-
nor, § 29-2-14. Notice requirements relating to appointment of guardians for minors by judges of the probate court generally, § 29-2-17.
JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-302, pre-2000 Code Section 15-11-6 and pre-2014 Code Section 15-11-30.1, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.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. Jurisdiction of juvenile court in transferred custody proceeding. - In a custody proceeding transferred from the superior court, the juvenile court was authorized to issue an order restraining the future disclosure of information contained in the juvenile court’s files and records and to punish for contempt any past un-
authorized disclosure of that material. In re Burton, 271 Ga. 491, 521 S.E.2d 568 (1999) (decided under former O.C.G.A. § 15-11-6). Award of permanent guardianship affirmed. - Award of permanent guardianship to the aunt was affirmed because the parent gave no reason to believe that any objection to taking judicial notice of the deprivation order would have had any merit, nor did the parent identify specific evidence that the parent would have brought forward to challenge the earlier deprivation order. In the Interest of L. B., 319 Ga. App. 173, 735 S.E.2d 162 (2012) (decided under former O.C.G.A. § 15-11-30.1).
OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, deci-
sions under former Code 1933, § 24A-302 and pre-2000 Code Section 15-11-6, 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. Jurisdiction to appoint guardians for children. - Former statute implicitly recognized that courts other than juvenile courts had jurisdiction to appoint guardians for children. 1976 Op. Att’y Gen. No. U76-15 (decided under former Code 1933, § 24A-302). Support proceedings. - Subsection (b) of former O.C.G.A. § 15-11-6 (see now O.C.G.A. § 15-11-15) authorized the superior court to transfer to the juvenile court support cases not involving a question of paternity as well as those support proceedings originating from a court-established support unit in the judicial circuit. 1989 Op. Att’y Gen. No. U89-7 (decided under former O.C.G.A. § 15-11-6). Superior court may not transfer a Uniform Reciprocal Enforcement of Support Act proceeding to a juvenile court under subsection (b) of former O.C.G.A.
§ 15-11-6 (see now O.C.G.A. § 15-11-15). 1989 Op. Att’y Gen. No. U89-7 (decided under former O.C.G.A. § 15-11-6). Paternity questions. - Since no provision under subsection (b) of former O.C.G.A. § 15-11-6 (see now O.C.G.A. § 15-11-15) would permit the transfer of paternity questions to a juvenile court, no case in which paternity was involved may be transferred under that statute by a superior court to a juvenile court. 1989 Op. Att’y Gen. No. U89-7 (decided under former O.C.G.A. § 15-11-6). Permanent custody determination upon divorce decree. - When a superior court transfers the question of custody determination to a juvenile court pursuant to subsection (b) of former O.C.G.A. § 15-11-6 (see now O.C.G.A. § 15-11-15), the juvenile court may make only a temporary custody determination pending the outcome of the divorce action; but if the divorce decree is entered the juvenile court can then make a permanent custody determination. 1994 Op. Att’y Gen. No. U94-1 (decided under former O.C.G.A. § 15-11-6).
RESEARCH REFERENCES Am. Jur. 2d. - 39 Am. Jur. 2d, Guardian and Ward, § 70 et seq. 42 Am. Jur. 2d, Infants, § 27 et seq. 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 39 et seq. C.J.S. - 39 C.J.S., Guardian and Ward, § 1 et seq. 43 C.J.S., Infants, § 180 et seq. 67A C.J.S., Parent and Child, § 366 et seq.
U.L.A. - Uniform Juvenile Court Act (U.L.A.) § 3. ALR. - Parent’s involuntary confinement, or failure to care for child as result thereof, as evincing neglect, unfitness, or the like in dependency or divestiture proceeding, 79 A.L.R.3d 417.