O.C.G.A. § 15-11-243 (2019)
Notice and permanent guardianship hearing
(a) Notice of a guardianship petition pursuant to this part shall be given to a parent of the child who was adjudicated as a dependent child and shall also be given in accordance with subsection (c) of Code Section 29-2-17 except that, if the parents have consented to the guardianship, notice of the petition shall not be required to be given to:
(1) The adult siblings of the child who was adjudicated as a dependent child;
(2) The grandparents of the child who was adjudicated as a dependent child; or
(3) The nearest adult relatives of the child who was adjudicated as a dependent child as determined in accordance with Code Section
(b) The hearing shall be conducted in accordance with Code Section 29-2-18 to determine the best interests of the child who was adjudicated as a dependent child, and in reaching its determination the court shall consider Code Section 15-11-240.
History
Code 1981, § 15-11-243, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2015, p. 540, § 1-9/HB 361.
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Code 1933, § 24A-302, pre-2000 Code Section 15-11-6 and pre-2014 Code Section 15-11-30.1, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.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. Notice and hearing requirements of Juvenile Code mandatory. - Juvenile court committed reversible error in granting the children’s paternal grandparents custody and guardianship of the children because the court failed to follow the statutory mandates outlined in the Juvenile Code as the mother did not consent to the transfer of permanent guardianship and no guardianship petition was filed and provided to the mother with the notice of proceedings. In the Interest of J. C., 350 Ga. App. 34, 827 S.E.2d 717 (2019). 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 unauthorized 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, decisions 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, § 52 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. - 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.