O.C.G.A.
O.C.G.A.

O.C.G.A. § 15-11-25 (2019)

Approval of mediation agreements; exceptions

✓ O.C.G.A.: 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) All mediation agreements shall be presented to the juvenile court judge for approval.

(b) The mediation agreement shall be made an order of the court unless, after further hearing, the court determines by clear and convincing evidence that the agreement is not in the best interests of the child.

History

Code 1981, § 15-11-25, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

Notes of Decisions
Cited in 18 cases, 1984–2000 · leading case: Watkins v. Watkins, 466 S.E.2d 860 (Ga. 1996).
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Watkins v. Watkins, 466 S.E.2d 860 (Ga. 1996). · cites it 10× “'" [3] Further, in a case in which a petition to terminate parental rights was based upon allegations under OCGA § 15-11-81(b)(4)(A) [4] that the child was deprived, the Court of Appeals held that, to satisfy due process, the petition had to comply with OCGA § 15-11-25 by…”
In the Interest of S. L. H., 422 S.E.2d 43 (Ga. Ct. App. 1992). · cites it 4× “There was no pursuit of, nor ruling on, the federal constitutional claim, so the sole preliminary issue is whether this statute governing criminal procedure applies to proceedings pursuant to OCGA § 15-11-28 on petitions alleging delinquency under OCGA § 15-11-25 in juvenile…”
Smith v. State, 327 S.E.2d 839 (Ga. Ct. App. 1985). · cites it 4× “" OCGA §§ 15-11-25, 15-11-39. The court adjudicates whether the child committed "the delinquent act," not a "crime.”
In the Interest of DRC, 381 S.E.2d 426 (Ga. Ct. App. 1989). · cites it 2× “The allegations of the petition merely provide a condensation of the statutory provisions of OCGA § 15-11-81 (a) and (b) (4) (A), rather than setting forth in ordinary and concise language the facts required by OCGA § 15-11-25. Since the State’s petition fails to set forth in…”
Glover v. Scott, 435 S.E.2d 250 (Ga. Ct. App. 1993). · cites it 2× “The fact that Glover had other attendance infractions and had been warned does not constitute evidence in the facts of this case that she was terminated for those other infractions, for it is undisputed that she was not terminated because of those other infractions.”
In the Interest of D. R. C., 401 S.E.2d 754 (Ga. Ct. App. 1991). · cites it 2× “Neither she nor the child’s putative father supported the child while he was in the temporary custody of the Department of Human Resources, nor paid any child support. We conclude that the petition contained specific allegations of facts indicating both appellant’s history of…”
In the Interest of B. G., 497 S.E.2d 572 (Ga. Ct. App. 1998). · cites it 2× “OCGA § 15-11-25. The trial court can then allow the children to remain with DFCS upon finding that the children would still be deprived if returned to their mother.”
In the Interest of J. D. M., 369 S.E.2d 920 (Ga. Ct. App. 1988). · cites it 2× “released[, pursuant to *288 OCGA § 15-11-21 (a),] and the case is to be prosecuted further other than by informal adjustment, a petition under Code Section 15-11-25 shall be made and presented to the court within 30 days.”
In the Interest of M. D., 503 S.E.2d 888 (Ga. Ct. App. 1998). · cites it 2× “OCGA §§ 15-11-25; 15-11-39. The court adjudicates whether the child committed the delinquent act, not a crime.”
In the Interest of J. W. H., 538 S.E.2d 112 (Ga. Ct. App. 2000). · cites it 2× “These cases stand only for the proposition that there is no statutory requirement under OCGA § 15-11-41 (b) that DFACS make reasonable efforts to reunite the family for at least a year (after a reunification plan is formulated) before seeking to terminate parental rights.”
In the Interest of A. K. M., 510 S.E.2d 611 (Ga. Ct. App. 1998). · cites it 4× “Indeed, OCGA § 15-11-25 requires only that the petition be verified and contain certain information.”
P. L. A. v. State, 324 S.E.2d 781 (Ga. Ct. App. 1984). · cites it 2× “Contrary to appellant’s contention, OCGA § 15-11-21 (e) does not provide that the petition must be “filed” with the court.”
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