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2018 Georgia Code 15-11-263 | Car Wreck Lawyer

TITLE 15 COURTS

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

ARTICLE 4 TERMINATION OF PARENTAL RIGHTS

15-11-263. Physical and mental examinations.

  1. Upon motion of any party or the court, the court may require a physical or mental evaluation of a child adjudicated as a dependent child or his or her parent, stepparent, guardian, or legal custodian.
  2. The cost of any ordered evaluation shall be paid by the moving party unless apportioned by the court, in its discretion, to any other party or parties.

(Code 1981, §15-11-263, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under pre-2014 Code Section 15-11-100, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.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.

Mental evaluation left to court's discretion.

- Under the language of former O.C.G.A. §§ 15-11-12 and15-11-100 (see now O.C.G.A. §§ 15-11-27,15-11-101,15-11-263, and15-11-590), authorizing the juvenile court to order psychological examinations, the decision to order a mental evaluation was left to the juvenile court's discretion. In the Interest of S.K., 248 Ga. App. 122, 545 S.E.2d 674 (2001) (decided under former O.C.G.A. § 15-11-100).

RESEARCH REFERENCES

ALR.

- Parents' mental illness or mental deficiency as ground for termination of parental rights - General considerations, 113 A.L.R.5th 349.

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