O.C.G.A.

O.C.G.A. § 15-11-263 (2019)

Physical and mental examinations

✓ 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) 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.

(b) 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.

History

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

Annotations

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of the similarity of the statutory provisions, decisions under pre-2014 Code Section 15-11-100, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.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 and 15-11-100 (see now O.C.G.A. §§ 15-11-27, 15-11-101, 15-11-263, and 15-11-590), 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.