O.C.G.A. § 15-11-270 (2019)

Annotations

Law reviews. - For article discussing venue problems in juvenile court practice and suggesting solutions, see 23 Mercer L.

Rev. 341 (1972). For article, ‘‘An Outline of Juvenile Court Jurisdiction with Focus on

Child Custody,’’ see 10 Ga. St. B. J. 275 (1973).

JUDICIAL DECISIONS Editor’s notes. - In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-1101, pre-2000 Code Section 15-11-15 and former O.C.G.A. § 15-11-15, pre-2014 Code Section 15-11-29, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.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. County of parent’s residence. - Revision of Ga. Const. 1976, Art. VI, Sec. XIV, Para. VI (see now Ga. Const. 1983, Art. VI, Sec. II, Para. VI), providing that venue in juvenile court cases may be determined by the provisions of the Juvenile Court Code of Georgia, removed any constitutional impediment to applying former O.C.G.A. § 15-11-29 (see now O.C.G.A. §§ 15-11-17, 15-11-270, and 15-11-401) to parental termination proceedings when the parent resides in a different county from that in which an allegedly deprived child is found. In re R.A.S., 249 Ga. 236, 290 S.E.2d 34 (1982) (decided under former O.C.G.A. § 15-11-15). Action to terminate parental rights on ground of deprivation need not be brought in county of parents’ residence. In re S.H., 163 Ga. App. 419, 294 S.E.2d 621 (1982) (decided under former Code 1933, § 24A-1101). County of child’s foster home. - Proceeding to terminate parental rights may be commenced in the county in which the child resides in a foster home. Cain v. Department of Human Resources, 166 Ga. App. 801, 305 S.E.2d 492 (1983) (decided under former O.C.G.A. § 15-11-15). Because the child was placed into the Department of Family and Children Service’s legal custody, a rebuttable presumption arose that the child obtained a Jones County legal residence for the purposes of determining venue; thus, by alleging that the child was in the department’s custody, and by setting forth the department’s address in Jones County, the department’s petition provided sufficient information to

establish that the child’s residence was in Jones County, making venue therein, proper. In the Interest of A.J.M., 277 Ga. App. 646, 627 S.E.2d 399 (2006) (decided under former O.C.G.A. § 15-11-29). County where parent resides. - For cases holding that venue for termination proceedings lies in the county where the parent resides, decided under prior constitutional provisions, see Quire v. Clayton County Dep’t of Family & Children Servs., 242 Ga. 85, 249 S.E.2d 538 (1978), and Williams v. Department of Human Resources, 150 Ga. App. 610, 258 S.E.2d 288 (1979) (decided under former Code 1933, § 24A-1101). Determining legal residence. - In determining where a juvenile resides for purposes of venue, it is generally the legal residence that controls. In re A.M.C., 213 Ga. App. 897, 446 S.E.2d 760 (1994) (decided under former O.C.G.A. § 15-11-15). Since the requirements for venue in a county were met, the fact that the childrens’ mother was in the process of moving to another state when the county department of family and children services obtained custody of her children was insufficient to rebut the presumption that the children resided in the county. In re K.M.L., 237 Ga. App. 662, 516 S.E.2d 363 (1999) (decided under former O.C.G.A. § 15-11-15). Waiver of objection to venue. - By a parent’s actions and inactions, the parent waived the parent’s right to object to the venue of termination proceedings. In the Interest of H.D.M., 241 Ga. App. 805, 527 S.E.2d 633 (2000) (decided under former O.C.G.A. § 15-11-15). In a deprivation proceeding, the court erred in basing venue on the childrens’ brief visit to the county where the deprivation petitions were filed because the children were residing and attending school in another county at the time. In re B.G., 238 Ga. App. 227, 518 S.E.2d 451 (1999) (decided under former O.C.G.A. § 15-11-15). Because a child was born in Lee County

and had lived with the child’s mother and maternal grandparents in Lee County for ten out of the 16 months of the child’s life when a petition alleging deprivation was filed under former O.C.G.A. § 15-11-29(a) (see now O.C.G.A. §§ 15-11-270 and 15-11-401), Lee County was the proper venue for the action. In the Interest of C.R., 292 Ga. App. 346, 665 S.E.2d 39 (2008) (decided under former O.C.G.A. § 15-11-29). Service on mother in county of residence sufficient. - Service of process on the mother in the county of this state in which the mother of an illegitimate child resides is sufficient to give the county juvenile court jurisdiction over both the mother and the child regardless of whether there was a ‘‘detention’’ of the child and in spite of the fact that a welfare worker obtained possession of the child outside of the state. Sanchez v. Walker County Dep’t of Family & Children Servs., 138 Ga. App. 49, 225 S.E.2d 441, rev’d on other grounds, 237 Ga. 406, 229 S.E.2d 66 (1976) (decided under former Code 1933, § 24A-1101). Venue exists despite absence of child. - If a particular county is the residence of the child and of the child’s mother, venue properly exists there for temporary custody actions even if the child was not personally present within the boundaries of that county on the date of the filing of the petition to the court for temporary custody. Sanchez v. Walker County Dep’t of Family & Children Servs., 138 Ga. App. 49, 225 S.E.2d 441, rev’d on other grounds, 237 Ga. 406, 229 S.E.2d 66 (1976) (decided under former Code 1933, § 24A-1101). Venue in county of child’s residence and where child born. - Requirements for proving that venue was properly in Cobb County were met because a mother was residing in Cobb County when her child was born and when the underlying proceeding alleging deprivation commenced and that the child remained in the custody of Cobb County Department of Family and Children Services through the

time the juvenile court entered the court’s deprivation and non-reunification order. In re R. B., 309 Ga. App. 407, 710 S.E.2d 611 (2011) (decided under former O.C.G.A. § 15-11-29). Challenge to court’s jurisdiction unsuccessful. - Although former Code 1933, § 79-404 (see now O.C.G.A. § 19-2-4) provided that the domicile of an illegitimate child shall be that of his or her mother, yet, where the plea to the jurisdiction alleged ‘‘this court has accepted jurisdiction and custody of the minor child . . . and is holding said child subject to the order of this court,’’ which clearly showed that the child was before the court, and there was no allegation showing the domicile of the mother, who was present in court, or any other reason why the juvenile court did not have jurisdiction, it was not error to overrule the plea. Springstead v. Cook, 215 Ga. 154, 109 S.E.2d 508 (1959) (decided under Ga. L. 1953, Nov.-Dec. Sess., p. 87, § 3). Child was residing in Cobb County when an underlying proceeding alleging deprivation commenced and had remained in the custody of Cobb County Department of Family and Children Services through the time a termination of parental rights order was entered; accordingly, requirements for venue in Cobb County were met. In re R. J. D. B., 305 Ga. App. 888, 700 S.E.2d 898 (2010) (decided under former O.C.G.A. § 15-11-29). There was sufficient evidence that venue was proper in Douglas County, Georgia, in a deprivation proceeding, as the Douglas County Department of Family and Children Services (DFCS) had been involved with the family for some time; the subject child’s parent lived in a shelter in Douglas County in May and June of 2010, and at the time the deprivation petition was filed the child was in the custody of the Douglas County DFCS, where the child remained through the entry of the deprivation order. In the Interest of D. S., 316 Ga. App. 296, 728 S.E.2d 890 (2012) (decided under former O.C.G.A. § 15-11-29).

RESEARCH REFERENCES Am. Jur. 2d. - 39 Am. Jur. 2d, Guardian and Ward, § 31 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. U.L.A. - Uniform Juvenile Court Act (U.L.A.) § 11.

PART 3 PETITION AND SUMMONS