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2018 Georgia Code 15-11-280 | Car Wreck Lawyer

TITLE 15 COURTS

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

ARTICLE 4 TERMINATION OF PARENTAL RIGHTS

15-11-280. Petition; style; contents; putative fathers.

  1. A petition to terminate parental rights and all subsequent court documents in such proceeding shall be entitled "In the interest of __________, a child.", except upon appeal, in which event the anonymity of a child shall be preserved by use of appropriate initials. The petition shall be in writing.
  2. The petition to terminate parental rights shall be made, verified, and endorsed by the court as provided in Article 3 of this chapter for a petition alleging dependency.
  3. A petition to terminate parental rights shall:
    1. State clearly that an order for termination of parental rights is requested and that the effect of the order will conform to Code Section 15-11-261;
    2. State the statutory ground, as provided in Code Section 15-11-310, on which the petition is based; and
    3. Set forth plainly and with particularity:
      1. The facts which bring a child within the jurisdiction of the court, with a statement that it is in the best interests of such child and the public that the proceeding be brought;
      2. The name, age, date of birth, and residence address of the child named in the petition;
      3. The name and residence address of the parent, guardian, or legal custodian of such child; or, if the parent, guardian, or legal custodian of the child named in the petition to terminate parental rights does not reside or cannot be found within the state or if such place of residence address is unknown, the name of any known adult relative of such child residing within the county or, if there is none, the known adult relative of such child residing nearest to the location of the court;
      4. Whether the child named in the petition is in protective custody and, if so, the place of his or her foster care and the time such child was taken into protective custody; and
      5. Whether any of the information required by this paragraph is unknown.
  4. When a petition to terminate parental rights seeks termination of the rights of a biological father who is not the legal father and who has not surrendered his rights to his child, the petition shall include a certificate from the putative father registry disclosing the name, address, and social security number of any registrant acknowledging paternity of the child named in the petition or indicating the possibility of paternity of a child of the child's mother for a period beginning no more than two years immediately preceding such child's date of birth. The certificate shall document a search of the registry on or before the date of the filing of the petition and shall include a statement that the registry is current as to filings of registrants as of the date of the petition.
  5. A copy of a voluntary surrender or written consent, if any, previously executed by a parent of the child named in the petition to terminate parental rights shall be attached to the petition.

(Code 1981, §15-11-280, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-19/SB 364.)

The 2014 amendment, effective April 28, 2014, in the second sentence of subsection (d), substituted "before" for "after" and deleted "or as of a date later than the date of the petition" following "petition" from the end.

Law reviews.

- For article discussing due process in juvenile court procedures in California and Georgia, in light of In re Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967), see 8 Ga. St. B. J. 9 (1971). For article, "Child Custody - Jurisdiction and Procedure," see 35 Emory L. J. 291 (1986). For comment on grandparents' visitation rights in Georgia, see 29 Emory L. J. 1083 (1980).

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