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2018 Georgia Code 15-11-29.1 | Car Wreck Lawyer

TITLE 15 COURTS

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

ARTICLE 1 GENERAL PROVISIONS

15-11-29.1. Parental accountability; court orders; enforcement.

  1. In any proceeding involving a child in need of services or a delinquent child or when a case plan has been imposed under Code Sections 15-11-38 and 15-11-39, upon the application of the prosecuting attorney or a party to the plan under Code Sections 15-11-38 and 15-11-39, or on the court's own motion, the court may issue an order restraining or otherwise controlling the conduct of such child's parent, guardian, or legal custodian so as to promote such child's treatment, rehabilitation, and welfare, provided that due notice of the application or motion and the grounds therefor and an opportunity to be heard thereon have been given to such parent, guardian, or legal custodian. When the court is determining if an order is appropriate, it shall consider:
    1. The best interests of such child;
    2. The risk to public safety such delinquent child poses;
    3. Evidence of a repeated pattern of behavior by such child; and
    4. The extent to which enhanced involvement and supervision of such child may ameliorate public safety concerns.
  2. An order issued under this Code section may require a parent, guardian, or legal custodian to:
    1. Ensure that the child attends school pursuant to any law relating to compulsory attendance;
    2. Monitor the child's school homework and studies after school;
    3. Attend school meetings as requested by the child's teacher, counselor, or school administrator;
    4. Participate with the child in any counseling or treatment deemed necessary, after consideration of employment and other family needs, and follow recommendations made by such professionals;
    5. Provide transportation for the child to attend counseling, programs, or other services ordered by the court;
    6. Provide instruction and guidance to improve the child's behavior;
    7. Prohibit specific individuals from having contact with the child or from entering the child's residence;
    8. When the child is on probation:
      1. Provide transportation to the probation office or any other counseling or program directed by the child's probation officer;
      2. Cooperate with the child's probation officer and answer all of his or her questions truthfully; and
      3. Allow access to the child upon the request of the probation officer;
    9. Enter into and successfully complete a substance abuse program approved by the court;
    10. Abstain from offensive conduct against the child;
    11. Pay for the costs and expenses of the child's counseling, treatment, or other services in the same manner as set forth in subsection (c) of Code Section 15-11-36;
    12. Pay restitution as set forth in Code Section 17-14-5;
    13. Pay any judgment entered pursuant to Code Section 51-2-3; and
    14. Take any other action or refrain from any other action that the court finds reasonably related to the child's treatment, rehabilitation, or welfare and the safety of the public.
  3. After notice and opportunity for hearing afforded to a person subject to an order entered under this Code section, such order may be modified or extended for a further specified period, or both, or may be terminated if the court finds that the best interests of the child and the public will be served thereby.
  4. An order entered pursuant to this Code section may be enforced by citation to show cause for contempt of court by reason of any violation thereof and, when protection of the welfare of a child so requires, by the issuance of a warrant to take the alleged violator into custody and bring him or her before the court.

(Code 1981, §15-11-29.1, enacted by Ga. L. 2017, p. 604, § 1-1/SB 175.)

Effective date.

- This Code section became effective July 1, 2017.

Law reviews.

- For annual survey on criminal law, see 69 Mercer L. Rev. 73 (2017).

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