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2018 Georgia Code 15-11-301 | Car Wreck Lawyer

TITLE 15 COURTS

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

ARTICLE 4 TERMINATION OF PARENTAL RIGHTS

15-11-301. Expedited hearings; orders.

  1. If no just cause has been shown for delay, all hearings contemplated by this article shall be conducted within 90 days of the date a petition to terminate parental rights is filed.
  2. If no just cause for delay has been shown by written finding of fact by the court, an order of disposition shall be issued by the juvenile court no later than 30 days after the conclusion of the hearing on the petition to terminate parental rights.
  3. All hearings contemplated by this article shall be recorded by stenographic notes or by electronic, mechanical, or other appropriate means capable of accurately capturing a full and complete record of all words spoken during the hearings. If no just cause for delay has been shown, the court reporter shall provide a transcript of the hearings no later than 30 days after a notice of appeal is filed.
  4. This Code section shall not affect the right to request a rehearing or the right to appeal the juvenile court's order.
  5. Failure to comply with the time requirements of this Code section shall not be grounds to invalidate an otherwise proper order terminating parental rights unless the court determines that such delay resulted in substantial prejudice to a party.

(Code 1981, §15-11-301, 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of the similarity of the statutory provisions, decisions under pre-2014 Code Section 15-11-106, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.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.

Just cause for delay.

- Although a hearing in a mother's parental rights termination proceeding was not held for two years, such was justified based on a finding that there was just cause for delay as one of the fathers of the five children involved in the termination proceeding was difficult to serve; service by publication was too costly for the county agency, many attempts to effect personal service were unsuccessfully made, and the mother deliberately hindered the agency's efforts to obtain service on the father. In the Interest of A.A., 274 Ga. App. 791, 618 S.E.2d 723 (2005) (decided under former O.C.G.A. § 15-11-106).

Cited in In the Interest of S. P., 336 Ga. App. 488, 784 S.E.2d 846 (2016).

Cases Citing Georgia Code 15-11-301 From Courtlistener.com

Total Results: 1

In re Interest of I.L.M.

Court: Supreme Court of Georgia | Date Filed: 2018-06-29

Citation: 816 S.E.2d 620, 304 Ga. 114

Snippet: subject to time restrictions. See, e.g., OCGA § 15-11-301 (time requirements for hearings on petitions to