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O.C.G.A. § 15-11-33 — Transfer when disposition incorporates reunification plan and parents reside in different counties | Georgia Code

O.C.G.A. § 15-11-33 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 15 COURTS

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

ARTICLE 1 GENERAL PROVISIONS

15-11-33. Transfer when disposition incorporates reunification plan and parents reside in different counties.

Whenever an order of disposition incorporates a reunification plan and the residence of the parent is not in the county of the court with jurisdiction or the residence of the parent changes to a county other than the county of the court with jurisdiction, the court may transfer jurisdiction to the juvenile court of the residence of the parent to whom the reunification plan is directed.
Within 30 days of the filing of the transfer order, the transferring court shall provide the receiving court with certified copies of the adjudication order, the order of disposition, the order of transfer, the case plan, and any other court documents deemed necessary by the transferring court to enable the receiving court to assume jurisdiction over the matter.
The transferring court shall retain jurisdiction until the receiving court acknowledges acceptance of the transfer.
Compliance with this Code section shall terminate jurisdiction in the transferring court and confer jurisdiction in the receiving court.

(Code 1981, §15-11-33, 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of the similarity of the statutory provisions, decisions under pre-2014 Code Section 15-11-30.5, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.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.

Counsel not ineffective for failure to file transfer motion.

- Given the children services department's opposition to transferring a mother's reunification plan to the county where the mother was living, and given that the transfer was not mandatory under former O.C.G.A. § 15-11-30.5 (see now O.C.G.A. § 15-11-33), the mother's attorney was not deficient in failing to file a transfer motion. In the Interest of C.G., 279 Ga. App. 730, 632 S.E.2d 472 (2006) (decided under former O.C.G.A. § 15-11-30.5)

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