ARTICLE 5
CHILD IN NEED OF SERVICES
15-11-390. Filing of complaint.
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A complaint alleging a child is a child in need of services may be made by any person, including a law enforcement officer, who has knowledge of the facts alleged or is informed and believes that such facts are true. A prosecuting attorney may file a complaint alleging a child is in need of services or intervene in such matter to represent the interest of the state as parens patriae.
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The complaint shall set forth plainly and with particularity:
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The name, date of birth, and residence address of the child alleged to be a child in need of services;
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The facts alleging why the court has jurisdiction of the complaint;
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The reasons why the complaint is in the best interests of the child and the public;
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The names and residence addresses of the parent, guardian, or legal custodian, any other family members, or any other individuals living within such child's home;
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The name of any public institution or agency having the responsibility or ability to supply services alleged to be needed by such child; and
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Whether any of the matters required by this subsection are unknown.
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When a school official is filing a complaint alleging a child is a child in need of services, information shall be included which shows that:
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The legally liable school district has sought to resolve the expressed problem through available educational approaches; and
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The school district has sought to engage the parent, guardian, or legal custodian of such child in solving the problem but such person has been unwilling or unable to do so, that the problem remains, and that court intervention is needed.
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When a school official is filing a complaint alleging a child is a child in need of services involving a child who is eligible or suspected to be eligible for services under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973, information shall be included which demonstrates that the legally liable school district:
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Has determined that such child is eligible or suspected to be eligible under the federal Individuals with Disabilities Education Act or Section 504 of the federal Rehabilitation Act of 1973; and
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Has reviewed for appropriateness such child's current Individualized Education Program (IEP) and placement and has made modifications where appropriate.
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The juvenile court intake officer shall be responsible for receiving complaints alleging that a child is a child in need of services.
(Code 1981, §15-11-390, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-24/SB 364; Ga. L. 2015, p. 540, § 2-1/HB 361.)
The 2014 amendment,
effective April 28, 2014, substituted "made by any person, including a law enforcement officer," for "filed by a parent, guardian, or legal custodian, DFCS, a school official, a law enforcement officer, a guardian ad litem, or an attorney" in subsection (a); added paragraphs (b)(2) and (b)(3); and redesignated former paragraphs (b)(2) through (b)(4) as present paragraphs (b)(4) through (b)(6), respectively.
The 2015 amendment,
effective May 5, 2015, added the last sentence in subsection (a).
Cross references.
- Definition of grandparent and securing of rights,
§
19-7-3.
U.S. Code.
- The Individuals with Disabilities Education Act, referred to in this Code section, is codified at 20 U.S.C.
§
1400 et seq.
Section 504 of the federal Rehabilitation Act of 1973, referred to in this Code section, is codified at 29 U.S.C.
§
794.
Law reviews.
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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 article, "See No Evil, Speak No Evil: Georgia Supreme Court Narrows Requirements for Mandatory Reporters in May v. State," see 66 Mercer L. Rev. 837 (2015).
For note criticizing jurisdiction of juvenile justice system over runaways and advocating alternative legal approaches, see 24 Emory L. J. 1075 (1975).
For comment on grandparents' visitation rights in Georgia, see 29 Emory L. J. 1083 (1980).
