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2018 Georgia Code 15-11-40 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-40 Case Law from Google Scholar Amendments to OCGA 15-11-40

TITLE 15 COURTS

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

ARTICLE 1 GENERAL PROVISIONS

15-11-40. Information sharing; confidentiality.

  1. Notwithstanding any provision contained in this chapter or in any rule or regulation adopted by any department, board, or agency of the state to the contrary, the court and any individual, public or private agency, or other entity participating in a community based risk reduction program may exchange, as necessary, information, medical records, school records, immigration records, records of adjudication, treatment records, and any other records or information which may aid in the assessment of and intervention with the children and families in such program if such exchange of information is ordered by the court or consented to by the parties. Such information shall be used by such individuals and agencies only for the purposes provided in this chapter and as authorized by the court for the purpose of implementing the case plan and for the purposes permitted under each agency's own rules and regulations. Such information shall not be released to any other individual or agency except as may be necessary to effect the appropriate treatment or intervention as provided in the case plan. Such information shall otherwise remain confidential as required by state and federal law and the court may punish any violations of confidentiality as contempt of court.
  2. Any person who authorizes or permits any unauthorized person or agency to have access to confidential records or reports of child abuse shall be guilty of a misdemeanor. Any person who knowingly and under false pretenses obtains or attempts to obtain confidential records or reports of child abuse or information contained therein shall be guilty of a misdemeanor.
  3. Confidential records or reports of child abuse and information obtained from such records may not be made a part of any record which is open to the public except that a prosecuting attorney may use and make public that record or information in the course of any criminal prosecution for any offense which constitutes or results from child abuse.
  4. This Code section shall not abridge the provisions relating to confidentiality of patient or client records and shall not serve to destroy or in any way abridge the confidential or privileged character thereof.

(Code 1981, §15-11-40, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Cross references.

- Exchange of information, § 15-11-710.

RESEARCH REFERENCES

ALR.

- Validity and efficacy of minor's waiver of right to counsel - cases decided since application of Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967), 101 A.L.R.5th 351.

JUDICIAL DECISIONS

Cited in In the Interest of H. J. C., 331 Ga. App. 506, 771 S.E.2d 184 (2015).

Cases Citing O.C.G.A. § 15-11-40

Total Results: 5  |  Sort by: Relevance  |  Newest First

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Interest of I. S., 278 Ga. 859 (Ga. 2005).

Cited 53 times | Published | Supreme Court of Georgia | Jan 10, 2005 | 607 S.E.2d 546

...Walker County Dept. of Family &c. Svcs., 235 Ga. 817 (221 SE2d 589) (1976), appellants did not appeal the ruling. Nor did they file a motion for new trial, see In the Interest of T.A. W., 265 Ga. 106 (454 SE2d 134) (1995), or a motion pursuant to OCGA § 15-11-40 to modify or vacate the juvenile court’s order. At a review hearing conducted May 21, 2003, the court heard from the parties that appellants had complied with the conditions prescribed by the court and that the infants were “doing fine,” although the results of medical testing undertaken to determine if I....
...Appellants could have filed a motion for new trial or a notice of appeal challenging the propriety of the May 8 deprivation order within the 30-day period after it was rendered. They chose not to do so. Outside that 30-day period appellants still had the avenue of relief provided by OCGA § 15-11-40, see In the Interest ofB....
...f a deprivation ruling once it has been upheld on appeal, parties are not prevented from thereafter obtaining a modification or vacation of that ruling “on the ground that changed circumstances so require in the best interest of the child.” OCGA § 15-11-40 (b)....
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Ertter v. Dunbar, 292 Ga. 103 (Ga. 2012).

Cited 22 times | Published | Supreme Court of Georgia | Nov 19, 2012 | 734 S.E.2d 403, 2012 Fulton County D. Rep. 3593

...takes jurisdiction shall retain it, unless a good reason shall be given for the interference of equity.” The placement/custody order “may he modified following a petition for modification hy a party or upon motion of the court pursuant to OCGA § 15-11-40.” OCGA § 15-11-58 (i) (1) (D)....
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In the Interest of J. H., 396 S.E.2d 885 (Ga. 1990).

Cited 10 times | Published | Supreme Court of Georgia | Oct 17, 1990 | 260 Ga. 447

...the court finds have a proper interest in the proceeding or in the work of the court." See generally Florida Publishing Co. v. Morgan, 253 Ga. 467 (322 SE2d 233) (1984). We conclude the juvenile court properly exercised its discretion to allow the reporter to remain in the courtroom. 4. J. H. finally argues that § 15-11-40 (b) required the juvenile court to commit J. H. to the Department of Human Resources because Dr. Cooper concluded that J. H. was committable as a mentally ill child. We find no error. *450 OCGA § 15-11-40 (b) provides that if a court requests a report of a child's mental health, and the report concludes that the child is committable under the laws of this state as a mentally retarded or mentally ill child, the court shall order the child detained and shall proceed within ten days to commit the child to the Division of Mental Health, Mental Retardation, and Substance Abuse of the Department of Human Resources. OCGA § 15-11-40 (c) provides that "[i]f the child is found not to be committable, the court shall proceed to the disposition or transfer of the child as otherwise provided by this article." J....
...Cooper concluded that J. H. was committable, the juvenile court had no discretion to order a further report of J. H.'s mental condition, but instead had to commit J. H. to the Department of Human Resources. However, this argument must fail because § 15-11-40 does not limit the trial court to ordering one report....
...Baccus reached differing conclusions regarding whether J. H. was committable, the juvenile court was faced with a factual question regarding whether J. H. was committable, and the court decided she was not. We thus conclude that the court was not required to commit J. H. under § 15-11-40....
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In the Interest of H. G. D., Child., 304 Ga. 820 (Ga. 2018).

Published | Supreme Court of Georgia | Dec 10, 2018

...not pose a question about OCGA § 15-11-32, and the parties have not fully 2 Notably, under the old Juvenile Code, the hearing required before the juvenile court granted or denied relief under the order-modification statute could be “informal,” see former OCGA § 15-11-40 (d)....
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In Re Is, 607 S.E.2d 546 (Ga. 2005).

Published | Supreme Court of Georgia | Jan 10, 2005 | 278 Ga. 859

...492, 480 S.E.2d 8 (1997) and Sanchez v. Walker County DFACS, 235 Ga. 817, 221 S.E.2d 589 (1976), appellants did not appeal the ruling. Nor did they file a motion for new trial, see In the Interest of T.A.W., 265 Ga. 106, 454 S.E.2d 134 (1995), or a motion pursuant to OCGA § 15-11-40 to modify or vacate the juvenile court's order....
...Appellants could have filed a motion for new trial or a notice of appeal challenging the propriety of the May 8 deprivation order within the 30-day period after it was rendered. They chose not to do so. Outside that 30-day period appellants still had the avenue of relief provided by OCGA § 15-11-40, see In the Interest of B.S.H., 236 Ga.App....
...[5] While parties are foreclosed from challenging the propriety of a deprivation ruling once it has been upheld on appeal, parties are not prevented from thereafter obtaining a modification or vacation of that ruling "on the ground that changed circumstances so require in the best interest of the child." OCGA § 15-11-40(b)....