TITLE 15 COURTS

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

ARTICLE 5 CHILD IN NEED OF SERVICES

15-11-400. Child in need of services; time limitations for continued custody or temporary custody hearings.

The continued custody hearing for a child alleged to be a child in need of services shall be held promptly and no later than:
1. Twenty-four hours, excluding weekends and holidays, after such child is taken into temporary custody if he or she is being held in a secure residential facility or nonsecure residential facility; or
2. Seventy-two hours, excluding weekends and holidays, after such child is placed in foster care.
If a child alleged to be a child in need of services was never taken into temporary custody or is released from temporary custody at the continued custody hearing, the following time frames apply:
1. The petition for a child in need of services shall be filed:
  1. Within 30 days of the filing of the complaint with the juvenile court; or
  2. Within 30 days of such child's release from temporary custody;
2. Summons shall be served at least 72 hours before the adjudication hearing;
3. An adjudication hearing shall be scheduled to be held no later than 60 days after the filing of the petition for a child in need of services; and
4. If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing.
If a child alleged to be a child in need of services is not released from temporary custody at the continued custody hearing, the following time frames apply:
1. The petition for a child in need of services shall be filed within five days of the continued custody hearing;
2. Summons shall be served at least 72 hours before an adjudication hearing;
3. An adjudication hearing shall be scheduled to be held no later than ten days after the filing of the petition for a child in need of services; and
4. If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing.

(Code 1981, §15-11-400, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-25/SB 364.)

The 2014 amendment, effective April 28, 2014, substituted "Twenty-four hours, excluding weekends and holidays," for "Seventy-two hours" at the beginning of paragraph (a)(1); and substituted the present provisions of paragraph (a)(2) for the former provisions, which read: "Five days after such child is placed in foster care, provided that, if the five-day time frame expires on a weekend or legal holiday, the hearing shall be held on the next day which is not a weekend or legal holiday."

Cross references.

- Amendment to Juvenile Court petition, Uniform Rules for the Juvenile Courts of Georgia, Rule 6.6.

Continuance of adjudicatory hearing in Juvenile Court, Uniform Rules for the Juvenile Courts of Georgia, Rule 11.3.

Law reviews.

- 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, "The Child as a Party in Interest in Custody Proceedings," see 10 Ga. St. B. J. 577 (1974). For article surveying Georgia cases in the area of juvenile court practice and procedure from June 1979 through May 1980, see 32 Mercer L. Rev. 113 (1980). For article, "Termination of Parental Rights: Recent Judicial and Legislative Trends," see 30 Emory L. J. 1065 (1981). For article, "Georgia's Juvenile Code: New Law for the New Year," see 19 Ga. St. B. J. 13 (Dec. 2013). For note criticizing jurisdiction of juvenile justice system over runaways and advocating alternative legal approaches, see 24 Emory L. J. 1075 (1975). For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 81 (1994).

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