O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
(a) Except as otherwise provided in Code Section 15-11-710, entities governed by federal or state privacy laws may require the following before sharing confidential information: (1) For release of child abuse records by the department, a subpoena and subsequent order of the court requiring the release of such information in accordance with Code Section 49-5-41; (2) For release of information relating to diagnosis, prognosis, or treatment of drug and alcohol abuse: (A) If the person is 18 or has been emancipated, consent from the person to whom such information relates;
(B) If the person is under the age of 18 years and has not been emancipated, valid consent from such person’s parent, guardian, or legal custodian or consent by a parent, guardian, or legal custodian to a confidentiality agreement between the health care provider and the unemancipated minor; provided, however, that consent from an unemancipated minor shall be sufficient for the release of such information if the unemancipated minor is allowed by law to consent to the health care service to which the records relate without the consent of a parent, guardian, or legal custodian and has not designated anyone as a personal representative; or (C) A subpoena requiring the release of such information and protective order of the court regarding the release of such information; and (3) For release of confidential health, mental health, or education records: (A) If the person is 18 or has been emancipated, consent from the person to whom such information relates; (B) If the person is under the age of 18 years and has not been emancipated, valid consent from such person’s parent, guardian, or legal custodian or consent by a parent, guardian, or legal custodian to a confidentiality agreement between the health care provider and the unemancipated minor; provided, however, that consent from an unemancipated minor shall be sufficient for the release of such information if the unemancipated minor is allowed by law to consent to the health care service to which the records relate without the consent of a parent, guardian, or legal custodian and has not designated anyone as a personal representative; (C) A subpoena requiring the release of such information; or (D) An order of the court requiring the release of such information. (b) In issuing an order for the release of information under this Code section, the court may: (1) Include protections against further disclosure of the information; (2) Limit the purposes for which the information may be used; and (3) Require records to be redacted so that only relevant information is shared. (c) Nothing in this Code section shall be deemed to replace the responsibility of entities governed by federal and state privacy laws to comply with such laws.
(d) Nothing in this Code section shall be construed as barring or limiting the release of confidential information referred to in this Code section pursuant to a search warrant.
History
Code 1981, § 15-11-41, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.
Annotations
Law reviews. - For article, ‘‘Georgia’s Juvenile Code: New Law for the New Year,’’ see 19 Ga. St. B. J. 13 (Dec. 2013).
ARTICLE 2 JUVENILE COURT ADMINISTRATION Law reviews. - For article, ‘‘Why ( Jury-Less) Juvenile Courts are Unconstitutional,’’ see 69 Emory L.J. 273 (2019).
For comment, “Pre-Adjudication Access to Counsel for Juveniles,” see 69 Emory L.J. 359 (2019).
Notes of Decisions
Cited in
82
cases (
1 in the last 5 years), 1983–2025 · leading case:
In the Interest of v. S., 495 S.E.2d 142 (Ga. Ct. App. 1997).
In the Interest of v. S., 495 S.E.2d 142 (Ga. Ct. App. 1997).
· cites it 26× “1 The appellant also contends that the juvenile court failed to follow certain procedural requirements imposed by OCGA § 15-11-41. For the reasons dis *27 cussed below, we affirm the decision of the juvenile court.”
In the Interest of S. J. C., 507 S.E.2d 226 (Ga. Ct. App. 1998).
· cites it 22× ““[W]e find no merit in the appellant[’s] assertion that DFACS wás required to provide appropriate resources to aid in the reunification of the family for a period of one year after the reunification plan was ordered.”
In the Interest of B. G., 497 S.E.2d 572 (Ga. Ct. App. 1998).
· cites it 22× “appeals the Gwinnett County Juvenile Court’s order extending temporary legal custody of her children to the Gwinnett County Department of Family & Children Services (“DFCS”) pursuant to OCGA § 15-11-41.* 1 Because the juvenile court was without authority to extend DFCS’s…”
In the Interest of A. M. B., 464 S.E.2d 253 (Ga. Ct. App. 1995).
· cites it 8× “OCGA § 15-11-41 (b) provides the juvenile court “shall.”
In the Interest of S. A. W., 491 S.E.2d 441 (Ga. Ct. App. 1997).
· cites it 12× “See OCGA §§ 15-11-41 (b); 15-11-34 (a) (2). The court ordered the mother to participate in a drug treatment program, attend parenting classes, visit the child, and participate in random drug screens as ordered by DFACS.”
In the Interest of S. S., 501 S.E.2d 618 (Ga. Ct. App. 1998).
· cites it 6× “” The court withheld decision on whether DFACS could suspend reunification efforts pursuant to OCGA § 15-11-41 (i) pending a psychological evaluation of appellant, the natural mother.”
Watkins v. Watkins, 466 S.E.2d 860 (Ga. 1996).
· cites it 8× “See OCGA § 15-11-41 (e). OCGA § 15-11-2 (8) provides as follows: (8) “Deprived child” means a child who: *272 (A) Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional…”
In Re Jcp, 307 S.E.2d 1 (Ga. Ct. App. 1983).
· cites it 6× “" OCGA § 15-11-41 (a) (Code Ann. § 24A-2701).”
In the Interest of K. M., 522 S.E.2d 667 (Ga. Ct. App. 1999).
· cites it 24× “Under OCGA § 15-11-41 (c), the State must submit a report to the trial court within 30 days after removing a child from the home.”
In the Interest of J. S., 502 S.E.2d 788 (Ga. Ct. App. 1998).
· cites it 4× “A case plan was developed pursuant to former OCGA § 15-11-41 (c) (l)-(6) and incorporated in the custody order in May 1995.”
In the Interest of M. D. H., 793 S.E.2d 49 (Ga. 2016).
· cites it 2× “in holding that the consequence for missing the deadline requiring a deprivation petition to be filed within five days of the detention hearing under former OCGA § 15-11-41 (e) was dismissal without prejudice); In the Interest of K.”
In the Interest of K. H., 494 S.E.2d 69 (Ga. Ct. App. 1997).
· cites it 16× “The mother contends that the trial court erred in denying her motion to dismiss in which she argued that the failure to conduct a hearing pursuant to OCGA § 15-11-41 (f) to review DFCS’s decision not to propose a plan for reunification precluded termination of her parental…”
— 15-11-41(a) — 3 cases
In Re Bsh, 514 S.E.2d 70 (Ga. Ct. App. 1999).
In Re Dp, 644 S.E.2d 299 (Ga. Ct. App. 2007).
— 15-11-41(b) — 11 cases
In Re Ctm, 628 S.E.2d 713 (Ga. Ct. App. 2006).
In Re Sk, 545 S.E.2d 674 (Ga. Ct. App. 2001).
In Re Jlb, 634 S.E.2d 514 (Ga. Ct. App. 2006).
In Re Tr, 548 S.E.2d 621 (Ga. Ct. App. 2001).
In Re Dta, 717 S.E.2d 536 (Ga. Ct. App. 2011).
— 15-11-41(b)(4) — 1 case
In Re Jv, 526 S.E.2d 386 (Ga. Ct. App. 1999).
— 15-11-41(c) — 6 cases
In Re Jcp, 307 S.E.2d 1 (Ga. Ct. App. 1983).
“" OCGA § 15-11-41 (a) (Code Ann. § 24A-2701).”
In Re Km, 522 S.E.2d 667 (Ga. Ct. App. 1999).
In Re Aso, 530 S.E.2d 261 (Ga. Ct. App. 2000).
In Re Cs, 511 S.E.2d 895 (Ga. Ct. App. 1999).
In Re Tr, 548 S.E.2d 621 (Ga. Ct. App. 2001).
— 15-11-41(c)(3) — 1 case
— 15-11-41(d) — 2 cases
Watkins v. Watkins, 466 S.E.2d 860 (Ga. 1996).
“See OCGA § 15-11-41 (e). OCGA § 15-11-2 (8) provides as follows: (8) “Deprived child” means a child who: *272 (A) Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional…”
In Re Aso, 530 S.E.2d 261 (Ga. Ct. App. 2000).
— 15-11-41(d)(3) — 1 case
In Re Jv, 526 S.E.2d 386 (Ga. Ct. App. 1999).
— 15-11-41(e) — 1 case
Watkins v. Watkins, 466 S.E.2d 860 (Ga. 1996).
“See OCGA § 15-11-41 (e). OCGA § 15-11-2 (8) provides as follows: (8) “Deprived child” means a child who: *272 (A) Is without proper parental care or control, subsistence, education as required by law, or other care or control necessary for his physical, mental, or emotional…”
— 15-11-41(f) — 1 case
In Re Km, 522 S.E.2d 667 (Ga. Ct. App. 1999).
— 15-11-41(g) — 4 cases
In Re Tr, 548 S.E.2d 621 (Ga. Ct. App. 2001).
In Re Km, 522 S.E.2d 667 (Ga. Ct. App. 1999).
— 15-11-41(i) — 5 cases
In Re Km, 522 S.E.2d 667 (Ga. Ct. App. 1999).
In Re Cs, 511 S.E.2d 895 (Ga. Ct. App. 1999).
In Re Tr, 548 S.E.2d 621 (Ga. Ct. App. 2001).
In Re Ru, 521 S.E.2d 610 (Ga. Ct. App. 1999).
In Re Lsm, 512 S.E.2d 397 (Ga. Ct. App. 1999).
— 15-11-41(i)(1) — 3 cases
In Re Km, 522 S.E.2d 667 (Ga. Ct. App. 1999).
In Re Ru, 521 S.E.2d 610 (Ga. Ct. App. 1999).
In Re Lsm, 512 S.E.2d 397 (Ga. Ct. App. 1999).
— 15-11-41(i)(2) — 1 case
In Re Ru, 521 S.E.2d 610 (Ga. Ct. App. 1999).
— 15-11-41(i)(3) — 1 case
In Re Ru, 521 S.E.2d 610 (Ga. Ct. App. 1999).
— 15-11-41(n) — 2 cases
In Re Tb, 529 S.E.2d 620 (Ga. Ct. App. 2000).
— 15-11-41(p) — 1 case
In Re Bsh, 514 S.E.2d 70 (Ga. Ct. App. 1999).
— 15-11-41(q) — 1 case
In Re Bsh, 514 S.E.2d 70 (Ga. Ct. App. 1999).
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.