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2018 Georgia Code 15-11-41 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-41 Case Law from Google Scholar Amendments to OCGA 15-11-41

TITLE 15 COURTS

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

ARTICLE 1 GENERAL PROVISIONS

15-11-41. Compliance with privacy laws.

  1. 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:
      1. If the person is 18 or has been emancipated, consent from the person to whom such information relates;
      2. 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
      3. 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:
      1. If the person is 18 or has been emancipated, consent from the person to whom such information relates;
      2. 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;
      3. A subpoena requiring the release of such information; or
      4. An order of the court requiring the release of such information.
  2. 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.
  3. 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.
  4. 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.

(Code 1981, §15-11-41, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Law reviews.

- For article, "Georgia's Juvenile Code: New Law for the New Year," see 19 Ga. St. B. J. 13 (Dec. 2013).

Cases Citing O.C.G.A. § 15-11-41

Total Results: 4  |  Sort by: Relevance  |  Newest First

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Watkins v. Watkins, 466 S.E.2d 860 (Ga. 1996).

Cited 23 times | Published | Supreme Court of Georgia | Feb 19, 1996 | 266 Ga. 269, 96 Fulton County D. Rep. 676

...309, 154 S.E.2d 591 (1967) (when a superior court judge sits as a juvenile court judge, the orders issued by him are orders of the juvenile court and not of the superior court and must conform to the legal requirements applying to juvenile courts). [11] 191 Ga.App. 278, 381 S.E.2d 426 (1989). [12] See OCGA § 15-11-41(e)....
...D) Is without a parent, guardian, or custodian. [14] See Cothran v. Cothran, 237 Ga. 487, 228 S.E.2d 872 (1976); Gazaway v. Brackett, 241 Ga. 127, 129, 244 S.E.2d 238 (1978). [15] See Adams v. Hefferman, 217 Ga. 404, 122 S.E.2d 735 (1961). [16] OCGA § 15-11-41(d)....
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In the Interest of M. D. H., 300 Ga. 46 (Ga. 2016).

Cited 18 times | Published | Supreme Court of Georgia | Oct 31, 2016 | 793 S.E.2d 49

...the Interest of E. C., 291 Ga. App. 440, 441 (662 SE2d 252) (2008) (following R. D. F. 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....
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In re T. B., 268 Ga. 149 (Ga. 1997).

Cited 9 times | Published | Supreme Court of Georgia | Jun 30, 1997 | 486 S.E.2d 177

Hines, Justice. This appeal challenges the constitutionality of former OCGA § 15-11-41 (g)....
...was committed jointly to the Department of Children & Youth Services (DCYS) and the Gordon County Department of Family & Children Services (DFCS). The commitment to DCYS was for a period of two years. Near the end of that time, DCYS moved for an extension of custody pursuant to former OCGA § 15-11-41 (g). The juvenile court conducted a hearing in the matter at which T. B. was represented by an attorney and a guardian ad litem. T. B.’s counsel argued that former OCGA § 15-11-41 (g) violated the substantive due *150process and double jeopardy provisions of the State and Federal Constitutions....
...was in need of continuing sex offender treatment at a specific psychiatric facility and that a continuation of commitment to DCYS to obtain such counseling would be in T. B.’s best interest. The court also concluded as a matter of law that former OCGA § 15-11-41 (g) did not violate either the State or Federal Constitution. T....
...cend even the most admirable legislative purposes.” In the Interest of S. H., supra at 571, citing In the Interest of S. L. H., 205 Ga. App. 278, 280 (422 SE2d 43) (1992). However, here there is no conflict. An order of extension under former OCGA § 15-11-41 (g) operates to further the accomplishment of the juvenile’s treatment and rehabilitation, and thus, does not run afoul of the constitutional *151prohibitions against double jeopardy. Decided June 30, 1997. Scott J. Forster, for appellant. T. Joseph Campbell, District Attorney, Rebecca B. Paris, Assistant District Attorney, for appellee. Judgment affirmed. All the Justices concur. OCGA § 15-11-41 was rewritten in 1996, but the revised statute did not go into effect until July 1 of that year, subsequent to the hearing in this case. Former OCGA § 15-11-41 (g) reads: Except as otherwise provided by law, any other order of disposition in a proceeding involving delinquency, unruliness, or deprivation, except in an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years....
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In Re Tb, 486 S.E.2d 177 (Ga. 1997).

Published | Supreme Court of Georgia | Jun 30, 1997 | 268 Ga. 149, 97 Fulton County D. Rep. 2342

...Scott Joseph Forster, Calhoun, for T.B. Thomas Joseph Campbell, Dist. Atty., Cartersville, Rebecca Baxter Paris, Asst. Dist. Atty., Calhoun, for Dept. of Children and Youth Services. HINES, Justice. This appeal challenges the constitutionality of former OCGA § 15-11-41(g)....
...was committed jointly to the Department of Children & Youth Services (DCYS) and the Gordon County Department of Family & Children Services (DFCS). The commitment to DCYS was for a period of two years. Near the end of that time, DCYS moved for an extension of custody pursuant to former OCGA § 15-11-41(g). The juvenile court conducted a hearing in the matter at which T.B. was represented by an attorney and a guardian ad litem. T.B.'s counsel argued that former OCGA § 15-11-41(g) violated the substantive due process and double jeopardy provisions of the State and Federal Constitutions....
...was in need of continuing sex offender treatment at a specific psychiatric facility and that a continuation of commitment to DCYS to obtain such counseling would be in T. B.'s best interest. The court also concluded as a matter of law that former OCGA § 15-11-41(g) *178 did not violate either the State or Federal Constitution....
...he most admirable legislative purposes." In the Interest of S.H., supra at 571, 469 S.E.2d 810, citing In the Interest of S.L.H., 205 Ga.App. 278, 280, 422 S.E.2d 43 (1992). However, here there is no conflict. An order of extension under former OCGA § 15-11-41(g) operates to further the accomplishment of the juvenile's treatment and rehabilitation, and thus, does not run afoul of the constitutional prohibitions against double jeopardy. Judgment affirmed. All the Justices concur. NOTES [1] OCGA § 15-11-41 was rewritten in 1996, but the revised statute did not go into effect until July 1 of that year, subsequent to the hearing in this case. Former OCGA § 15-11-41(g) reads: Except as otherwise provided by law, any other order of disposition in a proceeding involving delinquency, unruliness, or deprivation, except in an order involving the appointment of a guardian of the person or property of a child, continues in force for not more than two years....