TITLE 15 COURTS

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

ARTICLE 5 CHILD IN NEED OF SERVICES

15-11-413. Continued custody hearing.

1. If a child alleged to be a child in need of services is being held in a secure residential facility or nonsecure residential facility, a continued custody hearing shall be held within 24 hours, excluding weekends and holidays. If such hearing is not held within the time specified, such child shall be released from temporary detention in accordance with subsection (c) of Code Section 15-11-411 and with authorization of the detaining authority.
2. If a child alleged to be a child in need of services is not being held in a secure residential facility or nonsecure residential facility and has not been released to the custody of such child's parent, guardian, or legal custodian, a hearing shall be held within 72 hours, excluding weekends and holidays, after such child is placed in foster care.

(Code 1981, §15-11-413, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-29/SB 364.)

The 2014 amendment, effective April 28, 2014, substituted "24 hours, excluding weekends and holidays" for "72 hours" at the end of the first sentence of subsection (a); in subsection (b), substituted "within 72 hours, excluding weekends and holidays, after such child is placed in foster care" for "promptly and not later than 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"; and deleted former subsection (c), which read: "(c) At the commencement of a continued custody hearing, the court shall inform the parties of:

"(1) The nature of the allegations;

"(2) The nature of the proceedings;

"(3) The possible consequences or dispositions that may apply to such child's case following adjudication; and

"(4) Their due process rights, including the right to an attorney and to an appointed attorney; the privilege against self incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose."