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2018 Georgia Code 15-11-420 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-420 Case Law from Google Scholar Amendments to OCGA 15-11-420

TITLE 15 COURTS

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

ARTICLE 5 CHILD IN NEED OF SERVICES

15-11-420. Authority to file petition.

A petition alleging that a child is a child in need of services may be filed by a parent, a guardian, a legal custodian, a law enforcement officer, a guardian ad litem, an attorney who has knowledge of the facts alleged or is informed and believes that such facts are true, or a prosecuting attorney. Except when such petition has been filed by a prosecuting attorney, it shall not be accepted for filing unless the court or a person authorized by the court has determined and endorsed on the petition that the filing of the petition is in the best interests of the public and such child. When such petition is filed by a prosecuting attorney, the prosecuting attorney shall be authorized to conduct the proceedings on behalf of the state as parens patriae.

(Code 1981, §15-11-420, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-32/SB 364; Ga. L. 2015, p. 540, § 2-3/HB 361.)

The 2014 amendment, effective April 28, 2014, substituted "filed by a parent, a guardian, a legal custodian, a law enforcement officer, a guardian ad litem, or an attorney" for "made by any person, including a law enforcement officer," in the first sentence; and substituted "accepted for filing" for "filed" near the beginning of the second sentence.

The 2015 amendment, effective May 5, 2015, deleted "or" following "guardian ad litem," near the beginning of the first sentence, substituted "true, or a prosecuting attorney. Except when such petition has been filed by a prosecuting attorney, it shall" for "true. Such petition shall", and added the last sentence.

Cross references.

- Definition of grandparent and securing of rights, § 19-7-3.

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, "An Outline of Juvenile Court Jurisdiction with Focus on Child Custody," see 10 Ga. St. B. J. 275 (1973). For article, "Child Custody - Jurisdiction and Procedure," see 35 Emory L. J. 291 (1986). For article, "Hush, Little Baby, Don't Say a Word: How Seeking the 'Best Interests of the Child' Fostered a Lack of Accountability in Georgia's Juvenile Courts," see 58 Mercer L. Rev. 531 (2007). For article, "The Prosecuting Attorney in Georgia's Juvenile Courts," see 13 Ga. St. B. J. 27 (2008). For note criticizing jurisdiction of juvenile justice system over runaways and advocating alternative legal approaches, see 24 Emory L. J. 1075 (1975). For comment on grandparents' visitation rights in Georgia, see 29 Emory L. J. 1083 (1980).

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