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2018 Georgia Code 15-11-476 | Car Wreck Lawyer

TITLE 15 COURTS

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

ARTICLE 6 DELINQUENCY

15-11-476. Appointment of guardian ad litem.

  1. The court shall appoint a guardian ad litem whenever:
    1. An alleged delinquent child appears before the court without his or her parent, guardian, or legal custodian;
    2. It appears to the court that a parent, guardian, or legal custodian of an alleged delinquent child is incapable or unwilling to make decisions in the best interests of such child with respect to proceedings under this article such that there may be a conflict of interest between such child and his or her parent, guardian, or legal custodian; or
    3. The court finds that it is otherwise in a child's best interests to do so.
  2. The role of a guardian ad litem in a delinquency proceeding shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter.
  3. In a delinquency proceeding, a child's parent, guardian, legal custodian, or attorney shall not prohibit or impede the child's guardian ad litem's access to such child.

(Code 1981, §15-11-476, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-36/SB 364.)

The 2014 amendment, effective April 28, 2014, deleted former subsection (a), which read: "The court shall appoint a CASA to act as a guardian ad litem whenever possible, and a CASA may be appointed in addition to an attorney who is serving as a guardian ad litem."; redesignated former subsections (b) through (d) as present subsections (a) through (c), respectively; deleted "separate" following "appoint a" in the introductory paragraph of subsection (a); and rewrote present subsection (c).

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