O.C.G.A.

O.C.G.A. § 15-11-476 (2019)

Appointment of guardian ad litem

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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.

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(a) 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.

(b) 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.

(c) 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.

History

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.

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2020–2023 · leading case: In the Interest of N.T., a Child (Ga. Ct. App. 2020).

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In the Interest of N.T., a Child (Ga. Ct. App. 2020). · cites it 3× “OCGA § 15-11-476 (a). Subsection (b) of that Code section further provides that “[t]he role of a guardian ad litem in a delinquency proceeding shall be the same role 4 as provided for in all dependency proceedings under Article 3 of this chapter.”

In the Interest of M. B., a Child (Ga. Ct. App. 2023). · cites it 2× “16 OCGA § 15-11-476 (b). 13 best interests.”17 The court also may compel a child’s GAL “to attend a hearing relating to such child and to testify.”

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.