O.C.G.A.
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.
(a) To the extent that the provisions of this article conflict with a local constitutional amendment authorizing the election of a juvenile court judge and with the provisions of a local Act authorized by such local constitutional amendment to provide for the term of office, vacancies in office, qualifications, compensation, and full-time or part-time status of a juvenile court judge or judges, the provisions of such local constitutional amendment and such local Act shall govern. (b) The state grants provided by Code Section 15-11-52 shall be provided to any circuit encompassing a juvenile court governed by the provisions of a local constitutional amendment and a local Act in the same manner as other circuits, except that, in any circuit with one or more elected juvenile court judges, the elected juvenile court judge who is senior in duration of service as a juvenile court judge shall establish, subject to other applicable provisions of law, the total number of circuit-wide juvenile court judges, whether the judge or judges shall be full time or part time or a combination of full time and part time, and the compensation of any part-time juvenile court judge or judges.
History
Code 1981, § 15-11-55, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.
Annotations
OPINIONS OF THE ATTORNEY GENERAL Editor’s notes. - In light of the similarity of the statutory provisions, opinions decided under pre-2014 Code Section 15-11-18, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor’s notes at the beginning of the chapter.
Local legislation not necessary. - Local legislation is not necessary to establish a juvenile court for a particular county alone, but the powers of the juvenile court cannot be restricted to only that county. 2000 Op. Att’y Gen. No. U2000-3 (decided under former O.C.G.A. § 15-11-18).
Notes of Decisions
In the Interest of A. N., 636 S.E.2d 496 (Ga. 2006).
· cites it 16× “Despite the consistency of this case law, the juvenile court found that amendments made to OCGA § 15-11-55 in 2003 altered this well-settled precept.”
Long v. Long, 692 S.E.2d 811 (Ga. Ct. App. 2010).
· cites it 10× “Under OCGA § 15-11-55 (c), “[notwithstanding any other provision of law,” the juvenile court is authorized to “conduct sua sponte a judicial review of the current placement plan being provided to said child” and can order that custody be placed outside the Department.”
Dep't of Human Resources v. Ammons, 426 S.E.2d 901 (Ga. Ct. App. 1992).
· cites it 16× “DHR urges that even under OCGA § 15-11-55, the statute which was applicable in termination proceedings in 1979, appointment of a guardian was mandated.”
In the Interest of C. H., 700 S.E.2d 203 (Ga. Ct. App. 2010).
· cites it 4× “First, we have affirmed juvenile court orders requiring no contact as one of the properly authorized “conditions and limitations” a court may prescribe when allowing a parent to retain custody of a deprived child under OCGA § 15-11-55 (a) (1). See A. B., supra, 285 Ga.”
In the Interest of B. K., 755 S.E.2d 863 (Ga. Ct. App. 2014).
· cites it 10× “K, a child, from the custody of the Georgia Department of Human Services, but requiring the Department to continue to make random checks of the child at the home of the new custodian, was in violation of former OCGA § 15-11-55 (c) and (d). 1 Because the juvenile court didnothave…”
In the Interest of T. S., 712 S.E.2d 121 (Ga. Ct. App. 2011).
· cites it 4× “” 17 Indeed, OCGA § 15-11-55 (a) (2) provides that a juvenile court may transfer custody “[i]f the child is found to be deprived .”
In the Interest of A. C., 686 S.E.2d 635 (Ga. 2009).
· cites it 2× “To provide for the care and support of the child as required by law or judicial decree; and (iii) To comply with a court ordered plan designed to reunite the child with the parent or parents; or (5) The parent has been convicted of the murder of the child’s other parent, (c) If…”
Kenny A. ex rel. Winn v. Perdue, 218 F.R.D. 277 (N.D. Ga. 2003).
· cites it 2× “Under Georgia law, on the other hand, once the juvenile court has transferred temporary legal custody to DFCS, its authority is much more limited. The court conducts periodic reviews of the child’s placement plan and may order DFCS to comply with the plan or to devise a new plan…”
In re Interest of I.L.M., 816 S.E.2d 620 (Ga. 2018).
· cites it 2× “If the court finds that a child is deprived, the court shall also make and file a finding as to whether such deprivation is the result of alcohol abuse or drug abuse by a parent or guardian. (c) Disposition. The court shall proceed immediately or at a postponed hearing to make a…”
In the Interest of W. P. H., 549 S.E.2d 513 (Ga. Ct. App. 2001).
· cites it 4× “Having found the child is deprived, the juvenile court was authorized to transfer temporary legal custody of the child to the paternal grandmother or to another qualified person or entity pursuant to the provisions of OCGA § 15-11-55 (a). In fact, the court made the finding…”
In the Interest of J. N., 691 S.E.2d 396 (Ga. Ct. App. 2010).
· cites it 2× “” OCGA § 15-11-55 (a); In the Interest ofJ.”
In the Interest of A. B., 645 S.E.2d 716 (Ga. Ct. App. 2007).
· cites it 2× “” OCGA § 15-11-55 (a) (1). See also In the Interest of J.”
— 15-11-55(2)(B) — 1 case
In Re Gg, 560 S.E.2d 69 (Ga. Ct. App. 2002).
— 15-11-55(a) — 7 cases
In Re Jl, 603 S.E.2d 742 (Ga. Ct. App. 2004).
In Re Ja, 679 S.E.2d 52 (Ga. Ct. App. 2009).
In Re Rjm, 673 S.E.2d 527 (Ga. Ct. App. 2009).
In Re Jn, 691 S.E.2d 396 (Ga. Ct. App. 2010).
— 15-11-55(a)(1) — 6 cases
In Re Ap, 684 S.E.2d 22 (Ga. Ct. App. 2009).
In Re Ab, 645 S.E.2d 716 (Ga. Ct. App. 2007).
In Re Sdh, 652 S.E.2d 570 (Ga. Ct. App. 2007).
In Re Ch, 700 S.E.2d 203 (Ga. Ct. App. 2010).
— 15-11-55(a)(2) — 6 cases
In Re Ts, 712 S.E.2d 121 (Ga. Ct. App. 2011).
In Re Klh, 636 S.E.2d 117 (Ga. Ct. App. 2006).
In Re Kj, 602 S.E.2d 861 (Ga. Ct. App. 2004).
In Re Me, 593 S.E.2d 924 (Ga. Ct. App. 2004).
— 15-11-55(a)(2)(A) — 1 case
In Re Vad, 699 S.E.2d 346 (Ga. Ct. App. 2010).
— 15-11-55(a)(2)(A)(iii) — 1 case
In Re Ch, 700 S.E.2d 203 (Ga. Ct. App. 2010).
— 15-11-55(a)(2)(C) — 1 case
In Re Ab, 658 S.E.2d 205 (Ga. Ct. App. 2008).
— 15-11-55(a)(2)(D) — 1 case
— 15-11-55(c) — 2 cases
Kenny A. ex rel. Winn v. Perdue, 218 F.R.D. 277 (N.D. Ga. 2003).
“Under Georgia law, on the other hand, once the juvenile court has transferred temporary legal custody to DFCS, its authority is much more limited. The court conducts periodic reviews of the child’s placement plan and may order DFCS to comply with the plan or to devise a new plan…”
— 15-11-55(d) — 1 case
In Re Nw, 710 S.E.2d 832 (Ga. Ct. App. 2011).
— 15-11-55(f) — 1 case
In Re Jnf, 701 S.E.2d 925 (Ga. Ct. App. 2010).
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.