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2018 Georgia Code 15-11-55 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 15-11-55 Case Law from Google Scholar Amendments to OCGA 15-11-55

TITLE 15 COURTS

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

ARTICLE 2 JUVENILE COURT ADMINISTRATION

15-11-55. Applicability of local laws.

  1. 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.
  2. 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.

(Code 1981, §15-11-55, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

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similarity of the statutory provisions, opinions decided under pre-2014 Code Section 15-11-18, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.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).

Cases Citing O.C.G.A. § 15-11-55

Total Results: 8  |  Sort by: Relevance  |  Newest First

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Interest of I. S., 278 Ga. 859 (Ga. 2005).

Cited 53 times | Published | Supreme Court of Georgia | Jan 10, 2005 | 607 S.E.2d 546

...of disposition permitting the infants to remain with their parents (hereinafter “appellants”), subject to conditions and limitations prescribed by the court, including supervision by the Department of Family and Children Services (DFCS). See OCGA§ 15-11-55 (a) (1)....
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In the Interest of A. C., 285 Ga. 829 (Ga. 2009).

Cited 42 times | Published | Supreme Court of Georgia | Oct 5, 2009 | 686 S.E.2d 635, 2009 Fulton County D. Rep. 3148

...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 the court does not make an order of termination of parental rights, it may grant an order under Code Section 15-11-55 if the court finds from clear and convincing evidence that the child is a deprived child.
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In the Interest of A. N., 281 Ga. 58 (Ga. 2006).

Cited 17 times | Published | Supreme Court of Georgia | Oct 4, 2006 | 636 S.E.2d 496

...*59conditions and limitations on DFACS’ legal custody, including a limitation that physical custody of the child be placed in accordance with the court’s mandate. In the alternative, the juvenile court found that, even if OCGA §§ 15-11-58 and 15-11-55 prevented it from dividing custody of a deprived child in this manner, these statutory provisions violated the Equal Protection Clause of the United States Constitution....
...ysical custody is “merely exhortatory and not binding.” (Punctuation omitted.) In the Interest of R. D., 141 Ga. App. 843, 844 (234 SE2d 680) (1977). 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....
...as expressed in OCGA § 49-5-3 (12), the concept of legal custody must be interpreted to include the “right to determine where and with whom [the child] shall live.” OCGA § 49-5-3 (12) (D). With this in mind, the juvenile court found that OCGA § 15-11-55 (a) (2) is not controlled by this accepted definition of legal custody....
...nd that a juvenile court cannot grant legal custody to DFACS and then mandate the placement of physical custody in a party of the court’s choosing. The juvenile court has no authority to ignore this case law. Moreover, the explicit language of OCGA§ 15-11-55 (a) (2) makes the juvenile court’s interpretation of the statute untenable....
...ry condition regarding retransfer of physical custody makes sense, as it is necessary to convey to the trial court authority that it would not otherwise have over the placement of physical custody. Furthermore, nothing in the 2003 amendment to OCGA § 15-11-55 supports the juvenile court’s finding that the legislature intended to reject the definition of legal custody set forth in OCGA *61§ 49-5-3....
...disposition, “a reasonably diligent search for a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child” be conducted within 90 days from the date the child is removed from his or her home. OCGA § 15-11-55 (a) (2) (D)....
...This language simply does not address the standard definition of legal custody in any way, either explicitly or implicitly. Therefore, it does not follow that this amendment provides any grounds to circumvent the applicable case law directly on point. In support of its conclusions, the juvenile court also held that OCGA § 15-11-55 (c) supported its holding that it could grant legal custody to DFACS and place physical custody elsewhere....
...y of DFACS, see OCGA § 15-11-58, while not providing such services to parents whose children were placed in the legal custody of “a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child.” OCGA § 15-11-55 (a) (2) (D).1 The “protection provided in the Equal Protection Clause of the United States Constitution is coextensive with that provided in Art....
...arding placement and custody of the deprived children in this case must be reversed, and this case is remanded for the juvenile court to determine custody in a manner consistent with this opinion. Judgment reversed. All the Justices concur. OCGA § 15-11-55 (a) (2) provides that, prior to transferring temporary legal custody to DFACS, “a reasonably diligent search for a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child shall be conduc...
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In re Interest of I.L.M., 816 S.E.2d 620 (Ga. 2018).

Cited 15 times | Published | Supreme Court of Georgia | Jun 29, 2018 | 304 Ga. 114

...ding 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 proper disposition of the case in accordance with Code Section 15-11-55 if the court finds from clear and convincing evidence that the child is deprived. See Ga....
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In the Interest of I. L. M., Child., 304 Ga. 114 (Ga. 2018).

Cited 11 times | Published | Supreme Court of Georgia | Jun 29, 2018

... “good cause” arose not from statute, but from Uniform Juvenile Court Rule (“UJCR”) 11.3, which states, as it did in 2007, that upon motion “the court may continue a hearing for a reasonable time upon good cause shown.”17 In the 15-11-55 if the court finds from clear and convincing evidence that the child is deprived. See Ga....
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In Re Ac, 686 S.E.2d 635 (Ga. 2009).

Published | Supreme Court of Georgia | Oct 5, 2009

...lan 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 the court does not make an order of termination of parental rights, it may grant an order under Code Section 15-11-55 if the court finds from clear and convincing evidence that the child is a deprived child.
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In Re An, 636 S.E.2d 496 (Ga. 2006).

Published | Supreme Court of Georgia | Oct 4, 2006

...o place conditions and limitations on DFACS' legal custody, including a limitation that physical custody of the child be placed in accordance with the court's mandate. In the alternative, the juvenile court found that, even if OCGA §§ 15-11-58 and 15-11-55 prevented it from dividing custody of a deprived child in this manner, these statutory provisions violated the Equal Protection Clause of the United States Constitution....
...of physical custody is "merely exhortatory and not binding." (Punctuation omitted.) In the Interest of R.D., 141 Ga.App. 843, 844, 234 S.E.2d 680 (1977). 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....
...custody as expressed in OCGA § 49-5-3(12), the concept of legal custody must be interpreted to include the "right to determine where and with whom [the child] shall live." OCGA § 49-5-3(12)(D). With this in mind, the juvenile court found that OCGA § 15-11-55(a)(2) is not controlled by this accepted definition of legal custody....
...und that a juvenile court cannot grant legal custody to DFACS and then mandate the placement of physical custody in a party of the court's choosing. The juvenile court has no authority to ignore this case law. Moreover, the explicit language of OCGA § 15-11-55(a)(2) makes the juvenile court's interpretation of the statute untenable....
...ory condition regarding retransfer of physical custody makes sense, as it is necessary to convey to the trial court authority that it would not otherwise have over the placement of physical custody. Furthermore, nothing in the 2003 amendment to OCGA § 15-11-55 supports the juvenile court's finding that the legislature intended to reject the definition of legal custody set forth in OCGA § 49-5-3....
...of disposition, "a reasonably diligent search for a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child" be conducted within 90 days from the date the child is removed from his or her home. OCGA § 15-11-55(a)(2)(D)....
...This language simply does not address the standard definition of legal custody in any way, either explicitly or implicitly. Therefore, it does not follow that this amendment provides any grounds to circumvent the applicable case law directly on point. In support of its conclusions, the juvenile court also held that OCGA § 15-11-55(c) supported its holding that it could grant legal custody to DFACS and place physical custody elsewhere....
...stody of DFACS, see OCGA § 15-11-58, while not providing such services to parents whose children were placed in the legal custody of "a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child." OCGA § 15-11-55(a)(2)(D)....
...For all of these reasons, the rulings of the juvenile court regarding placement and custody of the deprived children in this case must be reversed, and this case is remanded for the juvenile court to determine custody in a manner consistent with this opinion. Judgment reversed. All the Justices concur. NOTES [1] OCGA § 15-11-55(a)(2) provides that, prior to transferring temporary legal custody to DFACS, "a reasonably diligent search for a parent or relative of the child or other persons who have demonstrated an ongoing commitment to the child shall be conducted...
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In Re Is, 607 S.E.2d 546 (Ga. 2005).

Published | Supreme Court of Georgia | Jan 10, 2005 | 278 Ga. 859

...[1] At that time the court entered an order of disposition permitting the infants to remain with their parents (hereinafter "appellants"), subject to conditions and limitations prescribed by the court, including supervision by the Department of Family and Children Services (DFCS). See OCGA § 15-11-55(a)(1)....