O.C.G.A.
O.C.G.A. § 19-9-128 (2019)
No limitation on role of Division of Family and Children Services
✓ 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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An individual shall not execute a power of attorney under this article for the purpose of subverting an investigation of the child’s welfare initiated by the Division of Family and Children Services of the department and shall not execute such power of attorney so long as the Division of Family and Children Services has an open child welfare and youth services case with regard to the child, his or her parent, or another child of the parent. Nothing in this article shall be construed to diminish or limit any rights, power, or authority of or by the Division of Family and Children Services for the protection of any child.
History
Code 1981, § 19-9-128, enacted by Ga. L. 2018, p. 19, § 2-2/HB 159.
Notes of Decisions
Cited in 1
case (1 in the last 5 years), 2025–2025 · leading case: In the Interest of R. C., a Child (Mother) (Ga. Ct. App. 2025).
In the Interest of R. C., a Child (Mother) (Ga. Ct. App. 2025). “See OCGA § 19-9-128 (prohibiting the execution of a power of attorney by a parent to another caregiver “for the purpose of subverting an investigation of the child’s welfare”).”
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