Working with Child Deprivation Cases in Georgia's Juvenile Courts

IV

Removing a Deprived Child from the Home

As stated previously, the responsibilities of the law guardian/CASA will begin after appointment and when a deprivation complaint is filed. But some familiarity with the procedures for removal is helpful.

A. PROTECTIVE CUSTODY

The Georgia Juvenile Code allows a law enforcement officer or a duly authorized officer of the court to take a child into custody "if there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from his or her surroundings and that his or her removal is necessary." O.C.G.A. §15-11-17(a)(4). This can be done without a warrant, summons, or other judicial authorization prior to detaining the child. Ferreira, McGough's, supra, § 4-10. Law enforcement officers often encounter situations of child abuse and neglect during their daily interactions with the public. This law allows that officer to immediately remove a child from the home so that the court can later determine whether the removal was necessary for the child's protection. Whether a "duly authorized officer of the court" includes a DFCS caseworker is unclear. However, one commentator has suggested that a caseworker might not be authorized by law to remove a child from the home without first obtaining a preliminary protective custody order. Id., at § 4-10.