Working with Child Deprivation Cases in Georgia's Juvenile Courts

B. PRELIMINARY PROTECTIVE CUSTODY ORDERS

Often DFCS will be contacted directly by school officials or other concerned citizens regarding the possibility of abuse or neglect of a child without the involvement of law enforcement. DFCS caseworkers do not necessarily need to remove the child from the home themselves; they can do so with the assistance of law enforcement personnel. If, after an investigation, the caseworker finds that there is a sufficient basis to remove the child from the home, a complaint and deprivation petition may be filed with a juvenile court judge. The contents of this petition will be discussed later in this manual. If the judge agrees that the circumstances warrant removal of the child, a summons will be issued authorizing a law enforcement officer to immediately take the child into custody. O.C.G.A. § 15-11-26(d). This decision should be based upon an affidavit or sworn testimony that:

1. "the conduct, condition, or surroundings of the child are endangering his health or welfare or those of others,"or
2. "he/she may abscond or be removed from the jurisdiction of the court or that he will not be brought before the court notwithstanding the service of the summons."

O.C.G.A. § 15-11-26(d).

If the judge finds that immediate removal is unnecessary in a given case, the court may simply issue a summons directing the parents, guardian, or other custodian of the child to appear at the adjudicatory hearing and to bring the child with him/her. O.C.G.A. § 15-11-26(c). If the parent willfully fails to appear or fails to bring the child before the court at the designated time, the court is authorized to punish such a person for contempt of court pursuant to O.C.G.A. § 15-11-62. O.C.G.A. § 15-11-26(c). Some Georgia courts do not require the filing of a petition but will issue a summons upon the filing of a complaint or affidavit. These cases can initially be heard ex parte if the circumstances require immediate action by the court.

Preliminary protective custody orders authorized by a juvenile court are not entitled to enforcement outside of the state of Georgia. The Georgia Court of Appeals has refused to reverse an order of a juvenile court when a social worker traveled to a hospital in Chattanooga, Tennessee to take custody of the child after the judge authorized the petition. Sanchez v. Walker County Dep't. of F. and C. Serv., 138 Ga. App. 49 (1976), rev'd on other grounds 237 Ga. 406 (1976). There was no order from a court of competent jurisdiction in Tennessee allowing the caseworker to take custody of the child. The mother was a resident of Georgia and service upon her there was valid. Since jurisdiction over the child was otherwise completely proper, the Court of Appeals declined to reverse the order on that basis.

Any private citizen or government employee may report a case of suspected abuse, neglect, or exploitation to DFCS, law enforcement personnel, or the district attorney's office. O.C.G.A. § 19-7-5 (d) and (e). Some individuals are required by law to make these reports if they have reasonable cause to believe that the child has been abused, neglected, or exploited. O.C.G.A. § 19-7-5 (c)(1). Such individuals include physicians, hospital and medical personnel, dentists, psychologists, podiatrists, nurses, counselors, social workers, school teachers, administrators and guidance counselors, child welfare agency personnel, and law enforcement personnel. (The Mandated Reporting Statutes) O.C.G.A. § 19-7-5(c)(1)(A-N). Any individual or organization reporting in good faith under this article will be immune for any civil or criminal liability regardless of whether the report was required. O.C.G.A. § 19-7-5(f).