Working with Child Deprivation Cases in Georgia's Juvenile Courts

B. NOTICE TO PARTIES

The court is required to provide "reasonable notice" of the informal detention hearing either orally or in writing, stating the time, place, and purpose of the hearing to the child and to his/her parents, guardian, or other custodian if they can be found. O.C.G.A. § 15-11-21(c)(4). The Sanchez case also makes notice to the parent of the child mandatory and failure to do so can again result in a dismissal without prejudice. Sanchez v. Walker Cty. Dep't of F. and C. Serv., 237 Ga. 66 (1976). If a parent is not notified of the hearing because he/she could not be located and did not waive his/her right to appear at this hearing, the parent can file a motion with the court which will require the rehearing of the matter without unnecessary delay. In such situations, the child shall be released unless it appears that the child's detention or shelter care is required under the standards set forth above. O.C.G.A. § 15-11-21(d). A parent who has not received notice of the hearing may file an affidavit with the court stating these facts to cause a 72-hour hearing to be reheld. This places additional procedural burdens on the SAAG and DFCS caseworker, and creates further delays for the child prior to the adjudication of his/her case. During the investigation, it is critical to find the parents of the child so that the court may provide notice of the proceedings as soon as possible.