Working with Child Deprivation Cases in Georgia's Juvenile Courts

In all proceedings over which the juvenile court has jurisdiction (including deprivation cases), proceedings can only be initiated upon receipt of a written complaint form or a petition. The intake officer does not have the authority to refuse a complaint, which only the judge can do. However, the intake officer must screen the complaint before a petition is filed and make a recommendation to the court for:

1. Dismissal;
2. Referral to another agency for services;
3. Informal adjustment (not available in deprivation cases);
4. Approval to file a petition, or "other appropriate action." URJC 4.2.

In screening the complaint, the intake officer should consider:

1. Whether the complaint is one over which the court has jurisdiction;
2. Whether the complaint is frivolous;
3. Whether the child should be detained pending a hearing and, if so, where;
4. Whether the child's case can be informally adjusted (not available in deprivation actions);
5. Whether the child should he diverted to an agency that meets his or her needs; and
6. If a petition should be filed with the court. URJC,4.2.

Before a petition alleging deprivation may be filed with the court, the juvenile court judge or a person authorized by the court must determine and endorse upon the petition that the filing is in the best interest of both the public and the child. O.C.G.A. § 15-11-23; URJC, 4.2. A failure at the trial court level to make such an endorsement is not a reversible error when the juvenile court judge has effectively endorsed the filing of the petition by issuing an order to detain the juvenile to protect both the child and society. J.G.B., et al. v. State of Georgia, 136 Ga. App. 75 (1975).

The court does not officially take jurisdiction over the case until the petition has been filed. The petition itself is what officially commences a deprivation proceeding. Even though the judge may have already issued a detention order in a previous hearing, the deprivation case does not officially begin until this document is accepted and filed. Longshore v. State, 239 Ga. 437 (1977). The petition alleging deprivation may be made by any person, including a law enforcement officer, who has knowledge of the facts alleged and believes that they are true. O.C.G.A. § 15-11-24. This person is called the petitioner and is usually the DFCS caseworker represented by the SAAG. If the petitioner is a private party without the benefit of counsel, the juvenile court judge may request the assistance of the District Attorney or a member of his/her staff to represent the petitioner. If for any reason the District Attorney is unable to assist, the judge is authorized to appoint legal counsel to represent the petitioner. O.C.G.A. § 15-11-28(d).