Working with Child Deprivation Cases in Georgia's Juvenile Courts

VII

Adjudicatory Hering on the Deprivation Petition

There are two distinct parts to a hearing on the merits of a deprivation petition ­ the adjudicatory hearing and the dispositional hearing. The first part, the adjudicatory hearing, is used to determine whether the allegations contained in the complaint are true. This is basically a review of the evidence to determine whether or not the child is currently deprived under the standards set forth in the Georgia Juvenile Code. The adjudicatory hearing must be held within ten days of the filing of the deprivation petition if the child is in shelter care, and within sixty days or the filing of the petition if the child was released to the custody of his/her parents by the juvenile court intake officer or the judge at the 72-hour hearing. O.C.G.A. § 15-11-26(a).

The courts have held that the time frame for this hearing is mandatory like the time frame for the 72-hour hearing, the violation of which can result in dismissal without prejudice. Sanchez v. Walker County Dep't of Family and Children Services., 237 Ga. 406 (1976). This practice was specifically endorsed by the court in Sanchez. If the parent or guardian of the child does not specifically object to a violation of the statutory time frame without a continuance, the issue will be considered waived on appeal. Id., at 409. The court has come to a similar conclusion for adjudicatory hearings involving minors who are not removed from the home. The parents of the minor not in state custody did not object to a hearing beyond the sixty day time limit either at the hearing or in a motion for a new trial and the issue was therefore effectively waived. E.S. v State, 134 Ga. App. 724 (1975).

The Uniform Rules for the Juvenile Courts of Georgia allow a judge to continue an adjudicatory hearing for a reasonable time for "good cause shown" despite these statutory time limits. In deprivation cases, the granting of a continuance beyond the statutory time limitations must be by written order stating the specific reason for the continuance. URJC, 11.3. No specific definition of what constitutes "good cause" for a continuance has been given. This leaves the juvenile court judge with a great deal of discretion in adjusting the statutory time frame for holding an adjudicatory hearing. What one judge may consider an adequate basis for a continuance may differ substantially from that of another. It should be remembered that an excessive number of continuances can result in the child remaining in foster care for an extended period of time. It is important for the DFCS caseworker to consult with the SAAG representing the department, as well as the law guardian/CASA prior to the hearing, to make sure that all documents and necessary witnesses will be available at the start of the hearing in order to prevent unnecessary continuances.