Working with Child Deprivation Cases in Georgia's Juvenile Courts

VIII

Disposition of a Deprived Child

The main focus of the dispositional hearing is to determine what should be done to improve the situation of the child now that he/she is found to be deprived in the adjudicatory hearing. The dual hearing procedure is sometimes called a bifurcated system, which is, a system with one hearing on the merits of the deprivation petition, and a separate hearing to determine the permanency plan for the child.

If a child is found to be deprived, the court may go immediately into the dispositional phase of the proceedings, or the dispositional hearing may be postponed for a reasonable time, upon motion by any party to the adjudicatory hearing. O.C.G.A. § 15-11-34. Reasons to continue the dispositional hearing may include the research and development of special resources for a particular case; rapid progress and compliance on the part of the parent or guardian that may obviate the necessity for a full 12-month custody award to DFCS; sufficient time for Interstate Compact for the Placement of Children evaluations to be completed; sufficient time for psychological evaluations, home/placement evaluations, or drug/alcohol tests to be completed; and other considerations as deemed appropriate.

Once a child has been adjudicated as deprived, the court has determined that it has the power to suspend the privacy interests of the parents and the child and intervene in the family life for the protection of the child and possible rehabilitation of the family unit (Duquette, at 79). Thus, at disposition, the court officially considers what it shall do to protect and help the child and his or her family.