Working with Child Deprivation Cases in Georgia's Juvenile Courts

I. Introduction

As Special Assistant Attorneys General, you make a huge difference in the life of a child by your representation of DFCS in cases involving the abuse or neglect of children. This manual is designed to give you an in depth understanding of Georgia deprivation law and juvenile court procedures. The manual is written in chronological order and will take the reader through the legal requirements and the expectations of the court in a deprivation case from the first allegation, through the removal of the child from the home, up to and including the possibility of terminating parental rights. The manual discusses the investigation of an allegation by DFCS, Preliminary Protective Custody, 72-hour emergency hearings, the filing of deprivation petitions, adjudicatory and dispositional hearings, judicial review of cases and the termination of parental rights. The Juvenile Code of Georgia can be found at Title 15, Chapter 11 of the Official Code of Georgia Annotated. O.C.G.A. § 15-11-4 provides that the Council of Juvenile Court Judges can promulgate rules and forms governing the procedures and practice of juvenile courts throughout the state. The Council is composed of all juvenile court judges within the state. This mirrors a provision in the state constitution which allows for the Supreme Court to adopt and publish uniform court rules with the advice and consent of the council of judges in the affected class. Ga. Const. Art. VI, § IX, I. Such action was taken by the Supreme Court with the publication of the Uniform Rules for the Juvenile Courts of Georgia. We will be referring to the rules periodically throughout this manual. As part of the Child Placement Project, similar manuals are also being prepared for DFCS case managers, attorneys for parents, and attorneys for children.