Working with Child Deprivation Cases in Georgia's Juvenile Courts

II. Jurisdiction of the Juvenile Court System

A. JURISDICTION OF THE COURT

Juvenile courts are of limited jurisdiction and possess only the powers that are specifically granted by the General Assembly. In re J.O., 191 Ga. App. 521 (1989). The judgments of a juvenile court must recite the specific facts which formed the basis of the court's determination that it had jurisdiction over the person and subject matter alleged. If a court order fails to recite jurisdictional facts in any court order, the order can be declared void on appeal. Williams v. Dep't. of Human Resources, 150 Ga. App. 610 (1979). In Georgia, the juvenile court has exclusive jurisdiction over a child who is alleged to be deprived and is the court in which deprivation petitions should be filed. O.C.G.A. § 15-11-5(a)(1)(C). This gives the juvenile court system subject matter jurisdiction over deprivation cases in general as well as jurisdiction over the juveniles themselves. Ferreira, McGough's Ga. Juvenile Practice and Procedure (2nd ed.), § 4.2, 4.8. A Child is defined under the code for purposes of a deprivation action as anyone under the age of 18. O.C.G.A. § 15-11-2 (2)(C). This differs from a situation in which a juvenile is charge with a delinquent act where a child is defined as anyone under the age of 17. O.C.G.A. 15-11-2(2)(B). The juvenile courts also have exclusive jurisdiction over children alleged to be unruly, delinquent, or in need of treatment or commitment because they are mentally ill, as well as matters involving the Interstate Compact on Juveniles. O.C.G.A. § 15-11-5(a)(1)(A, B, D); § 15-11-5(a)(2)(B).

In addition, the juvenile court has exclusive jurisdiction over petitions for the termination of parental rights outside of those filed in connection with an adoption proceeding. Traditionally, if such a petition was in connection with an adoption, it would properly be filed in superior court which had exclusive jurisdiction over such matters. In 1997, the General Assembly amended this statute to provide that the juvenile court system will now have concurrent jurisdiction with superior courts to hear a petition to terminate parental rights filed in connection with an adoption proceeding. O.C.G.A. § 15-11-5(a)(2)(C). Another 1997 amendment provides the juvenile court with concurrent jurisdiction with the superior courts to hear legitimation petitions either transferred to the juvenile court from superior court or involving a child with respect to whom a deprivation proceeding is pending. O.C.G.A. § 15-11-5(e).