Working with Child Deprivation Cases in Georgia's Juvenile Courts

Removing a Deprived Child from the Home

A. PROTECTIVE CUSTODY

The Georgia juvenile code allows a law enforcement officer or a duly authorized officer of the court to take a child into custody "if there are reasonable grounds to believe that the child is suffering from illness or injury or is in immediate danger from his or her surroundings and that his or her removal is necessary." O.C.G.A. § 15-11-17(a)(4). This can be done without a warrant, summons, or other judicial authorization prior to detaining the child. Ferreira, McGough's Ga. Juvenile Practice and Procedure (2nd ed.), § 4-10. Law enforcement officers often encounter situations of child abuse and neglect during their daily interactions with the public. This law allows that officer to immediately remove a child from the home to protect the child. The court can later determine whether the removal was necessary for the child's protection. Whether a "duly authorized officer of the court" includes a DFCS case manager is unclear. However, one commentator has suggested that a case manager might not be author zed by law to remove a child from the home without first obtaining court authorization to do so. Id., at § 4-10. The DFCS Social Service Manual now prevents a case manager from removing a child from the home without at least verbal authorization from the court to do so. Social Service Manual, § 2104.14. Under these circumstances, a complaint should be filed as soon as possible following removal and the court must issue a written order for shelter care.