Working with Child Deprivation Cases in Georgia's Juvenile Courts

B. REMOVAL BY COURT ORDER

Often DFCS will be contacted directly by school officials or other concerned citizens regarding the possibility of abuse or neglect of a child. DFCS case managers do not necessarily need to remove the child from the home themselves with the assistance of law enforcement personnel. If after an investigation, the case manager finds that there is a sufficient basis to remove the child from the home, a complaint or deprivation petition may be filed with a juvenile court judge. The contents of this petition will be discussed later in this manual. Some Georgia courts do not require the filing of a petition prior to issuing a protective custody order and will issue a summons or other order to take the child into custody upon the filing of a complaint or affidavit. The statute itself simply requires that the court make such a determination on the basis of an affidavit or sworn testimony, but it is the practice of some courts to require more. O.C.G.A. § 15-11-26(d). The decision of the court should be based upon an affidavit or sworn testimony that:

1. the conduct, condition, or surroundings of the child are endangering his health or welfare or those of others; or
2. that he may abscond or be removed from the jurisdiction of the court or that he will not be brought before the court notwithstanding the service of the summons.

O.C.G.A. § 15-11-26(d).

If the judge agrees that the circumstances warrant removal of the child, a summons or other order will be issued authorizing a law enforcement officer to immediately take the child into custody. O.C.G.A. § 15-11-26(d). In practice, it is often the juvenile court intake officer issuing a summons to appear in this situation. While not specifically authorized by statute, it is the practice in some jurisdictions for the court to issue a "pick up" order after which DFCS caseworkers will themselves take the child into custody. If the court finds that immediate removal is unnecessary in a given case the court may simply issue a summons directing the parents, guardian, or other custodian of the child to appear at the adjudicatory hearing and to bring the child with him/her. O.C.G.A. § 15-11-26(c). If the parent willfully fails to appear him or herself or fails to bring the child before the court at the designated time, the court is authorized to punish such a person for contempt of court. O.C.G.A. § 15-11-26(c).