Working with Child Deprivation Cases in Georgia's Juvenile Courts

If a deprivation action is initiated by other than a complaint (such as with a petition), a copy of the complaint form (JUV-2) must be completed and attached to the petition (JUV-4). A copy of these forms are attached at the end of this chapter.

Before a petition alleging deprivation may be filed with the court, the juvenile court judge or a person authorized by the court must determine and endorse upon the petition that the filing is in the best interests of both the public and the child. O.C.G.A. § 15-11-23; URJC, 4.2. In practice this means that the judge or his/her designee will sign the petition (JUV-4) in the space provided. A failure at the trial court level to make such an endorsement is not reversible error when the juvenile court judge has endorsed the filing of the petition by issuing an order to detain the juvenile to protect both the child and society. J.G.B., et al. v. State of Georgia, 136 Ga. App. 75 (1975). On another occasion, the Court of Appeals refused to reverse an order finding a child to be deprived as a result of a deprivation petition filed without an endorsement from the court when a temporary custody hearing was held on the same day as the filing. In the Interest of M.D.S., et al., children., 211 Ga. App. 706 (1994).

The court does not officially take jurisdiction over the case until the petition has been filled. The petition itself is what officially commences a deprivation proceeding. Even though the judge may have already issued a detention order in a previous hearing, the deprivation case does not officially begin until this document is accepted by the court. Longshore v. State, 239 Ga. 437 (1977). The petition alleging deprivation may be made by any person, including a law enforcement officer, who has knowledge of the facts alleged and believes that they are true. O.C.G.A. §15-11-24. This person is called the petitioner and is usually the county branch of DFCS represented by the SAAG. If the petitioner is a private party without the benefit of counsel, the juvenile court judge may request the assistance of the District Attorney or a member of his/her staff to represent the petitioner. If for any reason the District Attorney is unable to assist, the judge is authorized to appoint legal counsel to represent the petitioner. O.C.G.A. § 15-11-28 (d).