Working with Child Deprivation Cases in Georgia's Juvenile Courts

A. PRETRIAL DISCOVERY

The Georgia Supreme Court has ruled that the provisions of the Civil Practice Act are not applicable to the juvenile court system. English v. Milby, 233 Ga. 7 (1974). In addition, neither the 14th amendment to the United States Constitution nor the Georgia Constitution require pre-trial discovery in proceedings to terminate parental rights. In the Interest of L.L.W., et al., 141 Ga. App. 32 (1977). The Georgia Juvenile Code does not specifically mention the use of discovery in deprivation proceedings. However, the Uniform Rules for the Juvenile Courts of Georgia states that discovery may be allowed in all cases where deprivation is alleged. URJC, 7.1 In addition, the Georgia Appellate Court ruled in Ray v. The Department that the civil practice act may be adopted by a juvenile court as to procedures for which no specific provision is made in the juvenile code. Ray v. Department of Human Resources 155 Ga.App. 81 (1980). Any discovery permitted under this rule will be at the discretion of the presiding juvenile court judge. Requests for discovery must be made in writing and state the type of discovery requested which can include:

1. interrogatories;
2. depositions;
3. admissions of a party to the proceeding;
4. requests for production of documents; and
5. requests for physical and mental examinations of a parent, guardian, custodian, or child.

URJC, 7.2.

Responsive pleadings are encouraged in deprivation matters but they are not required by the rules. URJC, 7.6.

All such requests must include a Rule Nisi spelling out a time and place for a hearing on the request to determine what discovery will be allowed and a time frame for completion. URJC, 7.2(a); 7.4. Any and all objections to any such request shall be made at the hearing or else the objection is waived unless otherwise allowed at the discretion of the court. URJC 7.2(b). The discovery motion and notice of a hearing shall not be served later than three (3) days, excluding weekends and holidays, before the time specified for the hearing, unless specifically ordered by the court on ex parte application for good cause shown. Service must be performed upon all parties, including the parents, the child or his/her legal custodian or their legal counsel if so represented. URJC, 7.2(c). If the child has been removed from the home the discovery request must be filed within forty-eight hours of the filing of the petition. Otherwise the request should be filed within fifteen days of the filing of the petition. If the child is in shelter or foster care, discovery must be completed within fifteen days of an approval order, but in all other cases it must be completed within thirty days. URJC, 7.3. In addition, if the child is in foster or shelter care, a discovery request by any party acts as a request for continuance of the time period for the adjudicatory hearing which shall then be reset to within seven days, excluding weekends and holidays, of the date that such discovery is ordered to be completed by the court. URJC, 7.3.

The Court of Appeals has overturned a trial court ruling authorizing an attorney for a father involved in a termination proceeding to interview the child alone without supervision by DFCS or a guardian ad litem. In the Interest of L.L.W., et al., 141 Ga. App. 32 (1977). The court held that an attorney could not interview an adverse party without the presence of counsel. The father's ability to call witnesses, introduce evidence, and cross-examine witnesses for the state was enough to protect his interests under the constitution. Id., at 33.