2020 Georgia Code
Title 15 - Courts
Chapter 11 - Juvenile Code
Article 3 - Dependency Proceedings
Part 6 - Summons and Service
§ 15-11-162. Sanctions for Failure to Obey Summons

Universal Citation: GA Code § 15-11-162 (2020)
  1. In the event a parent, guardian, or legal custodian of a child named in a petition alleging dependency is brought willfully fails to appear personally at a hearing after being ordered to so appear or willfully fails to bring such child to a hearing after being so directed, the court may issue an order against the person directing the person to appear before the court to show cause why he or she should not be held in contempt of court.
  2. If a parent, guardian, or legal custodian of a child named in a petition alleging dependency is brought fails to appear in response to an order to show cause, the court may issue a bench warrant directing that such parent, guardian, or legal custodian be brought before the court without delay to show cause why he or she should not be held in contempt and the court may enter any order authorized by and in accordance with the provisions of Code Section 15-11-31.

(Code 1981, §15-11-162, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Cross references.

- Amendment to Juvenile Court petition, Uniform Rules for the Juvenile Courts of Georgia, Rule 6.6.

Continuance of adjudicatory hearing in Juvenile Court, Uniform Rules for the Juvenile Courts of Georgia, Rule 11.3.

Law reviews.

- For article discussing due process in juvenile court procedures in California and Georgia, in light of In re Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967), see 8 Ga. St. B. J. 9 (1971).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-1701, pre-2000 Code Section 15-11-26 and pre-2014 Code Section 15-11-39, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.

Waiver of notice.

- In a juvenile delinquency case, although neither defendants nor their parents were served with copies of the petitions and hearing summonses as required by former O.C.G.A. § 15-11-39 (see now O.C.G.A. §§ 15-11-162,15-11-281,15-11-423,15-11-425, and15-11-532), the defendants and their parents appeared at the hearings with their attorneys without objecting to lack of notice; thus, the defendants and their parents waived the notice issue. In the Interest of T.K.L., 277 Ga. App. 461, 627 S.E.2d 98 (2006) (decided under former O.C.G.A. § 15-11-39).

Implied waiver of service on behalf of child.

- If a child is present at a juvenile court hearing with the child's parent and counsel, the child's parent impliedly may waive service of a summons on a child's behalf by voluntary appearance at a hearing without objection to lack of service. Fulton County Detention Center v. Robertson, 249 Ga. 864, 295 S.E.2d 101 (1982) (decided under former O.C.G.A. § 15-11-26).

Parent's right to appeal delinquency adjudication.

- As parties to their child's delinquency action pursuant to former O.C.G.A. § 15-11-39(b) (see now O.C.G.A. §§ 15-11-160,15-11-423, and15-11-530), the child's parents had the right to appeal the juvenile court's judgment and to participate in the appellate process. In the Interest of J.L.B., 280 Ga. App. 556, 634 S.E.2d 514 (2006) (decided under former O.C.G.A. § 15-11-39).

Proceeding null when no waiver of rights nor proper service.

- If, in a juvenile court proceeding, there was neither waiver of the right of a mother, nor proper service upon the parties and if the hearing is not taken under oath, or waived by any of the parties, the proceeding is an absolute nullity. McBurrough v. Dep't of Human Resources, 150 Ga. App. 130, 257 S.E.2d 35 (1979) (decided under former Code 1933, § 24A-1701).

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