2020 Georgia Code
Title 19 - Domestic Relations
Chapter 8 - Adoption
Article 1 - General Provisions
§ 19-8-16. Investigation by Court-Appointed Agent; Criminal History Records Check for Adoption Petitioners

1. Prior to the date set by the court for a hearing on the petition for adoption, it shall be the duty of the agent appointed by the court to verify the allegations in the petition for adoption, to make a complete and thorough investigation of the entire matter, including any specific issue the court requests to be investigated, and to report its findings and recommendations in writing to the court where the petition for adoption was filed.The agent may be the department, a child-placing agency, an evaluator, or an individual who the court determines is qualified to conduct the required investigation. The agent appointed by the court shall also provide the petitioner or his or her attorney with a copy of its report.If for any reason the agent appointed by the court finds itself unable to make or arrange for the proper investigation and report, it shall be the duty of the agent to notify the court immediately, or at least within 20 days after receipt of the request for investigation service, that it is unable to make the report and investigation, so that the court may take such other steps as in its discretion are necessary to have the investigation and report prepared. The investigation required by this Code section shall be in addition to the requirement of a home study in the case of a petition for adoption filed pursuant to subsection (a) of Code Section 19-8-5.
2. If the petition for adoption has been filed pursuant to subsection (a) of Code Section 19-8-6 or 19-8-7, the court shall be authorized but shall not be required to appoint an agent to make an investigation pursuant to subsection (a) of this Code section; provided, however, that a home study shall not be required.
3. 1. If the petition for adoption has been filed pursuant to Code Section 19-8-8, the appointment of an agent to make an investigation and render a report pursuant to subsection (a) of this Code section shall not be required.
   2. If the petition for adoption has been filed pursuant to Code Section 19-8-4 and the department or child-placing agency has consented to the adoption, the appointment of an agent to make an investigation and render a report pursuant to subsection (a) of this Code section shall not be required.
4. The court shall require the petitioner to submit to a criminal history records check.The petitioner shall submit his or her fingerprints to the Georgia Crime Information Center with the appropriate fee.The center shall promptly transmit the fingerprints to the Federal Bureau of Investigation for a search of bureau records and shall obtain an appropriate report.The Georgia Crime Information Center shall also promptly conduct a search of its records and any records to which it has access.The center shall notify the court in writing of the presence or absence of any criminal record from the state fingerprint records check.In those cases when the petitioner has submitted a fingerprint based criminal history report that includes the results of a records search of both the Georgia Crime Information Center and the Federal Bureau of Investigation to the department, child-placing agency, or evaluator as part of the home study and such results are dated within 12 months of filing of the petition for adoption and are included in the home study report filed with or otherwise made available to the court, such results shall satisfy the requirements of this subsection.Because the court shall not be authorized to share the results of the fingerprint records check with the agent appointed by the court pursuant to subsection (a) or (e) of this Code section, the court shall determine the acceptability of the petitioner's criminal history, inform the petitioner or his or her attorney at least five days prior to the final hearing on the petition for adoption if the court will require additional evidence with respect to the petitioner's criminal history or if the court is inclined to deny such petition because of such criminal history, and afford the petitioner or his or her attorney an opportunity to present evidence as to why the petitioner's criminal history should not be grounds for denial of such petition.
5. The court shall require the petitioner to reimburse the agent appointed by the court, including the department, for the full cost of conducting the investigation and preparing its report.Such cost shall not exceed $250.00 unless specifically authorized by the court, provided that the court shall furnish the petitioner or his or her attorney with written notice of the name of the agent that the court intends to appoint and the amount of any increased costs, together with a request to agree to pay such increased costs.If the petitioner does not agree to pay the increased costs, then the petitioner shall have an opportunity to present to the court information regarding other persons that are qualified to conduct the investigation and render the report to the court and the cost of their services, and the court shall appoint the person that is qualified to conduct the investigation and render the report to the court at the lowest cost to the petitioner.

(Code 1981, §19-8-16, enacted by Ga. L. 1990, p. 1572, § 5; Ga. L. 1991, p. 1640, § 7; Ga. L. 1992, p. 6, § 19; Ga. L. 1992, p. 2505, § 1; Ga. L. 2003, p. 503, § 5; Ga. L. 2007, p. 42, § 1/SB 61; Ga. L. 2009, p. 453, § 2-4/HB 228; Ga. L. 2018, p. 19, § 1-1/HB 159.)

The 2018 amendment, effective September 1, 2018, rewrote this Code section.

- For article surveying developments in Georgia domestic relations law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 109 (1981).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1941, p. 300, § 7 and former § 19-8-11, as enacted by Ga. L. 1977, p. 201, § 1, are included in the annotations for this Code section.

Many of the cases cited below were decided prior to the amendments by Ga. L. 1992, p. 2505, § 1, which substituted references to "child-placing agency" for references to "department".

- While former § 19-8-11 required that the Department of Human Resources file an investigative report in adoption proceedings, failure to obtain this report from the agency was not reversible error. Chandler v. Cochran, 247 Ga. 184, 275 S.E.2d 23 (1981)(decided under former § 19-8-11, as enacted by Ga. L. 1977, p. 201, § 1).

Father's failure to request access to investigation report upon which the trial court relied in granting adoption to the grandparents, or to subpoena the investigator for examination at the hearing, constituted waiver of the father's right to do so. Cafagno v. Hagan, 213 Ga. App. 631, 445 S.E.2d 380 (1994).

- Trial court did not commit reversible error in entering judgment terminating a natural father's parental rights and granting an adoption petition by the mother's husband without first requiring an investigation by the Department of Human Resources as was provided for in former § 19-8-11. In re C.D.B., 182 Ga. App. 263, 355 S.E.2d 759 (1987) (decided under former § 19-8-11, as enacted by Ga. L. 1977, p. 201, § 1).

- Statute relating to adoption of children is perfectly clear that it was the intention of the legislature to provide the judge at an interlocutory adoption hearing with information obtained from the investigation by the Department of Human Resources for the judge's consideration in deciding the issue. Cox v. Bohannon, 86 Ga. App. 236, 71 S.E.2d 440 (1952) (decided under Ga. L. 1941, p. 300, § 7 prior to revision of chapter by Ga. L. 1977, p. 201).

- Although the Department of Human Resources was statutorily required to prepare a report and recommendation concerning the adoption petition, there was no requirement that the report be entered into evidence, and therefore the lack of such a report in the record was not reversible error. Baugh v. Robinson, 179 Ga. App. 571, 346 S.E.2d 918 (1986) (decided under former § 19-8-11, as enacted by Ga. L. 1977, p. 201, § 1).

Cited in Motes v. Love, 202 Ga. App. 749, 415 S.E.2d 334 (1992).

RESEARCH REFERENCES

Am. Jur. 2d.

- 2 Am. Jur. 2d, Adoption, § 113.

- 2 C.J.S., Adoption of Persons, §§ 46, 48.