2021 Georgia Code
Title 15 - Courts
Chapter 11 - Juvenile Code
Article 3 - Dependency Proceedings
- Part 1 - General Provisions
- Part 2 - Venue for Dependency Proceedings
- Part 3 - Taking Into Care
- Part 4 - Preliminary Protective Hearings
- Part 5 - Dependency Petitions
- Part 6 - Summons and Service
- Part 7 - Preadjudication Procedures
- Part 8 - Adjudication
- Part 9 - Predisposition Social Studies
- Part 10 - Family Reunification Determination
- Part 11 - Disposition
- Part 12 - Permanency Plan
- Part 13 - Permanent Guardianship
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions under former Code 1933, §§ 24A-401, 24A-2301A, 24A-2302A, and 24A-3301, and pre-2000 Code Section 15-11-37, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.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.
Court's jurisdiction encompasses deprivation proceedings.
- Inasmuch as the juvenile court's jurisdiction encompasses proceedings in which a child was alleged to be deprived, Ga. L. 1971, p. 709, § 1 (see now O.C.G.A. §§ 15-11-211,15-11-212, and15-11-215) applied to a "deprived child" as defined in the statute. 1976 Op. Att'y Gen. No. 76-131 (decided under former Code 1933, § 24A-401).
"Deprived child" includes child who is abused, neglected, or exploited.
- Although Ga. L. 1974, p. 438, § 1 (see now O.C.G.A. § 19-7-5) did not explicitly mention "deprived" children that definition was certainly inclusive of a child who was abused, neglected, or exploited. 1976 Op. Att'y Gen. No. 76-131 (decided under former Code 1933, § 24A-401).
"Threatened harm to child's welfare" included in "deprived child."
- Inasmuch as the court in Elrod v. Department of Family & Children Servs., 136 Ga. App. 251, 220 S.E.2d 726 (1975), spoke of "probable deprivation," "substantial danger," and the "likelihood of substantial threat to a child's physical, mental, moral or emotional well-being," the definitional elements of "deprived child" include "threatened harm to the child's welfare." 1976 Op. Att'y Gen. No. 76-131 (decided under former Code 1933, § 24A-401).
Appointment of guardian in deprivation proceedings.- Under the principle that the law is to be liberally construed toward the protection of the child whose well-being is threatened, deprivation proceedings arising from child abuse and neglect by a parent or caretaker present a conflict of interest wherein the provisions concerning the appointment of a guardian ad litem would apply. 1976 Op. Att'y Gen. No. 76-131 (decided under former Code 1933, § 24A-3301).
