2022 Georgia Code
Title 15 - Courts
Chapter 11 - Juvenile Code
Article 3 - Dependency Proceedings
Part 1 - General Provisions
§ 15-11-110. Continuance of a Hearing in Dependency Proceedings

1. Upon request of an attorney for a party, the court may continue any hearing under this article beyond the time limit within which the hearing is otherwise required to be held; provided, however, that no continuance shall be granted that is contrary to the interests of the child. In considering a child’s interests, the court shall give substantial weight to a child’s need for prompt resolution of his or her custody status, the need to provide a child with a stable environment, and the damage to a child of prolonged temporary placements.
2. Continuances shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the evidence presented at the hearing on the motion. Whenever any continuance is granted, the facts proved which require the continuance shall be entered in the court record.
3. A stipulation between attorneys or the convenience of the parties shall not constitute good cause. Hearings with dependency case time limitations required by Code Section 15-11-102 and termination of parental rights hearings shall take priority in attorney conflict resolution over all other civil and criminal hearings and nonjury appearances in any other class of trial court. The need for discovery shall not constitute good cause unless the court finds that a person or entity has failed to comply with an order for discovery.
4. In any case in which a child or his or her parent, guardian, or legal custodian is represented by an attorney and no objection is made to an order continuing any such hearing beyond the time limit, the absence of such an objection shall be deemed a consent to the continuance; provided, however, that even with consent, the court shall decide whether to grant the continuance in accordance with subsection (a) of this Code section.

History. Code 1981, § 15-11-110 , enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-8/SB 364; Ga. L. 2020, p. 191, § 2/HB 912.

The 2020 amendment, effective July 1, 2020, substituted “Hearings with dependency case time limitations required by Code Section 15-11-102 and termination of parental rights hearings shall take priority in attorney conflict resolution over all other civil and criminal hearings and nonjury appearances in any other class of trials court.” for “Except as otherwise provided by judicial rules governing attorney conflict resolution, a pending criminal prosecution or family law matter shall not constitute good cause.” in subsection (c).

Cross references.

Dispositional hearings in Juvenile Court, Uniform Rules for the Juvenile Courts of Georgia, Rule 12.1.

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. 2 d 527 (1967), see 8 Ga. St. B. J. 9 (1971).

For article, “The Child as a Party in Interest in Custody Proceedings,” see 10 Ga. St. B.J. 577 (1974).

For article, “Termination of Parental Rights: Recent Judicial and Legislative Trends,” see 30 Emory L. J. 1065 (1981).

For article, “Georgia’s Juvenile Code: New Law for the New Year,” see 19 Ga. St. B. J. 13 (Dec. 2013).