2022 Georgia Code
Title 15 - Courts
Chapter 11 - Juvenile Code
Article 3 - Dependency Proceedings
Part 3 - Taking Into Care
§ 15-11-133. Removal of Child From the Home; Protective Custody; Consideration of Alternatives

1. A child may be removed from his or her home, without the consent of his or her parents, guardian, or legal custodian:
   1. Pursuant to an order of the court under this article; or
   2. By a law enforcement officer or duly authorized officer of the court if:
      1. A child is in imminent danger of abuse or neglect if he or she remains in the home; or
      2. A child is a victim of trafficking for labor or sexual servitude under Code Section 16-5-46.
2. Upon removing a child from his or her home, a law enforcement officer or duly authorized officer of the court shall:
   1. Immediately deliver such child to a medical facility if such child is believed to suffer from a serious physical condition or illness which requires prompt treatment, and, upon delivery, shall promptly contact DFCS;
   2. Bring such child immediately before the juvenile court or promptly contact the juvenile court; and
   3. Promptly give notice to the court and such child’s parents, guardian, or legal custodian that such child is in protective custody, together with a statement of the reasons for taking such child into protective custody.
3. The removal of a child from his or her home by a law enforcement officer shall not be deemed an arrest.
4. A law enforcement officer removing a child from his or her home has all the privileges and immunities of a law enforcement officer making an arrest.
5. A law enforcement officer shall promptly contact the juvenile court for issuance of a court order once such officer has taken a child into protective custody and delivered such child to a medical facility.
6. The juvenile court shall immediately determine if a child should be released, remain in protective custody, or be brought before the court upon being contacted by a law enforcement officer, duly authorized officer of the court, or DFCS that a child has been taken into protective custody.
7. In addition to the requirements of Code Section 15-11-134, prior to authorizing the removal of a child from his or her home as provided in paragraph (1) of subsection (a) of this Code section or ordering a child to remain in protective custody as provided in subsection (f) of this Code section, the court shall consider whether there are reasonable alternatives to the removal of the child and placement of the child in foster care and may order temporary alternatives to foster care in lieu of removing the child and placing the child in protective custody or continuing the child in protective custody pursuant to Code Section 15-11-133.1.

History. Code 1981, § 15-11-133 , enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2019, p. 67, § 3/HB 472; Ga. L. 2019, p. 74, § 1-4/SB 158.

The 2019 amendments. —

The first 2019 amendment, effective April 18, 2019, substituted “the juvenile court” for “a juvenile court intake officer” at the end of paragraph (b)(2) and near the beginning of subsection (e); substituted “The juvenile court” for “A juvenile court intake officer” at the beginning of subsection (f); and added subsection (g). The second 2019 amendment, effective July 1, 2019, rewrote paragraph (a)(2), which formerly read: “By a law enforcement officer or duly authorized officer of the court if a child is in imminent danger of abuse or neglect if he or she remains in the home.” See Editor’s note for applicability.

Cross references.

Exercise of power of arrest generally, § 17-4-1 et seq.

Authority of peace officer to assume temporary custody of child absent from school without lawful authority or excuse, § 20-2-698 et seq.

Editor’s notes.

Ga. L. 2019, p. 74, § 1-1/SB 158, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Anti-Human Trafficking Protective Response Act.’ ”

Ga. L. 2019, p. 74, § 3-1/SB 158, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2019, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2019, shall be governed by the statute in effect at the time of such offense, and any resulting conviction shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction.”

Law reviews.

For note criticizing jurisdiction of juvenile justice system over runaways and advocating alternative legal approaches, see 24 Emory L. J. 1075 (1975).

For article, “The Prosecuting Attorney in Georgia’s Juvenile Courts,” see 13 Ga. St. B. J. 27 (2008).

For comment, “School Bullies — They Aren’t Just Students: Examining School Interrogations and the Miranda Warning,” see 59 Mercer L. Rev. 731 (2008).

For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 63 (2019).