2022 Georgia Code
Title 15 - Courts
Chapter 11 - Juvenile Code
Article 5 - Child in Need of Services
Part 4 - Preadjudication Custody and Release of Children
§ 15-11-411. Temporary Custody; Time Limitations

1. A person taking a child into temporary custody pursuant to Code Section 15-11-410 shall not exercise custody over such child except for a period of 12 hours.
2. Immediately after a child is taken into custody, every effort shall be made to contact such child’s parents, guardian, or legal custodian.
3. If a parent, guardian, or legal custodian has not assumed custody of his or her child at the end of the 12 hour period described in subsection (a) of this Code section, the court shall be notified and shall place such child in the least restrictive placement consistent with such child’s needs for protection or control. In making its determination of placement, the court should consider the following placement options:
   1. In the custody of such child’s parents, guardian, or legal custodian upon such person’s promise to bring such child before the court when requested by the court;
   2. Before placing the child in the custody of DFCS, whether the child may be placed with a relative or fictive kin upon such person’s promise to bring such child before the court when requested by the court;
   3. In the custody of DFCS which shall promptly arrange for foster care of such child;
   4. In a secure residential facility or nonsecure residential facility in accordance with Code Section 15-11-412; or
   5. In any other court-approved placement that is not a secure residential facility or nonsecure residential facility.

History. Code 1981, § 15-11-411 , enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-28/SB 364; Ga. L. 2019, p. 67, § 7/HB 472.

The 2019 amendment, effective April 18, 2019, added paragraph (c)(2) and redesignated former paragraphs (c)(2) through (c)(4) as present paragraphs (c)(3) through (c)(5), respectively.

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2013, “is” was inserted in subsection (b).