Official Code of Georgia Annotated
Title 15. COURTS · Chapter 11. JUVENILE CODE · Article 3. DEPENDENCY PROCEEDINGS · Part 3. TAKING INTO CARE
15-11-132. Verbal custody order.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
- (a)
The facts supporting the issuance of an order of removal may be relayed orally, including telephonically, to the judge or a designated juvenile court intake officer, and the order directing that a child be taken into custody may be issued orally or electronically.#
- (b)
When a child is taken into custody under exceptional circumstances, an affidavit or sworn complaint containing the information previously relayed orally, including telephonically, shall be filed with the clerk of the court the next business day, and a written order shall be issued if not previously issued. Only when a child is taken into custody under exceptional circumstances can an affidavit or sworn complaint be filed. The written order shall include the court’s findings of fact supporting the necessity for such child’s removal from the custody of his or her parent, guardian, or legal custodian in order to safeguard such child’s welfare and shall designate a child’s legal custodian.#
- (c)
The affidavit or sworn complaint filed after a child has been placed shall indicate whether the child was released to such child’s parent, guardian, or legal custodian or remains removed.#
- (d)
DFCS shall promptly notify the parent, guardian, or legal custodian of the nature of the allegations forming the basis for taking a child into custody and, if such child is not released, of the time and place of the preliminary protective hearing.#
History
Code 1981, § 15-11-132, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2023, p. 140, § 4/HB 460, effective July 1, 2023.
Amendments
The 2023 amendment, effective July 1, 2023, added the second sentence in subsection (b).
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t15-ch1-11a-(v13)-pdf.pdf, Volume V13, 2020 edition, 2025 supplement, pages 165 to 166; merge action: replaced; file SHA-256 d86fd6e4449f.