---
title: O.C.G.A. § 15-11-132. Verbal custody order.
collection: code
id: 15-11-132
cite_as: O.C.G.A. § 15-11-132 (2025)
canonical_url: https://georgiacommons.org/code/15-11-132
md_url: https://georgiacommons.org/code/15-11-132.md
text_url: https://georgiacommons.org/code/15-11-132/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t15-ch1-11a-(v13)-pdf.pdf?sfvrsn=9c57686b_0#page=165
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
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version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COURTS / JUVENILE CODE / DEPENDENCY PROCEEDINGS / TAKING INTO CARE
---

# O.C.G.A. § 15-11-132. Verbal custody order.

(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).