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Official Code of Georgia Annotated

Title 15. COURTS · Chapter 11. JUVENILE CODE · Article 4. TERMINATION OF PARENTAL RIGHTS · Part 6. DISPOSITION

15-11-320. Termination of parental rights; findings; standard of proof.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

For effective date, see note.In force today: For effective date, see note.
  1. (a)

    When the court finds that any ground set out in Code Section 15-11-310 is proved by clear and convincing evidence and that termination of parental rights is in a child’s best interests, it shall order the termination of the parent’s rights.#

  2. (b)

    The court’s order shall:#

    1. (1)

      (For effective date, see note.) Contain written findings on which the order is based, including the factual basis for a determination that grounds for termination of parental rights exist and that termination is in the best interests of the child, including the findings required by subsection (c) of Code Section 15-11-300;#

    2. (2)

      Be conclusive and binding on all parties from the date of entry;#

    3. (3)

      Grant custody of the child at issue in accordance with Code Section 15-11-321; and#

    4. (4)

      Inform the parent whose rights have been terminated of his or her right to use the services of the Georgia Adoption Reunion Registry; however, failure to include such information shall not affect the validity of the judgment.#

  3. (c)

    If the court does not order the termination of parental rights but the court finds that there is clear and convincing evidence that a child is a dependent child, the court may enter a disposition order in accordance with the provisions of Article 3 of this chapter.#

  4. (d)

    The court shall transmit a copy of every final order terminating the parental rights of a parent to the State Adoption Unit of the department within 15 days of the filing of such order.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 15-11-320, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2018, p. 19, § 1-2/HB 159; Ga. L. 2020, p. 241, § 4/SB 439.

Delayed effective date

Paragraph (b)(1), as set out above, becomes effective January 1, 2021. For version of paragraph (b)(1) in effect until January 1, 2021, see the 2020 amendment note. The 2018 amendment, effective September 1, 2018, substituted ‘‘State Adoption Unit’’ for ‘‘Office of Adoptions’’ in subsection (d). The 2020 amendment, effective January 1, 2021, added ‘‘, including the findings required by subsection (c) of Code Section 15-11-300’’ at the end of paragraph (b)(1).

Cross references

Time limitations upon orders of disposition — commitment to Division of Youth Services, Uniform Rules for the Juvenile Courts of Georgia, Rule 15.2.

Law reviews

For annual survey of law of domestic relations, see 38 Mercer L. Rev. 179 (1986). For annual survey on law of domestic relations, see 42 Mercer L. Rev. 201 (1990). For article on the 2018 amendment of this Code section, see 35 Ga. St. U.L. Rev. 77 (2018).

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)-2020-pdf.pdf, Volume V13, 2020 edition, pages 1041 to 1042; merge action: annotated; file SHA-256 1f1f034443c3.