Official Code of Georgia Annotated

Title 15. COURTS · Chapter 11. JUVENILE CODE · Article 5. CHILD IN NEED OF SERVICES · Part 3. FORMAL COURT PROCEDURES

15-11-400. Child in need of services; time limitations for continued custody or temporary custody hearings.

Active

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

(a)
The continued custody hearing for a child alleged to be a child in need of services shall be held promptly and no later than:#
1. (1)
  Twenty-four hours, excluding weekends and holidays, after such child is taken into temporary custody if he or she is being held in a secure residential facility or nonsecure residential facility; or#
2. (2)
  Seventy-two hours, excluding weekends and holidays, after such child is placed in foster care.#
(b)
If a child alleged to be a child in need of services was never taken into temporary custody or is released from temporary custody at the continued custody hearing, the following time frames apply:#
1. (1)
  The petition for a child in need of services shall be filed:#
  (A)
  Within 30 days of the filing of the complaint with the juvenile court; or#
  (B)
  Within 30 days of such child’s release from temporary custody;#
2. (2)
  Summons shall be served at least 72 hours before the adjudication hearing;#
3. (3)
  An adjudication hearing shall be scheduled to be held no later than 60 days after the filing of the petition for a child in need of services; and#
4. (4)
  If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing.#
(c)
If a child alleged to be a child in need of services is not released from temporary custody at the continued custody hearing, the following time frames apply:#
1. (1)
  The petition for a child in need of services shall be filed within five days of the continued custody hearing;#
2. (2)
  Summons shall be served at least 72 hours before an adjudication hearing;#
3. (3)
  An adjudication hearing shall be scheduled to be held no later than ten days after the filing of the petition for a child in need of services; and#
4. (4)
  If not held in conjunction with an adjudication hearing, a disposition hearing shall be held and completed within 30 days after the conclusion of an adjudication hearing.#

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, § 15-11-400, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-25/SB 364.

Cross references

Amendment to Juvenile Court petition, Uniform Rules for the Juvenile Courts of Georgia, Rule 6.6. Continuance of adjudicatory hearing in Juvenile Court, Uniform Rules for the Juvenile Courts of Georgia, Rule 11.3.

Law reviews

For article discussing due process in juvenile court procedures in California and Georgia, in light of In re Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967), see 8 Ga. St. B. J. 9 (1971). For article, ‘‘The Child as a Party in Interest in Custody Proceedings,’’ see 10 Ga. St. B. J. 577 (1974). For article surveying Georgia cases in the area of juvenile court practice and procedure from June 1979 through May 1980, see 32 Mercer L. Rev. 113 (1980). For article, ‘‘Termination of Parental Rights: Recent Judicial and Legislative Trends,’’ see 30 Emory L. J. 1065 (1981). For article, ‘‘Georgia’s Juvenile Code: New Law for the New Year,’’ see 19 Ga. St. B. J. 13 (Dec. 2013). For note criticizing jurisdiction of juvenile justice system over runaways and advocating alternative legal approaches, see 24 Emory L. J. 1075 (1975). For note on the 1994 amendment of this Code section, see 11 Ga. St. U.L. Rev. 81 (1994).

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 1102 to 1103; merge action: carried; file SHA-256 1f1f034443c3.

Ask about this section

The answer is drawn from this section and, when they fit, the other sections of its chapter. It quotes the text and names the section for each claim. Not legal advice.