---
title: O.C.G.A. § 15-11-402. Right to attorney and appointment of guardian ad litem.
collection: code
id: 15-11-402
cite_as: O.C.G.A. § 15-11-402 (2025)
canonical_url: https://georgiacommons.org/code/15-11-402
md_url: https://georgiacommons.org/code/15-11-402.md
text_url: https://georgiacommons.org/code/15-11-402/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t15-ch1-11a-(v13)-2020-pdf.pdf?sfvrsn=d8a8826c_0#page=1118
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 / CHILD IN NEED OF SERVICES / FORMAL COURT PROCEDURES
---

# O.C.G.A. § 15-11-402. Right to attorney and appointment of guardian ad litem.

(a) The court shall appoint an attorney for a child alleged to be a child in need of services.

(b) The court may appoint a guardian ad litem for a child alleged to be a child in need of services at the request of such child’s attorney or upon the court’s own motion if it determines that a guardian ad litem is necessary to assist the court in determining the best interests of such child; provided, however, that such guardian ad litem may be the same person as the child’s attorney unless or until there is a conflict of interest between the attorney’s duty to such child as such child’s attorney and the attorney’s considered opinion of such child’s best interests as guardian ad litem.

(c) The role of a guardian ad litem in a proceeding for a child in need of services shall be the same role as provided for in all dependency proceedings under Article 3 of this chapter.

(d) If an attorney or a guardian ad litem has previously been appointed for a child in a dependency or delinquency proceeding, the court, when possible, shall appoint the same attorney or guardian ad litem for a child alleged to be a child in need of services.

(e) An attorney appointed to represent a child in a proceeding for a child in need of services shall continue representation in any subsequent appeals unless excused by the court.

(f) A child alleged to be a child in need of services shall be informed of his or her right to an attorney at or prior to the first court proceeding for a child in need of services. A child alleged to be a child in need of services shall be given an opportunity to:

(1) Obtain and employ an attorney of his or her own choice; or

(2) To obtain a court appointed attorney if the court determines that such child is an indigent person.

## History

Code 1981, § 15-11-402, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-26/SB 364.