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Official Code of Georgia Annotated

Title 15. COURTS · Chapter 11. JUVENILE CODE · Article 5. CHILD IN NEED OF SERVICES · Part 4. PREADJUDICATION CUSTODY AND RELEASE OF CHILDREN

15-11-410. Taking a child into temporary custody.

Active

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

  1. (a)

    A child may be taken into temporary custody under this article:#

    1. (1)

      Pursuant to a court order; or#

    2. (2)

      By a law enforcement officer when there are reasonable grounds to believe that a child has run away from his or her parent, guardian, or legal custodian or the circumstances are such as to endanger a child’s health or welfare unless immediate action is taken.#

  2. (b)

    Before entering an order authorizing temporary custody, the court shall consider the results of a detention assessment and determine whether continuation in the home is contrary to a child’s welfare and whether there are available services that would prevent the need for custody. The court shall make such determination on a case-by-case basis and shall make written findings of fact referencing any and all evidence relied upon in reaching its decision.#

  3. (c)

    A person taking a child into temporary custody shall deliver such child, with all reasonable speed and without first taking such child elsewhere, to a medical facility if he or she is believed to suffer from a serious physical condition or illness which requires prompt treatment and, upon delivery, shall promptly contact a juvenile court intake officer.#

  4. (d)

    As soon as a juvenile court intake officer is notified that a child has been taken into temporary custody, such juvenile court intake officer shall administer a detention assessment and determine if such child should be released, remain in temporary custody, or be brought before the court.#

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, § 15-11-410, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-27/SB 364.

Cross references

Exercise of power of arrest generally, § 17-4-1 et seq. Authority of peace officer to assume temporary custody of child absent from school without lawful authority or excuse, § 20-2-698 et seq. 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 Prosecuting Attorney in Georgia’s Juvenile Courts,’’ see 13 Ga. St. B. J. 27 (2008). For note criticizing jurisdiction of juvenile justice system over runaways and advocating alternative legal approaches, see 24 Emory L. J. 1075 (1975). For comment, ‘‘School Bullies — They Aren’t Just Students: Examining School Interrogations and the Miranda Warning,’’ see 59 Mercer L. Rev. 731 (2008).

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 1124 to 1125; merge action: carried; file SHA-256 1f1f034443c3.

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