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Official Code of Georgia Annotated

Title 15. COURTS · Chapter 11. JUVENILE CODE · Article 5. CHILD IN NEED OF SERVICES · Part 5. PETITION AND SUMMONS

15-11-421. Time limitations for filing petition.

Active

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

  1. (a)

    If a child alleged to be a child in need of services is not released from temporary custody at a continued custody hearing, a petition seeking an adjudication that such child is a child is in need of services shall be filed within five days of such continued custody hearing.#

  2. (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 a continued custody hearing, a petition seeking an adjudication that such child is a child in need of services shall be filed:#

    1. (1)

      Within 30 days of the filing of the complaint with the juvenile court intake officer; or#

    2. (2)

      Within 30 days of such child’s release from temporary custody.#

  3. (c)

    Upon a showing of good cause and notice to all parties, the court may grant a requested extension of time for filing a petition seeking an adjudication that a child is a child in need of services in accordance with the best interests of the child. The court shall issue a written order reciting the facts justifying the extension.#

  4. (d)

    If no petition seeking an adjudication that a child is a child in need of services is filed within the required time frame, the complaint may be dismissed without prejudice.#

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, § 15-11-421, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.

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).

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 1138 to 1139; merge action: carried; file SHA-256 1f1f034443c3.