---
title: O.C.G.A. § 15-11-423. Issuance of summons.
collection: code
id: 15-11-423
cite_as: O.C.G.A. § 15-11-423 (2025)
canonical_url: https://georgiacommons.org/code/15-11-423
md_url: https://georgiacommons.org/code/15-11-423.md
text_url: https://georgiacommons.org/code/15-11-423/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=1146
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.
up: https://georgiacommons.org/code/15-11.md
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index: https://georgiacommons.org/code/index.md
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 / PETITION AND SUMMONS
---

# O.C.G.A. § 15-11-423. Issuance of summons.

(a) The court shall direct the issuance of a summons to the child alleged to be a child in need of services, his or her parent, guardian, or legal custodian, DFCS and any other public agencies or institutions providing services, and any other persons who appear to the court to be proper or necessary parties to such child in need of services proceeding requiring them to appear before the court at the time fixed to answer the allegations of the petition seeking an adjudication that a child is in need of services. A copy of such petition shall accompany the summons.

(b) The summons shall state that a party is entitled to an attorney in the proceedings and that the court will appoint an attorney if the party is an indigent person.

(c) A party other than a child may waive service of summons by written stipulation or by voluntary appearance at the hearing.

## History

Code 1981, § 15-11-423, 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).