Dependency Case Time Limitations

  1. Law
  2. Georgia Code
  3. Courts
  4. Juvenile Code
  5. Dependency Proceedings
  6. General Provisions
  7. Dependency Case Time Limitations

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  1. A preliminary protective hearing shall be held promptly and no later than 72 hours after a child is placed in foster care, provided that, if the 72 hour time frame expires on a weekend or legal holiday, such hearing shall be held on the next day which is not a weekend or legal holiday.
  2. If a child was not taken into protective custody or is released from foster care at a preliminary protective hearing, the following time frames apply:
    1. A petition for dependency shall be filed within 30 days of the child's preliminary protective hearing;
    2. Summons shall be served at least 72 hours before the dependency adjudication hearing;
    3. The dependency adjudication hearing shall be held no later than 60 days after the filing of a petition for dependency; and
    4. If the child's dispositional hearing is not held in conjunction with the dependency adjudication hearing, it shall be held and completed within 30 days after the conclusion of the dependency adjudication hearing.
  3. If a child is not released from foster care at the preliminary protective hearing, the following time frames apply:
    1. A petition for dependency shall be filed within five days of the child's preliminary protective hearing;
    2. Summons shall be served at least 72 hours before the dependency adjudication hearing;
    3. The dependency adjudication hearing shall be held no later than ten days after the filing of a petition for dependency;
    4. DFCS shall submit to the court its written report within 30 days of the date a child who is placed in the custody of DFCS is removed from the home and at each subsequent review of the disposition order. If the DFCS report does not contain a plan for reunification services, a nonreunification hearing shall be held no later than 30 days from the time the report is filed; and
    5. If a dispositional hearing is not held in conjunction with the dependency adjudication hearing, it shall be held and completed within 30 days after the conclusion of the dependency adjudication hearing.
  4. An initial periodic review hearing shall be held within 75 days following a child's removal from his or her home. An additional periodic review shall be held within four months following such initial review.
  5. Permanency plan hearings shall be held no later than 30 days after DFCS has submitted a written report to the court which does not provide a plan for reunification services or:
    1. For children under seven years of age at the time a petition for dependency is filed, no later than nine months after such child is considered to have entered foster care, whichever comes first. Thereafter a permanency plan hearing shall be held every six months while such child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that such child's permanency plan and goal have been achieved; or
    2. For children seven years of age and older at the time a petition is filed, no later than 12 months after such child is considered to have entered foster care, whichever comes first. Thereafter a permanency plan hearing shall be held every six months while such child continues in DFCS custody or more frequently as deemed necessary by the court until the court determines that such child's permanency plan and goal have been achieved.
  6. A supplemental order of the court adopting a child's permanency plan shall be entered within 30 days after the court has determined that reunification efforts need not be made by DFCS.

(Code 1981, §15-11-102, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)


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