Preliminary Protective Hearing; Findings

1. Law
2. Georgia Code
3. Courts
4. Juvenile Code
5. Dependency Proceedings
6. Preliminary Protective Hearings
7. Preliminary Protective Hearing; Findings

1. At the preliminary protective hearing, the court shall determine:
   1. Whether there is probable cause to believe a child is a dependent child; and
   2. Whether protective custody of a child is necessary to prevent abuse or neglect pending the hearing on the dependency petition.
2. The court:
   1. On finding that the complainant has proven neither of the required elements prescribed in subsection (a) of this Code section, shall dismiss the case and shall return the child before the court to his or her parent, guardian, or legal custodian;
   2. On finding that the complainant has not met the burden of proving that protective custody is necessary, shall return the child before the court to his or her parent, guardian, or legal custodian pending the hearing on the dependency petition. The court may also order a temporary alternative to foster care as provided in subsection (a) of Code Section 15-11-133.1 if it determines that such an order is necessary to prevent abuse or neglect prior to the adjudicatory hearing and to prevent the need for the child to be placed in foster care; or
   3. On finding that the complainant has met the burden prescribed in subsection (a) of this Code section, may place the child before the court in the temporary custody of DFCS pending the hearing on the dependency petition. DFCS shall prioritize temporary placement with an adult who is a relative or fictive kin, provided that such individual has met DFCS's requirements for relative placement and such temporary placement is in the best interests of such child.
3. A court's order removing a child from his or her home or ordering a temporary alternative to foster care in accordance with paragraph (1) of subsection (a) of Code Section 15-11-133.1 shall be based upon a finding that:
   1. Continuation in his or her home would be contrary to such child's welfare; or
   2. Removal is in such child's best interests.
4. The court shall make written findings as to whether DFCS has made reasonable efforts to prevent or eliminate the need for removal of a child from his or her home and to make it possible for such child to safely return home. If the court finds that no services were provided but that reasonable services would not have eliminated the need for protective custody, the court shall consider DFCS to have made reasonable efforts to prevent or eliminate the need for protective custody. The court shall include in the written findings a brief description of what preventive and reunification efforts were made by DFCS.
5. In determining whether a child shall be removed or continued out of his or her home, the court shall consider whether reasonable efforts can prevent or eliminate the need to separate the family. The court shall make a written finding in every order of removal that describes why it is in the best interests of the child that he or she be removed from his or her home or continued in foster care.
6. To aid the court in making the required written findings, DFCS shall present evidence to the court outlining the reasonable efforts made to prevent taking a child into protective custody and to provide services to make it possible for such child to safely return to his or her home and why protective custody is in the best interests of the child.

(Code 1981, §15-11-146, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2015, p. 540, § 1-6/HB 361; Ga. L. 2016, p. 134, § 1-2/HB 887; Ga. L. 2019, p. 67, § 5/HB 472.)

The 2019 amendment, effective April 18, 2019, added the second sentence in paragraph (b)(2); inserted "or ordering a temporary alternative to foster care in accordance with paragraph (1) of subsection (a) of Code Section 15-11-133.1" in the introductory language of subsection (c); and substituted "or" for "and" at the end of paragraph (c)(1).

Download our app to see the most-to-date content.