Time Limitations for Filing Petition

  1. Law
  2. Georgia Code
  3. Courts
  4. Juvenile Code
  5. Dependency Proceedings
  6. Dependency Petitions
  7. Time Limitations for Filing Petition

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  1. If a child was removed from his or her home, a petition alleging dependency shall be filed within five days of the preliminary protective hearing.
  2. If a child was not removed from his or her home or if a child was removed from his or her home but was released from protective custody at the preliminary protective hearing, a petition alleging dependency shall be filed within 30 days of the preliminary protective hearing.
  3. Upon a showing of good cause and notice to all parties, the court may grant a requested extension of time for filing a petition alleging dependency in accordance with the best interests of the child. The court shall issue a written order reciting the facts justifying the extension.
  4. If a petition alleging dependency is not filed within the required time frame, the complaint shall be dismissed without prejudice.

(Code 1981, §15-11-151, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

RESEARCH REFERENCES

ALR.

- Right of indigent parent to appointed counsel in proceeding for involuntary termination of parental rights, 80 A.L.R.3d 1141.


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