Discovery

  1. Law
  2. Georgia Code
  3. Courts
  4. Juvenile Code
  5. Termination of Parental Rights
  6. General Provisions
  7. Discovery

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  1. In all cases under this article, any party shall, upon written request to the party having actual custody, control, or possession of the material to be produced, have full access to the following for inspection, copying, or photographing:
    1. The names and telephone numbers of each witness likely to be called to testify at the hearing by another party;
    2. A copy of any formal written statement made by the child adjudicated as a dependent child or any witness that relates to the subject matter concerning the testimony of the witness that a party intends to call as a witness at the hearing;
    3. Except as otherwise provided in subsection (b) of this Code section, any scientific or other report which is intended to be introduced at any hearing or that pertains to physical evidence which is intended to be introduced;
    4. Any drug screen concerning the child adjudicated as a dependent child or his or her parent, guardian, or legal custodian;
    5. Any case plan concerning the child adjudicated as a dependent child or his or her parent, guardian, or legal custodian;
    6. Any visitation schedule related to the child who is adjudicated as a dependent child;
    7. Photographs and any physical evidence which are intended to be introduced at any hearing;
    8. Copies of the police incident report regarding an occurrence which forms part or all of the basis of the petition; and
    9. Any other relevant evidence not requiring consent or a court order under subsection (b) of this Code section.
  2. Upon presentation of a court order or written consent from the appropriate person or persons permitting access to the party having actual custody, control, or possession of the material to be produced, any party shall have access to the following for inspection, copying, or photographing:
    1. Any psychological, developmental, physical, mental or emotional health, or other assessments of the child adjudicated as a dependent child or the family, parent, guardian, or legal custodian of such child;
    2. Any school record concerning the child adjudicated as a dependent child;
    3. Any medical record concerning the child adjudicated as a dependent child;
    4. Transcriptions, recordings, and summaries of any oral statement of the child adjudicated as a dependent child or of any witness, except child abuse reports that are confidential pursuant to Code Section 19-7-5 and work product of counsel;
    5. Any family team meeting report or multidisciplinary team meeting report concerning the child adjudicated as a dependent child or his or her parent, guardian, or legal custodian;
    6. Supplemental police reports, if any, regarding an occurrence which forms part of all of the basis of the petition; and
    7. Immigration records concerning the child adjudicated as a dependent child.
  3. If a party requests disclosure of information pursuant to subsection (a) or (b) of this Code section, it shall be the duty of such party to promptly make the following available for inspection, copying, or photographing to every other party:
    1. The names and last known addresses and telephone numbers of each witness to the occurrence which forms the basis of the party's defense or claim;
    2. Any scientific or other report which is intended to be introduced at the hearing or that pertains to physical evidence which is intended to be introduced;
    3. Photographs and any physical evidence which are intended to be introduced at the hearing; and
    4. A copy of any written statement made by any witness that relates to the subject matter concerning the testimony of the witness that the party intends to call as a witness.
  4. A request for discovery or reciprocal discovery shall be complied with promptly and not later than five days after the request is received or 72 hours prior to any hearing except when later compliance is made necessary by the timing of the request. If the request for discovery is made fewer than 48 hours prior to an adjudicatory hearing, the discovery response shall be produced in a timely manner. If, subsequent to providing a discovery response in compliance with this Code section, the existence of additional evidence is found, it shall be promptly provided to the party making the discovery request.
  5. If a request for discovery or consent for release is refused, application may be made to the court for a written order granting discovery. Motions for discovery shall certify that a request for discovery or consent was made and was unsuccessful despite good faith efforts made by the requesting party. An order granting discovery shall require reciprocal discovery. Notwithstanding the provisions of subsection (a) or (b) of this Code section, the court may deny, in whole or in part, or otherwise limit or set conditions concerning the discovery response upon a sufficient showing by a person or entity to whom a request for discovery is made that disclosure of the information would:
    1. Jeopardize the safety of a party, witness, or confidential informant;
    2. Create a substantial threat of physical or economic harm to a witness or other person;
    3. Endanger the existence of physical evidence;
    4. Disclose privileged information; or
    5. Impede the criminal prosecution of a minor who is being prosecuted as an adult or the prosecution of an adult charged with an offense arising from the same transaction or occurrence.
  6. No deposition shall be taken of a child adjudicated as a dependent child unless the court orders the deposition, under such conditions as the court may order, on the ground that the deposition would further the purposes of this part.
  7. If at any time during the course of the proceedings it is brought to the attention of the court that a person or entity has failed to comply with an order issued pursuant to this Code section, the court may grant a continuance, prohibit the party from introducing in evidence the information not disclosed, or enter such other order as the court deems just under the circumstances.
  8. Nothing contained in this Code section shall prohibit the court from ordering the disclosure of any information that the court deems necessary for proper adjudication.
  9. Any material or information furnished to a party pursuant to this Code section shall remain in the exclusive custody of the party and shall only be used during the pendency of the case and shall be subject to such other terms and conditions as the court may provide.

(Code 1981, §15-11-264, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Cross references.

- Discovery, T. 17, C. 16.

Law reviews.

- For article, "The Prosecuting Attorney in Georgia's Juvenile Courts," see 13 Ga. St. B. J. 27 (2008).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under pre-2014 Code Section 15-11-75, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section. See the Editor's notes at the beginning of the chapter.

No Brady violation shown.

- In a juvenile proceeding wherein the juvenile was adjudicated delinquent as a result of a battery against a schoolmate on a school bus, the trial court did not err in allegedly failing to enforce the discovery provisions of former O.C.G.A. § 15-11-75(a)(7) (see now O.C.G.A. § 15-11-541) and in allegedly failing to remedy a Brady violation because the videotape at issue was not in the custody and control of the State of Georgia; the juvenile could have obtained the evidence had the juvenile simply subpoenaed the video prior to trial and, significantly, the unrebutted evidence of record established that the videotape lacked any exculpatory or evidentiary value since the videotape was blank. In the Interest of E.J., 283 Ga. App. 648, 642 S.E.2d 179 (2007) (decided under former O.C.G.A. § 15-11-75).

No pretrial discovery mandated.

- Neither the U.S. Const., amend. 14 nor the state Constitution mandates pretrial discovery in proceedings to terminate parental rights. Ray v. Department of Human Resources, 155 Ga. App. 81, 270 S.E.2d 303 (1980) (decided under former law).

Discovery of relevant evidence granted.

- Because termination of parental rights is more civil in nature than criminal, it generally is the legislative intent to grant discovery of evidence relevant to an issue in controversy, except when otherwise barred. Ray v. Department of Human Resources, 155 Ga. App. 81, 270 S.E.2d 303 (1980) (decided under former law).


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