Continuing Court Review When Child Not Adopted

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If a petition seeking the adoption of a child whose parents have had their parental rights terminated or surrendered is not filed within six months after the date of the disposition order, the court shall then, and at least every six months thereafter so long as such child remains unadopted, review the circumstances of such child to determine what efforts have been made to assure that such child will be adopted. The court shall:

  1. Make written findings regarding whether reasonable efforts have been made to move such child to permanency;
  2. Evaluate whether, in light of any change in circumstances, the permanency plan for such child remains appropriate; and
  3. Enter such orders as it deems necessary to further adoption or if appropriate, other permanency options, including, but not limited to, another placement.

(Code 1981, §15-11-322, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-23/SB 364.)

Cross references.

- Time limitations upon orders of disposition - commitment to Division of Youth Services, Uniform Rules for the Juvenile Courts of Georgia, Rule 15.2.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under pre-2000 Code Sections 15-11-54 and 15-11-90, and pre-2014 Code Section 15-11-103, which were subsequently repealed but were succeeded by provisions in this Code section, are included in the annotations for this Code section.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.

Court cannot invest itself with authority to choose an adopting family, relying upon the provisions dealing with "other suitable measures for the care and welfare of the child." Department of Human Resources v. Ledbetter, 153 Ga. App. 416, 265 S.E.2d 337 (1980) (decided under former O.C.G.A. § 15-11-54).

Consent of placement agency necessary for adoption.

- Former statute, which provided for the placing of children with an agency upon termination of parental rights, also mandated that consent of the agency was necessary for adoption. Drummond v. Fulton County Dep't of Family & Children Servs., 237 Ga. 449, 228 S.E.2d 839 (1976), cert. denied, 432 U.S. 905, 97 S. Ct. 2949, 53 L. Ed. 2d 1077 (1977) (decided under former O.C.G.A. § 15-11-54).


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