Risk Assessments or Risk and Needs Assessments; Case Plans; Issuance of Orders

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  4. Juvenile Code
  5. General Provisions
  6. Risk Assessments or Risk and Needs Assessments; Case Plans; Issuance of Orders

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  1. In any jurisdiction within which a risk reduction program has been established, when a child comes before the court for disposition, the court may order that a risk assessment or risk and needs assessment, as defined in Code Section 49-4A-1, be made of such child and the circumstances resulting in such child being before the court.
  2. If the results of a risk assessment or risk and needs assessment, as defined in Code Section 49-4A-1, demonstrates a need for a case plan, the court may order that a case plan be developed by a panel representing community agencies as authorized by the court. A case plan shall contain the proposed actions and alternatives for the proper and efficient use of available community resources to assist a child.
  3. A case plan shall be served on a child and his or her parent, guardian, or legal custodian. A case plan shall also include a cover letter which contains the following information:
    1. Sources to explain the process, procedures, and penalties for not responding to the court order in the prescribed time frame; and
    2. The deadline for responding to the court order and stating objections to the case plan or any portion thereof is ten days from the date of service.
  4. If no objection is made or if a child and his or her parent, guardian, or legal custodian consents to the case plan, the case plan shall be incorporated into and made a part of the disposition order entered in the case by entry of a supplemental order. The case plan may be modified by the court at any time such child is under the jurisdiction of the court.
  5. If a child or his or her parent, guardian, or legal custodian objects to the case plan, the court shall conduct a hearing. The court may decline to adopt the case plan or may confirm or modify the case plan. In implementing a case plan, the court shall have available all of the protective powers set forth in Code Section 15-11-29, without the necessity of a show cause hearing, unless objection is made to the case plan.
  6. In any jurisdiction within which a risk reduction program has been established, such court may issue an order authorized by Code Section 15-11-29.1.

(Code 1981, §15-11-39, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2017, p. 604, § 1-2/SB 175.)

RESEARCH REFERENCES

ALR.

- Validity and efficacy of minor's waiver of right to counsel - cases decided since application of Gault, 387 U.S. 1, 87 S. Ct. 1428, 18 L. Ed. 2d 527 (1967), 101 A.L.R.5th 351.


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