Temporary Custody; Time Limitations

1. Law
2. Georgia Code
3. Courts
4. Juvenile Code
5. Child in Need of Services
6. Preadjudication Custody and Release of Children
7. Temporary Custody; Time Limitations

1. A person taking a child into temporary custody pursuant to Code Section 15-11-410 shall not exercise custody over such child except for a period of 12 hours.
2. Immediately after a child is taken into custody, every effort shall be made to contact such child's parents, guardian, or legal custodian.
3. If a parent, guardian, or legal custodian has not assumed custody of his or her child at the end of the 12 hour period described in subsection (a) of this Code section, the court shall be notified and shall place such child in the least restrictive placement consistent with such child's needs for protection or control. In making its determination of placement, the court should consider the following placement options:
   1. In the custody of such child's parents, guardian, or legal custodian upon such person's promise to bring such child before the court when requested by the court;
   2. Before placing the child in the custody of DFCS, whether the child may be placed with a relative or fictive kin upon such person's promise to bring such child before the court when requested by the court;
   3. In the custody of DFCS which shall promptly arrange for foster care of such child;
   4. In a secure residential facility or nonsecure residential facility in accordance with Code Section 15-11-412; or
   5. In any other court-approved placement that is not a secure residential facility or nonsecure residential facility.

(Code 1981, §15-11-411, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-28/SB 364; Ga. L. 2019, p. 67, § 7/HB 472.)

The 2019 amendment, effective April 18, 2019, added paragraph (c)(2) and redesignated former paragraphs (c)(2) through (c)(4) as present paragraphs (c)(3) through (c)(5), respectively.

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2013, "is" was inserted in subsection (b).

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Code 1933, § 24A-1402, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.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.

Time limits are jurisdictional and must be adhered to.

- Time limits established by the General Assembly in the Juvenile Code are jurisdictional and must be strictly adhered to. A failure to comply with the time periods requires dismissal. R.A.S. v. State, 156 Ga. App. 366, 274 S.E.2d 752 (1980), overruled on other grounds, In re R.D.F., 66 Ga. 294, 466 S.E.2d 572 (1996) (decided under former Code 1933, § 24A-1402).

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under pre-2000 Code Section 15-11-19, 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.

Juvenile court intake officers.

- Officers of the juvenile division of the sheriff's department may not also serve as juvenile court intake officers for purposes of compliance with former statutory provisions. 1983 Op. Att'y Gen. No. U83-66 (decided under former O.C.G.A. § 15-11-19).

RESEARCH REFERENCES

Am. Jur. 2d.

- 47 Am. Jur. 2d, Juvenile Courts and Delinquent and Dependent Children, § 66 et seq.

C.J.S.

- 43 C.J.S., Infants, §§ 140 et seq., 239.

U.L.A.

- Uniform Juvenile Court Act (U.L.A.) § 15.

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