Continued Custody Hearing; Findings

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

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  1. At the commencement of a continued custody hearing, the court shall inform the parties of:
    1. The nature of the allegations;
    2. The nature of the proceedings;
    3. The possible consequences or dispositions that may apply to such child's case following adjudication; and
    4. Their due process rights, including the right to an attorney and to an appointed attorney; the privilege against self-incrimination; that he or she may remain silent and that anything said may be used against him or her; the right to confront anyone who testifies against him or her and to cross-examine any persons who appear to testify against him or her; the right to testify and to compel other witnesses to attend and testify in his or her own behalf; the right to a speedy adjudication hearing; and the right to appeal and be provided with a transcript for such purpose.
  2. At a continued custody hearing, the court shall determine whether there is probable cause to believe that a child has committed a status offense or is otherwise a child in need of services and that continued custody is necessary.
  3. If the court determines there is probable cause to believe that a child has committed a status offense or is otherwise in need of services, the court may order that such child:
    1. Be released to the custody of his or her parent, guardian, or legal custodian; or
    2. Be placed in the least restrictive placement consistent with such child's need for protection and control as authorized by Code Section 15-11-411 and in accordance with Code Section 15-11-415. Before placing the child in the custody of DFCS, the court shall consider 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. Upon finding that such a placement may be made, the court is authorized to order such a placement.
  4. If the court determines there is probable cause to believe that such child has committed a status offense or is otherwise in need of services, the court shall:
    1. Refer such child and his or her family for a community based risk reduction program; or
    2. Order that a petition for a child in need of services be filed and set a date for an adjudication hearing.
  5. Following a continued custody hearing, the court may detain a child alleged to be a child in need of services in a secure residential facility or nonsecure residential facility for up to 24 hours, excluding weekends and legal holidays, only for the purpose of providing adequate time to arrange for an appropriate alternative placement pending the adjudication hearing.
  6. All orders shall contain written findings as to the form or conditions of a child's release. If a child alleged to be a child in need of services cannot be returned to the custody of his or her parent, guardian, or legal custodian at the continued custody hearing, the court shall state the facts upon which the continued custody is based. The court shall make the following findings of fact referencing any and all evidence relied upon to make its determinations:
    1. Whether continuation in the home of such child's parent, guardian, or legal custodian is contrary to such child's welfare; and
    2. Whether reasonable efforts have been made to safely maintain such child in the home of his or her parent, guardian, or legal custodian and to prevent or eliminate the need for removal from such home. Such finding shall be made at the continued custody hearing if possible but in no case later than 60 days following such child's removal from his or her home.

(Code 1981, §15-11-414, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 780, § 1-30/SB 364; Ga. L. 2019, p. 67, § 8/HB 472.)

The 2019 amendment, effective April 18, 2019, added the second and third sentences in paragraph (c)(2).


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