Time and Notice of Hearing

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Notwithstanding Code Sections 15-11-40, 15-11-150, 15-11-152, 15-11-160, 15-11-281, 15-11-424, and 15-11-531, the unemancipated minor or next friend shall be notified of the date, time, and place of the hearing in such proceedings at the time of filing the petition. The hearing shall be held within three days of the date of filing, excluding weekends and legal holidays. The parent, guardian, or legal custodian of the unemancipated minor shall not be served with the petition or with a summons or otherwise notified of the proceeding. If a hearing is not held within the time prescribed in this Code section, the petition shall be deemed granted.

(Code 1981, §15-11-683, enacted by Ga. L. 2013, p. 294, § 1-1/HB 242.)

Cross references.

- Hearings in Juvenile Court proceedings under Parental Notification Act, Uniform Rules for the Juvenile Courts of Georgia, Rules 23.4 - 23.9.

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under pre-2014 Code Section 15-11-113, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.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.

Constitutionality.

- Former Georgia Parental Notification Act's requirements, former O.C.G.A. § 15-11-110 et seq. (see now O.C.G.A. § 15-11-683), taken together, did not unduly burden a minor's abortion decision. Planned Parenthood Ass'n v. Miller, 934 F.2d 1462 (11th Cir. 1991) (decided under former O.C.G.A. § 15-11-113).


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