Child Attorney Trial Notebook for Deprivation Cases in Georgia’s Juvenile Courts

 Mary Hermann
Child Attorney
Consultant
Carl Vinson Institute of Government
 		For print copies, please contact the Supreme Court of Georgia's Committee on Justice for Children
www.gajusticeforchildren.org
Phone: 404.657.9219

Probable Cause / Detention /
72 Hour Hearing


Authority

15-11-49 & 49.1, URJC 8


  • Should be held within 72 hours of removal authorization (safekeeping)

  • 15-11-49(c)

  • remedy - start over with new safekeeping -- IV-E eligibility issue


Purpose

  • Should a petition issue? Reasonable grounds exist to believe allegations in complaint are true.

  • Should child be removed (detained) pending ADJ?


Pleading

  • Complaint, police report may be attached


Parties

  • DFACS, mother, father (legal or putative), SAAG, CA, legal
    guardian, police, attorney for parent, other relatives


Notice

  • "reasonable notice" to parent or guardian, time & place of hearing, reason for removal; may be by phone, note on door, oral


Rt to Atty

  • parents/legal guardian should be advised of right to counsel

  • if indigent, right to appointed counsel inquiry about incarcerated parents putative father, right to counsel?


Std of Proof

  • reasonable grounds exist to believe that the allegations in the complaint are true -- Juvenile Court Rules # 8

  • Hearsay evidence allowed


Reasonable Efforts

  • to prevent removal, preserve family continuation in the home would be contrary to the welfare of the child


Waiver

  • parents / legal guardian may waive PCH & stipulate to RE / contrary to the welfare


Jurisdiction

  • child under 18 years alleged to be deprived in state


Venue

  • child present in the county when action commenced found in the county


Decision Points

  • placement of child pending cont. or ADJ

  • Petition Issue?

  • Custody? Pending next hearing

  • Reasons for removal -- identify specific issues (drugs, mental health, neglect, physical abuse, sexual abuse, abandonment) -- specific findings

  • Contrary to the welfare -- specific findings visitation b/n child & parent, child & other family (sibling) relatives resources to be explored, home evaluations immediate service needs of child or family, (medical/educational)would DFACS services expedite return? forensic evaluation / psych evaluation / medical exam absent parents, name & whereabouts, legal status CASA should be appointed Is father putative or legal? -- is Legitimation needed?

  • DNA Testing??

  • Poverty / Homelessness

  • Could child be returned to parents with DFACS services?

  • If services to be provided by whom & for how long? Is further in court review needed to confirm services?

  • Are the reasons for removal the same as barriers to reunification


Documents/ Information Needed

  • placement of child

  • release of information for child to CA

  • police reports / bond conditions for parent or perpetrator

  • what witnesses need to subpoenaed

  • prior history w/ DFACS or Court

  • photos, medical reports, school records

  • parents make statements / to whom

  • who is perpetrator -- further access to child

  • psych evaluations / records

  • if forensic interview has been done need report & copy of video

  • When is the Family Team meeting (FTM)

  • Who is the CCFA provider (Comprehensive Child & Family Assessment)

  • Have physical / Dental Screen been scheduled

  • Will child have to change schools


Dismissal

  • if DFACS asks for a dismissal, then testimony or written statement as to how child is no longer at risk is there a Safety Plan signed by offending parent? if yes, it should be submitted as an exhibit to support dismissal does Court order the opening of a CPS case or wraparound services for a specific period of time? Verify child is not afraid to go home


Continuance

  • no more than 72 hour increments unless parties waive on record

  • need to state reasons for continuance

    • further investigation,

    • necessary witness,

    • begin services to allow child to return home,

    • home evaluation of relative



Order

Scheduling Order may also be used


Next Court Date & Family Meeting

Before adjourning PCH all parties should have notice of the next court date & date of Family Team Meeting


Practice Points


15-11-49. Release of child where detention not warranted; informal detention hearing; notice; guardian ad litem; rehearing; presentation of petition.

(a) If a child is brought before the court or delivered to a detention or shelter care facility designated by the court, the intake or other authorized officer of the court shall immediately make an investigation and release the child unless it appears that the child's detention or shelter care is warranted or required under Code Section 15-11-46.

(b) If a child is so released and the case is to be prosecuted further other than by informal adjustment, a petition under Code Section 15-11-38.1 shall be made and presented to the court within 30 days.

(c) (1) If a child alleged to be delinquent is not so released, an informal detention hearing shall be held promptly and not later than 72 hours after the child is placed in detention or shelter care to determine whether detention or shelter care of the child is required under Code Section 15-11-46, provided that, if the 72 hour time period expires on a Saturday, Sunday, or legal holiday, the hearing shall be held on the next day which is not a Saturday, Sunday, or legal holiday.

(2) If a child alleged to be unruly is not so released, the informal detention hearing shall be held promptly and not later


15-11-49.1. When order for immediate custody authorized.

If it appears from a filed affidavit or from sworn testimony before the court that the conduct, condition, or surroundings of the child are endangering the child's health or welfare or those of others or that the child may abscond or be removed from the jurisdiction of the court or will not be brought before the court, notwithstanding the service of the summons, the court may endorse upon the summons an order that a law enforcement officer shall serve the summons and take the child into immediate custody and bring the child forthwith before the court.


RULES OF JUVENILE COURTS
8. DETENTION HEARING


8.1 Purpose.      

The purposes of the detention hearing are to determine whether a child who has been taken into custody shall be released or detained pending further court proceedings, and if reasonable grounds exist to believe that the allegations in the complaint or petition are true. The detention hearing shall be informal and hearsay may be allowed.


8.2 Notice.      

The person taking a child into custody shall promptly give notice thereof, together with a statement of the reason for taking the child into custody, to a parent, guardian or other custodian and to the court. Any temporary detention or questioning of the child necessary to comply with this rule shall conform to the procedures and conditions prescribed by the Juvenile Proceedings Code and guidelines of the court.


8.3 Commencement of Hearing.      

Prior to the commencement of the detention hearing the court shall inform the parties of their right to counsel and their right to have counsel appointed by the court if they are indigent. The child shall also be informed of his or her right to remain silent with respect to any allegation of delinquent or unruly conduct.


8.4 Conditional Release.       If a child is released from detention without bond pending further hearings on the charges, the court may specify certain conditions of release (e.g., curfews, school attendance).


8.5 Violation of Conditions.      

If a court officer finds that the child has violated his or her conditional release from detention, the officer may take the child into custody and return the child to detention. If the child is detained, the officer shall file a complaint stating what the child did to violate the conditional release and give a copy of the complaint to the intake worker at the detention center. Said child is entitled to a hearing on whether the child has violated the conditions of release.


8.6 Continuance.      

On the motion of the court or that of a party, the court may continue a detention hearing for a reasonable period to receive reports and other evidence bearing on the need to detain the child. In this event, the court shall make an appropriate order for detention of the child or release of the child from detention subject to supervision of the court during the period of continuance.

In scheduling investigations and hearings, the court shall give priority to proceedings in which a child is in detention or has otherwise been removed from home before an order of disposition has been made. A request for continuation by a party or a party's counsel beyond these limits shall be considered as a waiver of the right to a hearing within the appropriate time limits.

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