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

Intra State Transfer
Pre-Adj and Post Disposition for Reunification


Authority

15-11-29 (a) for pre adjudication

15-11-30.5 for post adjudication


Purpose

To transfer the deprivation case to a more convenient Venue


Pleadings

  • Written motion or oral motion in open Court

  • For pre adjudication, child/parent county of residence must be different from the county where the child was "found" & the action was brought

  • For post adjudication, reunification must be the plan & the parent to whom reunification is directed resides in a different county


Parties

Same as Adj. Plus notice to foster parents / caregiver for child


Decision Points

For either type of transfer: DFACS policy requires a joint staffing between the receiving & the sending counties to assure there is an continuum of services & jurisdiction

For post adjudication,

  • Reunification must be the plan & the parent to whom

  • Reunification is directed resides in a different county

  • Parents' residence changed during the pending action

  • Disposition order states reunification

  • Within 30 days, sending court provides certified copies of adjudication, disposition & transfer orders, case plan & other necessary documents to the receiving county

For pre adjudication,

  • NOT used often; child present in county when action commenced but parties residents of another county, then for convenience of parties & witnesses Court may transfer to the county of residence of the child


Practice Points


15-11-29. Venue.

(a) A proceeding under this article may be commenced in the county in which the child resides. If delinquent or unruly conduct is alleged, the proceeding may be commenced in the county in which the acts constituting the alleged delinquent or unruly conduct occurred. If deprivation is alleged, the proceeding may be brought in the county in which the child is present when it is commenced; provided, however, that for the convenience of the parties and witnesses, the court may transfer the proceeding to the county in which the child resides. If the proceeding is transferred, certified copies of all legal and social documents and records pertaining to the proceeding on file with the clerk of court shall accompany the transfer. A juvenile court judge, an associate juvenile court judge, a judge pro tempore of the juvenile court, or any person sitting as a juvenile court judge may conduct hearings in connection with any proceeding under this article in any county within the judicial circuit.

(b) When a superior court judge sits as juvenile court judge, hearings in connection with any proceeding under this article may be heard before the judge in any county within the judicial circuit over which the judge presides.


15-11-30.5. Transfer of jurisdiction over reunification plans.

Whenever an order of disposition incorporates a reunification plan and the residence of the parent is not in the county of the court with jurisdiction or the residence of the parent changes to a county other than the county of the court with jurisdiction, the court may transfer jurisdiction to the juvenile court of the residence of the parent or parents to whom reunification is directed. Said transferring court shall provide the receiving court within 30 days of the filing of the transfer order with certified copies of the adjudication order, the order of disposition, the order of transfer, the case plan, and such other court documents deemed necessary by the sending court to enable the receiving court to assume jurisdiction over the matter. Compliance with this Code section shall terminate jurisdiction in the transferring court and initiate jurisdiction in the receiving court.


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