History. Code 1981, § 15-11-133 , enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2019, p. 67, § 3/HB 472; Ga. L. 2019, p. 74, § 1-4/SB 158.
The 2019 amendments. —
The first 2019 amendment, effective April 18, 2019, substituted “the juvenile court” for “a juvenile court intake officer” at the end of paragraph (b)(2) and near the beginning of subsection (e); substituted “The juvenile court” for “A juvenile court intake officer” at the beginning of subsection (f); and added subsection (g). The second 2019 amendment, effective July 1, 2019, rewrote paragraph (a)(2), which formerly read: “By a law enforcement officer or duly authorized officer of the court if a child is in imminent danger of abuse or neglect if he or she remains in the home.” See Editor’s note for applicability.
Cross references.
Exercise of power of arrest generally, § 17-4-1 et seq.
Authority of peace officer to assume temporary custody of child absent from school without lawful authority or excuse, § 20-2-698 et seq.
Editor’s notes.
Ga. L. 2019, p. 74, § 1-1/SB 158, not codified by the General Assembly, provides: “This Act shall be known and may be cited as the ‘Anti-Human Trafficking Protective Response Act.’ ”
Ga. L. 2019, p. 74, § 3-1/SB 158, not codified by the General Assembly, provides: “This Act shall become effective on July 1, 2019, and shall apply to offenses which occur on or after that date. Any offense occurring before July 1, 2019, shall be governed by the statute in effect at the time of such offense, and any resulting conviction shall be considered a prior conviction for the purpose of imposing a sentence that provides for a different penalty for a subsequent conviction.”
Law reviews.
For note criticizing jurisdiction of juvenile justice system over runaways and advocating alternative legal approaches, see 24 Emory L. J. 1075 (1975).
For article, “The Prosecuting Attorney in Georgia’s Juvenile Courts,” see 13 Ga. St. B. J. 27 (2008).
For comment, “School Bullies — They Aren’t Just Students: Examining School Interrogations and the Miranda Warning,” see 59 Mercer L. Rev. 731 (2008).
For article on the 2019 amendment of this Code section, see 36 Ga. St. U.L. Rev. 63 (2019).
Structure Georgia Code
Article 3 - Dependency Proceedings
§ 15-11-130. Emergency Care and Supervision of Child Without Court Order; Immunity
§ 15-11-132. Verbal Custody Order
§ 15-11-133. Removal of Child From the Home; Protective Custody; Consideration of Alternatives
§ 15-11-134. Required Findings Justifying Removal From the Home