As used in this chapter, the term:
(G.1) Home invasion in the first degree;
(F.1) Home invasion in the second degree;
(13.1) “Community supervision officer” means an individual employed by the Department of Community Supervision who supervises probationers who were adjudicated for committing a Class A designated felony act or Class B designated felony act, placed in restrictive custody, and released from such custody.
(32.1) “Family and permanency team” shall consist of all appropriate biological family members, relatives, and fictive kin of the child, as well as, as appropriate, professionals who are a resource to the family of the child, such as teachers, medical or mental health providers who have treated the child, or clergy, and not more than two members of the case planning team or permanency planning team selected by a child who is age 14 or older. The two members selected by the child shall not be a foster parent of, or caseworker for, the child. DFCS may reject an individual selected by the child if DFCS has good cause to believe that the individual would not act in the best interest of the child.
(60.1) “Qualified individual” means a trained professional or licensed clinician who is not an employee of the department and who is not connected to, or affiliated with, any placement setting in which children are placed by the department.
(60.2) “Qualified residential treatment program” means a program that:
(73.1) “Temporary alternatives to foster care” means measures that a juvenile court may order in lieu of removal of a child or children alleged to be dependent in protective custody which will prevent or reduce the trauma of removal; allow a child to be cared for by persons with whom the child has an existing bond or attachment; or that ensure the safety of the child pending further action by the court on the dependency complaint or petition.
History. Code 1981, § 15-11-2 , enacted by Ga. L. 2013, p. 294, § 1-1/HB 242; Ga. L. 2014, p. 426, §§ 1, 2/HB 770; Ga. L. 2014, p. 432, § 2-1/HB 826; Ga. L. 2014, p. 441, §§ 2, 3/HB 911; Ga. L. 2014, p. 780, § 1-1/SB 364; Ga. L. 2015, p. 422, § 5-8/HB 310; Ga. L. 2015, p. 540, § 1-1/HB 361; Ga. L. 2015, p. 805, § 1/HB 492; Ga. L. 2016, p. 219, § 1/SB 331; Ga. L. 2016, p. 304, § 1/SB 64; Ga. L. 2017, p. 417, § 2-1/SB 104; Ga. L. 2017, p. 500, § 2-1/SB 160; Ga. L. 2018, p. 927, § 1-1/HB 906; Ga. L. 2019, p. 67, § 1/HB 472; Ga. L. 2019, p. 893, § 1/SB 225; Ga. L. 2020, p. 493, § 15/SB 429; Ga. L. 2021, p. 134, § 1/SB 28.
The 2018 amendment, effective July 1, 2020, substituted the present provisions of paragraph (10) for the former provisions, which read: “ ‘Child’ means any individual who is:
“(A) Under the age of 18 years;
“(B) Under the age of 17 years when alleged to have committed a delinquent act;
“(C) Under the age of 22 years and in the care of DFCS as a result of being adjudicated dependent before reaching 18 years of age;
“(D) Under the age of 23 years and eligible for and receiving independent living services through DFCS as a result of being adjudicated dependent before reaching 18 years of age; or
“(E) Under the age of 21 years who committed an act of delinquency before reaching the age of 17 years and who has been placed under the supervision of the court or on probation to the court for the purpose of enforcing orders of the court.”
The 2019 amendments.
The first 2019 amendment, effective April 18, 2019, substituted the present provisions of paragraph (33) for the former provisions, which read: “ ‘Fictive kin’ means a person who is known to a child as a relative, but is not, in fact, related by blood or marriage to such child and with whom such child has resided or had significant contact.”; and added paragraph (73.1). The second 2019 amendment, effective May 7, 2019, added paragraphs (32.1), (60.1), and (60.2).
The 2020 amendment, effective July 29, 2020, part of an Act to revise, modernize, and correct the Code, substituted “family based” for “family-based” in subparagraph (60.2)(G).
The 2021 amendment, effective January 1, 2022, inserted “in a delinquency or child in need of services proceeding” near the middle of paragraph (41); substituted “Sexual servitude, as defined in Code Section 16-5-46” for “Prostitution, in violation of Code Section 16-6-9” in subparagraph (70)(A); and, in paragraph (73.1), deleted “or placement of” following “removal of” near the middle, and substituted “trauma of” for “trauma or” in the middle.
Editor’s notes.
Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides, in part, that the amendment by this Act shall apply to sentences entered on or after July 1, 2015.
Ga. L. 2016, p. 304, § 18/SB 64, not codified by the General Assembly, provides that: “This Act shall not be construed to affect a voluntary acknowledgement of legitimation that was valid under the former provisions of Code Section 19-7-21.1, nor any of the rights or responsibilities flowing therefrom, if it was executed on or before June 30, 2016.”
Ga. L. 2017, p. 417, § 2-1/SB 104, which amended this Code section, purported to amend subparagraph (a)(12)(G) but actually amended subparagraph (12)(G).
Ga. L. 2017, p. 500, § 1-1/SB 160, not codified by the General Assembly, provides that: “This Act shall be known and may be cited as the ‘Back the Badge Act of 2017.’ ”
For application of this statute in 2020 and 2021, see Executive Orders 09.15.20.01, 09.30.20.02, 10.15.20.01, 10.30.20.02, 11.13.20.01, 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 3.31.21.03, 04.30.21.01, and 05.28.21.02.
A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.
Cross references.
Rights of minors, § 1-2-8 .
Sale of alcoholic beverages to or by underage persons generally, § 3-3-23 et seq.
Minors, contracts for property or valuable consideration; contracts for necessaries, § 13-3-20 .
Officers of the court and court personnel, Uniform Rules for the Juvenile Courts of Georgia, Rule 2.1 et seq.
Law reviews.
For article recommending more consistency in age requirements of laws pertaining to the welfare of minors, see 6 Ga. St. B.J. 189 (1969).
For article, “An Outline of Juvenile Court Jurisdiction with Focus on Child Custody,” see 10 Ga. St. B.J. 275 (1973).
Structure Georgia Code
Article 1 - General Provisions
§ 15-11-4. Other Laws Apply to Chapter
§ 15-11-5. Computations of Time
§ 15-11-9. Authority to Issue Arrest Warrants
§ 15-11-10. Exclusive Original Jurisdiction
§ 15-11-11. Concurrent Jurisdiction
§ 15-11-12. Dual Designation of Children; Consolidation of Proceedings; Time Limitations
§ 15-11-13. Appointment of Guardian or Conservator
§ 15-11-14. Transfers From Probate Court
§ 15-11-15. Transfers From Superior Court; Custody and Support
§ 15-11-16. Commencement of Proceedings
§ 15-11-17. Conduct of Hearings Generally; Applicability of Title 24
§ 15-11-18. Subpoenas; Application of Title 24
§ 15-11-19. Rights of Parties to Proceedings
§ 15-11-20. Referral for Mediation
§ 15-11-21. Selection and Appointment of Mediator
§ 15-11-22. Agreement to Mediate; Procedure
§ 15-11-23. Stay of Proceeding Pending Mediation; Time Limitations
§ 15-11-24. Termination of Mediation
§ 15-11-25. Approval of Mediation Agreements; Exceptions
§ 15-11-26. Best Interests of Child
§ 15-11-27. Physical and Mental Examinations
§ 15-11-28. Privilege Against Self-Incrimination
§ 15-11-29.1. Parental Accountability; Court Orders; Enforcement
§ 15-11-30. Rights and Duties of Legal Custodian
§ 15-11-31. Contempt Powers; Other Sanctions
§ 15-11-32. Modification or Vacation of Orders; Retroactive Application
§ 15-11-34. Commitment to Adult Correctional Facility Prohibited
§ 15-11-36. Expenses Charged to County; Payment by Parent on Court Order
§ 15-11-38. Community Based Risk Reduction Programs
§ 15-11-39. Risk Assessments or Risk and Needs Assessments; Case Plans; Issuance of Orders