In Georgia, a thirteen-year-old child convicted of homicide can be sentenced to die in prison. While most states have retreated from juvenile life without parole, abolishing it through legislation or judicial decision, Georgia has moved in the opposite direction, becoming the nation’s leader in imposing the sentence. A sequence
For most of history, judges have applied fault- and sex-based presumptions to decide the kinds of custody arrangements that are in children’s best interests. Now that those have been eliminated, courts have no clear guidance for deciding the custody of children other than a vague directive to do what
The Act expands the definition of “child abuse” by providing for a definition of “near fatality.” It also changes who may access records of child abuse and deprivation to include any governmental agency and certain other persons as defined by the Act. Additionally, it makes cases of near fatality accessible
The Act serves two different seemingly independent purposes. First, the Act codifies Georgia's common law regarding the emancipation of minors. The Act creates nine new Code sections, which establish the conditions for minors to become emancipated, provides for court proceedings for emancipation, and address rescission of emancipation. The
The Act expands the definition of "child" under the Juvenile Proceedings Chapter of Title 15 to include 18-year-old individuals charged with status offenses. Prior to the Act's passage, juvenile courts' jurisdiction covered only children up to the age of 17 charged with status offenses.
Download
The Act authorizes the appointment of counsel or a court appointed special advocate to act as a guardian ad litem for a minor in deprivation cases. The Act defines a court appointed special advocate as a carefully selected and trained volunteer whom a juvenile court appoints to serve as the
The Act brings state law into compliance with federal guidelines and qualifies the state for funding under the federal Adoption and Safe Families Act of 1997. It establishes that the safety and welfare of a child is the paramount consideration in a court's decision to remove a child
The Act provides guidance to the courts and the Department of Family and Children Services for reunification and termination of parental rights. The Act grants juvenile court judges the authority to appoint a guardian ad litem to determine if termination of parental rights is appropriate. The Act specifies a review
The Act reinforces the contempt powers of juvenile court judges when dealing with parents, guardians, or custodians who fail to appear at court proceedings. The Act authorizes juvenile court judges to impose specific sanctions on a parent, guardian, or custodian who willfully fails to appear before the court for the
The Act provides that a child may be taken into custody if a parent or guardian ha contacted a law enforcement agency and reported that child absent or if a child violates a state or local curfew, only when a holding facility for unruly children is available. The Act grants
The Act creates the Georgia Statutory Form for Financial Power of Attorney, but provides that it shall not be the exclusive method for creating such an agency. The Act also allows that, in settling the claims of minors that do not exceed $10,000, a natural guardian need not apply
The Act provides for the fingerprinting of juveniles charged with violent crimes. The Act allows public access to juvenile proceedings and records involving certain felonies and allegations of delinquency. The Act also prohibits the sealing of any juvenile records which involve a public proceeding. Further, the Act requires that victims
