Case Law Update. Tom C. Rawlings Judge, Juvenile Courts Middle Judicial Circuit Sandersville, GA (478) 553-0012 [email protected] www.tomrawlings.com. The Court’s Authority. “I’m in Control Here!”.
“I’m in Control Here!”
Once the juvenile court commits a child to the custody of DFCS, it cannot dictate where DFCS must place the child or, in this case, prohibit DFCS from making a certain placement.
In the Int. of A.N, 281 Ga. 58 (2006)
In re Tidwell, 279 Ga. App. 734 (6/12/2006).The Court’s Authority
H.B. 153: Placement Oversight DFCS, it cannot dictate where DFCS must place the child or, in this case, prohibit DFCS from making a certain placement.
Before DFCS changes a foster child’s placement:
Must inform the court and counsel.
The court or a party can request a hearing to determine whether the move is appropriate.
Court is required to defer to the agency BUT may have some discretion to block a move that is completely inappropriate.
Coming July 1 as part of 15-11-55!The Court’s Authority
In re Tidwell DFCS, it cannot dictate where DFCS must place the child or, in this case, prohibit DFCS from making a certain placement., 279 Ga. App. 734 (6/12/2006).
No Power to hold DFCS in Contempt because:
No authority to place child committed to DFCS
Order showed “nothing on its face to demonstrate that the deprivation of [the child] with regard to [the father] had been placed in issue in the hearing.”The Court’s Authority
In Re: Liles DFCS, it cannot dictate where DFCS must place the child or, in this case, prohibit DFCS from making a certain placement., 278 Ga. App. 496 (629 SE2d 492) (3/27/2006)
Court properly found a parent in contempt for refusing to bring his child to visits with the probation.
Court had placed the parent under a protective order pursuant to OCGA § 15-11-5, order clearly spelled out the parent’s duties.The Court’s Authority
In re DFCS, it cannot dictate where DFCS must place the child or, in this case, prohibit DFCS from making a certain placement.Jefferson, ___ Ga. App. ___ (A06A2253 decided 3/30/07).
Re-affirmed Court’s authority to hold person in criminal contempt.The Court’s Authority
TPR filed or pending; parents surrender rights to a relative
Relative goes to Superior Court and files adoption petition
Snyder v. Carter, 276 Ga. App. 426 (Ga. Ct. App. 2005)
Edgar v. Shave, 205 Ga. App. 337 (422 SE2d 234) (1992).Defeating Juvenile Court Jurisdiction via an Adoption Petition
No evidence that the parents were engaged in any custody dispute prior to the instances of deprivation;
THEN cannot say that the deprivation proceeding was a disguised custody
In the Interest of D.T., ___ Ga. App. ___ (A06A1815 decided 3/20/07).
In the Int. of K.L.H., 281 Ga. App. 394 (2006). Putative father brings deprivation proceeding against custodial mother, court finds child deprived and awards custody to the father and his mother.Custody or Deprivation?
Father incarcerated in Tennessee served by certified mail in TPR case. Acknowledged service.
In the Int. of C.S., 279 Ga. App. 831 (632 SE2d 665) (May 12, 2006)
Supreme Court has granted certiorari in S06G1802 to determine whether delivery by certified mail is sufficient in a termination of parental rights case.
The Court has referred the parties to OCGA §§ 15-11-39.1 and 15-11-96.Notice and Opportunity to be Heard
(A) The court determines parental misconduct or inability by finding that: (i) The child is a deprived child, as such term is defined in Code Section 15-11-2; (ii) The lack of proper parental care or control by the parent in question is the cause of the child's status as deprived; (iii) Such cause of deprivation is likely to continue or will not likely be remedied; and (iv) The continued deprivation will cause or is likely to cause serious physical, mental, emotional, or moral harm to the child.O.C.G.A. § 15-11-94
The Layers of Federal Law TPR case. Acknowledged service.